Infusing good core values into a new organization

With a beta version of the TJ Society’s forthcoming website, at the International Congress on Law and Mental Health, Prague, in July

Readers of recent entries are likely aware that I’ve been hip deep in helping to create a new, non-profit organization, the International Society for Therapeutic Jurisprudence (“TJ Society”). From the most recent draft of our by-laws, here is what the group is about:

Therapeutic jurisprudence (TJ) is an interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. TJ values psychologically healthy outcomes in legal disputes and transactions, without claiming exclusivity in terms of policy objectives. The TJ Society shall advance these overall purposes by supporting legal and interdisciplinary scholarship; identifying and promoting best professional and judicial practices; sponsoring conferences, workshops, and seminars; engaging in continuing professional education and public education activities; and hosting and participating in print, electronic, social media platforms.

As I wrote earlier this month, I’m part of an all-volunteer board that is forming this organization, and I’m serving as its first chairperson. It’s a lot of work, but the broader purpose and the fellowship of a truly exceptional group of colleagues make it all worth it.

This also is an opportunity to put into practice many of the values that I have been advocating for via this blog. It means practicing inclusive, servant leadership dedicated to a cause greater than individual ambitions. It means treating others with respect and dignity. It means actually exhibiting transparency rather than simply touting it. It means avoiding unnecessary hierarchies. Above all, it means building a welcoming and difference making community. Fortunately, our board consists of individuals who walk this talk as a natural way of going about things. This is good: An organization devoted to psychologically healthy laws and legal systems should strive to operate in a psychologically healthy manner.

The TJ Society is a global organization, with a board and advisory council comprised of folks from around the world. This creates obvious communications challenges. It can mean maddening pile-ups of e-mails (many inflicted by yours truly) in attempting to work through topics that require group input, and very understandably patiences can grow weary among a group of very busy people. Additionally, available online meeting technologies such as Skype and Google hangout can’t change the scheduling realities of holding a board meeting with participants’ time zone differences ranging from six to fourteen hours! As I said, we’re fortunate to have such wonderful board members who can roll with the digital waves.

In terms of shaping my contributions to this fledgling learned society, I am fortunate to have other organizations and initiatives as role models. Over the years I have learned so much from the Human Dignity and Humiliation Studies network, especially the leadership of co-leaders Evelin Lindner and Linda Hartling. I’ve also been inspired by the inclusive culture of the biennial Work, Stress and Health conference, co-sponsored by the American Psychological Association, National Institute for Occupational Safety and Health, and Society for Occupational Health Psychology. I’m further grateful for the biennial International Congress on Law and Mental Health sponsored by the International Academy of Law and Mental Health, which, among many other good things, allows therapeutic jurisprudence scholars and practitioners to gather and learn from each other. I hope that the TJ Society will draw from the best characteristics exhibited by these entities.

It’s too early to say whether the TJ Society will build into its culture the values that make for healthy, inclusive organizations, but I’m betting that it will happen. Embracing and practicing these values at the beginning is an important start. Yup, as we grow we’ll make some mistakes, juggle differences of opinion, and probably deal with conflicts here and there. But if the foundation is strong, we’ll do things in the right way much more often than not.

Addressing workplace bullying, mobbing, and incivility in higher education: The roles of law, cultures, codes, and coaching

At the just-concluded International Congress on Law and Mental Health in Prague, I presented a short paper, “Addressing Workplace Bullying, Mobbing, and Incivility in Higher Education: The Roles of Law, Cultures, Codes, and Coaching,” as part of a panel discussion on legal issues in higher education. In assembling this talk, I drew heavily upon sources discussed in past blog entries, as I have long been interested in bullying behaviors in academe. Here’s a slightly edited version of my outline for the talk:

I. Introduction

  1. Short definitions
  • Workplace bullying – Intentional, often repeated, and health harming mistreatment of an employee by one of more other employees, using verbal and non-verbal means.
  • Workplace mobbing – An intentional “ganging up” on an employee by multiple employees, using bullying-type behaviors.
  • Workplace incivility – Behavior that violates conventional norms of workplace conduct.

