A10.01.06 Violence Prevention Involving Students/Users

Effective Date: April 18, 2006	New:
Replaced: April 20, 1999	Revision: X

Policy Statement

Scope of this Policy

Definitions

Responsibilities

Procedures/Rules Statements

Interim Relief

Appeals

Communications

Responsibility for Actions

Education and Awareness

Addendum - CHECKLIST FOR INVESTIGATING COMPLAINTS OF VIOLENCE INVOLVING STUDENTS/USERS

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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 Students/Users as both the perpetrator and victim of Violence when those behaviors occur within the College Environment (as defined below).

2. 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 Employees as either perpetrator and/or victim, Policy A10.01.05, Violence Prevention Involving College Employees shall apply.

Definitions

1. 1. Violence

(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.

2. 2. Student

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

3. 3. College Employees

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. 4. Users

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. 5. College Environment

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 Student is placed as part of the course or program in which he/she is registered.

6. 6. Responsible Administrator

The administrator responsible for the course, discipline, program, service area or environment in which an incident of Violence has been reported. In instructional/service areas this would normally be a Dean/Director. In public space at the College, this would normally be the Director, Facilities Services.

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

7. 7. Complainant

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

8. 8. Respondent

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

9. 9. Campus Security

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 the David Lam Campuses of Douglas College.

10. 10. Campus Security Incident Report

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 orientation to College policies regarding conduct/violence to all students;
3. establishing procedures for reporting, investigating and documenting incidents of Violence in a prompt and sensitive manner;
4. providing appropriate support for victims of Violence;
5. ensuring that appropriate corrective actions are taken in response to incidents of Violence.

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 Administrator

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. The Responsible Administrator, in consultation with the Director, Facilities Services, 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 Director, Facilities Services.

PROCEDURES/RULES STATEMENTS

Incident Reporting

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 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.

Investigation

4. Upon receipt of a complaint of Violence or a Security Incident Report involving Violent behavior, the Responsible Administrator will consult with and work in collaboration with the Director, Facilities Services, or designate. The Responsible Administrator 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. restricting access for the Student/User from any specific area of the College;
3. in the event of major incident, or repeat offenses, suspending the Student and restricting access of the Student/user from all College facilities, pending the outcome of the investigation.

5. The Responsible Administrator will meet individually with the Complainant, the Respondent and/or other witnesses to the behaviors under investigation. Where the Complainant, Respondent and/or witnesses are not College Students, they will be contacted where feasible. All allegations of Violence will be investigated in a prompt, objective and procedurally fair manner.

6. 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.

7. Where the investigation determines that the behaviors constitute Violence and the Respondent is a Student/User, they will be informed that they are suspended and restricted from accessing College premises for period of not less than one year. Such disciplinary decisions may be appealed to the appropriate Vice President as per the Appeals Procedures.

8. Where a formal investigation takes place, the Responsible Administrator shall provide a summary of the results of the investigation to the Director, Facilities Services, who will maintain a central file of incidents involving Student/Users.

9. The Responsible Administrator will notify in writing the Complainant and the Respondent of the outcome of the investigation.

10. 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.

11. If the behavior is illegal, the Director, Facilities Services will file a report with the appropriate police department and provide a copy to the appropriate 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.

PROCEDURAL FAIRNESS

1. The College will deal with any allegations 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.

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 Students/Users and/or prevent damage to College property pending completion of the investigation. He/she may communicate steps taken to provide such interim relief and/or information on threats of Violence, including names of the Respondents, to any impacted Employees.

APPEALS

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

Any disciplinary actions imposed pursuant to this policy, must 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 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.

All appeals must be made in writing, within ten working days of the date the Student/User is informed of the outcome of the investigation and the disciplinary decision of the Responsible Administrator and/or the date the decision has been upheld through an appeal to the Vice President.

COMMUNICATIONS

At the discretion of the President, in consultation with the Director, Facilities Services, 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.

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 regulations 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 may be taken.

EDUCATION AND AWARENESS

1. A manual on 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 Students, Employees and Users of the College.
3. Students will be informed of this policy through notices in publications such as the College Calendar, Student Handbook, Student Newspaper, Brochures, and through Student Orientations and Workshops.
4. Information on any serious incident on College premises will be appropriately distributed to the College community by the Director, Facilities Services (or the Responsible Administrator/Supervisor at locations other than the New Westminster or David Lam Campuses).
5. The Director, Facilities Services or designate will prepare statistical reports of campus security incidents and circulate such reports via the Health and Safety Committee and Senior Management Team.

Addendum - CHECKLIST FOR INVESTIGATING COMPLAINTS OF VIOLENCE INVOLVING STUDENTS/USERS

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 Director, Facilities Services, 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 investigations must include (but are not limited to) the listed actions.

The Responsible Administrator (or designate) should inform and consult with the Director, Facilities Services during the investigation. The Responsible Administrator 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.
2. Inform the Respondent of the complaint and the initiation of a formal investigation. Ensure that the Respondent receives a copy of College Policy A10.01.06 Violence Prevention Involving Students/Users and receives a written copy of the complaint with pertinent information. This is usually best done during the first meeting with the Respondent.
3. Inform the Complainant of the initiation of the formal investigation and of any interim relief steps implemented (if applicable).
4. If 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.
5. Meet separately with the Complainant, the Respondent and other witnesses to the incident(s) being investigated.
6. 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.
7. Ensure Procedural Fairness requirements are met as required by the policy and as noted at the end of this checklist.
8. 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 report must be sent to the Director, Facilities Services who will maintain a central file of all incidents of Violence involving only Students/Users.
9. At the completion of the investigation, the Complainant and Respondent must be informed in writing of the finding of the investigation.
10. 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.
11. Where College Employees were impacted by the incidents under investigation the Responsible Administrator may inform them of the finding of the investigation, as appropriate.