Memorandum - University Policies

TO: / President’s CabinetSenior Management Council
Council of DeansDepartment Chairs
Vice ProvostsSenior Human Resource Professionals
Senior Fiscal Officers
Ben Givens, Blaine Lilly, Sharon Schweikhart, Mike Hogan, University Senate
Liz Gordon-Canlas, Tom Gessells, Nikole Prete, Megan Hasting, University Staff Advisory Committee
Julian Bell, Lori L. Black, Beth Bolyard, Kate Dillingham, Anne Garcia, Kelly Hamilton, Jill Hannah, Molly Hanrahan, Christine Iocavetta, Jodi Joerg-Andreoli, John Lahey, Alison Mincey, Kimberly Rager, Sheldon Retchin, Patrick Robertson, Alisa Schueneman, Dennis Sweet, Rori-Taylor-Goldsmith, Tonya Wright
FROM: / Kim Potter, Policy and Training Director, Office of University Compliance and Integrity
Alexandra Schimmer, Associate Vice President and Deputy General Counsel, Office of Legal Affairs
DATE: / February 12, 2018
SUBJECT: / University Policy Process Request for Feedback on an Office of Human Resources policy revision:
Workplace Violence, 7.05

The Workplace Violence policy was revised March 2, 2017 on an interim basis due to the implementation of Senate Bill 199. In accordance with the University Policy Process, the policy must now undergo the full feedback and approval process.Your feedback is valued. Feedback received by March 9, 2018 will be considered as the policy is finalized.

The proposed revised policy and a list of the substantive proposed changes are attached and available on the University Policy Website at: policies.osu.edu. The current policy is available at:

Individuals from these offices and groups were involved in revising the policy:

Office of Human Resources
Office of Legal Affairs
The Wexner Medical Center, Human Resources

Provide any feedback you have by March 9, 2018to .

If you have any questions about the content of the policy, please contact:

Michelle Gaines, Office of Human Resources, 614-247-8264,

Lynn Carter, Office of Human Resources, 614-247-6410

If you have questions about the University Policy Process, contact:

Kim Potter, University Compliance and Integrity, 614-292-8728,

Alexandra Schimmer, Legal Affairs, 614-292-0582,

Copies:

Susan Basso, Office of Human Resources

Lynn Carter, Office of Human Resources

Michelle Gaines, Office of Human Resources

Kristi Hoge, Office of Human Resources

Jaime Witschger, Wexner Medical Center

Gates Garrity-Rokous, University Compliance and Integrity

Chris Glaros, University Compliance and Integrity

Mary Menkedick Ionno, Office of Legal Affairs

Assistants to members of President’s Cabinet and Senior Management Council

University Policy Review Committee

1

Summary of Revisions

Section: Policy

Subsection: Policy Statement

Current Workplace Violence Policy / Revised Workplace Violence Policy
The Ohio State University is committed to providing faculty, staff, and students with an environment that is safe, secure and free from threats, intimidation and violence. / The Ohio State University is committed to providing faculty, staff, students, patients, and visitors with an environment that is safe, secure, and free from threats and violence.

Subsection: Purpose of the Policy

Current Workplace Violence Policy / Revised Workplace Violence Policy
To promote an atmosphere that encourages learning and productive employment, quick responsive action will be taken if violence or the threat of violence arises. / To maintain a work environment free from workplace violence.

Subsection: Definitions

Current Workplace Violence Policy / Revised Workplace Violence Policy
Added: “Threatening Behavior” and “Violent Behavior”

