Workplace Violence Prevention

1. Introduction

• 1.1 East Carolina University (ECU) is committed to providing a safe and secure workplace that is free from Workplace Violence.
• 1.2 This policy prohibits all forms of workplace violence at East Carolina University. Types of workplace violence that are prohibited include, but are not limited to, intimidation, threats, bullying, stalking, domestic violence, physical attack, or property damage, by or against employees.
• 1.3 The ECU Workplace Violence Prevention Program should be referenced for supplemental information.

2. Scope

• 2.1 This policy applies to all ECU employees while on University property, while conducting University business at any location, or while engaging in University-sponsored programs or activities. This policy applies to the personal conduct of an employee while functioning in the course and scope of employment on or off-campus and to any off-duty violent behavior that may adversely impact the employee’s ability to perform their duties and responsibilities.
• 2.2 Nothing in this program is intended to restrict any rights that would otherwise be protected from government action by the First Amendment of the United States Constitution.

3. Definitions

• 3.1 Active Assailant is an individual actively engaged in attempting to physically harm persons in a confined area via the use of any weapon.
• 3.2 Bullying is 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 is the intentional use of technology to 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 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, divorced, separated, living, or lived together, or currently or previously dated or had an amorous relationship.
• 3.5 Emergency Action Plan is a customized, detailed plan for response to various emergency situations arising due to natural or man-made causes.
• 3.6 Intimidation is engaging in actions, including through electronic means, that include but are not limited to behavior intended to frighten, coerce, or induce duress.
• 3.7 Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.
• 3.8 Property Damage is intentional damage to property and includes property owned by the State, employees, visitors, or vendors.
• 3.9 Reasonable Suspicion is 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.
• 3.10 Stalking is engaging in a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others; or (b) suffer distress. Stalking may include electronic communications (such as emails, text messages, or social media messages), following an individual, or spying on an individual.
• 3.11 Threat is any communication or action, whether verbal or non-verbal, including action that is the subject of criminal charges, whether occurring on-campus or off-campus, that indicates that an individual may pose a danger to the safety or well-being of any member of the University community, including the individual engaging in the behavior, through acts of violence or other behaviors that may reasonably cause fear of or harm to persons or property or substantially interfere with or disrupt the educational mission of the University. These behaviors may be expressed or communicated orally, visually, in writing, electronically, or through any other means and may be considered threatening regardless of whether a direct threat is expressed or was received by the intended audience or believed by the intended audience.
• 3.12 Weapon is 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; any other device used for the infliction of or threat of bodily injury, damage to property, or death; and any item mentioned in N.C. Gen Stat. § 14-269.2.
• 3.13 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.

4. Prohibited Conduct and Sanctions

• 4.1 It is a violation of this policy to engage in workplace violence as defined in this policy and the ECU Workplace Violence and Abuse Prevention Program.
• 4.2 It is a violation of this policy to use, possess, or threaten to use an unauthorized weapon. Weapons are prohibited on ECU property, except for the use by authorized law enforcement personnel or as allowed by University regulation, ECU REG 05.20.07 —University Regulation Concerning Weapons on Campus, or as otherwise allowed by law.
• 4.3 If a violation of this policy to misuse or abuse authority vested to any employee in such a way that violates this policy.
• 4.4 A violation of this policy shall be considered unacceptable personal conduct as provided in accordance with applicable policies and may be grounds for disciplinary action up to and including dismissal or discharge for cause. Violations may also be subject to criminal charges.
• 4.5 Any person who violates this regulation may be subject to a trespass order from ECU property and/or to being prosecuted for any violation of applicable state or federal law.
• 4.6 An act of off-duty violent conduct may also be grounds for disciplinary action, up to and including dismissal or discharge for cause. In these situations, ECU 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 the University employee’s ability to perform the assigned duties and responsibilities.

5. Reporting Workplace Violence

• 5.1 Employees must immediately report Workplace Violence to their supervisor, department administrator, or the Department for People Operations, Success, and Opportunity (POSO).
• Faculty and Staff who may have a duty of confidentiality, such as licensed mental health practitioners, but are not working in that capacity in the course and scope of their employment with ECU, must adhere to the Workplace Violence Prevention reporting guidelines.
• 5.2 The supervisor, administrator, or will notify POSO Engagement and Development upon receipt of a report of Workplace Violence. Each report will be promptly reviewed and assessed. All reports will be handled as confidentially as possible, with information released only on a need-to-know basis as necessary for disciplinary or law enforcement investigations or to protect or promote the health and safety of individuals or as otherwise required by law. The University may provide guidance and resources regarding safety planning to anyone who reports a potential violation of this regulation or otherwise raises concerns about a threat or act of Workplace Violence.
• 5.3 If such a situation is an imminent threat to safety and security it should be reported immediately to the ECU Police Department by calling 911.
• 5.4 Any situation of concern not deemed to be imminently dangerous, yet still of concern, should be reported through the online reporting form located at https://cm.maxient.com/reportingform.php?EastCarolinaUniv&layout_id=108.
• 5.5 Any employee having an active restraining or protective order that covers the workplace, including campus property, shall notify and provide a copy of such order to ECU Police Department.