2. Impacts

  • Reduced employee productivity, attentiveness, and employee morale, increased attrition and absenteeism;
  • Increased employee benefit costs and liability exposure;
  • For workplace bullying and mobbing, significant mental and physical health effects, including clinical depression, PTSD, suicidal ideation.

II. Bullying, Mobbing, and Incivility in Academe

  1. Are they problems in academic institutions?

Yes, books and studies have documented this. See my blog post, “Workplace Bullying and Mobbing in Academe: The Hell of Heaven?” (rev. 2014).

In the United States, political controversies in the aftermath of the 2016 election have fueled bullying, mobbing, and incivility on campuses.

2. Bullying, Mobbing, Incivility: Common Status Combinations

  • Board > administrator(s)/faculty
  • Administrator(s) > administrator(s)/faculty/staff
  • Tenured faculty > non-tenured faculty
  • Tenured faculty > tenured faculty
  • Faculty > mid-level administrator(s)/staff/graduate students
  • Staff > staff

3. My Pet Theory: “Dilbert in Tweed”

Academicians are adept at intellectual analysis, manipulation, and argumentation.  When applied to the tasks of teaching, scholarship, and service, these skills reinforce the most socially useful aspects of the academy.  But many of us who have worked in academe have seen what happens when they are applied in hurtful or even malicious ways.

Of course, exquisitely rationalized actions and explanations occur in many organizations, but in dysfunctional academic settings, they often rise to an art form.  After repeated such bludgeonings, we may become accustomed to, and sometimes all too indifferent towards, intellectual dishonesty and rhetorical “mal-manipulation.”  Call it Dilbert in Tweed.

Because this kind of mental facility often is at the heart of both perpetrating and defending bullying, academe becomes a natural petri dish for such behaviors, especially the covert varieties.  After all, so many decisions in the academy are based upon very subjective judgments.  This can create a particularly attractive setting for the passive-aggressive bully and the quiet-but-deadly mob.

(Passage adapted from David C. Yamada “The Role of the Law in Combating Workplace Mobbing and Bullying,” which appears in Kenneth Westhues’s edited volume, Workplace Mobbing in Academe (2004).)

III.       Relational vs. Non-Relational Organizational Cultures

Drs. Linda Hartling and Elizabeth Sparks, “Relational-Cultural Practice: Working in a Nonrelational World” (2002), paper published by the Wellesley Centers for Women:

A “relational” culture is one that values “growth-fostering relationships, mutual empathy, mutuality, [and] authenticity,” creating qualities of “zest, empowerment, clarity, sense of worth, and a desire for more connection.”

By contrast, the authors identify three types of “non-relational cultures” that hurt morale and productivity:

  • “traditional hierarchical” cultures that emphasize top-down power;
  • “pseudo-relational” cultures that value superficial “niceness” over constructive change; and,
  • brute “survival” cultures that pit everyone against one another in the quest for status and institutional spoils.

IV. A Suggested Therapeutic Jurisprudence-Informed Approach

  1. Build a relational work culture
  • Nurture civility and responsible speech, i.e., the Golden Rule
  • Manage incivility with non/less-punitive interventions (coaching, counseling)
  • Avoid civility codes

2. Prohibit Abuse

  • Anti-bullying provisions in employee policies
  • Progressive discipline
  • Avoid long, drawn-out, multi-layered disciplinary procedures
  • Incorporate legal liabilities and obligations: Especially discrimination & harassment laws (most nations); whistleblower & anti-retaliation protections (most nations); anti-bullying & mobbing laws (some nations).

Can institutions be caring servants for a greater good?

In the opening to his monograph The Institution as Servant (1972; rev. ed. 2009), the late Robert K. Greenleaf stated:

THIS IS MY THESIS: caring for persons, the more able and the less able serving each other, is the rock upon which a good society is built. Whereas, until recently, caring was largely person to person, now most of it is mediated through institutions — often large, complex, powerful, impersonal; not always competent; sometimes corrupt. If a better society is to be built, one that is more just and more loving, one that provides greater creative opportunity for its people, then the most open course is to raise both the capacity to serve and the very performance as servant of existing major institutions by new regenerative forces operating within them.

