Workplace Violence: Difference between revisions

From Appalachian State University Policy Manual
(Updates from Wendy Hildebran.)
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Policy 602.32  
Policy 602.32
 
== Introduction ==
== Introduction ==
1.1 Appalachian State University (“the University”) is committed to providing a workplace that is free from violence by establishing preventative measures, by holding perpetrators of violence accountable, and by providing assistance and support to victims. A Threat Assessment Team has been established to assess both immediate and potential threats of violence, including threats that could potentially impact the University workplace. Any form of Workplace Violence as defined in this policy may be cause for disciplinary sanctions, up to and including dismissal.  Violent acts, whether on-duty or off-duty, affect the ability of all employees to perform their jobs.  The University will apply all useful management tools to accomplish the dual purpose of reducing the effects of violence on victims and the University community and holding perpetrators of violence accountable for their actions.  The Office of Human Resources, the Office of the Provost, the Office of Student Employment, the University Police, the Office of the Dean of Students, Counseling for Faculty & Staff, and Counseling & Psychological Services are resources for victims of Workplace Violence.
1.1 Appalachian State University (“the University”) is committed to providing a safe workplace for employees that is free from violence by establishing preventative measures, providing assistance and support to victims, and holding perpetrators of violence accountable.


== Scope ==
== Scope ==
2.1 This policy applies to all University employees regardless of appointment type, including University students who are employees of the University. This policy applies both to employees while they are functioning in the course and scope of their employment, and to employees engaging in off-duty violent conduct that has a potential adverse impact on any University employee’s ability to perform his or her assigned duties and responsibilities.
2.1 This policy applies to all University employees regardless of appointment type (i.e. faculty, staff, student employees, and non-student temporary employees). This policy applies to the conduct of an employee while functioning in the course and scope of employment as well as offduty violent conduct that has a potential adverse impact on a University employee’s ability to perform the assigned duties and responsibilities.
 
2.2 Acts of violence by vendors, contractors, visitors, and other non-University employees have the potential to negatively affect the University workplace. Although such individuals are not subject to sanctions under this policy, they may be referred to their employer and/or to criminal or civil authorities for appropriate action.
 
2.3 The University administrative unit responsible for providing guidance to management for each appointment is listed below:
 
{|border="1"
|-
|Complaint Against
(Employee Appointment)
|Consult with
(Administrative Unit)
|-
|SHRA and EHRA Non-Faculty
|Office of Human Resources
|-
|Temporary Employees
|Office of Human Resources
|-
|Faculty
|Office of the Provost
|-
|Student Employees
|Office of Student Employment and
Office of Student Conduct
|}
 
2.4 The Office of General Counsel is responsible for advising all institutional officials regarding the legal interpretation and application of this policy.
 
== Definitions  ==
 
=== Bullying ===
:Unwanted offensive and malicious behavior (including but not limited to conduct, and written and verbal communication) which undermines an individual or group through persistently negative attacks. There is typically an element of vindictiveness and the behavior is calculated to undermine, patronize, humiliate, intimidate or demean the recipient.
 
=== Domestic Violence ===
:The use of abusive or violent behavior, including threats and intimidation, between family members or between people who have an ongoing or prior intimate or romantic relationship.  Such relationships include, but are not limited to, people who are married, people who live together intimately or date, people who share a child in common, and people who have previously been married, lived together intimately, or dated.
 
=== Intimidation ===
:Any act, by any means that places another person in reasonable fear of harm through the use of threatening words and/or other conduct. Includes, but is not limited to, stalking or other behavior intended to frighten, coerce, or induce stress.
 
=== Physical Attack ===
:Unwanted or hostile physical contact such as hitting, fighting, pushing, using a weapon, shoving or throwing objects.
 
=== Property Damage ===
:Intentional damage to property and includes property owned by University employees, students, visitors, or vendors.
 
=== Stalking ===
:Any behaviors or activities occurring on more than one occasion directed at a specific individual that place or are likely to place a reasonable individual in fear or at risk of physical, mental, or emotional harm for themselves or others. Such behaviors or activities may occur directly, indirectly, or through a third party, and may include, but are not limited to, unwelcome communication of any type (e.g., face-to-face, telephone calls, voice messages, electronic mail, written letters or notes); unwanted gifts; pursuing/following; observing/surveillance; or interference with property.
 
