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Western Carolina University
Policy #63
Violence In The Workplace
I. PURPOSE
Western Carolina University (WCU) seeks to provide a safe and
secure work environment. Violence, threats, intimidation and possession
of unauthorized weapons are inconsistent with this objective.
It is the policy of WCU to promote civility in the university
environment and to prohibit violence in the workplace.
As defined below, it is a violation of this policy for any person
to use or possess an unauthorized weapon on campus or to engage
in workplace violence.
II. DEFINITIONS
Workplace Violence includes, but is not limited to, intimidation,
threats, physical attack, and property damage. The act in question
may rise to the level of a felony, misdemeanor, or infraction,
but it need not be a violation of the law to be subject to this
policy.
A threat expresses intent to cause physical or mental harm. Such
expression constitutes a threat, regardless of the communicating
party's present ability to act and regardless to whether the expression
is contingent, conditional, or future.
Physical Attack or hostile physical contact such as hitting, fighting,
pushing, shoving, throwing objects, pointing or brandishing weapons,
will not be tolerated.
Property Damage is intentional damage to property; including property
owned by the State, employees, students, visitors or vendors.
Intimidation includes, but is not limited to, stalking or engaging
in actions intended to frighten, coerce, or induce duress.
III. WEAPONS
North Carolina law prohibits the possession of weapons on property
owned by or under the control of an educational institution. The
law defines a weapon as a firearm, dynamite cartridge, bomb, grenade,
mine, or other powerful explosive, BB gun, air rifle or air pistol,
bowie knife, dirk, dagger, slingshot, leaded cane, switchblade
knife, blackjack, metallic knuckles, razor or razor blades (except
for personal shaving) or similar object not used as a tool of
the employee's work.
The law does not apply to armed forces personnel, officers and
soldiers of the state militia and National Guard, and law enforcement
personnel employed by the institution or acting in the discharge
of their official duties.
The law does not apply to weapons used solely for educational
purposes or WCU-sanctioned ceremonial purposes. Individuals who
wish to bring a weapon to campus for educational purposes must
have a Faculty member certify, in writing, that the weapon will
be used for educational purposes. The written certification, signed
by the faculty member, must be filed with the University Police
before the weapon is brought onto WCU property.
IV. SCOPE
This policy applies to WCU's campus and all WCU work sites located
off the main campus.
V. THE WORKPLACE VIOLENCE MANAGEMENT TEAM
The University maintains a workplace violence prevention program
available to all members of the academic community, including:
faculty, staff, and students. The educational activities of the
program are created and delivered by the Workplace Violence Management
Team. The Team consists of the Director of Human Resources, the
Health and Safety Officer, the Director of Counseling and Psychological
Services, and the Director of University Police. The Director
of University Police is designated the team leader and crisis
management coordinator. The team shall develop and coordinate
on-going programs designed to:
A. Educate the campus community about workplace violence issues;
B. Provide information about the University's workplace violence
policy and procedures, laws pertaining to workplace violence,
and possible consequences of violations of laws and/or University
policy.
C. Provide and facilitate victims, as-well-as offenders, with
information and use of available support resources such as, Investigative
and Personnel Services and Counseling and Rehabilitation Services.
D. Advocate a campus climate that promotes civility and respect
for others. In addition to its educational function, when incidents
of workplace violence occur, the Workplace Violence Management
Team will receive reports, review the incident, and coordinate
efforts to provide procedural expertise, investigative assistance,
emotional support, and post-event trauma counseling by service
providers, both on and off campus.
VI. REPORTING INCIDENTS OF WORKPLACE VIOLENCE
All incidents of workplace violence, which constitute violations
of the law, shall be reported to the Office of University Police
without delay. In addition, the State Personnel Act requires that
all incidents of workplace violence, whether or not a violation
of law, be reported and documented within one business day of
occurrence, as follows: Students should report incidents of violence
to the Office of University Police and/or Student Affairs staff;
Staff and Faculty employees including students who are working
as employees should report incidents of workplace violence to
the Office of University Police and to their immediate supervisor;
if the immediate supervisor is the alleged perpetrator, the incident
should be reported to the next higher level of supervision.
The State Personnel Act requires that every State agency maintain
records and supply data on incidents of workplace violence to
the Office of State Personnel. Therefore, when an incident of
workplace violence is reported pursuant to the preceding paragraph,
the University official receiving the report must prepare a workplace
violence incident report.
