Handbook of Operating Procedures > Series 200 General Policies and Procedures > 2.11.3 Violence in the Workplace

2.11.3 Violence in the Workplace

A. Purpose

The objectives of this policy are:

1. Describe procedures for reporting workplace violence, emergencies, or crimes.
2. Enumerate disciplinary procedures and other legal actions to be imposed for violations of this policy.

B. Persons Affected

All University of Texas at Tyler and University of Texas Health Science Center at Tyler (collectively, the "University") employees, faculty, staff, students and other personnel and departments (excluding any legitimate academic uses covered by university policy governing research with human subjects). For this purpose of this policy only, both the UT Tyler Main and Health Science Center campus police departments will be referred to as the “University Police Department.”

C. Definitions

Act of Violence: any behavior, intentional or reckless, which results in bodily harm to another person, and/or damage to property, or threatens the safety of another individual in the workplace.

Alert System: panic buttons provided in specific locations on campus.

Threat of Violence: any behavior, intentional or reckless, that by nature would be interpreted by a reasonable person as intent to harm another person or damage property. Threats may include, but are not limited to, oral communication, written communication, or communication through gestures, conventional mail, electronic mail, fax or telephonic means, and may be direct or implied.

Workplace: all locations of the University as well as off-campus locations where faculty, students, staff, agents, or contractors are engaged in official university business.

Workplace Violence: threatening and/or violent behavior that can include, but is not limited to, the following:

• Physically assaulting an individual by slapping, hitting, punching, pushing, poking, or kicking, or threats to inflict physical harm.
• Arson, sabotage, equipment vandalism, damaging or destroying property, throwing, or hitting objects.
• Displaying a weapon or any object that which can be used as a weapon in a threatening manner, or using a weapon to harm someone.
• Intimidating or threatening gestures, bullying or hazing, or intimidating, threatening, hostile, or abusive language directed toward another person that communicates the intention to engage in violence against that individual and leads a reasonable individual to expect that violent behavior may occur.

E. Policy

The University maintains a zero tolerance for threats, threatening behavior, workplace violence, or acts of violence by employees, students, patients, patient family members, visitors, volunteers and contractors. Any individual who engages in such actions while on university owned or controlled property may be removed and/or barred from the premises pending the outcome of an investigation.

• Employees who violate this policy will be subject to disciplinary action, up to and including termination.
• Employees and students who intentionally bring false charges against any other person will be subject to disciplinary action, up to and including termination.
• Students who violate this policy will be subject to the disciplinary action by the Student Conduct office and relevant policies.
• Visitors who violate this policy will not be permitted to return to the University other than to receive treatment at the UT Health Science Center Campus if needed.
• Volunteers who violate this policy will be removed from the premises, may have charges filed through the University Police and be prohibited from further volunteer activities.
• Contractors or vendors who violate this policy may be subject to cancellation of contracts and removal from university property.
• Patients who violate this policy may be removed from the University premises and may have charges filed through University Police. Additionally, discharge will be considered for patients who present a threat to other patients, visitors, and/or employees after medical and psychological evaluation.

Even without the existence of an actual threat or act of violence, employees and students should immediately report to their management any behavior that they perceive as threatening or violent.

In order to minimize risk, all employees and students are required to participate in university provided training unless determined otherwise by each respective campus.

All supervisors, department administrators, and officials are responsible for responding appropriately and promptly to reports of allegations of violence on campus. Managers are encouraged to refer employees who exhibit behaviors indicating stress or anger management, or who may have been the victim or an assault to the Employee Assistance Program.

Faculty and those with significant responsibility for students and/or student activities are encouraged to refer students who exhibit the aforementioned behaviors or who may have been the victim of an assault to the University Police Department and the Dean of Students.

F. Procedures

Reporting Immediate Workplace Violence, Emergencies, or Crimes

Any individual who experiences, is aware of, or witnesses workplace violence, or who has reason to suspect that workplace violence is occurring, or poses danger, should immediately report this behavior to the University Police Department.

Note: Certain locations on each campus are equipped with an alert system. The alert system will be used to call for assistance.

Reporting Noncritical Workplace Violence and Threats

All supervisors will take appropriate and prompt actions to ensure that a report from a subordinate regarding campus violence is referred to the University Police Department and the appropriate department administrators. The University Police Department and the appropriate department administrators are responsible for responding promptly and thoroughly to allegations of campus violence and reporting all incidents through the chain of command to appropriate university officials.

Retaliation

Any individual who retaliates in any form against an individual who reports an incident or threat of workplace violence in good faith or who participates in good faith in an investigation of such a report is subject to disciplinary action, up to and including termination. In addition, criminal charges may be filed.

Personal Restraining Orders

Employees should immediately notify their supervisor and the University Police Department of any restraining orders against an individual who might appear in the workplace. Upon receipt of this notification, the supervisor should consult with the Office of Human Resources and the University Police Department. University Police will determine and initiate any appropriate action(s) that should be taken in response to receipt of this order.

Students should immediately notify the Student Success Department of any restraining orders against an individual who might appear on either campus of the University. The Dean of Students, or their designee, will consult with the University Police on appropriate action(s) to be taken.

G. References

• Texas Penal Code, Title 9, Chapter 42 Discipline and Dismissal
• Texas Administrative code, Title 22, Part 11, Chapter 217, Rule §217.12 Concealed Handguns on Campus Policy, PolicyStat
• Regent's Rules and Regulations, Series 50101 Advanced Emergency Nursing Journal. 32 (1): 68-82
• Howard PK; Gilboy N; Gilboy N; Howard PK. (2009). Research to practice. Workplace violence. Advanced Emergency Nursing Journal. 31 (2): 94-100.
• Ericksen AB; Mullett S. (2008) Violence in the workplace: how to care for your own safety while providing care to your patients. RN. 71 (8):38-42.