08.540 Workplace Violence Policy and Protocol

Chancellor

Revised December 2025; Revised August 2018; revised August 7, 2007; effective August 15, 2005

State Human Resources Manual, Section 8, page 15 (April 1, 2008); N.C.G.S. § 14-269.2.

State Human Resources Manual, Workplace Violence Policy; Policy 08.420 Employee Assistance Program

Human Resources, Office of Title IX and Clery Compliance, University Police Department, Office of the Dean of Students

Policy Details:

1. Policy

   The university is committed to providing a workplace for its employees and students that is safe, secure, and respectful -- an environment that is free from violence. Types of violent acts that are prohibited include, but are not limited to, intimidation, bullying, cyber bullying, stalking, threats, physical attack, domestic violence, or property damage by or against employees. Such actions, including the use of weapons, are a violation of university policy, not tolerated in the university community, will be addressed promptly, and will subject the responding party to serious disciplinary action and possible criminal charges.

   All incident reports shall be confidential and released only as permitted by applicable law.

2. Purpose

   The purpose of this policy is to establish preventative measures, hold perpetrators of violence accountable, and support victims of workplace violence. Committing violent acts, whether on-duty or off-duty, has the potential to impact an employee’s ability to perform their job. The University is guided by the Federal Occupational Safety and Health Act of 1970 that requires employers to provide their employees with a safe and healthy work environment. It is intended that all useful management tools be employed to accomplish this dual purpose of reducing the effects of violence on victims and providing consequences to those who perpetrate violence. It is also intended that management utilize available resources such as an Employee Assistance Program (EAP), law enforcement, appropriate Human Resources divisions (Employee Relations, Equal Employment Opportunity, etc.), and applicable personnel policies and procedures.

3. Scope

   This Policy applies to all full-time and part-time employees in permanent, probationary, trainee, time-limited, or temporary appointments. This Policy applies to the conduct of an employee while functioning in the course and scope of employment as well as off-duty violent conduct that has a potential adverse impact on an employee’s ability to perform the assigned duties and responsibilities.

   The Policy, in addition to the relevant provisions of the Code of Student Life, also applies to visitors and students. If the respondent is a student, they may also be subject to Policy 02.210 Title IX Grievance and/or Policy 04.130 Student Gender-Based/Sexual Misconduct including behaviors defined therein.

   Nothing in this Policy is intended to restrict any rights that would otherwise be protected from government action by the First Amendment of the United States Constitution.

4. Definition of Workplace Violence

   Workplace Violence includes, but is not limited to, intimidation, bullying, cyber bullying, stalking, threats, physical attack, domestic violence, or property damage and includes acts of violence committed by State employees, students, clients, customers, relatives, acquaintances, or strangers against anyone on any University-owned or -controlled property. Such actions could be communicated by any means.

   1. Bullying: Unwanted offensive and malicious behavior which undermines an individual or group through persistently negative attacks. There is typically an element of vindictiveness, and the behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient. The behavior typically is severe or pervasive and persistent, creating a hostile work environment.

   2. Cyber-Bullying: Uses technology to intentionally harm others through hostile behavior, as well as threatening, disrespectful, demeaning, or intimidating messages. This is bullying that occurs via the internet, cell phones, or other electronic devices (e-mails, IMs, text messages, blogs, pictures, videos, postings on social media, etc.)

      Bullying and cyberbullying behaviors may be considered discriminatory if they are predicated on the targeted person’s protected class (refer to Policy 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct, Policy 02.210 Title IX Grievance and/or Policy 04.130 Student Gender-Based/Sexual Misconduct for additional information and procedures.)

   3. Domestic Violence: Abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate relationship. This could include people who are married, divorced, separated, living, or lived together, or are currently dating or previously dated. Refer to Policy 02.210 Title IX Grievance Policy for additional information and procedures for Domestic Violence and/or Policy 04.130 Student Gender-Based/Sexual Misconduct policy.

   4. Intimidation: Engaging in actions that include but are not limited to behavior intended to frighten, coerce, or induce duress.

   5. Physical Attack: Unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.

   6. Property Damage: Intentional damage to property and includes property owned by the state, employees, students, visitors, or vendors.

   7. Reasonable Suspicion: Degree of knowledge enough to induce the belief that the circumstances being presented are more likely to be true than not. Reasonable suspicion must be based on an articulable, specific, and objective basis and may include direct observation and/or information received from a source believed to be reliable.

