Workplace Violence Prevention and Response Policy

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PURPOSE

Clinton Community College’s highest priority is the safety and security of its employees, students, visitors, contractors, and members of the neighboring community.  To proactively address the potential for workplace violence, the College developed a Workplace Violence Prevention Program (WVPP) and adopted a “zero tolerance” policy towards any act of, or threats of, workplace violence.

POLICY

Clinton Community College prohibits workplace violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property.  Complaints of workplace violence will be given the serious attention they deserve.  Persons who violate this commitment may be removed from College property and are subject to disciplinary and/or personnel action up to and including termination consistent with College policies, rules and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution.  All disciplinary measures taken against students shall be taken in accordance with the procedures of the campus judicial system.  This policy does not alter any codes of student conduct or procedures of the campus judicial system.  The College’s response may also include removal of third-party vendors/contractors from campus or termination of contracts with such vendors/contractors.

SCOPE

In accordance with NYS Labor Law Section 27-b Clinton Community College and its employees are responsible for complying with this policy and implementing a Workplace Violence Prevention Program to maintain a workplace as safe from violence as possible.  The Workplace Violence Prevention Program is available on the College web site.

DEFINITIONS

“Workplace” means any location away from an employee’s residence, permanent or temporary, where an employee performs any work-related duty in the course of his or her employment.

“Employee” is defined as a person working for an employer (on CCC payroll).

“Workplace violence” refers to a range of inappropriate behaviors, acts or threats of violence made in the workplace, on College property, or while in work status. 

Workplace violence may include, but is not limited to:

  1. The use of force with the intent to cause harm, e.g., physical attacks, any unwanted contact such as hitting, fighting, pushing, or throwing objects;
  2. Acts or threats which are intended to intimidate, threaten, coerce, or cause fear of harm whether directly or indirectly;
  3. Acts or threats made directly or indirectly by oral or written words, gestures or symbols that communicate a direct or indirect threat of physical or mental harm.

REPORTING PROCEDURES

  1. Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence should call Security or 911 immediately. All emergencies and crimes must be reported to Security at (518) 593-0777 or 911.
  2. Any person who is the subject of a suspected violation of the Workplace Violence Prevention and Response Policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to Security.
  3. Employees are expected to report any threat or act of violence that they have witnessed, received, or been informed of, to Security or a supervisor.
  4. Employees who commit a violent act or threaten to commit a violent act may be subject to disciplinary action, criminal prosecution and/or civil prosecution as appropriate. 
  5. Any individual who makes a substantial threat, exhibits threatening behavior or engages in violent acts on College property shall be subject to removal from the premises as quickly as safety permits, pending the outcome of an investigation.

Each person to whom such a report is made shall immediately refer the report to the Office of Human Resources.

The College is committed to quickly dealing with threatening behavior and violence.  Managers and supervisors are specifically empowered by this policy to take immediate action to resolve or stabilize violent situations on campus and to protect people from harm. They will ensure that, when a threat is made or a violent incident occurs, appropriate personnel are immediately notified.