=== Threat ===
:The expression, by any means, of intent to cause physical harm, mental harm, or property damage.  An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.
 
=== University ===
:Appalachian State University.
 
=== Weapon ===
:Any firearm or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened.  For a complete listing see [http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html North Carolina General Statute 14-269.2]
 
=== Workplace Violence ===
:Includes, but is not limited to, bullying, domestic or family violence, intimidation, physical attack, property damage, stalking, or threats, that affect the University workplace.
 
== Policy and Procedure Statements  ==
 
=== Prohibited Actions ===
It is a violation of this policy to:
 
4.1.1 Engage in Workplace Violence as defined in this policy;
 
4.1.2 Fail to investigate a report of a threat of Workplace Violence or an incident of Workplace Violence as defined in this policy;
 
4.1.3 Use, possess, or threaten to use a weapon against a member of the University during a time covered by this policy; and
 
4.1.4 Misuse authority vested in any employee of the University in such a way that it violates this policy.
 
=== Sanctions ===
4.2.1. Violations of this policy shall be considered unacceptable personal conduct and shall result in discipline, up to and including dismissal, as outlined in the Disciplinary Actions, Suspension, and Dismissal Policy and  Faculty Handbook.
 
4.2.2 An act of off-duty violent conduct may also be grounds for disciplinary action, up to and including dismissal.  In these situations, the University must demonstrate that the disciplinary action, sanction, suspension, or dismissal is supported by the existence of a rational relationship between the type of violent conduct committed and the potential adverse impact on an employee’s ability to perform the assigned duties and responsibilities.
 
4.2.3 Student employees who are subject to sanctions under this policy also will be referred to the [http://studentconduct.appstate.edu/ Office of Student Conduct] and may also be subject to discipline pursuant to the Code of Student Conduct.
 
=== Authorized Exceptions to Policy ===
An employee or student may possess a [http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html weapon] (NC General Statutes 14-269.2) in the scope of their employment if possession is:
 
4.3.1 In compliance with North Carolina law;
 
4.3.2 Used by an employee who is a certified Law Enforcement Officer;
 
4.3.3 Required as part of the employee’s or student’s job duties with the State of North Carolina; or
 
4.3.4 Connected with training received by the employee or student in order to perform the responsibilities of their job with the State of North Carolina.


4.3.5 For students involved with University ROTC and who handle weapons, the Commander of the unit will ensure that all State and University policies are followed for appropriate weapon possession and use.
== Definitions ==
'''3.1 Workplace Violence.''' Workplace Violence includes, but is not limited to, intimidation, bullying, cyber-bullying, stalking, threats, physical attacks, domestic violence, or property damage and includes acts of violence committed by State employees, clients, customers, relatives, acquaintances, or strangers against University employees in the workplace.


=== Retaliation and False Reports ===
'''3.2 Bullying:''' unwanted offensive and malicious behavior which undermines an individual or group through persistently negative attacks. There is typically an element of vindictiveness and the behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient. The behavior typically is severe or pervasive and persistent, creating a hostile work environment. Behaviors may be considered discriminatory if they are predicated on the targeted person’s protected class.


4.4.1 Employees or students who act in good faith by reporting real or apparent violent behavior or violations of this policy may not be subjected to harassment or other retaliation.
'''3.3 Cyber-Bullying:''' uses technology to intentionally harm others through hostile behavior, as well as threatening, disrespectful, demeaning, or intimidating messages. This is bullying that occurs via the Internet, cell phones, or other electronic devices (e-mails, IMs, text messages, blogs, pictures, videos, postings on social media, etc.).


4.4.2 Employees (including student employees) who believe they have been retaliated against for having reported a policy violation or who are the subject of harassment may initiate a grievance through the SHRA Grievance and Appeals Policy.  EHRA Non-Faculty employees may initiate a grievance through the EHRA Non-Faculty Grievances Policy.  Faculty members may access grievance rights as outlined in the Faculty Handbook. Students may file through the Office of Equity, Diversity, and Compliance and will follow the policy and procedures of the Harassment and Discrimination Policy.
'''3.4 Domestic Violence:''' the use of abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate relationship. This could include people who are married, divorced, separated, living or lived together, or currently or previously dated.