   8. Stalking: Harassing or pestering an individual, in person, in writing, by telephone or electronic format. Stalking also involves following an individual, spying on them, alarming the recipient, or causing them distress and may involve violence or the fear of violence. Refer to Policy 02.210 Title IX Grievance Policy and/or 04.130 Student Gender-Based/Sexual Misconduct policy for additional information and procedures for stalking.

   9. Threat: The expression of an intent to cause physical or mental 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.

   10. Weapon: Device, instrument, material, or substance used to or is capable to cause death, bodily injury, or damage to property. Weapons include but are not limited to: an explosive; a device principally designed, made, or adapted for delivering or shooting an explosive, chemical, biological, or radiological weapon; a firearm such as a machine gun, rifle, shotgun, or handgun; a firearm silencer; sharp object such as a knife or other blade; or any other device used for the infliction of or threat of bodily injury, damage to property, or death.

5. Prohibited Actions and Sanctions

   It is a violation of this policy to: (i) engage in workplace violence as defined herein; (ii) use, possess, or threaten to use an unauthorized weapon during a time covered by this policy; or (iii) misuse authority vested to any employee in such a way that violates this policy.

   1. By law, weapons are prohibited on campus except (i) for authorized law enforcement, military, or other personnel carrying out their official duties or related training, (ii) for ceremonial or educational uses specifically authorized by the chancellor, if in compliance with North Carolina law, or (iii) as may otherwise be permitted by North Carolina law. At all times, employees’ authorized possession of weapons must comply with North Carolina law.

   2. A violation of this policy by SHRA employees shall be considered unacceptable personal conduct as provided in Policy 08.510, SHRA Disciplinary Action Policy. Acts of violence by any employee, as defined herein, may be grounds for disciplinary action, up to and including dismissal.

   3. An act of off-duty violent conduct may also be grounds for disciplinary action, up to and including dismissal. In these situations, the appropriate management representative will determine if there is a reasonable connection between the type of violent conduct committed and the potential adverse impact on the university and its employees, student, visitors, and/or others in the university community.

      Examples of prohibited conduct include, but are not limited to, the following:

      • Physically assaulting an individual.

      • Communicating a threat to an individual or his/her family, friends, associates, or their property.

      • Intentionally destroying or threatening to destroy property owned, operated, or controlled by the State.

      • Intimidating or attempting to coerce an employee to do wrongful acts, as defined by applicable law, administrative rule, policy, or work rule that would affect the business interests of the State.

      • Stalking or intending to place another person in reasonable fear for his or her safety; or

      • Possessing or using firearms, weapons, or any other dangerous devices on State property in an inappropriate manner or without authorization.

   4. Employees may be referred to the UNCW Employee Assistance Program (EAP) in accordance with Policy 08.420 Employee Assistance Program.

6. Responsibilities and Appointments

   1. General

      It is the responsibility of all employees and students in the university to conduct themselves in such a way as to contribute to an environment that is free of violence. All employees are encouraged to be alert to the possibility of violence on the part of employees, former employees, students, and visitors. Employees shall place safety as their highest concern and shall report all acts of violence and threats of violence in accordance with reporting procedures detailed in Section VII.

      University administrators and supervisors have a special responsibility to create and maintain a violence-free environment. Should an administrator or supervisor have knowledge of conduct that creates violence or receives a complaint of violence under his or her administrative functions, immediate steps must be taken to address the matter appropriately. Taking positive steps to educate and sensitize employees and students with respect to this issue is also a responsibility of university administrators.

   2. Responsible Institutional Officer

      The Associate Vice Chancellor of Human Resources position (or designee) serves as the Workplace Violence Policy and Protocol Coordinator (“Coordinator”). The coordinator has overall responsibility for the implementation of related policies, procedures for the response to workplace violence incidents, maintenance of records, and preparation of requested reports on workplace violence, except as otherwise specified in Section VIII.

   3. Workplace Violence Education and Awareness

      The Workplace Violence Policy and Protocol Coordinator will have the responsibility for coordinating the design and presentation of annual training and education of supervisors regarding the signs of potential workplace violence. Advice and assistance will be solicited from other university resources on the contents of the training and education programs, to assess the effectiveness of the programs, and to determine revisions as necessary to this Policy.

      All newly assigned, hired, or promoted managers/supervisors are required to complete Workplace Violence prevention training within the first year of entry into the managerial/supervisory position.

7. Incident Reporting

   1. To address incidents of workplace violence in employee work and student learning and living areas and to ensure speedy and effective resolution of these types of incidents, the university has established the following reporting procedures:

      1. The University Police Department should be contacted immediately (or call 911) if someone is or may be in imminent danger or if the incident in question resulted in anyone being physically harmed.