Greenleaf devoted much of his life to advancing the philosophy and practice of servant leadership. I was introduced to this concept by educator Steven James Lawrence, who tied it into the quest for greater dignity in our workplaces. This led me to the Robert K. Greenleaf Center for Servant Leadership in Atlanta, which describes servant leadership this way:

While servant leadership is a timeless concept, the phrase “servant leadership” was coined by Robert K. Greenleaf in The Servant as Leader, an essay that he first published in 1970. In that essay, Greenleaf said:

“The servant-leader is servant first… It begins with the natural feeling that one wants to serve, to serve first. Then conscious choice brings one to aspire to lead. That person is sharply different from one who is leader first, perhaps because of the need to assuage an unusual power drive or to acquire material possessions…The leader-first and the servant-first are two extreme types. Between them there are shadings and blends that are part of the infinite variety of human nature.

“The difference manifests itself in the care taken by the servant-first to make sure that other people’s highest priority needs are being served. The best test, and difficult to administer, is: Do those served grow as persons? Do they, while being served, become healthier, wiser, freer, more autonomous, more likely themselves to become servants? And, what is the effect on the least privileged in society? Will they benefit or at least not be further deprived?“

A servant-leader focuses primarily on the growth and well-being of people and the communities to which they belong. While traditional leadership generally involves the accumulation and exercise of power by one at the “top of the pyramid,” servant leadership is different. The servant-leader shares power, puts the needs of others first and helps people develop and perform as highly as possible.

Linking institutions and individuals in a servant leadership mode

You can see the challenge, drawing heavily upon Greenleaf’s thinking:

  1. Organizations have become the conduits through which society does much of its “caring work.”
  2. Organizations are only as good as their citizens, especially their leaders.
  3. Thus, to foster better, more caring institutions, we have to create and empower more caring leaders eager and willing to serve in a servant leadership capacity.

Uh oh, this isn’t going to be easy, right? It runs smack dab into commonly-held notions of self-interested ambition and advancement that are drilled into the heads of high achievers early on. Think family expectations for success. Think the cultures of business schools, law schools, and elite colleges and universities. Many of us (myself included) are where we are because we bought into that achievement ethic, at least in part, and perhaps at times at the cost of conducting ourselves in a servant leadership mode.

Furthermore, changing existing institutions is hard work. Organizational cultures set in good and bad ways. Greenleaf wrote The Institution as Servant especially for trustees in businesses, universities, and religious institutions. However, stakeholders at all levels must be invited to play a role in positive transformation. Also, it may be easier to imbue new organizations with a spirit of servant leadership rather than trying to move existing ones that seem stuck in place.

Finally, as some protested when I first wrote about servant leadership over a year ago, some leaders claim to be operating in servant leadership mode when, in reality, they’re doing quite the opposite. Thus, servant leadership has been hijacked in some instances by individuals who tout themselves as being something they’re not. (I’ve seen folks like this in academic workplaces. They’re also fond of using terms such as “transparency” and “shared governance,” and the more they invoke them, the less they practice them.)

Still, this is all worth pursuing. To a large degree, our society is the product of the institutions that shape it. Better organizations and better leaders can only help us.

Bureaucracy, administrative bloat, and organizational productivity

Writing for the Harvard Business Review, management experts Gary Hamel and Michele Zanini ask:

How pervasive is bureaucracy in your organization? How much time and energy does it suck up? To what extent does it undermine resilience and innovation? Which processes are more trouble than they’re worth?

To help tease out answers to these questions, Hamel and Zanini break down the costs of excessive organizational bureaucracy into these seven categories:

1. Bloat: too many managers, administrators, and management layers

2. Friction: too much busywork that slows down decision making

3. Insularity: too much time spent on internal issues

4. Disempowerment: too many constraints on autonomy

5. Risk Aversion: too many barriers to risk taking

6. Inertia: too many impediments to proactive change

7. Politics: too much energy devoted to gaining power and influence

But they don’t stop there! In their piece they also offer an assessment instrument, dubbed the “bureaucracy mass index,” that can help organizations compare respective levels of bureaucratic overkill. The instrument is specially for large private sector organizations, but smaller businesses, public agencies, and non-profit employers may find it useful as well.