4.4.3 False or misleading claims of violence that have been filed deliberately with the intention to harass or that are frivolous or an abuse of the violence reporting process shall be considered acts of unacceptable personal conduct and may be subject to disciplinary action or sanctions, up to and including dismissal.
'''3.5 Intimidation:''' engaging in actions that include but are not limited to behavior intended to frighten, coerce, or induce duress.


=== Reporting Responsibilities and Procedures ===
'''3.6 Physical Attack:''' unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.


It is critical to maintaining a safe and effective work environment that all incidents of Workplace Violence are reported and promptly addressed.  All University employees are responsible to be alert to the possibility of violence on the part of employees, former employees, students, customers and strangers, and to immediately report any acts or suspected acts of violence as prescribed below:
'''3.7 Property Damage:''' intentional damage to property and includes property owned by the State, University, employees, visitors, or vendors.


4.5.1 Any time an imminent threat to the safety of any person is perceived, the University Police Department should be called immediately.
'''3.8 Reasonable Suspicion:''' a degree of knowledge enough to induce the belief that the circumstances being presented are more likely to be true than not. Reasonable Suspicion must be based on an articulable, specific and objective basis and may include direct observation and/or information received from a source believed to be reliable.


4.5.2 When a University employee or student experiences or has knowledge of Workplace Violence but does not perceive an imminent threat to the safety of any person, the employee or student should immediately inform the appropriate supervisor or department chair. If a supervisor or department chair is not present, or the reporter of the violence is not comfortable reporting the incident to a supervisor or department chair, the reporter should directly contact the appropriate responsible administrative unit (Human Resources, Office of the Provost, Office of Student Employment, or in cases involving students, the Dean of Students Office).
'''3.9 Stalking:''' involves harassing or pestering an individual, whether in person, in writing, by telephone, or through an electronic format. Stalking also involves following an individual, spying on them, alarming the recipient, or causing them distress, and may involve violence or the fear of violence.


4.5.3 When a supervisor or department chair receives a report of violence, the supervisor or department chair should immediately inform the appropriate administrative unit of the report, for advice and support with the investigation and resolution of the matter.
'''3.10 Threat:''' the expression of intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.


4.5.4 The University Police Department is available to assist in response to Workplace Violence and may be contacted by any University employee or student at any time in the process.  The University Police Department may be contacted by calling 8000 on campus or if an imminent threat is perceived, by calling '''911'''.
'''3.11 Weapon:''' a device, instrument, material or substance used to or capable of causing death, bodily injury, or damage to property. Weapons include but are not limited to: an explosive; a device principally designed, made or adapted for delivering or shooting an explosive, chemical, biological, or radiological weapon; a firearm such as a machine gun, rifle, shotgun, or handgun; a firearm silencer; sharp object such as a knife or other blade; or any other device used for the infliction of or threat of bodily injury, damage to property, or death.


=== Response and Resolution Procedures ===
== Policy and procedure statements ==
'''4.1 Prohibited Actions'''
The following conduct is prohibited:
#Engaging in Workplace Violence as defined herein;
#Using, possessing, or threatening to use an unauthorized weapon during a time covered by this policy;
#Misusing authority vested in any employee of the University as further described herein.


The University takes every report of Workplace Violence seriously, maintains effective processes for the timely investigation and resolution of reports, and provides programs to support the people involved.
'''4.2 Sanctions'''


4.6.1 Upon receipt of a report of Workplace Violence, the responsible administrative unit will assist appropriate departmental leaders in protecting and supporting affected individuals, gathering information necessary to assess the validity of the report, and determine appropriate steps necessary to resolve the case.  
4.2.1. Violations of this policy shall be considered unacceptable personal conduct and may be grounds for disciplinary action, up to and including dismissal pursuant to applicable policies.


4.6.2 If it is determined that a report may involve violence or harassment against someone based on a protected class, the appropriate administrative unit will immediately forward the information to the Office of Equity, Diversity, and Compliance for further investigation.
4.2.2 An act of off-duty violent conduct may also be grounds for disciplinary action, up to and including dismissal. In these situations, the University must demonstrate that the disciplinary action is supported by the existence of a rational nexus between the type of violent conduct committed and the potential adverse impact on a University employee’s ability to perform the assigned duties and responsibilities.