Subsection: Policy Details

Current Workplace Violence Policy / Revised Workplace Violence Policy
Added: Section I- “Scope,” which includes “Medium,” “Location,” and “Jurisdiction.”
Section I- “Conduct of Behavior Not Tolerated by the University” / Moved to Section II
Section I(A)- References “Direct or implied threats” / Moved to Section II (A)
Section I (B)- References “Physical conduct that results in harm to people or property” / Moved to Section II (C)
Section I (C)- References“Possession of deadly weapons on university property” / Moved to Section II (D)
Section I (D)- References “intimidating conduct or harassment that disrupts the work environment or results in fear for personal safety” / Removed
Section I (E)- References “Use of university property or resources such as work time, telephones, fax machines, mail, e-mail, internet, or other means to threaten, harass, or abuse someone” / Moved to Section II (E) and has been revised as follows to: “Use of university property or resources to engage in threatening or violent behavior.”
Footnote removed / Moved to:
Section II (F) “Additional conduct or behavior requirements for Med Center employees can be found in the Compliance Standards of Conduct and the Reporting Suspicious or Criminal Activity Policy, Policy 04-18”
Section II (G) “Students who are not graduate associates or student employees are covered by the Code of Student Conduct.”
Section II (B) “Threatening behavior or violent behavior that unreasonably disrupts the work environment and leads a reasonable person to fear for their physical safety.”
Section III- References “incidents of sexual misconduct.” / Moved to Section II (F)
Section II- “Consequences of Policy Violations” / Moved to Procedures Section VI and has been revised:
Revised language includes reference to Faculty Rule 3335-5-04, which is the hearing process for faculty. The corrective action policy/process does not apply to faculty.
Added:
Section III “Duty to Report” language clarifies that corrective action, when a staff member is involved, or referral pursuant to Faculty Rule 3335-5-04, when a faculty member is involved, may occur when any individual who has a duty to report fails to do so. (This language was incorporated from OHR’s existing Investigation Guidelines and reflects current practice.)
Section IV “Reporting or Making a Complaint” language sets forth who an individual who has experienced workplace violence, observed workplace violence, or believe they may be targets of violence, should notify. (This language was incorporated from OHR’s existing Investigation Guidelines and reflects current practice.)
Section V “Confidentiality” language recognizes the importance of confidentiality, and states that information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except when necessary to conduct an appropriate investigation, to provide assistance and resources to complainants, to perform other appropriate university functions, or when the university is required to provide information under the law. Individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process. (This language was incorporated from OHR’s existing Investigation Guidelines and reflects current practice.)
Section VI “Retaliation” language states that the university will not tolerate retaliation or taking adverse action against who makes an allegation of workplace violence, and/or who participates in an investigation regarding an allegation of workplace violence. Retaliation can subject an offender to discipline, up to and including termination of employment. (This language was incorporated from OHR’s existing Investigation Guidelines and reflects current practice.)

Section: Procedure

Current Workplace Violence Policy / Revised Workplace Violence Policy
Section I- “Crisis Assessment Team” / Moved to Section II. “Conducting investigations as appropriate,” was deleted.
Section II- “Evaluating Alleged Threats” / Moved to Section III
The revised language includes WMC Security as a party to be notified.
The revised language includes WMC Employee Relations when incidents or allegations involve WMC employees.
The revised language clarifies that OHR/WMC Employee Relations conduct investigations of allegations, and, recommend appropriate corrective action when appropriate.
Section III- “Managing Environments” / Moved to Section I
The revised language includes supervisors, faculty supervisors, and chairs/directors as responsible for familiarizing employees with the policy and available resources.
The revised language also includes supervisors, faculty supervisors and volunteer supervisors, and chairs/directors as parties who must be alert to signs of violence, evaluate alleged threats, and notify OHR/WMC Employee Relations immediately when they become aware of information that would lead a reasonable person to believe that workplace violence has occurred.
Section IV- “Creating Workplace Safety Plans” / Includes WMC Employee Relations as a collaborator on the development of safety plans.
Section V- “University Police” / Retitled, “Partnering with OSUPD/WMC Security” and has been revised to include WMC Security as an entity that should respond to notification of a workplace violence situation.

Subsection: Responsibilities

Current Workplace Violence Policy / Revised Workplace Violence Policy
Updated to include all expected actions of individuals and groups.

Subsection: Resources

Current Workplace Violence Policy / Revised Workplace Violence Policy
Added relevant resources related to WMC and added the Anonymous Reporting Line.

Workplace Violence, 7.05

University Policy

Applies to:Faculty, staff, graduate associates, and student employees.

The Ohio State University – University Policies policies.osu.eduPage 1 of 9

Policy Name, ##

Policy Number (Optional)

University Policy

Applies to:

Responsible OfficeOffice of Human Resources

The Ohio State University – University Policies policies.osu.eduPage 1 of 9

Workplace Violence, 7.05

University Policy

Applies to:Faculty, staff, graduate associates, and student employees.

POLICY

Issued:03/02/1999

Revised:05/15/2018 (Target Date)

The Ohio State University is committed to providing faculty, staff, students, patients, and visitors with an environment that is safe, secure, and free from threats and violence. This includes providing a supportive workplace in which employees can discuss violence occurring in their lives and seek assistance with those concerns. Our goal is to provide a workplace in which violence of any kind is neither tolerated nor excused.

Purpose of the Policy

To maintain a work environment free from workplace violence.

Definitions

Term / Definition
Deadly weapon / Any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon including, but not limited to, a firearm (including unloaded, inoperable or sawed off firearms, starter pistols, zip guns, etc.), knife, club, brass knuckles, martial arts weapon, or stun gun.
Workplace violence / Any act resulting in threatened or actual harm to a person or property in the workplace.
Threatening Behavior / Interferes with an individual’s physical safety or with the property of the university.
Violent Behavior / The use of physical force or violence to inflict harm to others, to endanger the physical safety of another person or the property of the university.

