VIOLENCE IN THE WORKPLACE POLICY

Violence of any sort is contrary to the North Carolina School of the Arts’ purpose of providing quality education and a safe working environment. This policy is being established as an anti-violence and violence-prevention policy.

Violence threatens the safety of personnel, and often the public, while threatening employee morale and productivity. This policy, therefore, applies to all employees of the North Carolina School of the Arts, including those that are temporary or contract. Additionally, any potentially threatening situation against an employee by a non-employee is to be reported.

Ignoring threats and violence can result in fatal incidents to faculty, staff, students or the public. Violence also affects morale, productivity, absenteeism, turnover, litigation costs, worker’s compensation costs, employment and training costs. Violence often follows established threat patterns and behavioral changes that are easily observed and reasonably predictable. Violence can be prevented or reduced by responding to threats effectively.

DEFINITIONS:

Workplace violence includes, but is not limited to, intimidation, threats, physical attack or property damage.

Threat is the expression of an intent to cause physical harm. 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, conditional or future.

Physical attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving or throwing objects.

Property damage is intentional damage to property which includes property owned by the State, employees, visitors or vendors.

Intimidation includes, but is not limited to, stalking or engaging in actions intended to frighten, coerce, or induce duress.

EARLY WARNING SIGNS OF WORKPLACE VIOLENCE:

Workplace violence is difficult to predict in terms of knowing specifically which individuals will commit aggressive acts. However, we can identify some early warning signs that may indicate a tendency to workplace violence.

1. Sudden personality changes

2. Job performance suddenly becomes more erratic

3. Employee makes open comments about being treated poorly,
wanting to strike back

4. Behavior which suddenly becomes more aggressive such as bullying, intimidating behavior toward supervisors, subordinates or fellow workers

5. Showing off, commenting or actually brandishing a weapon

6. Bizarre thoughts spoken aloud, often stemming from a sense that he/she should have been promoted, transferred or is entitled to other
advancement

7. Obsessions, such as harboring a grudge against a co-worker or supervisor, or from frustrated romantic interests

8. Employee is involved in frequent disputes with subordinates, co-workers or supervisors

9. Employee routinely violates School policy

THREATS AND/OR VIOLENT ACTIVITIES:

The following activities, not all inclusive, are considered as threats of violence. Employees exhibiting these activities are in violation of this anti-violence policy that may result in disciplinary action up to and including termination. The North Carolina School of the Arts hereby adopts a policy of zero tolerance of violence or threats of violence.

· Physical harm or beatings resulting in injury or death
· Psychological trauma due to verbalized threats, stalking, etc.
· Property damage due to violence
· Property theft due to employer or employee-directed violence
· Homicide
· Rape, sexual assault, sexual harassment or sexual abuse
· Strangulation
· Gun shot wounds
· Stabbing
· Verbal abuse
· Harassment which may result in creating an intimidating or offensive working environment
· Potential violence prompted by use of controlled substances such as drugs and alcohol

REPORTING THREATS:

Employees may report any incident of workplace violence or any threat of workplace violence to their supervisor, department head, Human Resources Director, Vice-Chancellor, or Campus Police. All employees are encouraged to be alert to the possibility of violence on the part of employees, former employees, and others. Any report of violence will be handled in a confidential manner, with information released only on a need-to-know basis.

Incidents of workplace violence or any threat of workplace violence shall be referred to the Campus Police Chief, and appropriate management personnel for investigation purposes. The Campus Police Chief, or his deputy in his absence, shall investigate using normal and standard procedure within the School’s and Campus Police Department’s guidelines. The School’s workplace violence committee, and other School personnel will be involved as needed and indicated.

NORTH CAROLINA SCHOOL OF THE ARTS OPTIONS REGARDING THREATS:

In the investigation of a complaint, the Crisis Management Team will determine how it can monitor and control the situation. Possible options available are indicated below:

· Take no action
· Take usual and customary disciplinary procedures;
· Give individual opportunity to resign without prejudice;
· Recommend voluntary counseling;
· Refer to Employee Assistance Program;
· Refer for formal fitness-for-duty evaluation;
· Place individual on medical leave and reevaluate situation after treatment;
· Issue temporary or permanent restraining order;
· Notify law enforcement agencies and/or charge subject with misdemeanor or felony;
· Notify targets of threat(s) to protect themselves;
· Provide security for specific individuals on worksite or during interviews.

Permanent options will not be implemented without first determining compliance with the Americans with Disabilities Act, Affirmative Action Plan, Family and Medical Leave Act and any other regulatory standards. However, this does not preclude the School from implementing temporary, immediate emergency options, such as employee removal from the School grounds or emergency suspension, etc.

The Chairman of the Crisis Management Team will provide a written recommendation on action to be taken to division management to include the Vice Chancellors and other members of management in the division who are affected by a threat of violence.

GRIEVANCE RIGHTS:

If adverse disciplinary action is taken against a career employee for exhibiting violent activities, the employee in an SPA position will be given an opportunity to defend himself/herself in accordance with the State of North Carolina Disciplinary Action, Suspension and Dismissal Policy. EPA non-faculty employees will be covered by the North Carolina School of the Arts Personnel Policies for EPA Non-Faculty Employees. Faculty will be covered by the North Carolina School of the Arts Personnel Policies for Faculty Employees. The accused employee has the right to know the nature of the complaint and confront his or her accuser, particularly when there are no witnesses to verify the allegations of the complaining party.

In protecting the rights of the accused employee, the Chancellor, designee, or Crisis Management Team must limit disclosure of the threat and identity of perpetrators to involved supervisory personnel and the parties to whom the threats were specifically directed. However, if the threat of harassment is generalized or directed at the entire workplace, the goal of protecting the reputation and confidentiality rights of the perpetrator will be forfeited. Depending upon the magnitude of the threat and probability of its occurrence, the School may be forced to sacrifice the interests of the accused and reveal the nature of the threat and identity of the accused to the entire workplace.

In addition, the School and employees as a whole have a legal duty to warn potential victims of violence. The discharge of the duty to warn will vary with the facts of each case, but public interest outweighs the breach of trust involved in revelation of confidential communications. Any release of information must be cleared by the Chancellor and made in a good-faith effort to warn potential victims regarding violent activities.

EMPLOYEE TRAINING:

It shall be the joint responsibility of the Crisis Management Team to present a training program concerning the Workplace Violence prevention program at North Carolina School of the Arts. This training program will be made available to all employees at the School, with a separate, required presentation for all supervisors. Separate training sessions for employees and supervisors will be presented on an annual basis.

EMPLOYEE ASSISTANCE PROGRAM:

Employee Assistance coordinators from the State EAP program shall be available to provide assistance at any time requested by the Crisis Management Team. Their services shall include but not be limited to: referrals, evaluations, counseling, and training of employees and supervisors.

REPORTING:

The Chairman of the Crisis Management Team shall provide a report to the Office of State Personnel coordinator for Workplace Violence whenever there is an incident of violence in the workplace, with a copy to the North Carolina School of the Arts Chancellor and Vice Chancellors. Incidents of violence or potential violence are to be reported on the Workplace Violence Incident Report. The Chairman of the Crisis Management Team shall maintain the original of each report.

EMPLOYEE CERTIFICATION:

ALL employees shall be required to sign the Employee Certification form concerning the Violence in the Workplace Program. All new hires will sign the form in the Human Resources Office as part of the new employee orientation. In addition, every employee and every new employee will receive a complete copy of the Violence in the Workplace Policy.