4.6.3 If a report involves a [http://policy.appstate.edu/2015_Campus_Security_and_Fire_Safety_Report Clery Act] reportable crime (see University Policy 301.4 for list of Clery reportable crimes), the appropriate administrative unit or the Office of Equity, Diversity, and Compliance will inform the University Police in a timely manner.
4.2.3 Student employees subject to sanctions under this policy will also be referred to the Office of Student Conduct and may be subject to discipline pursuant to the Code of Student Conduct.


4.6.4 If a report provides any indication of a threat of additional violence, the appropriate administrative unit will immediately consult with the University Threat Assessment Team, which may be activated to conduct an assessment of the potential threat.  The Team is composed of representatives from key University areas and is responsible for receiving threat reports, conducting thorough assessments, determining appropriate responses, tracking and reporting Workplace Violence information, and conducting related training.  Depending upon the severity of the threat, a formal investigation may be required.  University Police will conduct criminal investigations, if necessary.  Threat assessments will consider all details relevant to the threat and will assess the totality of circumstances when determining an appropriate action.
'''4.3 Authorized Exceptions to Policy'''


4.6.5 In response to any report of Workplace Violence, the first concern always is to ensure the safety and support of victims. The University will make efforts to protect victims through appropriate and reasonable security measures, as necessary. Victims may also need special accommodations or adjustments to their work schedules, work locations, or working conditions in order to enhance their safety.  The University will accommodate these requests and needs whenever appropriate and practicable.  The University will work closely with victims to assure that both the needs of the victims and the University are addressed.
An employee or student may possess a [https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html weapon] on the campus of the University only if the possession meets all the following requirements:
#In compliance with North Carolina law (i.e. NCGS § 14-269.2);
#Authorized by the University head, or their designee;
#Used by an employee who is a certified Law Enforcement Officer;
#Required as part of the employee’s or student’s job duties with the University; or
#Connected with training received by the employee or student to perform their job responsibilities with the University.


4.6.6 The University will offer all available reasonable support to victims of Workplace Violence.  This support may include encouragement of the victim to use the services of Counseling for Faculty and Staff, Student Counseling & Psychological Services, or other available employee assistance programs.
4.3.1 If Students are involved with University ROTC and responsible for handling weapons, the Commander of such unit shall ensure that all applicable state and federal laws, regulations, and State/University policies are followed for appropriate weapon possession and use.


4.6.7 In addition, the University will consider whether to grant a victim the use of available paid leave, accumulated paid time off, leave without pay, and/or flexible work scheduling for medical, court, or counseling appointments related to trauma and/or victimization.  Employees may also use Family & Medical leave if eligible.
'''4.4 Retaliation and False Reports'''


4.6.8 The University will also provide appropriate protection and support services to those who report acts of Workplace Violence and those who participate in related investigations.  Retaliation against those who report violence and/or participate in investigations is strictly prohibited by this policy and will not be tolerated.  During the reporting and investigation processes, all reasonable efforts will be made to maintain confidentiality to the extent possible without compromising the effective investigation and resolution of the case.
4.4.1 Any individual who reports behavior that may violate this policy, including concerns about a threat or act of violence, in good faith shall not be subjected to retaliation.


4.6.9 Following the investigation of a report of Workplace Violence, the appropriate administrative unit will make recommendations to departmental leaders regarding the resolution most appropriate to the investigative findings.  The goals of any resolution are to ensure the continued safety of persons involved, promote safe work and learning environments, and support positive and effective working relationships among employees.  Resolutions may include but are not limited to any combination of the following: disciplinary sanctions for perpetrators of violence, up to and including dismissal; recommendations for counseling or other employee assistance services; and/or mediation services to resolve workplace conflicts.
4.4.2 Any employee who believes they have been retaliated against for having reported an alleged policy violation should immediately report such retaliatory behavior to the Office of Access and Equity through their online reporting process.


