Rutgers’ “Independent” Investigation

RutgersOne wonders how an “independent” investigation could support a finding that Rutgers bullying basketball coach Mike Rice should remain on the university payroll?

Rice was forced to resign recently after a videotape was leaked to the public and showed him verbally and physically  abusing players, while using homophobic slurs.

 In his letter of resignation letter to Rutger’s President Robert L. Barchi, Athletic Director Tim Pernetti writes:

 “As you know, my first instincts when I saw the videotape of Coach Rice’s behavior was to fire him immediately. However, Rutgers decided to follow a process involving university lawyers, human resources professionals and outside counsel. Following review of the independent investigative report, the consensus was that university policy would not justify dismissal.”

Corporate Counsel  reports that the outside counsel, Attorney John Lacey, an attorney with Connell Foley of Roseland, NJ,  issued a report in January stating that Rice could not be fired “for cause.” because there was no clear violation of his employment contract.

  Lacey found that Rice was extremely demanding of his assistant coaches and players but that his behavior did not constitute “a ‘hostile work environment’ as that term is understood under Rutgers’ anti-discrimination policies.”  Lacy said  the “intensity” of Rice’s misconduct may have breached provisions in his contract against embarrassing the school but, as Rutgers officials conveniently point out, did not recommend termination. 

The conclusion of the so-called independent investigation once again raises questions about these so-called  independent investigations.

 Increasingly,  employers hire  outside parties to “investigate” claims of workplace abuse.  There  often is  an unstated expectation that the result  of the investigation will affirm the employer’s goal of retaining the valued bully while insulating the employer from a potential lawsuit if the less valued target files a lawsuit. Too often the so-called independent investigators are attorneys who place themselves in the position of appearing to be for sale to the highest bidder.

 The videotape is so shocking that it defies reason that any “independent” investigator could reasonably  conclude that Rice’s behavior did not justify dismissal. In fact, some of the basketball  players could have filed criminal assault complaints against Rice for physically manhandling them. Instead of dismissing Rice, Rutgers fined him $50,000 and suspended him for three games in December.

 Just as in the Penn State scandal involving  pedophile football assistant coach Jerry Sandusky, Rutgers appears to have tolerated Rice’s bad behavior.

After the videotape was leaked, the dominos began to fall. Rice was fired.  Assistant Coach Jeremy Martelli, Rutger’s General Counsel John Wolf, and Pernetti resigned.  If I were Barchi, I wouldn’t make plans to redecorate the Presidential suite.  Barchi’s  claim that he never took the time to watch the videotape.until it was made public was met with obvious disdain at a press conference. Barchi blamed his bad decision on a “failure of process.”

Here is what needs to happen so that employers will take workplace bullying seriously – managers  need to be held accountable.  

These student athletes are essentially workers who are paid in the form of scholarship assistance by the university.  Like any other worker, they know that  a complaint can result in retaliation and their termination.  These players  relied upon their unofficial employer, Rutgers, to insure they were treated with dignity and respect and certainly not subjected to emotional and p physical abuse.

 Most of the players just put up with Rice’s abuse. However, according to news reports, at least three players transferred from the program as a result of Rice’s abuse.

           

           

Workplace Bullying Increasing

A new study by CareerBuilder finds that workplace bullying is on the rise, with 35 percent of workers reporting they have felt bullied on the job, up from 27 percent last year.

 Sixteen percent of these workers reported they suffered health-related problems as a result of bullying and 17 percent decided to quit their jobs to escape the situation.

 The study  found the majority of incidents go unreported.  Twenty-seven percent of  targets said they reported the bullying to their Human Resources department. Of these workers, 43 percent reported that action was taken while 57 percent said nothing was done.

 The scientific  survey was conducted online  by Harris Interactive from May 14 to June 4, 2012 and included more than 3,800 workers nationwide.

 Who Are the Bullies?

 Of workers who felt bullied, 48 percent pointed to incidents with their bosses and 26 percent to someone higher up in the company. Forty-five percent said the bullies were coworkers  while 31 percent were picked on by customers. 

