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A10.01.05 Violence Prevention Involving College Employees

Effective Date: April 18, 2006

New: 

Replaced: April 20, 1999

Revision: X

Policy Statement

Scope of this Policy

Definitions

Responsibilities

Procedures/Rules Statements

Addendum - CHECKLIST FOR INVESTIGATING COMPLAINTS OF VIOLENCE INVOLVING COLLEGE EMPLOYEES

Policy Statement

Douglas College is committed to providing a learning and working environment that is free from violence or threat of violence. Any act of violence or threatening behavior is unacceptable and will not be tolerated. The College will promote working and learning conditions intended to eliminate the potential for incidents of violence to occur within its facilities or operations.

Scope of this Policy

  1. This policy shall apply to behaviors that involve a College Employee as perpetrator and/or victim of violence when those behaviors occur within the College Environment (as defined below) or where an employee involved in an incident of alleged violence is acting as an official College representative.

1. Other Policies

  1. Where behaviors may be considered as sexual harassment or personal discrimination, Policy A02.09.01, Sexual Harassment and Personal Discrimination shall apply.
  2. Where behaviors may be considered as inappropriate/disruptive and of a nonviolent nature, Policy A10.02.02 Standards of Student/User Conduct or Policy A10.02.01, Standards of Conduct Involving College Employees shall apply.
  3. Where behaviors are of a violent nature and occur within the College Environment (as defined below) and involve College Students/Users as both perpetrator and victim, Policy A10.01.06, Violence Prevention Involving Students/Users shall apply.

Definitions

  1. Violence

    2. (as defined by Workers? Compensation Board)

    Violence is the attempted or actual exercise by a person of any physical force so as to cause injury to a Douglas College Student, User or Employee. It includes any threatening statement or behavior that gives a College Student, User or Employee reasonable cause to believe that he/she or others are at risk of injury.

    A threat against a worker's family that is a result of the worker's employment is considered a threat against the worker. Incidents of Violence may not necessarily occur on Douglas College facilities. These incidents are considered workplace violence if they arise out of the worker's employment.

  2. Student

    3. Any individual utilizing Douglas College educational offerings (credit or non-credit).

  3. College Employees

    4. All those directly employed by Douglas College including those individuals employed by the College to instruct/supervise Douglas College Students in off campus settings.

  4. Users

    5. Individuals using College facilities or services, while they are present on a campus of Douglas College. This includes, but is not limited to, College contractors, individuals attending College events (such as athletic or performing arts events, or conferences), facility renters, and users of services such as the Cafeteria, Library or Student Services.

  5. College Environment

    6. Includes all Douglas College premises and any off campus sites utilized by Douglas College for instruction, practicum, co-op or work experience placements, and/or other environments in which the College employee is working as part of his/her position's responsibilities.

  6. Supervisor

    7. A person designated as a supervisor of other College Employees.

  7. Responsible Administrator

    8. The administrator responsible for the discipline/program, service area or work unit of the individual alleged to have engaged in an act of Violence. This would normally be a Dean/Director; however, in cases of complaints against an administrator it would be his/her supervisor. If the perpetrator of the alleged violence is a Student or User and the behaviors occurred in a public space at the College, the Director, Facilities Services would be the Responsible Administrator.

    The Responsible Administrator has authority, as delegated by the President, to suspend a student.

  8. Complainant

    9. The individual who has been impacted by the alleged incident of Violence and seeks resolution through a formal complaint process.

  9. Respondent

    10. The individual alleged as responsible for the alleged incident of Violence in a formal complaint.

  10. Occupational Health and Safety Committee

    11. The Committee established by the College at each campus in accordance with the Workers' Compensation Act ? Part Three, Division 4.

  11. Campus Security

    12. Campus Security, as referenced in this policy, refers to the security services company duly contracted by Douglas College to provide security services to the New Westminster and David Lam campuses of Douglas College.

  12. 12. Employee Accident / Injury / Incident / Investigative Report (EAIII Report)

    13. WCB required report that must be completed by the appropriate administrator for every alleged incident of Violence (as defined by this policy) that involves a College Employee, and must be submitted to the Employee Relations Department.

  13. Campus Security Incident Report

    14. The report that must be completed by Campus Security for every incident of Violence or inappropriate behavior that has required the intervention/attendance of Campus Security. This report is submitted to the Director, Facilities Services (or designate).