4.6.10 Under the circumstances defined in the [http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/byarticle/chapter_95/article_23.pdf North Carolina Workplace Violence Prevention Act, NCGS §95-260 et seq.], the University, in its sole discretion, may seek a civil no-contact order on behalf of an employee who has suffered “unlawful conduct” as defined in the Act.  The University must comply with all provisions of that Act, which is available only when the unlawful conduct can reasonably be construed to be carried out, or to have been carried out, in the University workplace.
'''4.5 Reporting Responsibilities'''


=== Notice of Emergency Non-Isolated Violent Acts on Campus ===
4.5.1 All University employees must immediately report any incident or potential incident of Workplace Violence, including new or existing protective orders, to their supervisor or Human Resources as soon as it is safe to do so.


In the event it is determined that an action covered by the Workplace Violence policy is not isolated and could endanger other faculty, staff, and students, the [http://em.emergency.appstate.edu/appstate-alert AppState-Alert System] will be activated with appropriate measures taken to ensure the safety of the campus community.  Emergency procedures are outlined at this website.
4.5.2 If the incident presents a risk to the lives or safety of University employees, volunteers, interns, and visitors or threatens property, the employee should contact the Appalachian Police Department immediately. Employees may contact the Appalachian Police Department by calling 28000 from a campus phone or (828) 262-8000 from any phone.


== Additional References ==
4.5.3 When a University employee experiences or has knowledge of Workplace Violence but does not perceive an imminent threat to the safety of any person, the employee should immediately report to their supervisor and the [https://eo.appstate.edu/ Office of Access & Equity: Equal Opportunity (EQ)].
:[https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=2743 Occupational Safety and Health Act of 1970, Public Law 91-596, 84 STAT. 1590, 91st Congress, S.2193 (Dec. 29, 1070), as amended.] 


:[http://www.gpo.gov/fdsys/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf Violence Against Women Reauthorization Act of 2013, Public Law 113-4, 127 STAT. 54, 113th Congress, S.47 (Mar. 7, 2013) (reauthorizing the Violence Against Women Act of 1994)]
4.5.4 Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence.


:[http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_95/Article_16.html Occupational Safety and Health Act of North Carolina, N.C.G.S. § 95-126 et seq.]
'''4.6 Response'''


:[http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_95/Article_23.html North Carolina Workplace Violence Prevention law, N.C.G.S. § 95-260 et seq.]
4.6.1 The University takes every report of Workplace Violence seriously, maintains effective processes for the timely review and resolution of reports, and provides programs to support the individuals involved.


:[http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050B North Carolina Domestic Violence law, N.C.G.S. § 50B-1 et seq.]
4.6.2 The University’s Office of Access & Equity: Equal Opportunity (“EO”) reviews reports of Workplace Violence and utilizes resolution procedures to address and remedy the alleged prohibited conduct. Resolution procedures shall be governed and administered by EO to ensure fair and equitable resolutions, which shall include due process protections for complainants and respondents. Such applicable procedures shall be made readily available through EO.


:[http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_95/Article_22.html North Carolina Retaliatory Employment Discrimination Act (REDA), N.C.G.S. § 95-240 et seq.]
4.6.3 Ifa report indicates a threat of additional violence, EO will immediately consult with Human Resources and Appalachian Police Department. The University Threat Assessment Team may be activated to assess the potential threat. The team comprises representatives from key University areas and is responsible for receiving threat reports, conducting thorough assessments, and determining appropriate responses.


:[http://em.emergency.appstate.edu/ Appalachian State University Emergency Website]
4.6.4 EO shall conduct an internal investigation as circumstances warrant. Human Resources or Academic Affairs shall determine if disciplinary action is warranted and ensure that any disciplinary action is consistent with applicable employment policies.


:[http://policy.appstate.edu/SPA_Grievance_and_Appeal Appalachian State University SHRA Grievance and Appeals Policy]
4.6.5 Additional documentation may be necessary if there is a workers’ compensation claim, OSHA recordable injury, or the incident qualifies as workplace harassment. All reports regarding incidents in the workplace that result in injury must be reported to Human Resources and EHS&EM through the University’s Initial Notification of Incident form.