 More than half (54 percent) of those bullied said they were bullied by someone older than they were, while 29 percent said the bully was younger.

 Weapons of a Workplace Bully

 The most common way workers reported being bullied was getting blamed for mistakes they didn’t make followed by not being acknowledged and the use of double standards. The full list includes:

  • Falsely accused of mistakes – 42 percent
  • Ignored – 39 percent
  • Used different standards/policies toward me than other workers – 36 percent
  • Constantly criticized – 33 percent
  • Someone didn’t perform certain duties, which negatively impacted my work – 31 percent
  • Yelled at by boss in front of coworkers – 28 percent
  • Belittling comments were made about my work during meetings – 24 percent
  • Gossiped about – 26 percent
  • Someone stole credit for my work – 19 percent
  • Purposely excluded from projects or meetings – 18 percent
  • Picked on for personal attributes – 15 percent

Standing Up to the Bully

 About half (49 percent) of victims reported confronting the bully themselves, while 51 percent did not. Of those who confronted the bully, half (50 percent) said the bullying stopped while 11 percent said it got worse, and 38 percent said the bullying didn’t change at all.

The company offers the following tips for workers who are feeling bullied:

  1. Keep record of all incidents of bullying, documenting places, times, what happened and who was present.
  2. Consider talking to the bully, providing examples of how you felt treated unfairly. Chances are the bully may not be aware that he/she is making you feel this way. (Personally, I disagree.  Most bullies know exactly what they are doing. A small percentage are actually psychopaths ,completley lacking in empathy.  Use your judgment when confronting a bully – it may work but it also could escalate the problem or the bully could lay low until he/she sees the opportunity to finish the job.) 
  3. Always focus on resolution. When sharing examples with the bully or a company authority, center the discussions around how to make the working situation better or how things could be handled differently.

Surveys consistently show that between a quarter and a third of workers have felt bullied on the job. Furthermore, there is overwhelming research  that workplace bullying can lead to potentially severe mental and physical health problems. Yet, efforts to address the problem in the United States over the past decade have proved fruitless up to now. Meanwhile, many other industrialized countries have adopted regulations or laws to address workplace bullying which place the responsibility upon the employer to insure a safe bully-free workplace for employees.

Readers can sign a petition calling up the Secretary of Labor to take action to address the epidemic of workplace bullying by going here.

CareerBuilder’s on-line site, CareerBuilder.com®, is the largest in the United States with more than 24 million unique visitors, 1 million jobs and 49 million resumes.

 

Lesson of the Boys on the Bus

Could videotaping be a solution to workplace bullying?

It was in Karen Klein’s case.

As a result of a cell phone video that went viral on the Internet, four seventh-graders in upstate New York recently were suspended for a year for bullying Karen Klein, a 68-year-old school bus monitor.

Meanwhile, a fund drive started on Klein’s behalf has yielded more than $650,000 to date.

It is unlikely that anyone would have believed what Klein went through on that bus ride home if it had not been videotaped.  The youths’ behavior is so vile that it is shocking !

The four boys cruelly taunt and humiliate Klein, even commenting about the suicide of her oldest son.  (“You don’t have a family because they all killed themselves because they don’t want to be near you.”)  They invaded her personal and emotional space, as well as her physical space. They drove her to tears and they were positively gleeful about it.

Surveys show that at least one in four American workers experience a hostile workplace as a result of bullying. Adult bullies tend to be more sophisticated than middle school boys. Most bullies in the workplace are supervisors but they can also be co-workers and customers.

Supervisors undermine the target over time with unfair criticism and demeaning comments.  They sabotage the target’s work by providing inadequate resources and unrealistic deadlines. They set out to systematically destroy the target’s reputation and self-esteem.

Targets of workplace bullying currently have little or no legal recourse to address the problem unless they are targeted in violation of civil rights laws on the basis of race, sex, religion, national origin, age, disability, etc.  Most targets of workplace bullying must either endure the bullying until they are sick, forced to quit or fired.