RESPONSIBILITIES

Douglas College

Douglas College will establish and maintain a Violence Prevention Program that will include, but is not limited to:

  1. risk assessment and management;
  2. providing education to all Employees regarding the Violence Prevention Policy;
  3. establishing procedures for reporting, investigating and documenting incidents of Violence in a prompt and sensitive manner and in accordance with Workers' Compensation Board regulations;
  4. notifying any Employees who may be exposed to the risk of Violence, of the nature and extent of the risk. This includes providing information about people who have a history of violent behavior whom Employees are likely to encounter in the course of their work;
  5. providing appropriate support for victims of Violence;
  6. determining and providing appropriate training for Employees;
  7. ensuring that appropriate corrective actions are taken in response to incidents of Violence;
  8. conducting an annual review to evaluate the effectiveness of the Violence Prevention Policy.

Campus Security

Security is responsible for receiving reports of any incidents of Violence or threatening behavior requiring immediate intervention. Security will take immediate action that may include, but is not limited to, any or all of the following:

  1. intervening with the individual(s) responsible for the Violent behavior;
  2. contacting the local police;
  3. contacting the Director, Facilities Services, or designate;
  4. completing the required Campus Security Incident report and submitting the report to the Director, Facilities Services (or designate).

Responsible Administrators/Supervisors

  1. On campuses with no Campus Security, or at off campus learning environments, the Responsible Administrator is responsible for receiving complaints/reports of any incidents of Violence or threatening behavior requiring immediate intervention. The Responsible Administrator will take immediate appropriate actions and will investigate the incident in accordance with this policy.
  2. The Responsible Administrator receives all complaints/reports of incidents of Violence not requiring immediate intervention and all Campus Security Incident Reports of Violence that involve individuals in his/her area of responsibility, and investigates the reported incidents in accordance with this policy.
  3. All College Employees engaged in a supervisory function are responsible for ensuring that all persons who are under their direction are properly trained in the safe performance of their duties and for ensuring that work is performed without undue risk. Responsible Administrators/ Supervisors will:
    1. establish and evaluate procedures and work environment arrangements specific to each department and ensure College Employees are informed of pertinent procedures and policies;
    2. conduct and document periodic risk assessments and annual reviews;
    3. inform Employees of the nature and extent of any known risks of Violence;
    4. advise Employees reporting any injury or adverse symptoms as a result of an incident of workplace Violence, to consult a physician of the Employee's choice for treatment or referral, and inform that worker of the availability of the Employee Assistance Program;
    5. assist in the investigation of any Violent incident and ensure that any corrective action is taken without undue delay;
    6. arrange scheduling to minimize the likelihood of somebody working alone or, if not feasible, provide a means of periodically checking the well-being of the employee.


  4. The Responsible Administrator will ensure that an EAIII Report form is completed and a copy of the report is submitted to Employee Relations following an incident of Violence.
  5. The Responsible Administrator, in consultation with the Associate Vice President, Employee Relations, may delegate the formal investigation of a complaint to an external investigator. In such cases, the report of the external investigator shall be submitted to the Responsible Administrator with a copy to the Associate VP, Employee Relations.

Employee Relations Department

The Employee Relations Department:

  1. receives all Employee Accident / Injury / Incident/Investigative (EAIII) Reports and maintains appropriate records of such reports;
  2. consults with and advises any Responsible Administrator who is responsible for a Violence complaint investigation involving a College employee;
  3. receives and maintains records of all applicable orientation and training of College Employees;
  4. provides appropriate information on all incidents of Violence involving College Employees to the Occupational Health and Safety Committee.

Employees

Each Employee of Douglas College assumes the responsibility of complying with the Workers? Compensation Board Regulations. Employees will:

  1. follow procedures and participate in making the working environment safe;
  2. report any incidents of Violence or threatening behavior requiring immediate intervention to Security;
  3. report any incidents of Violence not requiring immediate intervention to their immediate supervisor;
  4. assist the Responsible Administrator/Supervisor in completing an Incident Form;
  5. take precautions necessary for their own protection.

Occupational Health and Safety Committee

The members of the committee will:

  1. assist in the development and annual audit of the Douglas College Violence Prevention Policies;
  2. where appropriate, assist in conducting follow-up to ensure corrective action is taken.

