Workplace Violence Regulation 706
|Regulation 706||Approved: February 17, 2011|
|UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Workplace Violence Regulation 706
|Source of Authority:||OSP Manual § 8, pp. 30-34;
N.C.G.S. § 116-34(a);
UNC Code § 502(A)
|History:||First Issued: February 17, 2011|
|Related Policies & Regulations:||Weapons on Campus or Other Educational Property, N.C.G.S. § 14-269.2;
Workplace Violence Policy, OSP Manual § 8, pp. 30-34;
Code of Conduct & Discipline Regulation 802;
Employee Assistance Program Regulation 607;
Prohibited Harassment and Title IX Regulation 121;
Threat Assessment Regulation 704;
Weapons Policy Regulation 705
|Responsible Offices:||Human Resources Department
Department of Police & Public Safety
|Effective Date:||February 17, 2011|
Violence of any sort is contrary to UNCSA’s purpose of providing quality education and a safe working environment. This regulation is established as an anti-violence and violence-prevention policy.
This regulation, applies to all UNCSA employees, including those that are temporary or contract. Additionally, any potentially threatening situation against a UNCSA employee by a non-employee is to be reported.
A. “Intimidation” means, but is not limited to, stalking or engaging in actions intended to frighten, coerce, or induce duress.
B. “Physical Attack” means unwanted or hostile physical contact such as, but not limited to, hitting, fighting, pushing, shoving or throwing objects.
C. “Property Damage” means the intentional or reckless damage to property which includes property owned by the State, employees, visitors or vendors.
D. “Threat” means the expression of the intent to cause physical 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.
E. “Workplace Violence” means, but is not limited to, intimidation, threats, physical attack or property damage.
A. Violence and threats of violence are strictly prohibited on any property owned, used, or operated by UNCSA or at any UNCSA sponsored event.
B. Reporting Threats
1. Employees should report any incident of workplace violence or any threat of workplace violence to their supervisor, department head, Human Resources Director, Provost/Vice Chancellor for Finance and Administration, or Campus Police. The information will be passed on to Campus Police for investigation.
2. Any report of violence must be handled in a confidential manner, with information released only on a need-to-know basis.
C. Incident Reports
1. Incidents of violence or potential violence are to be reported on the Workplace Violence Incident Report.
2. The Chairman of the Crisis Management Team shall provide a report to the Office of State Personnel’s Coordinator for Workplace Violence whenever there is an incident of violence in the workplace, with a copy to the UNCSA Chancellor and Provost/Vice Chancellor for Finance and Administration.
3. The Chairman of the Crisis Management Team shall maintain the original of each report.
D. All employees are required to sign the Employee Certification Form upon completion of the Violence in the Workplace Program.
E. Permanent remedial options will not be implemented without first determining compliance with the Americans with Disabilities Act, Affirmative Action Plan, Family and Medical Leave Act and any other regulatory standards. However, this does not preclude the School from implementing temporary, immediate emergency options, such as employee removal from the School grounds or emergency suspension, etc.
V. Revision History
A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Workplace Violence Procedures
I. Early Warning Signs of Workplace Violence
A. Sudden personality changes
B. Job performance suddenly becomes more erratic
C. Employee makes open comments about being treated poorly, wanting to strike back
D. Behavior which suddenly becomes more aggressive such as bullying, intimidating behavior toward supervisors, subordinates or fellow workers
E. Showing off, commenting or actually brandishing a weapon
F. Bizarre thoughts spoken aloud, often stemming from a sense that he/she should have been promoted, transferred or is entitled to other advancement
G. Obsessions, such as harboring a grudge against a co-worker or supervisor, or from frustrated romantic interests
H. Employee is involved in frequent disputes with subordinates, co-workers, or supervisors
I. Employee routinely violates UNCSA policy and/or regulation.
II. Remedial Options Regarding Threats of Violence
A. In the investigation of a complaint, the Crisis Management Team will determine how it can monitor and control the situation.
B. Possible Remedial Option
1. Take no action
2. Take usual and customary disciplinary procedures;
3. Give individual opportunity to resign without prejudice;
4. Recommend voluntary counseling;
5. Refer to Employee Assistance Program;
6. Refer for formal fitness-for-duty evaluation;
7. Place individual on medical leave and reevaluate situation after treatment;
8. Issue temporary or permanent restraining order;
9. Notify law enforcement agencies and/or charge subject with misdemeanor or felony;
10. Notify targets of threat(s) to protect themselves; AND
11. Provide security for specific individuals on worksite or during interviews.
C. The Chairman of the Crisis Management Team will provide a written recommendation on action to be taken to division management to include the Vice Chancellors and other members of management in the division who are affected by a threat of violence.
III. Reporting & Investigatory Procedures
A. Incidents of workplace violence or any threat of workplace violence shall be referred to the Campus Police Chief, and appropriate management personnel for investigation purposes.
B. The Campus Police Chief, or his deputy in his absence, shall investigate using normal and standard procedure within the School’s and Campus Police Department’s guidelines.
C. The School’s workplace violence committee, and other School personnel will be involved as needed and indicated.
IV. Grievance Rights
A. If adverse disciplinary action is taken against an SHRA career employee for exhibiting violent activities, the employee will be given an opportunity to defend himself/herself in accordance with the State of North Carolina Disciplinary Action, Suspension and Dismissal Policy. EHRA non-faculty employees will be covered by the North Carolina School of the Arts Personnel Policies for EHRA Non-Faculty Employees. Faculty will be covered by the North Carolina School of the Arts Personnel Policies for Faculty Employees.
B. The accused employee has the right to know the nature of the complaint and confront his or her accuser, particularly when there are no witnesses to verify the allegations of the complaining party.
C. In protecting the rights of the accused employee, the Chancellor, designee, or Crisis Management Team must limit disclosure of the threat and identity of perpetrators to involved supervisory personnel and the parties to whom the threats were specifically directed. However, if the threat of harassment is generalized or directed at the entire workplace, the goal of protecting the reputation and confidentiality rights of the perpetrator will be forfeited.
V. Employee Training
A. It shall be the joint responsibility of the Crisis Management Team to present a training program concerning the Workplace Violence prevention program at the University of North Carolina School of the Arts.
B. This training program will be made available to all employees at the School, with a separate, required presentation for all supervisors.
C. Separate training sessions for employees and supervisors will be presented on an annual basis.
VI. Employee Assistance Program. Employee Assistance coordinators from the State EAP program shall be available to provide assistance at any time requested by the Crisis Management Team. Their services shall include but not be limited to: referrals, evaluations, counseling, and training of employees and supervisors.