BOP Program Statement 3716.01 § 2

For the purposes of this program statement, the following definitions apply:

a. Bullying. An unwanted action that is offensive, abusive, intimidating, malicious, insulting, or

an abuse of power conducted by an individual or group of staff towards a staff member (or group

of staff); which is intended to make the recipient feel upset, threatened, humiliated, degraded, or

vulnerable, or which undermines the staff members self-confidence or creates a risk to their

health or safety. Examples of bullying include but are not limited to:

■ Physical attack, assault, or coercive behavior.

■ Insulting or threatening gestures.

■ Manipulation of the victim's reputation by rumor, gossip, ridicule, or innuendo.

■ Preventing the victim from speaking by using aggressive, obscene, or intimidating

language.

■ Aggressive behavior or shouting.

■ Unwarranted or disproportionate criticism of an individual's work performance that is

unsupported by facts.

■ Damaging and/or destroying personal or government property.

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■ Offensive use of social media.

b. Harassment. Bullying or any unwelcome verbal, non-verbal, or physical conduct when such

behavior either unreasonably interferes with a staff member’s work performance, and/or creates

an intimidating, hostile, or offensive work environment. Any staff or non-staff member in the

workplace might commit this type of harassment. The victim can be any staff affected by the

conduct, not just the individual to whom the offensive conduct is directed. Examples of harassing

conduct include but are not limited to:

■ A display of a racial or ethnic nature, such as gestures, pictures, drawings, or objects that

would offend a particular racial or ethnic group.

■ Comments regarding skin color, race, or other racial/ethnic characteristics.

■ Disparaging remarks about a person's sex, age, religious beliefs (or lack of religious

beliefs).

■ Expressing negative stereotypes regarding a person's birthplace or ancestry.

■ Derogatory or intimidating references about a person's actual or perceived mental or

physical disability.

■ Negative or disparaging comments about or references to a person's actual or perceived

sexual orientation.

■ Disparaging remarks and offensive language.

c. Cease and Desist Letter. A letter or document issued to an individual to stop alleged illegal

and prohibited activity.

d. Corrective Action. Action taken by management to stop the harassing conduct.

e. Prompt/Promptly. With little or no delay; immediately.

f. Reprisal/Retaliation. Taking or threatening to take unjustified employment action against a

protected staff member.

g. Quid-Pro-Quo. A favor or advantage granted or expected in return for something; favors in

return for some type of job benefit, such as a raise, better hours, promotion, etc., or to avoid

some type of detriment such as a pay cut, demotion, poor performance review, etc.

h. Sexual Harassment. As defined by federal regulation, unwelcome sexual advances, requests

for sexual favors, and other communication or physical contact of a sexual nature constitutes

sexual harassment when:

■ Submission to such conduct is made a term or condition of employment, either explicitly

or implicitly.

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■ Submission to or rejection of such conduct by a staff member is used as the basis for

employment decisions affecting such staff member.

■ Such conduct has the purpose or effect of unreasonably interfering with a staff members

work performance.

■ Such conduct is sufficiently severe or pervasive to create an intimidating, hostile, or

offensive working environment.

■ Quid-Pro-Quo harassment.