PROCEDURES/RULES STATEMENTS

A. RISK MANAGEMENT

  1. The Director, Facilities Services will ensure that risk assessments are conducted for all areas and all campuses of Douglas College to identify the degree to which any Douglas College Employee is exposed to the risk of work-related Violence.
  2. The Director, Facilities Services will ensure that a risk assessment will be conducted for new construction, major renovations and immediately following an incident of Violence.
  3. The Director, Facilities Services will implement facilities-related changes found necessary to avoid incidents of Violence.
  4. The Senior Management Team will implement changes to policies, procedures and practices found necessary to avoid incidents of Violence.

B. INCIDENT REPORTING AND INVESTIGATION

1. Any person observing or the victim of Violence that requires immediate intervention must promptly inform Campus Security or, at locations where there are no Campus Security staff, the Responsible Administrator. Security or the Responsible Administrator will take immediate action including, but not limited to, any of the following:

  1. intervening with the individual(s) responsible for the Violent behavior and asking that the individual(s) cease the behaviors;
  2. requiring the individual(s) to leave that environment and/or the College if they do not cease the behaviors;
  3. contacting the local police where appropriate;
  4. contacting the Associate Vice President, Employee Relations, or designate;
  5. contacting the Director, Facilities Services, or designate.

A copy of any Campus Security Incident Report involving violence will be provided to the appropriate Responsible Administrator, for investigation as per this policy.

2. Any person observing, knowledgeable of, or the victim of Violence or threat of Violence, not requiring immediate intervention, will notify the Responsible Administrator, and will assist in the completion of an Incident Report.

3. Once notified of Violence, as per 1 or 2 above, the Responsible Administrator (or designate), will determine the validity and seriousness of the complaint and where the behaviors, as described, constitute Violence under this policy, he/she will immediately initiate a formal investigation. Where the behaviors as described do not constitute Violence as defined by this policy, the complaint or incident report may be dealt with under another College Policy.

Where Respondent is a College Employee

4. Where the Respondent to the complaint is a College Employee, the Responsible Administrator in Consultation with the Associate Vice President, Employee Relations, or designate, will notify the Respondent of the complaint and the initiation of a formal investigation and take appropriate action that may include:

  1. notifying the Respondent to cease any behaviors as described;
  2. in the event of a major incident or repeat offences by a College Employee, suspending the Employee, or restricting access to specific College facilities, pending the outcome of the investigation.

5. When an employee responsible for Violence has been directed by security or by a Responsible Administrator to leave the College, he/she will be informed that he/she is temporarily suspended and restricted from accessing College premises, pending an investigation by the Responsible Administrator in consultation with the Associate Vice President, Employee Relations.

Where Respondent is a Student/User

6. Where the Respondent to the complaint is a Student/User, the Responsible Administrator in consultation with the Associate Vice President, Employee Relations, or designate, will notify the Respondent of the complaint and of the initiation of a formal investigation and take appropriate action that may include:

  1. notifying the Respondent to cease any behaviors as described;
  2. restricting access for the Student/User from any specific area of the College;
  3. in the event of a major incident or repeat offences, restricting access of the Student/User from all College facilities pending the outcome of the investigation.

Investigation

7. Upon receipt of a complaint of Violence or a Security Incident Report involving Violent behavior that involves College Employees, the Responsible Administrator will immediately initiate an investigation and notify the following:

  1. Associate Vice President, Employee Relations.
  2. The Supervisor of the area where the incident occurred (as appropriate).

8. The Responsible Administrator will consult, and work in collaboration with the Employee Relations Department before any meeting with an Employee alleged as responsible for Violence. The Responsible Administrator will meet individually with the Complainant, the Respondent and/or other witnesses to the behaviors under investigation. All allegations of Violence will be investigated in a prompt, objective and procedurally fair manner. It is noted that in any investigative meetings between the Responsible Administrator and an Employee who is represented by a Collective Agreement that the employee has the right to representation and access to all provisions under the appropriate Collective Agreement.

9. Where the Respondent is an Employee and the investigation determines that the behaviors constitute Violence, the Responsible Administrator shall consult with Employee Relations regarding appropriate disciplinary remedy. Such disciplinary actions may be grieved under the appropriate Collective Agreement, or where the employee is not represented by a Collective Agreement, may be appealed to a Vice President as per the Policy?s Appeals Procedure.

