REG 04.05.02 – Campus/Workplace Violence Prevention and Management

Authority: Vice Chancellor for Finance and Administration

History: First Issued: February 27, 2008. Last Revised: August 1, 2017.

Related Policies: 
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 POL04.25.05 – Equal Opportunity and Non-Discriminatory Policy

Additional References:
N.C. Gen. Stat. §14-269.2
N.C. Gen. Stat.  §50B-1 et seq.
N.C. Gen. Stat. §50C-1 et seq.

Contact Info: Assoc. Vice Chancellor, Environmental Health and Public Safety (919-515-4238); Assoc. Vice Chancellor for Human Resources (919-515-3443)


1. INTRODUCTION

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, prohibited conduct that constitutes a violation, and institutional responses.

2. SCOPE

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 adversely impacts the employee’s ability to perform his or her duties and responsibilities.  In addition, this regulation applies to the personal conduct of students on or off-campus that constitutes violent behavior.

 3. DEFINITIONS

3.1 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 acts, domestic or dating violence, harassment, 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., throwing objects, pounding on a desk or door, pointing a finger in a person’s face, etc.).

3.1.2  Domestic or Dating Violence is abusive behavior between people who have an ongoing or prior intimate or familial relationship, including individuals who are or have been married, living together, or dating.

3.1.3  Harassment is repeated, pervasive, systematic unwanted direct or indirect contact with another person or group of persons that creates disruption or distress for the person or group of persons.

3.1.5  Physical Attacks are unwanted physical contact that inflicts harm on another either with an unauthorized weapon or without a weapon (i.e., hitting, kicking, pushing, shoving, biting, fighting, etc.).

3.1.6  Property Damage is intentional damage to property, including property owned by NC State or its employees, students, visitors, or vendors.

3.1.7  Stalking/Unwanted Pursuit is defined as repeatedly contacting another person when the person has communicated that such contact is unwanted and the conduct has caused the other person reasonable apprehension of imminent physical harm or  substantial impairment of the person’s ability to perform the activities of daily life. Contact includes, but is not limited to, communicating with (in person, by phone or computer) or remaining in the physical presence of the other person after being asked to leave.

3.1.8  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.  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.

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

Engaging in any act that constitutes violent behavior is prohibited.  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. SANCTIONS

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 behavior 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 behavior committed and the potential adverse impact on the employee’s or another 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.

5.3 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 third parties.

6.1  All employees have the responsibility to immediately report any violent behavior or threats of violence by another employee 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 (RACM), or University Police.

6.2 All students and employees have the responsibility to immediately report any violent behavior or threats of violence by a student to the Office of Student Conduct, the RACM, 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.

6.3 Each report will be promptly reviewed and assessed.  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/workplace violence.  All reports will be handled as confidentially as possible, with information released only on a need-to-know basis or as required by law.

6.4 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.

7. INVESTIGATORY PLACEMENT/INTERIM CORRECTIVE 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.

7.1 Employees may be placed on investigatory leave with pay/administrative leave with pay or may be subjected to other interim corrective 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 evaluation may include an interview or meeting with the RACM or designee; in some cases, employees may be referred to the Faculty and Staff Assistance Program (FASAP) or other appropriate resources.

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 or subject to other interim measures.

7.3 In some situations, employees, students, or non-affiliated individuals under investigation for a violation of this regulation may be trespassed from the campus or other university owned or leased property.

8. NON-RETALIATION

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.

10. RESPONSIBILITIES

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/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.

10.2 Behavior Assessment Team

The university Behavior Assessment Team (BAT) is a behavior 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, Human Resources, Environmental Health and Public Safety, University Police, the Office of Student Conduct, the Student 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.

11. TRAINING

11.1 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 and topics related to workplace/campus violence prevention.

11.2 Training for supervisors/managers on workplace violence prevention and response shall be mandatory; training for all other employees is highly recommended.  Refresher training must be completed on a biennial basis.