Authority: Vice Chancellor for Finance and Administration
History: First Issued: February 27, 2008. Last Revised: June 22, 2021.
NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure
NCSU POL11.35.01 – Code of Student Conduct
NCSU POL05.15.01 – Employees Exempt from the State Human Resources Act (EHRA) Policy
NCSU POL 04.25.07 – Title IX Sexual Harassment Policy
NCSU REG 05.00.03 Employees Subject to the State Human Resources Act (SHRA)
NCSU REG11.35.02 – Student Discipline Procedures
NCSU REG06.05.01 – Firearms
NCSU POL04.25.05 – Equal Opportunity, Non-Discriminatory and Affirmative Action Policy
N.C. Gen. Stat. 14-196.3 (Cyberstalking)
N.C. Gen. Stat. §14-269.2 (Weapons)
N.C. Gen. Stat. § 14-277.3A (Stalking)
N.C. Gen. Stat. §50B-1 et seq. (Domestic Protection)
N.C. Gen. Stat. §50C-1 et seq. (Civil No Contact Orders)
Contact Info: Assoc. Vice Chancellor, Environmental Health and Public Safety (919-515-4238)
North Carolina State University (“NC State”) is committed to providing a safe and secure campus environment for all members of the university community. NC State strives to create an educational environment for students and a work environment for employees that promote educational and career goals. Campus/workplace violence impedes such goals. Each member of the NC State community has the responsibility to understand, prevent and respond appropriately to campus/workplace violence.
This regulation applies to all NC State employees, students and other individuals while on university property, while conducting university business at any location, or while engaging in university-sponsored programs or activities. This regulation also 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. In addition, this regulation applies to the personal conduct of students on or off-campus that constitutes violent behavior.
Nothing in this policy is intended to restrict any rights that would otherwise be protected from government action by the First Amendment of the United States Constitution.
3.1 Violent Behavior encompasses a broad range of behaviors (irrespective of perceived harm or severity) that may affect the campus or the workplace, may generate reasonable concerns for personal safety, or may result in physical injury to persons or animals. Violent behavior includes, but is not limited to, aggressive acts, interpersonal violence, intimidation, physical attacks, property damage, stalking/unwanted pursuit or threats as defined herein.
3.1.1 Aggressive Acts are acts that do not rise to the level of a physical attack, but that a reasonable person would interpret as being a threat to personal safety (i.e., physical intimidation, throwing objects, pounding on a desk or door, pointing a finger in a person’s face, etc.). It may also include behaviors that may indicate someone may act out aggressively (i.e., infatuation with violence and statements of threats towards others).
3.1.2 Interpersonal Violence includes Domestic or Dating Violence as defined in the University’s Title IX Sexual Harassment Policy (POL 04.25.07, Section 3.j).
3.1.3 Intimidation is engaging in actions, including through electronic means, that a reasonable person would find to frighten, coerce, induce duress, or control another individual physically, mentally, or emotionally.
3.1.4 Physical Attacks are unwanted physical contact (i.e., hitting, kicking, pushing, shoving, biting, fighting, etc.) that inflicts harm on another either with or without a weapon.
3.1.5 Property Damage is intentional damage to property, including property owned by NC State or its employees, students, visitors, or vendors.
3.1.6 Stalking/Unwanted Pursuit is engaging in a course of conduct directed at a specific person that would cause a reasonable person to either fear for their own safety or the safety of others or suffer substantial emotional distress. Conduct includes, but is not limited to, non-consensual communication, including in-person or cyber communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts or any other communications that are unwelcome and/or place another person in fear of, or at risk of, physical injury or danger, or remaining in the physical presence of the other person after being asked to leave.
3.1.7 Threats are expressions of intent to cause physical or mental harm to a person or to cause damage to the property of others or the university. A threat may be direct, indirect, conditional or veiled. An expression of intent constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent.
3.1.8 Brandishing a Weapon.
3.2 Protective Order/Restraining Order is a legal order issued by a state court which requires a person to stop engaging in certain conduct.
3.3 Weapon includes those items defined as weapons in N.C. Gen. Stat. §14-269.2.
4. PROHIBITED ACTIONS
4.1 All NC State employees, students and other individuals are prohibited from engaging in any act that constitutes Violent Behavior.