:[https://policy.appstate.edu/EHRA_Non-Faculty_Grievances Appalachian State University EHRA Non-Faculty Grievances Policy]
'''4.7 Support and Protections'''


:[http://facultyhandbook.appstate.edu/ Appalachian State University Faculty Handbook]
4.7.1 In response to any report of Workplace Violence, the University will prioritize the safety and support of victims and make efforts to protect victims through appropriate and reasonable security measures, as necessary. Victims may also need individualized adjustments to their work schedules, locations, or working conditions to enhance their safety. The University will accommodate these requests and needs whenever appropriate and possible. The University will work closely with victims to ensure that the needs of the victims and the University are addressed.


:[https://policy.appstate.edu/Discrimination_and_Harassment Appalachian State University Discrimination and Harassment Policy]
4.7.2 The University will offer all available reasonable support to victims of Workplace Violence. This support may include encouragement of the victim to use the services of Counseling for Faculty and Staff, Student Counseling & Psychological Services, or other available Employee Assistance Programs.


:[http://studentconduct.appstate.edu/ Appalachian State University Code of Student Conduct]
4.7.3 The University will also consider whether to grant a victim the use of available annual or personal leave, sick leave, leave without pay, and/or flexible work scheduling for medical, court, or counseling appointments related to trauma and/or victimization. Employees may also apply for Family & Medical Leave, if eligible.


:[http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_14/gs_14-269.2.pdf NC General Statutes 14-269.2 Weapons on Campus]
4.7.4 Under the circumstances defined in the North Carolina Workplace Violence Prevention Act, the University, in its sole discretion, may seek a civil no-contact order on behalf of an employee who has suffered “unlawful conduct” as defined in the Act. The University must comply with all provisions of that Act, which is available only when the unlawful conduct can reasonably be construed to be carried out or to have been carried out, in the University workplace.


:[https://hr.appstate.edu/hr-services/employee-relations/discipline-appeals-and-grievances Appalachian State University Disciplinary Actions, Suspension, and Dismissal Policy]
'''4.8 Notice of Emergency Non-Isolated Violent Acts on Campus'''


:[http://policy.appstate.edu/2012_Campus_Security_and_Fire_Safety_Report Clery Act Reportable Crimes]
If it is determined that an action covered by the Workplace Violence policy is not isolated and could endanger other faculty, staff, and students, the [https://emergency.appstate.edu/appstate-alert AppState-Alert System] will be activated with appropriate measures taken to ensure the safety of the campus community. Emergency procedures are additionally outlined on the App State-Alert System website.


== Authority ==
== Authority ==
:[http://oshr.nc.gov/policies-forms North Carolina Office of Human Resources State Personnel Manual]
:[https://facultyhandbook.appstate.edu/ Appalachian State Faculty Handbook]
:[https://oshr.nc.gov/policies-forms North Carolina Office of Human Resources State Personnel Manual]
:[https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=2743 Occupational Safety and Health Act of 1970, 29 USC 651, et seq.]
:[https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=2743 Occupational Safety and Health Act of 1970, 29 USC 651, et seq.]
:[http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/byarticle/chapter_95/article_23.pdf North Carolina Workplace Violence Prevention Act, NCGS §95-260 et seq]
:[https://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/byarticle/chapter_95/article_23.pdf North Carolina Workplace Violence Prevention Act, NCGS §95-260 et seq]


== Contact Information ==
== Contact Information ==
:Director of Human Resources – 828-262-3187
:[https://titleix.appstate.edu/ Office of Access and Equity] – (828) 262-2144


== Original Effective Date ==
== Issued ==
:April 1, 2014
:April 1, 2014


== Revision Dates ==
== Revised ==
:February 17, 2016
:February 17, 2016
:April 25, 2024

Revision as of 20:46, 29 April 2024

Policy 602.32

Introduction

1.1 Appalachian State University (“the University”) is committed to providing a safe workplace for employees that is free from violence by establishing preventative measures, providing assistance and support to victims, and holding perpetrators of violence accountable.

Scope

2.1 This policy applies to all University employees regardless of appointment type (i.e. faculty, staff, student employees, and non-student temporary employees). This policy applies to the conduct of an employee while functioning in the course and scope of employment as well as offduty violent conduct that has a potential adverse impact on a University employee’s ability to perform the assigned duties and responsibilities.