Academic workplaces

Oh my, does this resonate for me as a denizen of higher education, where administrative bloat and top-down bureaucracy have sucked so much of the vitality out of colleges and universities, not to mention fueled skyrocketing tuition. A (London) Times Higher Education review of Benjamin Ginsburg’s The Fall of the Faculty: The Rise of the All-Administrative University (2011) captures a good chunk of this dynamic:

Administrators breed unless checked. . . . Administrative prestige is measured by the number of “reports” an administrator has, which is to say, how many people report to them. Deans need associate deans, assistant deans, deanlets and a bevy of secretarial staff, less to achieve anything truly useful than to enhance their prestige – and their salaries, because one’s pay goes up in proportion to the number of staff one directs.

It would be bad enough if the administrators were simply unproductive. . . . But The Fall of the Faculty regards many presidents, provosts, deans and their underlings as positively dangerous to the academic enterprise of teaching and research.

Ginsburg drew excerpts from his book to write a shorter piece on this topic — “Administrators Ate My Tuition” — for the Washington Monthly. (For two more good commentaries, check out these articles from The EvoLLLution and Chronicle of Higher Education.)

Administrators breed unless checked. What a brilliant line! How can those of us in bureaucratic work settings help to stop this needless bloat, unwise use of money, and harmful concentration of power?

School’s out (sort of), and summer beckons

In Boston, the weather isn’t quite there yet. I took this photo of the park near my home in the Jamaica Plain neighborhood a couple of years ago.

Hello dear readers! Classes have just finished up at my university, and I’ll be grading exams and papers for the next couple of weeks. I’m also gearing up for a busy summer of writing projects, organizing work, and speaking commitments before returning to classes in late August.

What follows is a mish-mash of items that may be of interest:

Essay about blogging

Osmania University, one of India’s oldest and largest universities, invited me to contribute an essay about an aspect of my work to a volume of commentaries in honor of its centennial celebration. I opted to write a piece about how this blog has allowed me to share ideas and information with a diverse audience inside and outside academe. Titled “Blogging About Work, Workers, and Workplaces,” the essay emphasizes the public education work I’ve been doing concerning workplace bullying and worker dignity through this blog. The book — Insights on Global Challenges and Opportunities for the Century Ahead — has just been published, and you may access a pdf of the full e-edition here (beware, it’s a huge file), with my piece appearing on page 107.

Happy 100th to Osmania U!

Speaking appearances

I’ll be heading off to participate in two of my favorite conferences this summer:

Work, Stress and Health Conference, Minneapolis, MN (June)

The biennial Work, Stress and Health Conference is co-hosted by the American Psychological Association, the National Institute for Occupational Safety and Health, and the Society for Occupational Health Psychology. I’ll be participating on two panels this year:

  • A panel titled “Trauma-Informed Best Practices for Responding to Workplace Bullying and Mobbing,” with Drs. Gary Namie and Maureen Duffy, during which I’ll be discussing how research insights on psychological trauma can inform employment lawyers and other legal stakeholders; and,
  • A panel titled “Non-standard work arrangements: A discussion of taxonomy and research priorities,” organized by researchers at the National Institute for Occupational Safety and Health, during which I’ll be discussing legal and policy issues covering workplace safety and health for independent contractors and other “gig economy” workers.

If you’d like a sense of why I value this conference so much, two years ago, Psychology Benefits Society, the blog of the APA’s Public Interest Directorate, shared my write-up on the 2015 gathering, “Conferences as Community Builders.”