Workplace violence report forms are available in the Office of
Human Resources, the Office of University Police, and the Office
of Student Affairs.
The completed reports on incidents involving employees, whether
EPA or SPA, will be forwarded to the Office of Human Resources.
Reports on incidents, which involve students, will be forwarded
to the Office of Student Affairs.
In cases where a student and an employee are involved, the report
will be filed in both Human Resources and Student Affairs. The
Office of Human Resources will coordinate submission of all workplace
violence reports to the Office of State Personnel. The Office
of Human Resources will fulfill statistical reporting responsibilities
identified by the Office of State Personnel.
VII. POTENTIALLY VIOLENT SITUATIONS OR UNSAFE CONDITIONS
Employees who feel threatened on campus by other employees, clients,
spouses, family members, acquaintances, or strangers are encouraged
to report these situations to supervisors and to the University
Police officers; Students should consult University Police and/or
Student Affairs staff. Employees who have specific knowledge of
potentially violent situations are encouraged to bring such situations
to the attention of their supervisors and members of the Workplace
Violence Management Team.
The University desires to correct physical conditions, which may
increase the risk of accidental injury, physical assault, robbery,
or other crimes. Students and employees should assist in this
effort by reporting areas where lights are out of service, doors
are unsecured, locks are not functioning properly, or suspicious
persons or circumstances are present. These conditions should
be reported to the Facilities Management or University Police.
VIII. INVESTIGATIONS
When on campus violations of this policy also constitute violations
of criminal laws, the Office of University Police will take the
lead role in coordinating and conducting investigations and preparing
cases for prosecution, when judged appropriate by the local District
Attorney and/or University officials. The Office of University
Police may share information gained during the investigation with
unit supervisors.
Criminal violations occurring at workstations, away from the Cullowhee
campus, should also be reported to the local law enforcement agency
with primary jurisdiction over the work site. In these situations,
the Office of University Police will provide assistance, liaison
with the local law enforcement agency conducting the investigation,
and may assist the unit supervisor in acquiring necessary investigative
information from the other agency, to formulate and implement
personnel decisions.
When violations of this policy do not constitute violations of
the law, the matter must be reported to the Workplace Violence
Management Team. However, it may be investigated within the work
unit or by Student Affairs staff. The Office of University Police
and the Office of Human Resources will provide consultation and
assistance as is needed and appropriate.
A pending criminal investigation should not delay student disciplinary
action, personnel actions initiated within the work unit, or review
of the incident by the Workplace Violence Management Team.
IX. DISCIPLINARY PROCEDURES
Violations of this policy by a student are considered "prohibited
behavior" as defined by the WCU Code of Student Conduct and
shall subject the offending student to disciplinary action up
to and including expulsion. The Office of Student Affairs administers
university disciplinary action for offending students.
In cases where the accused party is an employee, disciplinary
action shall be administered within the established disciplinary
channels of the University*. Violations shall subject the employee
to appropriate disciplinary action up to and including dismissal.
X. FINAL RESOLUTION
No incident of workplace violence shall be resolved until the
Workplace Violence Management Team has reviewed the reports. After
review, the Team may recommend specific action to the Vice Chancellor
of the unit, in which the incident occurred.
XI. RETALIATION
All members of the campus community who act in good faith by reporting
real or implied violent behavior or violations of this policy
will not be retaliated against or subjected to harassment by other
University employees or officials.
XII. RESOURCE DIRECTORY
Emergency (on and off campus): 911
Medical Treatment
Graham Health Services: 227-7640
Police Assistance
University Police: 227-7301
Policy Information or Reporting for Students
Student Affairs: 227-7234
Residential Life: 227-7303
Policy Information or Reporting for Staff/Faculty
Human Resources: 227-7218
Health and Safety: 227-7442
Emotional Support
WCU Counseling and Psychological Services: 227-7469
Smoky Mountain Counseling Center: 293-9281
State Employees' Assistance Program: 828-274-9252 or 1-800-543-7327
*Violations of this policy by an SPA employee are considered to
be incidents of "unacceptable personal conduct" under
the SPA disciplinary policy.
Formerly Executive Memorandum 96-121
Initially Approved: November 21, 1996
Revised: November 13, 2003
Administering Office: University Police
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