I am a Human Resources Director in an organization, and I have been bullied for nine years by a coworker. I just finally filed a claim, but I am physically, mentally and emotionally devastated by the effects of this subversive, subtle character assassination. I want to continue to work here, but the price may be too great.
Anonymous
Monday, April 13, 2009
Sunday, April 12, 2009
Two active criminal justice theories
There are two active criminal justice theories in use in the USA .
The due process model focuses on rights of the accused. The Crime Control Model focuses on protection of the innocent.
When the bully “punishes” his target, he is using the second model. The “crime” that the victim commits is not submitting completely to the bully’s every whim and delusion.
Yet the bully is not protecting the innocent; he/she is protecting their own self interest.
In a country that honors freedom, the bully ignores the principles most of us follow and uses intimidation to achieve his/her selfish goals.
We only need the government to enforce the law and prohibit bullies from destroying innocent people.
Anonymous
The due process model focuses on rights of the accused. The Crime Control Model focuses on protection of the innocent.
When the bully “punishes” his target, he is using the second model. The “crime” that the victim commits is not submitting completely to the bully’s every whim and delusion.
Yet the bully is not protecting the innocent; he/she is protecting their own self interest.
In a country that honors freedom, the bully ignores the principles most of us follow and uses intimidation to achieve his/her selfish goals.
We only need the government to enforce the law and prohibit bullies from destroying innocent people.
Anonymous
Saturday, April 11, 2009
Making the Star Chamber Work
1. The tribunal should extend its jurisdiction or catchment area however broadly is required to take up the complaint against DR. PITA—whether the incident occurred on campus or off, in his professorial role or outside it.
2. Ideally, DR. PITA should be found guilty of something before he finds out what it is. The Harassment Officer may assist one or more complainants in drawing up a plausible preliminary indictment for subsequent approval by the tribunal as a whole.
3. To enlist DR. PITA’s cooperation in his own undoing, confound the roles of counsellor, prosecutor, and judge. In conversations with an official he believes is being friendly, he may make incriminating statements that can later be held against him.
4. Make sure the victim-accuser is on side. More than one case has been lost, even with many ardent complainants, because the alleged victim did not herself find DR. PITA’s behaviour objectionable.
5. Reward accusers. For lowly undergraduates, the attentions of important university officials may be reward enough. Financial compensation or revision of grades, on account of injuries sustained, may also be considered.
6. Avoid falsifiable statements in the indictment. Vagueness and innuendo are far more effective than charges that lend themselves to being disproven.
7. Once the decision is made to proceed to a formal hearing, move as quickly as possible, showing a sense of great urgency. A hearing that cannot be arranged promptly may not be able to be arranged at all.
8. Ignore DR. PITA’s lawyer, if he has one, and forbid the lawyer’s presence at the hearing. Explain that domestic tribunals of a university proceed by norms of collegiality, and that legalistic, adversarial measures are out of place.
9. If the faculty association or other bodies attempt to intervene on DR. PITA’s behalf, accuse them of trying to exert undue influence. Insist that the tribunal will not bend to the political pressure being applied.
10. Ignore claims that the tribunal is biased against him. Respond as one chair did: “I am satisfied that this committee member has no apprehension of bias.”
11. Disregard evidence in DR. PITA’s favour on substantive grounds. Describe it as irrelevant or not germane to the issues under consideration.
12. Disregard evidence in DR. PITA’s favour on procedural grounds. Say it was submitted at the wrong time, to the wrong official, or in the wrong format.
13. If there is evidence that DR. PITA has discussed the case outside the tribunal (he may admit, for instance, having talked about it with his wife, his dean, or some colleagues), charge him with breach of confidentiality.
14. If DR. PITA speaks his accusers’ names outside the tribunal, charge him with breach of confidentiality and with attempting to damage their reputations and cause them to suffer.
15. If DR. PITA (or his colleague-advisor, if the policy provides for one) objects to the tribunal’s procedures, remind him that this is not a court of law, that collegiality must be insisted upon, and that the tribunal will not entertain editorial comments.
16. Ignore the references to context that DR. PITA is almost sure to make. Explain that the tribunal’s only concern is with this particular incident, not with what may have happened before or after.
17. Find an excuse to make a confidential investigation that may yield additional complaints and is useful in any case for damaging DR. PITA’s reputation. Contact former students, for example, or advertise in the newspaper. In a case against a policeman pita, the tribunal set out to contact each of the 2,047 women he had had something to do with during his eight years on the force.