4.2 NC State employees who engage in Violent Behavior shall be subject to disciplinary action up to and including dismissal/discharge for cause.
4.3 NC State students who engage in Violent Behavior prohibited by the Code of Student Conduct (POL 11.35.01) may be subject to disciplinary action up to and including expulsion.
4.4 Any person who violates this regulation may be subject to being trespassed from NC State property and/or to being prosecuted for any violation of applicable state or federal law.
4.5 Weapons are prohibited on NC State property, except for the use by authorized law enforcement personnel or as allowed by University regulation, NCSU REG 06.05.01—Firearms, or as otherwise allowed by North Carolina law.
5. REPORTING RESPONSIBILITIES
5.1 To address incidents of Violent Behavior and contribute to a safe campus environment, all employees must immediately report any acts of Violent Behavior to an employee’s supervisor, Employee Relations, Violence Prevention and Threat Management, and/or University Police.
Note: Faculty and Staff who are licensed mental health practitioners or social workers, but are not working in that capacity as an NC State employee, must adhere to the campus/workplace violence regulation reporting guidelines.
5.2 To address incidents of Violent Behavior and contribute to a safe campus environment, all students must immediately report any acts of Violent Behavior to Violence Prevention and Threat Management, the Office of Student Conduct, and/or University Police.
5.3 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 or as 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 campus/workplace violence.
5.4 Any student or employee having an active restraining or protective order that covers the campus/workplace shall notify and provide a copy of such order to University Police.
6. INVESTIGATORY PLACEMENT/INTERIM MEASURES
It may be necessary during an investigation of a violation within this regulation to remove an employee or student from campus until the investigation is concluded.
6.1 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 Risk Assessment Case Manager (RACM) or designee; in some cases, employees may be referred to the Faculty and Staff Assistance Program (FASAP) or other appropriate resources.
6.2 Students who present a significant risk to the health and safety of others may be suspended on an interim basis as outlined by Section 12 of the Code of Student Conduct. Students who engage in any Violent Behavior may be referred for a mandatory risk assessment or subject to other interim actions.
6.3 In some situations, employees, students, or non-affiliated individuals under investigation for engaging in Violent Behavior may be trespassed from the campus or other university owned or leased property.
Retaliation against any employee, student, or other member of the campus community who, in good faith, reports a violation of this regulation is prohibited.
8. VICTIM PROTECTIONS AND SUPPORT
NC State will endeavor to protect victims of campus or 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/class schedule, location or conditions to enhance safety. The campus community is expected to offer support to victims of campus violence through steps such as referring victims to the FASAP (employee) or the Counseling Center (student) and allowing for flexibility to attend medical, court or counseling appointments relating to trauma and/or victimization from situations covered by this regulation.
9.1 Campus Violence Prevention and Management Coordinator
The Associate Vice Chancellor for Environmental Health and Public Safety is designated as the Coordinator for the overall implementation of NC State’s campus/workplace violence prevention and management program. The Coordinator has the delegated authority to create and/or oversee any system or process that identifies and mobilizes appropriate consultative resources (i.e. Behavior Assessment Team, RACM, etc.) to implement the program.
9.2 Behavior Assessment Team
The university Behavior Assessment Team (BAT) is a threat assessment and threat management team. The BAT is composed of a core group of multi-disciplinary representatives who analyze potentially threatening situations and advise administrators as to recommended courses of action to mitigate risk. The BAT consists of campus representatives including; but not limited to, Employee Relations, Environmental Health and Public Safety, University Police, the Office of Student Conduct, the Counseling Center and others as appropriate. The Associate Vice Chancellor for Environmental Health and Public Safety has designated the RACM to serve as the chair of the BAT. The Office of General Counsel shall provide legal counsel to the BAT.
10.1 The Coordinator or designee shall have the responsibility to oversee the development and delivery of training for members of the campus community regarding violence prevention and response. All faculty and staff are encouraged to participate in training made available on assisting individuals in distress, suicide prevention, bullying prevention and other topics related to workplace/campus violence prevention.
10.2 Training for supervisors/managers on workplace violence prevention and response is mandatory; training for all other employees is highly recommended. Refresher training must be completed on a biennial basis.