Definitions

3.1 Workplace Violence. Workplace Violence includes, but is not limited to, intimidation, bullying, cyber-bullying, stalking, threats, physical attacks, domestic violence, or property damage and includes acts of violence committed by State employees, clients, customers, relatives, acquaintances, or strangers against University employees in the workplace.

3.2 Bullying: unwanted offensive and malicious behavior which undermines an individual or group through persistently negative attacks. There is typically an element of vindictiveness and the behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient. The behavior typically is severe or pervasive and persistent, creating a hostile work environment. Behaviors may be considered discriminatory if they are predicated on the targeted person’s protected class.

3.3 Cyber-Bullying: uses technology to intentionally harm others through hostile behavior, as well as threatening, disrespectful, demeaning, or intimidating messages. This is bullying that occurs via the Internet, cell phones, or other electronic devices (e-mails, IMs, text messages, blogs, pictures, videos, postings on social media, etc.).

3.4 Domestic Violence: the use of abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate relationship. This could include people who are married, divorced, separated, living or lived together, or currently or previously dated.

3.5 Intimidation: engaging in actions that include but are not limited to behavior intended to frighten, coerce, or induce duress.

3.6 Physical Attack: unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.

3.7 Property Damage: intentional damage to property and includes property owned by the State, University, employees, visitors, or vendors.

3.8 Reasonable Suspicion: a degree of knowledge enough to induce the belief that the circumstances being presented are more likely to be true than not. Reasonable Suspicion must be based on an articulable, specific and objective basis and may include direct observation and/or information received from a source believed to be reliable.

3.9 Stalking: involves harassing or pestering an individual, whether in person, in writing, by telephone, or through an electronic format. Stalking also involves following an individual, spying on them, alarming the recipient, or causing them distress, and may involve violence or the fear of violence.

3.10 Threat: the expression of intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.

3.11 Weapon: a device, instrument, material or substance used to or capable of causing death, bodily injury, or damage to property. Weapons include but are not limited to: an explosive; a device principally designed, made or adapted for delivering or shooting an explosive, chemical, biological, or radiological weapon; a firearm such as a machine gun, rifle, shotgun, or handgun; a firearm silencer; sharp object such as a knife or other blade; or any other device used for the infliction of or threat of bodily injury, damage to property, or death.

Policy and procedure statements

4.1 Prohibited Actions The following conduct is prohibited:

  1. Engaging in Workplace Violence as defined herein;
  2. Using, possessing, or threatening to use an unauthorized weapon during a time covered by this policy;
  3. Misusing authority vested in any employee of the University as further described herein.

4.2 Sanctions

4.2.1. Violations of this policy shall be considered unacceptable personal conduct and may be grounds for disciplinary action, up to and including dismissal pursuant to applicable policies.

4.2.2 An act of off-duty violent conduct may also be grounds for disciplinary action, up to and including dismissal. In these situations, the University must demonstrate that the disciplinary action is supported by the existence of a rational nexus between the type of violent conduct committed and the potential adverse impact on a University employee’s ability to perform the assigned duties and responsibilities.

4.2.3 Student employees subject to sanctions under this policy will also be referred to the Office of Student Conduct and may be subject to discipline pursuant to the Code of Student Conduct.

4.3 Authorized Exceptions to Policy

An employee or student may possess a weapon on the campus of the University only if the possession meets all the following requirements:

  1. In compliance with North Carolina law (i.e. NCGS § 14-269.2);
  2. Authorized by the University head, or their designee;
  3. Used by an employee who is a certified Law Enforcement Officer;
  4. Required as part of the employee’s or student’s job duties with the University; or
  5. Connected with training received by the employee or student to perform their job responsibilities with the University.

4.3.1 If Students are involved with University ROTC and responsible for handling weapons, the Commander of such unit shall ensure that all applicable state and federal laws, regulations, and State/University policies are followed for appropriate weapon possession and use.

4.4 Retaliation and False Reports

4.4.1 Any individual who reports behavior that may violate this policy, including concerns about a threat or act of violence, in good faith shall not be subjected to retaliation.

4.4.2 Any employee who believes they have been retaliated against for having reported an alleged policy violation should immediately report such retaliatory behavior to the Office of Access and Equity through their online reporting process.