Policy Details

  1. Scope
  2. Medium

1.This policy applies to alleged workplace violence in any medium. Workplace violence may manifest in many evolving forms (e.g., physical, verbal, visual, online/electronic/social media, etc.).

  1. Location

1.This policy applies to workplace violence that takes place on or off university property, including at university-sponsored events.

  1. Jurisdiction

1.The university has an obligation to address allegations when it knows or should have known information that would lead a reasonable person to believe that this policy has been violated. The university may take any action it deems appropriate, including informing the accused of the allegation and pursuing an investigation even in cases when the complainant is reluctant to proceed.

2.The university’s disciplinary response may be limited if the accused is a visitor or other third-party or is not subject to the university’s jurisdiction.

  1. Conduct or Behavior Not Tolerated by the University
  2. Direct or implied threats.
  3. Threatening behavior or violent behavior that unreasonably disrupts the work environment and leads a reasonable person to fear for their physical safety.
  4. Physical conduct that results in harm to people or property.
  5. Possession of deadly weapons on university property.
  6. Use of university property or resources to engage in threatening or violent behavior.
  7. Additional conduct or behavior requirements for Med Center employees can be found in the Compliance Standards of Conductand the Reporting Suspicious or Criminal Activity Policy, Policy 04-18 (Link will be completed after feedback period).
  8. Students who are not graduate associates or student employees are covered by the Code of Student Conduct.
  9. Incidents of sexual misconduct, which includes domestic and dating violence and stalking, are addressed under Sexual Misconduct, 1.15.
  10. Duty to Report
  11. Any Human Resource Professional (HRP); supervisor, including faculty supervisors and volunteer supervisors; chair/director; or faculty member who becomes aware of information that would lead a reasonable person to believe that workplace violence has occurred, must notify OHR/WMC Employee Relations immediately.
  12. Action may be taken when an individual fails to fulfill their duty to report. Action may include:

1.Corrective action, when a staff member is involved; or

2.Referral pursuant to Faculty Rule 3335-5-04, when a faculty member is involved.

  1. Reporting or Making a Complaint
  2. Individuals who have experienced workplace violence, observed workplace violence, or believe they may be targets of violence, are encouraged to promptly notify an appropriate administrator, which includes:

1.Office of Human Resources (OHR) Employee Relations,

2.Ohio State Employee Assistance Program,

3.The Ohio State University Police Department (OSUPD),

4.University Anonymous Reporting Line,

5.Wexner Medical Center (WMC) Employee Relations, and/or

6.WMC Security.

  1. Confidentiality
  2. The university recognizes the importance of confidentiality. To the extent possible, information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except when necessary to conduct an appropriate investigation, to provide assistance and resources to complainants, to perform other appropriate university functions, or when the university is required to provide information under the law.
  3. All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.
  4. Retaliation
  5. The university will not tolerate retaliation or taking adverse action against an individual because they have made an allegation of workplace violence or because they have participated in an investigation regarding an allegation of workplace violence.
  6. Retaliation is a serious violation that can subject the offender to discipline up to and including termination of employment.

PROCEDURE

Issued:03/02/1999

Revised:05/15/2018 (Target Date)

  1. Managing Environments
  2. Employing units; supervisors, including faculty supervisors and volunteer supervisors; and chairs/directors should familiarize employees with this policy and available resources.
  3. Employing units; supervisors, including faculty supervisors and volunteer supervisors; and chairs/directorsmust:

1.Be alert to possible signs of violence and immediately evaluate any alleged threat by assessing its perceived intent and the capacity and means to fulfill the threat. Factors to consider include the nature of the threat, duration of risk, and likelihood that harm will occur.

2.Notify OHR/WMC Employee Relations immediately when they become aware of information that would lead a reasonable person to believe that workplace violence has occurred.

  1. Crisis Assessment Team (CAT)
  2. The CAT is convened by OHR and:

1.Assesses, manages, and provides consultation on incidents involving imminent danger, violence, or other situations as determined by OHR;

2.Determines appropriate actions to assist the affected unit; and

3.Develops and implements action plans.

  1. The CAT is not designed to address workplace issues that should be handled with appropriate procedures at the employing unit level. The CAT consists of representatives from OHR/WMC Employee Relations, OSUPD,WMC Security, Ohio State Employee Assistance Program, Office of Legal Affairs, and other units when appropriate, such as the Office of Academic Affairs or Office of Student Life.
  1. Evaluating Alleged Threats
  2. In the event of imminent danger or an incident of violence involving injury to persons or damage to property:

1.Notify OSUPD, WMC Security, or 911. Regional campuses should contact the appropriate law enforcement agency.

2.Seek assistance for persons needing care.

3.Document and evaluate circumstances associated with the event including a record of information from all involved employees or witnesses. The Incident Report for Workplace Violence form may be used as a resource for documenting the circumstances.