10. Where the Respondent is a Student/user and the investigation determines that the behaviors constitute Violence, as defined by this policy, the Respondent will be informed that he/she is suspended and/or restricted from accessing College facilities for a period of not less than one year. Such disciplinary decisions may be appealed to a Vice President as per the Policy?s Appeals procedure.

11. Where the Violent behavior takes place at an off campus location (e.g. practicum or worksite), the Responsible Administrator will pursue appropriate action and investigation with the appropriate level of administration for that off campus setting.

12. Where a formal investigation takes place, the Responsible Administrator shall notify the complainant and the Respondent of the outcome of the investigation. A copy of the investigative report will be provided to the Associate Vice President, Employee Relations.

13. Where an investigation determines that a complaint of Violence was frivolous, vexatious or vindictive in nature the College may take appropriate disciplinary action against the Complainant.

14. The investigation will be conducted in accordance with Workers? Compensation Board (WCB) OH&S Regulations and Workers? Compensation Act. This will include the Associate Vice President, Employee Relations (or designate), notifying the Occupational Health and Safety Committee of all incidents of Violence impacting on College Employees, with details as appropriate.

15. If the behavior is illegal, the Associate Vice President, Employee Relations, will file a report with the appropriate police department and provide a copy to the Responsible Administrator. In any case, any threatened individual has the right to contact the police directly. The police may independently take action as they deem appropriate.

C. PROCEDURAL FAIRNESS

  1. The College will deal with any allegation of Violence in a procedurally fair, unbiased and timely manner. Complainants and Respondents (the Parties) shall be advised of the procedures available to them and will be provided with a copy of the applicable policy.
  2. During the investigation, the Parties shall be advised of all allegations and responses and shall be accorded reasonable opportunity to provide comments in support or defense of their own positions. Both the Complainant and the Respondent have a reasonable right to view and respond to any information gathered during the investigation that is utilized in determining a finding that Violence, as defined by this policy, has occurred.
  3. For a complaint to be considered under this policy, it must be submitted immediately or as soon as possible after the alleged incident of Violence. If the Complainant submits evidence that there is reasonable cause for an extension to time limits the Responsible Administrator may grant such an extension.

D. INTERIM RELIEF

Notwithstanding any of the above procedures, the College President, or Responsible Administrator, may take whatever interim disciplinary actions he/she considers necessary to protect the safety of College Employees, Students and Users and/or to prevent damage to College property, pending completion of an investigation. He/she may communicate steps taken to provide such interim relief, and/or information on threats of Violence, to any impacted Employees.

E. APPEALS

Any appeal must provide specific grounds for the appeal, indicating that critical evidence was missing, policy was incorrectly applied or the disciplinary decision did not apply the principles of natural justice.

If disciplinary actions, pursuant to this policy, are imposed on a College Employee, the decision may be grieved through the language of the appropriate Collective Agreement or through the Terms and Conditions of Employment for Excluded Employees.

Where the Respondent is a Student/User or an Employee not represented by a Collective Agreement or Working Conditions Document, the decision may be appealed to a Vice President other than the Vice President to whom the investigating Responsible Administrator reports. That Vice President will appoint an appropriate Responsible Administrator (from outside the Division of the original investigating Responsible Administrator) and they will together constitute an Appeals Committee to consider the appeal.

Where disciplinary action results in the suspension of a student/user, or an employee not represented by a Collective Agreement or Working Conditions Document, and the disciplinary decision is upheld through an appeal to the Vice President, that decision may be appealed to the College President, who has final authority, as delegated by the College Board.

An appeal must be made in writing, within ten working days of the date the individual is informed of the outcome of the investigation and the disciplinary action determined by the Responsible Administrator and/or the date the decision has been upheld through an appeal to the Vice President.

F. COMMUNICATIONS

  1. At the discretion of the President, in consultation with the Associate Vice President, Employee Relations, where disciplinary action results in suspension or expulsion of a Student/User for Violent behavior, notification including the name of the Student/User may be provided to impacted departments and to the College community where deemed appropriate.
  2. At the discretion of the President, in consultation with the Associate Vice President, Employee Relations, where disciplinary action results in suspension/termination of an employee for Violent behavior, notification including the name of the employee will be provided to departments on a need to know basis, and may be provided to the College community where deemed appropriate.

