Authority: Vice Chancellor for Finance and Administration
History: First Issued: February 27, 2008. Last Revised: April 10, 2012.
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 REG11.35.03 – Graduate Student Discipline Procedures
NCSU REG05.70.01 – SHRA Successive Discipline
NCSU REG11.35.02 – Student Discipline Procedures
NCSU REG06.05.01 – Firearms
NCSU REG04.25.04 – Unlawful Harassment Policy Statement
N.C. Gen. Stat. §14-269.2
Contact Info: Assoc. Vice Chancellor, Environmental Health and Public Safety (919-515-4238); Assoc. Vice Chancellor for Human Resources (919-515-3443)
1.1 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. Therefore, each member of the NC State community has the responsibility to understand, prevent and respond appropriately to campus/workplace violence. This regulation describes violent behavior, actions that constitute a violation, and institutional responses.
2.1 Violent Behavior encompasses a broad range of behaviors that may affect the campus or the workplace, may generate reasonable concerns for personal safety, or may result in physical injury. Violent behavior includes, but is not limited to, aggressive or frightening acts, intimidation, threats, harassing behavior, stalking/unwanted pursuit, physical attacks, domestic violence or property damage.
2.2 Intimidation is engaging in actions intended to frighten, coerce, or induce duress. These actions include, but are not limited to, stalking/unwanted pursuit. Established assessment processes within the university that are executed in a manner consistent with existing procedures shall not constitute “intimidation” for purposes of application of this policy.
2.3 A Threat is an expression of intent to cause physical or mental harm. A threat may be direct, indirect, conditional or veiled. Any threat is presumed to constitute a statement of intent. An expression 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 or future.
2.4 Physical Attack is unwanted physical contact such as hitting, kicking, pushing, shoving, biting, fighting or throwing objects or using an unauthorized weapon against another person.
2.5 Domestic Violence is the use of abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate or familial relationship, including individuals who are or have been married, living together, or dating.
2.6 Property Damage is intentional damage to property, including property owned by NC State or its employees, students, visitors or vendors.
2.7 Weapon includes those items defined as weapons in N.C. Gen. Stat. §14-269.2.
3.1 This regulation applies to all NC State employees, students and visitors while on university property, while conducting university business, or while engaging in university-sponsored programs or activities.
4. PROHIBITED ACTIONS
4.1 It is a violation of this regulation to engage in violent behavior as defined herein. It is also a violation of this regulation to possess an unauthorized weapon on NC State property. By law, weapons are prohibited on NC State property except for use by authorized law enforcement personnel and military personnel carrying out their official duties and for ceremonial or educational uses specifically authorized by the Chancellor to the extent such uses are not inconsistent with state or federal law. NC State has authorized a limited exception for the possession of firearms on university property as addressed in NCSU REG06.05.01 – Firearms.
5.1 NC State employees who violate this regulation shall be subject to disciplinary action up to and including dismissal/discharge for cause. An act of off-duty violent conduct may also be grounds for disciplinary action up to and including dismissal/discharge for cause if there is a relevant relationship between the type of violent conduct committed and the potential adverse impact on the employee’s or other employee’s ability to perform his or her assigned duties and responsibilities.
5.2 NC State students who violate this regulation on or off campus may be subject to disciplinary action up to and including expulsion. In addition, 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.
6. REPORTING RESPONSIBILITIES
It is the responsibility of all employees and students at NC State to be alert to the possibility of violence on the part of prospective, current or former employees or students as well as campus visitors.
6.1 Employees shall immediately report any acts of violence, potential violence, threatening behaviors or other violations of this regulation to an immediate supervisor (or second level supervisor if the alleged perpetrator is the immediate supervisor), an Employee Relations staff member, the Risk Assessment Case Manager or Campus Police.
6.2 Students and employees shall immediately report any acts of violence, threatening behaviors or other violations of this regulation when a student is involved to the Office of Student Conduct, the Risk Assessment Case Manager or Campus 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.
6.3 Each report will be promptly investigated. Every effort will be made to protect the confidentiality and safety of anyone who reports a potential violation of this regulation or otherwise raises concerns about a threat or act of campus violence. All reports will be handled in as confidential manner as possible, with information released only on a need-to-know basis or as required by law.
7. INVESTIGATORY PLACEMENT/INTERIM CORRECTIVE MEASURES
It may be necessary during an investigation into a violation of this regulation to remove an employee or student from campus until the investigation is concluded.
7.1 Employees may be placed on investigatory leave with pay/administrative leave or may be subjected to other interim corrective measures of a non-disciplinary nature (i.e. reassignment) until the investigation is concluded. In addition, management may, at any time, require an employee to undergo an assessment to determine any risk of violence in the workplace. In such cases, managers will contact NC State’s Employee Relations department for a referral to the Faculty and Staff Assistance Program (FASAP) or other appropriate resource to coordinate the assessment.
7.2 Students who appear to present a significant risk to the health and safety of others may be suspended on an interim basis. Students who exhibit concerning behavior that does not appear to present a threat of harm to self or others may be referred for a mandatory assessment.
7.3 In some situations, employees and students under investigation may be trespassed from campus by Campus Police.
8.1 Retaliation against any employee, student, or other member of the campus community who, in good faith, reports a violation of this regulation is prohibited.
9. VICTIM PROTECTIONS AND SUPPORT
9.1 NC State shall use its best efforts to protect victims of campus violence by offering reasonable and appropriate security measures. The university shall, whenever possible and appropriate, 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 or Student Counseling Center and allowing for flexibility to attend medical, court or counseling appointments relating to trauma and/or victimization from situations covered by this regulation.
Specific responsibilities not addressed in this document will be addressed in university standard operating procedures.
10.1 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 violence prevention and management program. The Coordinator has the delegated authority to create and/or oversee any system that identifies and mobilizes appropriate consultative resources to implement the program. Such consultative resources include, but are not limited to, a Behavior Assessment management or advisory team and/or a risk assessment analyst/case manager.
10.2 Behavior Assessment Team
The university Behavior Assessment Team (BAT) shall be composed of a core group of multi-disciplinary representatives who will analyze potentially threatening situations and advise administrators as to recommended courses of action to mitigate risk. The team will consist of representatives from Human Resources, Environmental Health and Public Safety, Campus Police, the Risk Assessment Case Manager, the Division of Academic and Student Affairs (DASA), the Student Counseling Center and may include others as appropriate. The Associate Vice Chancellor for Environmental Health and Public Safety or his designee will act as official chair of the BAT. The Office of General Counsel shall provide legal counsel to the BAT.
11.1 The Coordinator 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 and topics related to workplace/campus violence prevention. Training for supervisors/managers on workplace violence prevention and response shall be mandatory