      2. When an employee has knowledge of a workplace violence concern, that does not involve imminent danger, the first action is to immediately report the concerns to their supervisor or to an Employee Relations Consultant in the Office of Human Resources (OHR) or to the Office of the Dean of Students (ODOS) (if a student is involved), as may be appropriate. If reported to a supervisor, the supervisor shall inform OHR or ODOS. The appropriate office will examine the situation, with caution and safety as primary concerns, and may seek additional assistance/guidance from other offices, including the Office of Title IX and Clery Compliance for any gender-based or sexual misconduct.

      3. The University Police, the Coordinator, Office of Human Resources, Office of the Dean of Students, or Office of Title IX and Clery Compliance shall notify the Threat Assessment Team (TAT) as soon as practicable upon learning of critical incidents and/or life-threatening situations.

      4. As a matter of university policy and North Carolina state law, any individual who reasonably suspects that a minor has experienced child abuse, neglect or a violent offense (per North Carolina General Statute § 14-318.6) by a parent, guardian, caretaker, peer, non-custodial adult or an employee has an absolute and immediate obligation to report that suspicion to law enforcement.

      5. The Threat Assessment Team will report any situation that precipitates mass communications or media contact, to the Office of University Relations (OUR) and otherwise comply with Policy 05.505 Crime Reporting, Timely Warning, and Emergency Response Procedures. The Office of University Relations (OUR) coordinates and manages all inquiries from the media and university responses about any incident of workplace violence.

8. Resources

   University administrators and supervisors will collaborate with the Office of Human Resources and the Office of the Dean of Students to offer victims of workplace violence appropriate support and resources. This support may include special accommodations for victims to enhance their safety in the workplace or learning environment, or discretionary approval of leave time for medical, court, or counseling appointments related to trauma and/or victimization.

   1. An employee who has been subjected to an incident of workplace violence will be provided with access to all available employee resources through the Office of Human Resources, including but not limited to the Employee Assistance Program (EAP), for such matters.

   2. A student who has been subjected to an incident of workplace violence will be provided with access to all available student resources, including but not limited to the University Counseling Center, Campus Advocacy, Resources, and Education (CARE), Office of Title IX and Clery Compliance, Office of the Dean of Students (ODOS), etc., for such matters.

9. Threat Assessment Team

   UNCW utilizes a Threat Assessment Team of trained university employees to evaluate and make related decisions and recommendations regarding certain threats of violence posed by employees or students to the UNCW campus.

   1. The Threat Assessment Team meets quarterly at a minimum, even in the absence of immediate workplace violence concerns. The purpose of the quarterly meetings is to discuss and review any ongoing cases, identify, and discuss training opportunities available for the Threat Assessment Team, and update related policies and procedures. The Associate General Counsel (AGC) in the Office of General Counsel coordinates these quarterly Threat Assessment Team meetings.

   2. Although there may be little if any warning of pending violence, the Threat Assessment Team has two subgroups who will convene to assess any reported threats of violence as follows:

      1. For Employees – The Employee Threat Assessment Team (ETAT) reviews threats posed by employees.

      2. For Students – The Student Threat Assessment Team (STAT) reviews threats posed by students.

   3. The Threat Assessment Teams are convened to review any reported threat of violence. The Teams use an established protocol to assess the potential for threats of violence. The protocols are followed, and each incident or concern reviewed by Threat Assessment Team is documented and summarized to include decisions made/actions taken.

   4. A determination that no threat has been established shall not prevent the Threat Assessment Team from reconvening to assess the same or a different incident involving the same individuals upon further development.

10. Record Retention

    All official confidential university records resulting from threat assessments conducted are retained as follows:

    1. HR Employee Relations maintains a confidential copy of the summary report documents from the threat assessments completed on employees.

    2. The Office of the Dean of Students maintains a confidential copy of the summary report documents from the threat assessments completed on students.

11. Remedial Action

    Remedial actions will depend on the severity and the nature of the incident. University authorities may direct a faculty member or a staff member who violates this policy to a management referral for fitness for duty or may refer the matter for disciplinary action in accordance with university procedures applicable to the individual's status as student, or to the employee's category of employment. Disciplinary action may include discharge from employment or suspension/expulsion of a student.

12. Retaliation Prohibited

    Acts of harassment or retaliation (adverse action) against any person who, acting in good faith, reports real or implied violent behavior, threats of violence, or other violations of this Policy are prohibited, and violators may be subject to disciplinary action.