18. Try to provoke DR. PITA into losing his temper or doing something rash, then make appropriate additional charges. Like most professors, DR. PITA is so proud and vain that the hearing itself will insult and fluster him.
19. In the report at the end, find DR. PITA guilty of something, even if it is not what he was initially charged with. The important thing is to find against him. The precise nature of the finding is of secondary importance.
20. Write a long report, preferably at least ten pages single-spaced. Number sections and paragraphs. Include lots of footnotes. Be vague and repetitive. Include nothing that could be quoted out of context as being in DR. PITA’s favour.
21. Recommend multiple punishments: for example, requirements to make several different apologies, go for counselling, and attend a series of workshops, in addition to a financial penalty.
22. Do not let your animus against DR. PITA show, nor lead you to write things that are obviously untrue. Senior managers will not take kindly to a report so extreme they are obliged to reject it, and may deny you the rewards you will otherwise receive for your service to the university.
23. The report should include innuendo so damaging to DR. PITA that he will not himself release it publicly, however strong his objections. Suggestions of sexual predation or mental unbalance serve well.
24. Do not release the report publicly, lest the tribunal be revealed as a kanagaroo court. After my first ethics hearing, the provost put the report on the Internet. I understand from him that he now regrets that decision.
25. For the same reason, never release audio-tapes of the proceeding, much less a transcript. If this cannot be avoided (in connection with an appeal, for instance), DR. PITA may be allowed to listen to the tapes under administrative supervision, but under no circumstances should he be allowed to walk away with a copy.
A Sample Chapter from Kenneth Westhues, Eliminating Professors: a Guide to the Dismissal Process, Lewiston: NY: The Edwin Mellen Press, 1998.
2. Ideally, DR. PITA should be found guilty of something before he finds out what it is. The Harassment Officer may assist one or more complainants in drawing up a plausible preliminary indictment for subsequent approval by the tribunal as a whole.
3. To enlist DR. PITA’s cooperation in his own undoing, confound the roles of counsellor, prosecutor, and judge. In conversations with an official he believes is being friendly, he may make incriminating statements that can later be held against him.
4. Make sure the victim-accuser is on side. More than one case has been lost, even with many ardent complainants, because the alleged victim did not herself find DR. PITA’s behaviour objectionable.
5. Reward accusers. For lowly undergraduates, the attentions of important university officials may be reward enough. Financial compensation or revision of grades, on account of injuries sustained, may also be considered.
6. Avoid falsifiable statements in the indictment. Vagueness and innuendo are far more effective than charges that lend themselves to being disproven.
7. Once the decision is made to proceed to a formal hearing, move as quickly as possible, showing a sense of great urgency. A hearing that cannot be arranged promptly may not be able to be arranged at all.
8. Ignore DR. PITA’s lawyer, if he has one, and forbid the lawyer’s presence at the hearing. Explain that domestic tribunals of a university proceed by norms of collegiality, and that legalistic, adversarial measures are out of place.
9. If the faculty association or other bodies attempt to intervene on DR. PITA’s behalf, accuse them of trying to exert undue influence. Insist that the tribunal will not bend to the political pressure being applied.
10. Ignore claims that the tribunal is biased against him. Respond as one chair did: “I am satisfied that this committee member has no apprehension of bias.”
11. Disregard evidence in DR. PITA’s favour on substantive grounds. Describe it as irrelevant or not germane to the issues under consideration.
12. Disregard evidence in DR. PITA’s favour on procedural grounds. Say it was submitted at the wrong time, to the wrong official, or in the wrong format.
13. If there is evidence that DR. PITA has discussed the case outside the tribunal (he may admit, for instance, having talked about it with his wife, his dean, or some colleagues), charge him with breach of confidentiality.
14. If DR. PITA speaks his accusers’ names outside the tribunal, charge him with breach of confidentiality and with attempting to damage their reputations and cause them to suffer.
15. If DR. PITA (or his colleague-advisor, if the policy provides for one) objects to the tribunal’s procedures, remind him that this is not a court of law, that collegiality must be insisted upon, and that the tribunal will not entertain editorial comments.
16. Ignore the references to context that DR. PITA is almost sure to make. Explain that the tribunal’s only concern is with this particular incident, not with what may have happened before or after.
17. Find an excuse to make a confidential investigation that may yield additional complaints and is useful in any case for damaging DR. PITA’s reputation. Contact former students, for example, or advertise in the newspaper. In a case against a policeman pita, the tribunal set out to contact each of the 2,047 women he had had something to do with during his eight years on the force.
18. Try to provoke DR. PITA into losing his temper or doing something rash, then make appropriate additional charges. Like most professors, DR. PITA is so proud and vain that the hearing itself will insult and fluster him.