4.5 Reporting Responsibilities

4.5.1 All University employees must immediately report any incident or potential incident of Workplace Violence, including new or existing protective orders, to their supervisor or Human Resources as soon as it is safe to do so.

4.5.2 If the incident presents a risk to the lives or safety of University employees, volunteers, interns, and visitors or threatens property, the employee should contact the Appalachian Police Department immediately. Employees may contact the Appalachian Police Department by calling 28000 from a campus phone or (828) 262-8000 from any phone.

4.5.3 When a University employee experiences or has knowledge of Workplace Violence but does not perceive an imminent threat to the safety of any person, the employee should immediately report to their supervisor and the Office of Access & Equity: Equal Opportunity (EQ).

4.5.4 Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence.

4.6 Response

4.6.1 The University takes every report of Workplace Violence seriously, maintains effective processes for the timely review and resolution of reports, and provides programs to support the individuals involved.

4.6.2 The University’s Office of Access & Equity: Equal Opportunity (“EO”) reviews reports of Workplace Violence and utilizes resolution procedures to address and remedy the alleged prohibited conduct. Resolution procedures shall be governed and administered by EO to ensure fair and equitable resolutions, which shall include due process protections for complainants and respondents. Such applicable procedures shall be made readily available through EO.

4.6.3 Ifa report indicates a threat of additional violence, EO will immediately consult with Human Resources and Appalachian Police Department. The University Threat Assessment Team may be activated to assess the potential threat. The team comprises representatives from key University areas and is responsible for receiving threat reports, conducting thorough assessments, and determining appropriate responses.

4.6.4 EO shall conduct an internal investigation as circumstances warrant. Human Resources or Academic Affairs shall determine if disciplinary action is warranted and ensure that any disciplinary action is consistent with applicable employment policies.

4.6.5 Additional documentation may be necessary if there is a workers’ compensation claim, OSHA recordable injury, or the incident qualifies as workplace harassment. All reports regarding incidents in the workplace that result in injury must be reported to Human Resources and EHS&EM through the University’s Initial Notification of Incident form.

4.7 Support and Protections

4.7.1 In response to any report of Workplace Violence, the University will prioritize the safety and support of victims and make efforts to protect victims through appropriate and reasonable security measures, as necessary. Victims may also need individualized adjustments to their work schedules, locations, or working conditions to enhance their safety. The University will accommodate these requests and needs whenever appropriate and possible. The University will work closely with victims to ensure that the needs of the victims and the University are addressed.

4.7.2 The University will offer all available reasonable support to victims of Workplace Violence. This support may include encouragement of the victim to use the services of Counseling for Faculty and Staff, Student Counseling & Psychological Services, or other available Employee Assistance Programs.

4.7.3 The University will also consider whether to grant a victim the use of available annual or personal leave, sick leave, leave without pay, and/or flexible work scheduling for medical, court, or counseling appointments related to trauma and/or victimization. Employees may also apply for Family & Medical Leave, if eligible.

4.7.4 Under the circumstances defined in the North Carolina Workplace Violence Prevention Act, the University, in its sole discretion, may seek a civil no-contact order on behalf of an employee who has suffered “unlawful conduct” as defined in the Act. The University must comply with all provisions of that Act, which is available only when the unlawful conduct can reasonably be construed to be carried out or to have been carried out, in the University workplace.

4.8 Notice of Emergency Non-Isolated Violent Acts on Campus

If it is determined that an action covered by the Workplace Violence policy is not isolated and could endanger other faculty, staff, and students, the AppState-Alert System will be activated with appropriate measures taken to ensure the safety of the campus community. Emergency procedures are additionally outlined on the App State-Alert System website.

Authority

Appalachian State Faculty Handbook
North Carolina Office of Human Resources State Personnel Manual
Occupational Safety and Health Act of 1970, 29 USC 651, et seq.
North Carolina Workplace Violence Prevention Act, NCGS §95-260 et seq

Contact Information

Office of Access and Equity – (828) 262-2144

Issued

April 1, 2014

Revised

February 17, 2016
April 25, 2024
Retrieved from "https://policy.appstate.edu/index.php?title=Workplace_Violence&oldid=22910"