Subject
VIOLENCE IN THE WORKPLACE
Section
HR
Part
Policy
Statement 27
Effective Date 3/21/01
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to Policies & Procedures
PURPOSE
Violence of any sort in contrary to Fayetteville State
University's primary objective to provide high quality education.
Violence, threats, intimidation and possession of unauthorized weapon are inconsistent
with this objective. This policy on violence in the workplace is
established as anti-violence and violence prevention policy designed to promote
civility in the University environment and prohibit violence in the workplace.
It is a violation of this policy for any person to engage in
workplace violence as defined below, or to use or possess and unauthorized
weapon on campus.
DEFINITIONS
Workplace Violence includes, but is not limited
to, intimidation, threats, physical attack, domestic violence or property damage
and included acts of violence committed by State employees, clients, customers,
relatives, acquaintances or strangers against State employees in the
workplace. 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 an intent to cause physical or mental harm. Such expression
constitutes a threat without regard to whether the party communicating the
threat has the present ability to carry out it out and without regard to whether
the expression is contingent, conditional, or future. Physical
Attack is unwanted or hostile physical contact such as hitting, fighting, pushing,
shoving, throwing objects, and pointing or brandishing weapons. Domestic
Violence is 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, live together or
date or who have been married, lived together or dated. Property
Damage is intentional damage to property which includes property owned
by the State, employees, visitors, or vendors. Intimidation
includes, but is not limited to, stalking or engaging in actions intended to
frighten, coerce or induce duress.
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, and or other powerful explosive, BB gun, air rifle or air pistol,
bowie knife, dirk, dagger, slingshot, leaded cane, switchblade, blackjack,
metallic knuckles, razor or razor blades (except for personal shaving) or similar
objects not used as a tool of the employee's work.
The law does not apply to law enforcement personnel employed
by the institution or acting in the discharge or their official duties.
Incidents of the use of excessive force are covered under Public Safety
Department Policy.
APPLICABILITY
This policy applies to the FSU campus and all FSU worksites
located away from the main campus. It is applicable to all EPA, SPA
full-time and part-time employees with either a permanent, probationary,
trainee, time-limited or temporary appointment. All visitors will be
expected to maintain behavior that is pleasant and conducive to
productivity. Any SPA employee who engages in workplace violence as
previously defined is subject to the Disciplinary Action, Suspension and
Dismissal Policy of the State of North Carolina. EPA employees are
considered "at will" and as such may be discharged for
participating in any acts of workplace violence.
REPORTING INCIDENTS OF WORKPLACE VIOLENCE
All incidents of workplace violence which constitutes violations
of the law shall be reported to the Office of Public Safety 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.
Employees, including students who are working as employees,
should report incidents of workplace violence to the Office of Public Safety 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 further requires that every State
agency maintain records and supply data on incidents of workplace violence to
the Office if State Personnel. Therefore, when an incident of workplace
violence is reported pursuant to the preceding paragraph, the University
official receiving the report (Director of Police and Public Safety) will
prepare a workplace violence incident report.
Workplace violence report forms are available in the Office of
Police and Public Safety.
POTENTIALLY VIOLENT SITUATIONS
Employees who feel threatened on campus by other employees,
clients, spouses, family members, acquaintances, or strangers are encouraged to
report these situations to their supervisors and the Office of Police and Public
Safety.
DISCIPLINARY ACTION
In all workplace violence matters where the accused party is
an employee of the University, disciplinary action shall be administered within
the established disciplinary channels of the University. Violations of
this policy shall subject the offending employee to appropriate disciplinary
action, up to and including dismissal.
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.
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