19. In the report at the end, find DR. PITA guilty of something, even if it is not what he was initially charged with. The important thing is to find against him. The precise nature of the finding is of secondary importance.
20. Write a long report, preferably at least ten pages single-spaced. Number sections and paragraphs. Include lots of footnotes. Be vague and repetitive. Include nothing that could be quoted out of context as being in DR. PITA’s favour.
21. Recommend multiple punishments: for example, requirements to make several different apologies, go for counselling, and attend a series of workshops, in addition to a financial penalty.
22. Do not let your animus against DR. PITA show, nor lead you to write things that are obviously untrue. Senior managers will not take kindly to a report so extreme they are obliged to reject it, and may deny you the rewards you will otherwise receive for your service to the university.
23. The report should include innuendo so damaging to DR. PITA that he will not himself release it publicly, however strong his objections. Suggestions of sexual predation or mental unbalance serve well.
24. Do not release the report publicly, lest the tribunal be revealed as a kanagaroo court. After my first ethics hearing, the provost put the report on the Internet. I understand from him that he now regrets that decision.
25. For the same reason, never release audio-tapes of the proceeding, much less a transcript. If this cannot be avoided (in connection with an appeal, for instance), DR. PITA may be allowed to listen to the tapes under administrative supervision, but under no circumstances should he be allowed to walk away with a copy.
A Sample Chapter from Kenneth Westhues, Eliminating Professors: a Guide to the Dismissal Process, Lewiston: NY: The Edwin Mellen Press, 1998.
Thursday, April 9, 2009
Workplace bullies
...Most people do not recognize bullying, but realize that there are problems at work that make it difficult to stay motivated. Unlike assault or harassment, bullying is subtle and may involve hundreds of incidents that appear trivial when viewed out of context and in isolation; so therefore, bystanders can't see or understand the whole picture.Many people will not speak up, even after they recognize a bully because they lack the moral courage to stand up to one. In an environment where bullying is entrenched, it is regarded as “normal” behavior or part of the culture. Typically, there is a climate of fear and low morale throughout the organization. Those with a feeling of hopelessness will “vote with their feet” by quitting their job or retiring early.
When one does take a stand, the bully will often move into phase two of the bullying process, which is elimination. This tactic tends to keep the people in their place while the bully mounts a covert attack designed to force the victim to resign or create a paper trail that can be used to terminate the individual.
Those who refuse to support the bully are isolated, victimized, have undue constraints or workloads imposed, and are subjected to disciplinary proceedings on trumped-up charges as a prelude to termination...
From: http://www.saipantribune.com
Wednesday, April 8, 2009
Bureaucrats rule universities
Move over dons, administrators now rule, says v-c
The days of the "donnish dominion" are over and university administration is perhaps the key profession in higher education. This is the view of Sir Peter Scott, vice-chancellor of Kingston University.
At the annual conference of the Association of University Administrators this week, he said that despite being a "pretty mixed bunch" in terms of professional responsibilities, administrators probably had greater claim to being the crux of the university endeavour than academics, vice-chancellors or governors.
He said that he regretted the erosion of the power of the senate, and suggested that the influence wielded by senior academics was now more "executive and managerial" than "academic and collegial". "As for the donnish dominion," he said, "I'm not sure there's much of that left outside Oxford and Cambridge."
Professor Scott said that another potentially powerful group in higher education was governors. Their influence had expanded in the past 20 years, partly as a result of the "worship of the free market", he said. This development coincided with the birth of the "quangocracy", typified by government-linked bodies that viewed universities as "delivery organisations".
But none of these groups had as much claim to the title of the "key profession" in higher education as administrators did, Professor Scott said.
He compared universities to the National Health Service and said that anyone who had been in hospital would know that doctors were not the be-all and end-all of the medical profession - indeed, hospitals would not run at all without administrative staff.
Professor Scott said that a glance across the Atlantic to the US would show how important administrators could be. "In some (US universities), faculty are rather peripheral to the whole process," he said.
Maureen Skinner, chair of the AUA, said "I'm encouraged to hear that we the administrators are not powerless, and I'm particularly encouraged to hear that from a vice-chancellor."
From: http://www.timeshighereducation.co.uk
-----------------
We did not need to hear this from the horse's mouth. None of us had any illusions. Sir Peter Scott can be proud of his achievements... Now you lot, academic luben proletariats, get back to work...
The days of the "donnish dominion" are over and university administration is perhaps the key profession in higher education. This is the view of Sir Peter Scott, vice-chancellor of Kingston University.