4.Contact OHR/WMC Employee Relations to report the incident and to request guidance and assistance.

5.In consultation with OHR/WMC Employee Relations, promptly develop and implement a plan of action.

6.OHR/WMC Employee Relations will promptly investigate and recommend appropriate corrective action based upon results of the investigation.

7.OHR/WMC Employee Relations, when applicable, will evaluate/process requests for corrective action.

  1. If the circumstances do not indicate imminent danger to persons or damage to property, an employing unit, supervisor, Human Resources Professional, OSUPD, or WMC Security should:

1.Document and evaluate the circumstances associated with the event to include a record of information from all involved employees or witnesses. The Incident Report for Workplace Violence form may be used as a resource for documenting the circumstances.

2.Contact OHR/WMC Employee Relations, to report the incident and to request guidance and assistance.

3.In consultation with OHR/WMC Employee Relations, promptly develop and implement a plan of action.

4.OHR/WMC Employee Relations will promptly investigate and recommend appropriate corrective action based upon results of the investigation.

5.OHR/WMC Employee Relations, when applicable, will evaluate/process requests for corrective action

  1. Creating Workplace Safety Plans
  2. Workplace safety plans are to be collaboratively developed between the employing unit and OHR/WMC Employee Relations, in response to workplace violence or for instances when an employee feels targeted by violence. Plans may include, and are not limited to, changing work stations and telephone numbers, and escort for entry to and exit from the building.
  3. Partnering with OSUPD/WMC Security
  4. When OSUPD/WMC Security receives notice of a workplace violence situation they should:

1.Restore order in a conflict situation.

2.Enforce the law including existing protection orders.

3.Arrange for emergency medical assistance.

4.Participate on a crisis assessment team as appropriate.

  1. Consequences of Policy Violations
  2. Individuals found to engage in behavior in violation of this policy will be subject to corrective action, up to and including termination, in accordance with university policies or rules.
  3. Faculty members found to engage in behavior in violation of this policy will be subject to referral to hearing procedures set forth in Faculty Rule 3335-5-04.
  4. Criminal charges may also be filed, as appropriate.
  5. Individuals found to engage in behavior in violation of this policy may be required to seek and successfully complete training, assessment, counseling, treatment, and/or referrals.

Responsibilities

Position or Office / Responsibilities
Employing unit /
  1. Familiarize employees with this policy.
  2. Be alert to possible signs of violence; refer individuals to resources available through OHR/WMC Employee Relations and the community; and support employees who seek professional help.
  3. Immediately notify OHR/WMC Employee Relations of incidents of workplace violence.
  4. Evaluate, document, consult, and seek assistance with any alleged threat, as outlined in this document.
  5. Develop and implement individualized workplace safety plans in consultation with OHR Employee Relations.
  6. Take reasonable steps to respect the confidentiality and autonomy of the victim to the extent allowed by law.

Faculty member/Anyone who supervises faculty, staff, students or volunteers /
  1. Familiarize employees with this policy.
  2. Be alert to possible signs of violence; refer individuals to resources available through OHR/WMC Employee Relations and the community; and support employees who seek professional help.
  3. Immediately notify OHR/WMC Employee Relations of incidents of workplace violence.
  4. Evaluate, document, consult, and seek assistance with any alleged threat, as outlined in this document.
  5. Develop and implement individualized workplace safety plans in consultation with OHR Employee Relations.
  6. Take reasonable steps to respect the confidentiality and autonomy of the victim to the extent allowed by law.

Staff, graduate associates, and student employees /
  1. Be knowledgeable about this policy.
  2. Report violations of the policy to an appropriate administrator as outlined in this policy.
  3. Attend training, assessments, counseling, or treatment as required.

OSUPD/WMC Security (Regional campuses should contact campus security and/or local law enforcement.) /
  1. Restore order in a conflict situation.
  2. Enforce the law including existing protection orders.
  3. Arrange for emergency medical assistance.
  4. Participate on the CAT as appropriate.

Office of Human Resources Employee Relations/Wexner Medical Center Employee Relations /
  1. Provide assistance to the employing unit including consultation on the development of individualized workplace safety plans.
  2. When staff is involved, evaluate/process requests for corrective action.
  3. When a faculty member is involved, when appropriate,refer the matter to the hearing procedure set forth in Faculty Rule 3335-5-04.
  4. Activate the CAT as needed.
  5. Take reasonable steps to respect the confidentiality of the victim to the extent allowed by law.

Crisis Assessment Team (CAT Team) /
  1. Assess, manage and provide consultation on, incidents involving imminent danger or violence.
  2. Determine appropriate action to assist the affected unit.
  3. Develop and implement an action plan.

Resources

Forms