G. RESPONSIBILITY FOR ACTIONS

  1. Individuals shall be held responsible for their actions whether acting individually or in a group and ignorance of College policies or regulation will not absolve the individual(s) of responsibility.
  2. All behaviors which may be reasonably perceived as threatening the safety/well-being of others, whether intended as facetious or not, will be dealt with as real, and appropriate disciplinary action will be taken.

H. EDUCATION AND AWARENESS

  1. A manual for investigative procedures will be developed by the College, and training on appropriate investigative procedures will be provided to all Responsible Administrators.
  2. The Director, Facilities Services will ensure that a College safety/procedures manual is available to Employees, Students and Users of the College.
  3. The Director, Facilities Services shall ensure that the results and recommendations of Risk Assessments are available to Employees.
  4. Douglas College will provide appropriate training on prevention of Violence to all Employees. This training will be facilitated by the Employee Relations Department.
  5. Employees will be informed of this Policy and of College Conduct Policies through employee orientations, and by awareness/training/educational opportunities.
  6. Employees who are targets of threats to personal safety shall have access to support services through the College Employee Assistance Program or be referred to community agencies, as appropriate.
  7. Information on any serious incident on College premises will be appropriately distributed to the College community by the Associate Vice President, Employee Relations (or the Responsible Administrator/Supervisor at locations other than the New Westminster or David Lam Campus).
  8. The Associate Vice President, Employee Relations or designate will prepare statistical reports of campus security incidents involving employees and circulate such reports via the Health and Safety Committee and Senior Management Team.

Addendum - CHECKLIST FOR INVESTIGATING COMPLAINTS OF VIOLENCE INVOLVING COLLEGE EMPLOYEES

This document is not intended as an investigation procedure manual but provides a checklist for the important steps that must be part of every investigation of a formal complaint of violence.

The Responsible Administrator, in consultation with the Associate Vice president, Employee Relations, may delegate the formal investigation to an outside investigator, where appropriate. In such cases, a copy of the appropriate policy and this checklist will be provided to the investigator.

All investigation must include (but are not limited to) the listed actions.

The Responsible Administrator (or designate) must work in collaboration with the Employee Relations Department and keep them fully informed on the initiation, process and outcome of the investigation. He/she will:

  1. Receive the complaint of alleged violence from individuals impacted by, or witness to, incidents of Violence, or receive a copy of Campus Security Incident Report or the WCB EAIII Report.
  2. Contact the Associate Vice President, Employee Relations (or Designate). Notify ER of the receipt of the complaint and the initiation of an investigation and ensure an EAIII Report has been completed and sent to Employee Relations (WCB requirement).
  3. Inform the Respondent of the complaint and the initiation of a formal investigation. Ensure that the Respondent receives a copy of College Policy A10.01.05 Violence Prevention Involving College Employees and receives a written copy of the complaint with pertinent information. This is usually best done during the first meeting with the Respondent.
  4. Inform the Complainant of the initiation of the formal investigation and of any interim relief steps implemented (if applicable).
  5. If other College Employees were impacted by the incident of Violence, inform them of the initiation of the investigation, and steps for interim relief (where applicable) and inform them they may be requested to give statements as witnesses.
  6. Meet with the Complainant, the Respondent and other witnesses to the incident(s) being investigated.
  7. Keep accurate records of all steps taken as part of the investigation including a log of telephone calls and participants, times and locations for all interviews. Keep accurate written interview notes.
  8. Ensure Procedural Fairness requirements are met as required by the policy and as noted at the end of this checklist.
  9. At the completion of the investigation, write the investigative report. It must include all pertinent information from the investigation, plus a clear statement of whether the incident investigated has, or has not, been determined as Violence as defined by College policy. A copy of this repot must be sent to the Associate Vice President, Employee Relations. He/she will maintain a central file of all incidents of Violence perpetrated by Students/Users.
  10. Where the investigation determines that a College Employee has perpetrated any actions of Violence as defined by College policy, the Responsible Administrator must consult with Employee Relations to determine the appropriate disciplinary actions that shall be taken.
  11. Where the investigation determines that a Student/User has perpetrated any actions of Violence as defined by College policy, the Responsible Administrator will inform the Respondent that he/she is suspended and/or restricted from accessing College premises for a period of not less than one year.
  12. At the completion of the investigation, the Complainant and Respondent must be informed in writing of the finding of the investigation.
  13. Where other College Employees were impacted by the incidents under investigation the Responsible Administrator, after consultation with Employee Relations, may inform them of the finding of the investigation, as appropriate.