At the annual conference of the Association of University Administrators this week, he said that despite being a "pretty mixed bunch" in terms of professional responsibilities, administrators probably had greater claim to being the crux of the university endeavour than academics, vice-chancellors or governors.
He said that he regretted the erosion of the power of the senate, and suggested that the influence wielded by senior academics was now more "executive and managerial" than "academic and collegial". "As for the donnish dominion," he said, "I'm not sure there's much of that left outside Oxford and Cambridge."
Professor Scott said that another potentially powerful group in higher education was governors. Their influence had expanded in the past 20 years, partly as a result of the "worship of the free market", he said. This development coincided with the birth of the "quangocracy", typified by government-linked bodies that viewed universities as "delivery organisations".
But none of these groups had as much claim to the title of the "key profession" in higher education as administrators did, Professor Scott said.
He compared universities to the National Health Service and said that anyone who had been in hospital would know that doctors were not the be-all and end-all of the medical profession - indeed, hospitals would not run at all without administrative staff.
Professor Scott said that a glance across the Atlantic to the US would show how important administrators could be. "In some (US universities), faculty are rather peripheral to the whole process," he said.
Maureen Skinner, chair of the AUA, said "I'm encouraged to hear that we the administrators are not powerless, and I'm particularly encouraged to hear that from a vice-chancellor."
From: http://www.timeshighereducation.co.uk
-----------------
We did not need to hear this from the horse's mouth. None of us had any illusions. Sir Peter Scott can be proud of his achievements... Now you lot, academic luben proletariats, get back to work...
Employment Law Changes, UK: Disciplinary & grievance procedures
...Another big change that will most certainly affect HR’s workload is the abolition of the statutory discipline and grievance procedures for handling workplace disputes. In its place will be the Acas Code of Practice, which offers a broader set of guidelines based around five main principles: Employers should act consistently, carry out any necessary investigations, tell the employee the base of the problem, give them an opportunity to put forward their case, and allow them to be accompanied by a colleague or union member.
However while the principles sound fair, the 'grey area' surrounding the correct procedures has certainly expanded: "It was quite prescriptive before and while it is good news for employers that they are doing away with it, the broader principles give more scope for error if you are not clear," says Rachael Heenan, employment partner at Beachcroft law firm. She believes that training for managers is key to ensuring a smooth transition between the old and new laws.
"The five main principles are things that should be dealt with promptly, and that is always an issue: in your day-to-day work, trying to deal with an internal investigation is not always top of the pile and unless HR has had training or lots of experience to deal with it, things can come unstuck," she reflects. "Although it is meant to be more flexible, the ideas in the Acas code can mean that an employer trying very hard to apply the letter of the law and comply with their obligations can find it harder because there is more flexibility; it gives more scope for arguments," says Balfour.
In addition, she believes the new code of practice, which allows employees a reasonable opportunity to present evidence, which includes bringing in witnesses at disciplinary hearings, will inevitably delay procedures: "It could turn proceedings into even more of a mini court-case," she says.
"Although it is meant to be more flexible, the ideas in the Acas code can mean that an employer trying very hard to apply the letter of the law and comply with their obligations can find it harder."
Anne-Marie Balfour, Speechly Bircham
John Ruddell, an employment law solicitor from Barlow Robbins, agrees: "The desired effect of the old statutory procedure was to get fewer claims but it has not worked – it has resulted in the exact opposite," he explains. "One of the main reasons is that it was quite prescriptive and there was a lot of argument over whether it actually applied in the first instance, which actually resulted in more Tribunal claims. But the purpose of this now is to make it more flexible and to lay down some guidelines, especially how to follow the process," he says.
However, Balfour sounds a note of caution: "Training is really important in the early stages to make sure everyone knows what the differences are this time around and also on the transitional provisions; there will be some grievances and dismissal situations that will span the two regimes, so make sure you know which one to work with," she says...
From: http://www.hrzone.co.uk
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Shifting the deckchairs on the Titanic...
Sunday, April 5, 2009
Useful, interesting, informative links
The Mobbing Portal: http://www.mobbingportal.com/
32 cases of academic mobbing: http://www.mobbingportal.com/casesofmobbing.html
Minding the workplace: http://newworkplace.wordpress.com/
Resources for Teachers: http://www.mobbingportal.com/teachers.html
32 cases of academic mobbing: http://www.mobbingportal.com/casesofmobbing.html
Minding the workplace: http://newworkplace.wordpress.com/
Resources for Teachers: http://www.mobbingportal.com/teachers.html
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