International Congress on Law and Mental Health, Prague, Czech Republic (July)

The biennial International Congress on Law and Mental Health is sponsored by the International Academy for Law and Mental Health. I’ll be part of two panels this year:

  • A panel announcing and discussing the launch of the International Society for Therapeutic Jurisprudence, a new, non-profit learned society dedicated to supporting therapeutic jurisprudence, the school of legal philosophy and practice that examines the therapeutic and anti-therapeutic properties of law and public policy, legal systems, and legal institutions; and,
  • A panel titled “Therapeutic Jurisprudence in Higher Education,” during which I’ll be presenting a short paper on”Addressing Workplace Bullying, Mobbing, and Incivility in Higher Education: The Roles of Law, Cultures, Codes and Coaching.”

As the panel topics suggest, this conference is a wonderful opportunity to reconnect with friends and colleagues from the therapeutic jurisprudence community. I did a write-up on the 2015 conference in Vienna, Austria here, as well as a little travelogue summary posted to my personal blog here.

Wallet Hub feature on securing entry-level jobs

If you have kids who are in college or otherwise preparing to enter the workforce, or if you’re planning a return to the workforce yourself, you may find helpful this extensive WalletHub.com piece on securing entry-level jobs. I was among those interviewed for an “Ask the Experts” advice section on screening and evaluating entry-level job opportunities.

Notable books

I like to feature interesting books in this blog, but I’ve been negligent about tagging relevant posts in the “notable books” category. To remedy that, I spent a chunk of time going back to previous posts that discuss important books and adding the tag. You can scroll through those posts here.

Time wasters from top management

(image courtesy of clipart-library.com)

Consultant Eric Garton, writing for the Harvard Business Review, posits that various time killing practices imposed from on high undermine employee morale and productivity:

Unproductive routines, corporate bureaucracy, and “administrivia” kill ambition and sap energy for far too many employees. That’s demoralizing for employees, and a waste for companies, which badly need the full energy and commitment of all their workers.

These “practices, procedures, and structures” include “too much process, too many meetings, meaningless goals, and time wasted on work that no one will ever care about.”

Garton may be writing with mostly the corporate sector in mind, but I can readily attest that these same energy-sapping practices are rife in certain academic institutions as well. They appear in the forms of excessive committees, task forces, working groups, and — worst of all — strategic planning initiatives, replete with seemingly endless meetings and online surveys about this and that. Colleges and universities that lard up on administrators and consultants are the worst of all when it comes to this.

In looking for solutions, Garton offers what he calls his “3 R’s”:

  • refocus on strategic priorities
  • reset the budgets
  • redesign the operating model

Hmm, I have to say that the “3 R’s” sound a lot like consultant jargon replacing corporate jargon. Instead, I’d suggest creating workplace cultures in which people are valued, empowered, and treated with fairness and dignity. If you start with that and go from there, then you’re on your way toward building an organization with high morale and productivity. Plug that agenda into your “strategic priorities,” budgets, and “operating model” if you must (and I hope you don’t), but keep your focus on what truly fosters healthy and productive workplaces.

Spring break in Boston

Back Bay neighborhood, Boston

At my university we’re observing that annual academic ritual known as spring break, but Mother Nature has decided not to cooperate with the “spring” part here in Boston and along the east coast. We’re experiencing a major winter storm, and the snow is coming down heavy and wet as I write. It looks like we’ll be dealing with quite an accumulation before it’s over.

I had planned to go into my office today to get some work done, but I’ve decided it will be just as easy to work on stuff at home. Today’s (and perhaps tomorrow’s) tasks are to write a foreword for a colleague’s forthcoming book and a project report. While I might have fewer distractions in the office, I like the idea of being hunkered down at home as the snow continues to fall.

Jamaica Plain neighborhood, Boston

With no classes this week because of the break, I don’t have to worry about rescheduling snowed-out class sessions. Instead, I can once again appreciate the convenience and flexibility of being able to work from virtually any location where I can turn on my computer and access the Internet.

I count myself especially fortunate to be back home today, as this appeared to be a questionable proposition during a weekend visit with friends in northern Virginia, right outside of Washington D.C. As the winter storm forecast became more dire, my prospects for flying out of Dulles airport last night started to look a tad iffy. As luck would have it, I was on one of the last flights to land at Boston’s Logan airport, per the JetBlue arrivals board below.

Monday night JetBlue arrivals board, Logan Airport, Boston

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