RESPONSIBILITIES

Employees

  1. All employees are responsible for helping to maintain a safe work and educational environment and are urged to take reasonable precautions to prevent violence and other unsafe conditions in the workplace and report indicators of increased risk of violent behavior including but not limited to the following examples:
    1. Precautions:
      1. In response to telephone inquiries, do not release information about coworkers’ schedules, home telephone numbers, or other personal information.
      2. In the event of suspicious conduct, request the credentials of any stranger who enters your office to do repair or other service work. If necessary, verify the work request with the building manager.
      3. Never leave money, credit cards, travel documents or anything else of value in an unlocked desk or cabinet.
      4. If something is stolen, report it immediately to Security.
    2. Indicators*:
      1. Direct or veiled threats of harm;
      2. Intimidating, belligerent, harassing, bullying, or other inappropriate and aggressive behavior;
      3. Numerous conflicts with supervisors and other employees;
      4. Bringing a weapon to the workplace, brandishing a weapon in the workplace, making inappropriate references to guns, or fascination with weapons;
      5. Statements showing fascination with incidents of workplace violence, statements indicating approval of the use of violence to resolve a problem, or statements indicating identification with perpetrators of workplace homicides;
      6. Statements indicating desperation (over family, financial, and other personal problems) to the point of contemplating suicide;
      7. Drug/alcohol abuse; and
      8. Extreme changes in behavior.
  2. Orders of Protection:  Employees are expected to notify Security whenever a protective restraining order is granted which mentions College property, or involves a College employee, or a person working at or attending the College, and provide a copy of the order.  Appropriate efforts will be made to protect the privacy and sensitivity of the information provided.  Employees should also notify their supervisor.
  3. Domestic Violence:  Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, or Security.  Confidentiality will be maintained to the extent possible.
  4. All employees have an obligation to report any incidents of violence and/or inappropriate conduct or behavior to their supervisor or Security immediately. 
  5. Any employee or representative of employees who believes that a serious violation of the Workplace Violence Prevention and Response Policy exists or that an imminent danger exists shall bring such matter to the attention of a supervisor in the form of a written notice. If following written notice, the matter has not been resolved and the employee or representative believes that the violation still exists or that an imminent danger still exists, the employee or representative should contact the Office of Human Resources. 
  6. Individuals found to be in violation of this policy may be removed from the College’s property. Employees may be subject to disciplinary action up to and including dismissal, pursuant to applicable Policies or Collective Bargaining Agreements.  Further, all individuals who violate criminal law may be subject to criminal prosecution.
  7. No employee shall be subjected to criticism, reprisal, retaliation, or disciplinary action from the college for good faith reporting pursuant to this policy.  Employees who engage in violent conduct should be reported to Security at (518) 593-0777 or 911.
  8. Individuals who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, may be subject to disciplinary action and/or referral to appropriate authorities for criminal and/or civil action as appropriate.

* Identified by the FBI’s National Center for the Analysis of Violent Crime, Profiling and Behavioral Assessment Unit) in Dealing with Workplace Violence: A Guide for Agency Planners by the United States Office of Personnel Management, Workforce Relations, February 1998

Supervisors

  1. Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within their area of jurisdiction for the implementation of this policy.
  2. Supervisors are required to contact Security immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
  3. Supervisors must report to Security any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to Security and immediate supervisor, the supervisor should keep it confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings.
  4. Every supervisor is obligated to report any knowledge of such conduct to the Office of Human Resources immediately. Failure of a supervisor to investigate and initiate appropriate action may result in administrative action including possible discipline.

Security

  1. Security is responsible for:
    1. responding to;
    2. intervening; and
    3. documenting all incidents of workplace violence in the workplace reported to it.
  2. Security will immediately log all incidents of workplace violence reported to it and will notify the respective supervisor and the Office of Human Resources of an incident with the employee, or notify the appropriate College official of an incident with a student.
  3. Security officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.
  4. When informed, Security will maintain a record of any Orders of Protection.
  5. Security will provide escort service to members of the college community within its geographical confines when sufficient personnel are available.  Such escort services may be extended at the discretion of the Dean of Student Affairs or designee. 

Office of Human Resources

  1. The Office of Human Resources (HR) is responsible for:
    1. assisting Security and supervisors in responding to workplace violence;
    2. facilitating appropriate responses to reported incidents of workplace violence;
    3. notifying Security of workplace violence incidents reported to HR as appropriate; and,
    4. consulting with the Employee Assistance Services to offer professional intervention.
  2. The Office of Human Resources will maintain an internal tracking system of all threats and incidents of violence reported. Annual reports will be submitted to the President and the Workplace Violence Advisory Team detailing the number and description of workplace violence incidents and the disposition of the incidents.
  3. The Office of Human Resources is responsible for providing new employees with a copy of the Workplace Violence Prevention and Response Policy and insuring that employees receive appropriate training pursuant to NYS Labor Law §27b.
  4. The Office of Human Resources will also be responsible for annually disseminating this policy to all employees, as well as posting the policy throughout the campus and on the College’s Website, as appropriate.

Employee Assistance Services

The College contracts with a third-party vendor to provide confidential and free support services to employees and their immediate families.  Employee Assistance Services (EAS) provide early detection and effective intervention for employees experiencing personal problems that affect their personal lives and/or their job performance. EAS is accessible 24-hours a day, 7 days a week and provides individual appointments in 5 offices throughout Clinton, Essex and Franklin counties, weekdays between 8am and 7pm. Contact EAS by calling (518) 563-8293 or (800) 724-0747.  www.bhsn.org