Indiana University
Threatening
or Violent Behavior in the Workplace
Staff covered by this policy
This policy applies to all Staff at Indiana University.
1.
It is the goal of Indiana University
to promote a safe, respectful, and productive work environment in which to
deliver quality academic programs and administrative services. To this end, the
university will not tolerate, condone or ignore threatening or violent behavior
in the workplace as described in this policy.
2.
Each department head, manager,
supervisor, and employee is responsible for keeping the workplace free of
threatening or violent behavior. This includes threatening or violent behavior
by employees or non-employees (vendors, job applicants, visitors, spouses,
etc.) against self, others, university property, or property on university
premises belonging to others.
3.
This policy covers all university
premises and university-sponsored events as well as off-campus sites should an
incident occur that is shown to have an adverse impact on the university.
B. Existing related law and policy
1.
Federal and state laws as well as
university policy prohibit discrimination as identified in the university's Equal Opportunity/Affirmative
Action policy. Those who believe they are victims of or
have observed such discrimination are strongly urged to contact their campus
affirmative action office.
2.
The university policy: Firearms and
Weapons Prohibitions, prohibits employees from unauthorized
possession of firearms or other items deemed by the campus police department to
be dangerous on university premises or events.
3.
Certain violence-related behavior is
prohibited under criminal or civil law. When appropriate, the university will
refer such cases for criminal or civil prosecution.
1.
Threatening behavior is defined as
an expressed or implied threat to interfere with an individual’s health or
safety, or with the property of the university, or property on university
premises belonging to others, which causes a reasonable apprehension or fear
that such harm or injury is about to occur.
2.
Any employee who engages in
threatening behavior will be subject to serious disciplinary action, which may
include termination of employment. Examples of threatening behavior include,
but are not limited to:
a.
Direct or indirect threats of harm
or injury
b.
Words or gestures which create a
reasonable fear of harm or injury
c.
Prolonged or frequent shouting which
creates a reasonable fear of harm or injury
1.
Violent behavior is defined as the
use of physical force or violence to inflict harm to others, to endanger the
health or safety of another person or the property of the university or
property on university premises belonging to others, or restrict the freedom of
action or movement of another person.
2.
Violent behavior is so serious that
individuals who engage in it can expect termination of their employment.
Examples of violent behavior include, but are not limited to:
a.
Unwelcome physical contact
b.
Slapping, punching, striking,
pushing, or otherwise physically attacking a person
E. Reporting and investigating threatening or violent behavior in the
workplace
1.
Any employee who experiences,
observes, or has knowledge of threatening or violent behavior in the workplace
has a responsibility to report the situation as soon as possible.
a.
In all cases of an actual or
imminent act of violent behavior, call the campus Police Department or the
campus Safety and Security Department.
b.
Report all cases of threatening or
violent behavior to the employee's supervisor or department head and to the
campus human resources department.
2.
The campus human resources
department and the campus police will implement campus specific procedures to
coordinate the investigation of all reports of threatening or violent behavior
promptly and impartially and as confidentially as possible.
3.
The campus police and University
Counsel will determine if the university will seek a temporary restraining
order or injunction on behalf of an employee to reduce the chances of further
violence or threats of violence in the workplace, as provided for in Indiana
statute (IC 34-26-6).
4.
Employees are required to cooperate
in any investigation. A timely resolution of each report should be reached and
communicated to all parties involved as soon as possible.
5.
Any form of retaliation against any
person for making a bona fide report concerning threatening or violent behavior
in the workplace is prohibited; therefore, such retaliation must also be
reported.
F. Reporting non-work-related violence
1.
Employees who are victims of
domestic or other threatening or violent behavior outside the workplace, or who
believe they are potential victims of such behavior, and fear it may enter the
workplace, are encouraged to report the situation as soon as possible.
2.
In all cases of an actual or
imminent act of violent behavior, call the campus Police Department or campus
Safety and Security Department.
3.
Report all cases of threatening or
violent behavior to the employee's supervisor or department head and to the
campus human resources office.
G. Non-disciplinary and disciplinary action
1.
Upon a completed investigation,
incidents will be reviewed before proceeding with non-disciplinary or
disciplinary action according to the provisions of the corrective action
policy.
2.
Examples of actions that will be
taken when an employee has been found to have violated this policy include, but
are not limited to, the following:
a.
Mandatory participation in
counseling
b.
Corrective/disciplinary action up to
and including termination
c.
Criminal arrest and prosecution
d.
Special procedures such as job
relocation or initiation of a court order may be implemented
3.
If, upon investigation, it is
determined that a report was falsified or made maliciously, the employee who
provided the false information will be subject to disciplinary action up to and
including termination, as well as possible criminal arrest and prosecution.
4.
Those who believe they are a victim
of threatening or violent behavior, whether workplace or not, may also contact
the Employee Assistance Program (EAP) to obtain advice in dealing with the
situation.
Related Indiana Law: IC
34-26-6 Workplace Violence Restraining Orders