6. Responsibilities

• 6.1 The Violence Prevention and Threat Management unit is responsible for managing the overall implementation of the Workplace Violence Prevention program. The Director of Threat Assessment and Case Management and staff will coordinate the University Behavioral Concerns Team (UBCT) and consult with ECU Police and others as needed to assess and manage threats to the campus community.
• 6.2 The University Behavioral Concerns Team (UBCT) will review reported Workplace Violence incidents not deemed to be imminently dangerous and convene as needed to develop recommendations for response.
• 6.3 The ECU Police will respond to imminent threats to safety and security and will initiate appropriate response action or investigation as determined by the situation. They will also provide consultative services for development of emergency action plan content related to Workplace Violence/active threat response.
• 6.4 POSO will provide educational and training opportunities for employees. POSO will also coordinate enforcement of the University’s discipline policies and facilitate support for victims of workplace violence and ensure all appropriate consultative resources are available, including but not limited to, the Faculty and Staff Assistance Program (FASAP).
• 6.5 Department managers and supervisors are responsible for recognizing the potential for violence, responding appropriately to Workplace Violence incidents, and notification of the appropriate University point of contact for response to Workplace Violence incidents.

7. Training and Education

• 7.1 All employees are required to complete Workplace Violence/active threat training upon initial hire and annually each Fiscal Year thereafter.
• 7.2 Training will be provided online through the University’s learning management system.
• 7.3 In-person training will be provided by the ECU Police as determined by risk assessment and as requested.

8. Investigatory Placement/Interim Measures

It may be necessary during an investigation of a potential violation of this policy to remove an employee from campus until the investigation is concluded.

• 8.1 Employees may be placed on investigatory leave with pay/administrative leave with pay or may be subjected to other interim measures of a non-disciplinary nature (i.e. reassignment) until the investigation is concluded. In addition, an employee may be required to undergo an assessment to determine any risk of violence in the workplace. The assessment may include an interview or meeting with the Director of Threat Assessment and Case Management (the Director) or assigned case manager; in some cases, employees may be referred to the FASAP or other appropriate resources.
• 8.2 In some situations, employees under investigation for engaging in Workplace Violence may be trespassed from the campus or other University owned or leased property.

9. Non-Retaliation

Retaliation against an employee who, in good faith, reports a violation of this Regulation is prohibited. Every effort will be made to protect the safety of anyone who comes forward with concerns about a threat or act of violence.

10. Victim Protections and Support

• 10.1 ECU will endeavor to protect victims of Workplace Violence by offering reasonable and appropriate security measures. When possible and appropriate, the University may also make accommodations or adjustments to a victim’s work schedule, location or conditions to enhance safety. Additional support may include steps such as referring victims to the FASAP and allowing for flexibility to attend medical, court or counseling appointments relating to situations covered by this Regulation.
• 10.2 POSO may provide or coordinate critical incident stress debriefings, generally facilitated through a FASAP counselor, for employees who have been affected by a Workplace Violence or other traumatic event.

11. Workplace Violence Records

Once an incident has been reported, the POSO representative or UBCT member receiving the initial report (ECU PD, POSO, Violence Prevention and Threat Management) will complete and submit a “Report a Person of Concern” form unless the concerned party has already done so in the University-approved case management system and coordinate (as needed) next steps for the internal review of the incident, including whether any interim measures are needed, as well as subsequent review for any appropriate disciplinary action. Violence Prevention and Threat Management will coordinate with POSO to ensure a record is maintained of all reported workplace violence incidents in accordance with the UNC General Records Retention and Disposition Schedule and will forward all reports of sex-based harassment and/or violence to EOTIX and the Clery Coordinator for resolution.

Violence Prevention and Threat Management should ensure the incident is documented as soon as possible but no later than 15 calendar days after the alleged incident. Additional documentation may be necessary if there is a worker’s compensation claim, OSHA recordable injury, or the incident qualifies as workplace harassment. A report of Workplace Violence is not equivalent to a formal grievance as defined by N.C.G.S. § 126-34.01.

The information included on the report will be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings.

The report shall include the following information when available:

• Date/time/location of the incident.
• The workplace violence type or types involved in the incident.
• A detailed description of the incident.
• Classification of the perpetrator (e.g., client, customer, friend, coworker, etc.).
• Classification of circumstances at the time of incident (e.g., working regular job duties, rushed, working during low staffing, isolated/alone, working in unfamiliar or new location, poorly lit area, etc.).
• Classification of the location where the incident occurred.
• Whether security or law enforcement was contacted.
• Actions taken by the employer to protect the employee or other hazards identified because of the incident.
• Information about the person completing the log, including name, job title, and date completed.
• The type of incident

If an incident on University property involved or impacted employees of a University contractor or auxiliary, the employer or employers whose employees experienced the Workplace Violence incident shall record the information in a incident log pursuant to their workplace policies and shall also provide a copy of that log to ECU UBCT as soon as practicable.