Other countries have adopted laws and regulations addressing workplace bullying but there is no state or federal law on the problem in the United States. Workplace bullying has been virtually ignored by the U.S. Secretary of Labor and the U.S. Occupational Health and Safety Administration.

So back to Klein’s case. The videotape of the boys on the bus drew international attention to her plight. Maybe there’s a lesson there.

Employers today routinely monitor employees to insure against theft or fraud. Why shouldn’t employees electronically monitor the workplace?

Keep in mind that several states have laws that prohibit the use of devices that record, photograph or overhear events or conversations in private places. Private areas include places where a reasonable amount of privacy is expected, such as a restroom or a locker room. Most work areas are considered public but … anyone who is seriously considering the surreptitious monitoring of their workplace should review (in advance) the laws of their state and, if they’re smart, consult an attorney.

It’s a radical idea but maybe a few viral videos that demonstrate the real problem of workplace bullying in the United States would prompt some long overdue federal attention to the problem.

Workplace Bullying: America Lags Behind

It is a disgrace that America is one of the only industrialized countries in the world that tolerates workplace bullying.

Please sign a petition asking the Obama administration to formulate a national strategy to halt workplace bullying. The petition, created by a coalition of workplace anti-bully advocates (including this blog), can be found at http://www.thepetitionsite.com/1/protect-us-workers/.

Among other countries, America lags behind the 32 members and participating states of the European Union that voted in 2007 to require all employers to address and prevent workplace bullying.  Sweden acted in 1993!

The World Health Organization calls workplace bullying a major public health problem.  There is overwhelming research showing that targets of workplace bullying may suffer a variety of long-and short-term mental and physical health problems. A high level of stress in the workplace is linked to chronic disease, including cardiovascular disease.

If you happen to be the one-in-four American workers who are afflicted with bullying, you will quickly find that no federal or state law exists to protect you.  Sure, the U.S. Occupational Health and Safety Act of 1970 requires employers to provide all workers with a safe workplace but the OSH Act is not enforced with respect to workplace bulling. Even if you can shoehorn your complaint into an existing law, it will be an expensive, long, uphill battle.  You may also find that the American judiciary is not knowledgeable or sympathetic to the plight of workers.

Surveys show that most targets of bullying are either forced to quit or resign.

In a little more than two weeks, about 7,000 people have signed the petition. Surely this is evidence of the overwhelming nature of this problem, especially in our current dire economy, with an aging workforce that cannot afford to quit or retire. When you sign the petition, an email is dispatched to both the White House and to the Labor Secretary.

Here are some recent comments from the petition:

  •  Workplace bullying has to end! My diabetic dad is too afraid to speak out against his coworker and boss who are creating a severe hostile work environment for fear of losing his job. This epidemic has to stop.
  • Workers who bully are unprofessional and immature and psychologically disturbed, and contribute to health problems in their targets and increased absenteeism and med costs. Remove the bullies, the work environment should be on a professional par with other industrialized countries, and not a playpen or a refuge for sociopaths.
  •  I too was bullied by a supervisor, who was a bully while in school. He would snark at me, make fun of my work if my way of performing the task was different than how he envisioned (my way was more time-efficient even), roll his eyes at my comments, and such. Once when he was asking me for some personal info I finally told him, ‘why would I give a bully additional info to use against me?’ I had lots of hair loss, high blood pressure, unsettling dreams leading to unsettled sleep patterns, and felt tired all the time. I did finally make it to retirement, whew, and it took 6-10 months for my body to realign from all the stress.
  •  I had loved my job and the people I worked for and with; but after seeing my boss bully and harass employees until they quit or are fired; it suddenly became my turn. i could not understand why a guy that i gave everything to 12- 15 hours a day, would harass me and call me names to the point where I would be hospitalized several times for severe anxiety disorder, and have to live with it and medication. all caused by one man that felt that with power and riches he can ruin anyone’s life he chooses.
  •  Bullies aren’t found only in the schools. Some graduate to become workplace bullies. Just because they are chronologically adult doesn’t guarantee they will act responsibly. Please act to protect working Americans.