UCLA Policy 132: Workplace Violence Prevention

Issuing Officer: TBD
Responsible Dept: TBD
Effective Date: TBD
Supersedes: UCLA Workplace Violence Prevention Policy, dated 4/24/1998
 

                                                        I.     PURPOSE & SCOPE
                                                        II.   DEFINITIONS
                                                        III.  POLICY STATEMENT
                                                        IV.   REPORTING PROCEDURES
                                                        V.    ROLES & RESPONSIBILITIES
                                                        VI.  ADDITIONAL CAMPUS RESOURCES
                                                        VII. REFERENCES


I.     PURPOSE & SCOPE

UCLA is committed to providing a safe work environment for faculty, staff, students, and visitors – one that is free from Violent Behavior and Threats of harm. UCLA prohibits Violent Behavior and Threats of harm affecting the workplace and such behavior violates both law and University Policy. This Policy defines the scope of Workplace Violence, identifies unacceptable behavior that will be treated as a violation of this Policy, and establishes the process to report these behaviors. This Policy applies to all members of the University community, including faculty and other academic personnel, staff, students, volunteers, contractors, and visitors.

II.    DEFINITIONS

For the purposes of this Policy:

Workplace Violence includes a spectrum of behaviors that generate a reasonable concern for safety, whether the behavior occurs on- or off-campus, where a link exists between the behavior and the physical safety of employees and others (such as volunteers, contractors, and visitors).

Workplace Violence behavior includes:

• Disruptive Behavior is conduct that prevents normal campus activities or workplace functions, and may act as “warning signs” to possible violence, including but not limited to, threatening verbal outbursts, excessive displays of anger, vandalizing University property, or any behavior that instills reasonable fear or generates sufficient evidence for concern that a person might act out violently.
• Domestic Violence is abusive or Violent Behavior between individuals who have an ongoing or a prior intimate or family relationship that may pose a threat to the workplace, this includes dating violence.
• Stalking is behavior in which a person repeatedly engages in a course of conduct directed at another specific person, who places that person in reasonable fear of his or her safety or the safety of others. Stalking encompasses the use of technology to commit this behavior.
• Threat is any physical, written, or verbal conduct, whether direct, indirect or conditional, that conveys intent or is reasonably perceived to convey intent to cause physical harm or to place someone in fear of his or her safety or the safety of others.
• Violent Behavior involves physically aggressive acts against a person or a physical action intended to damage property.

III.    POLICY STATEMENT

UCLA maintains zero tolerance for Workplace Violence. The University will respond promptly to all reports of Workplace Violence, and will take appropriate action to prevent, correct, and if necessary, discipline behavior that violates this Policy. Any faculty, staff, student, volunteer or visitor found to commit or threaten acts of Workplace Violence is in violation of this Policy and will be subject to disciplinary actions under University policies or as applicable, collective bargaining agreements, and may be subject to criminal prosecution.

Any  member of the UCLA community who is subjected to, witnesses or has knowledge of Workplace Violence or actions that could be perceived as violent or threatening, or has reason to believe that such actions may occur,  is  strongly encouraged to immediately report such actions to the appropriate authorities, as outlined in this Policy.

It is prohibited for any person to bring or possess a loaded or unloaded firearm or other weapon on UCLA campus or other off-campus property, owned or operated by the University; or any area adjacent to such property; or to an official activity of or program conducted by the University, unless such use or possession is with the written permission of the UCLA Police Chief (see UCLA Policy 131, Weapons on Campus). All criminal conduct shall be reported immediately to the UCLA Police Department.

Retaliation
This Policy prohibits retaliation against any person who reports Workplace Violence in good faith, assists someone with a report of Workplace Violence, or participates in any manner in an investigation or resolution of a Workplace Violence report. The University’s Whistleblower Protection Policy, including provisions regarding retaliation applies in this context.

The University will defend and indemnify University employees, acting within the scope of their employment, in any civil action arising from a good faith report of Workplace Violence consistent with this Policy.

Temporary Restraining Order (TRO) or Injunction
A University community member who has suffered unlawful violence (i.e., assault, battery, or stalking as prohibited in California Penal Code 646.9) or a credible threat of violence reasonably likely to be carried out in the workplace (See California Civil Procedure Code 527.8) and is seeking to obtain or has obtained a TRO or injunction shall notify UCPD. If you need information about obtaining a Workplace Violence TRO or injunction, call UCPD and/or the UCLA Behavioral Intervention Team (BIT) Coordinator at (310) 794-0422. For members of UCLA Health System, contact your human resources representative or the Admin. Director of Emergency Preparedness, Safety, and Security Services at (310) 267-7125. UCLA understands the sensitivity of this information and will treat it with appropriate discretion and confidentiality as permitted by law.   

IV. REPORTING PROCEDURES

All members of the UCLA community are strongly encouraged to promptly report Workplace Violence to the appropriate authorities as outlined in the table below.

V.    ROLES AND RESPONSIBILITIES

Safety and security in the University workplace environment are the responsibility of every member of the UCLA community. Specific responsibilities are assigned in order to implement and ensure compliance with this Policy.

A.  All Members of the University Community
All members of the University community are strongly encouraged to report incidents of Workplace Violence as outlined in this Policy, and utilize campus resources and training on preventing Workplace Violence.

B.  Managers and Supervisors
Managers and supervisors are responsible for the following:

• Informing employees and other campus community members associated with the department of this Policy and required compliance;
• Notifying employees of campus resources and training on preventing Workplace Violence; and 
• Reporting incidents of Workplace Violence as outlined in this Policy.

C.  UCLA Behavioral Intervention Team (BIT)
BIT was established to provide oversight, monitor trends, and develop programs to deal with Workplace Violence issues. Members of BIT include:

• UCLA Police Department
• Staff & Faculty Counseling Center
• Insurance & Risk Management
• Campus Human Resources – Employee Relations 
• Health System Human Resources – Employee Relations
• Office of  Legal Affairs
• Academic Personnel– (Faculty)

BIT responsibilities include:

• Developing and implementing this Policy;

• Managing all reports of Workplace Violence;

• Assisting managers and supervisors in managing risks and interpreting warning signs;

• Developing an action plan for handling potentially violent situations;

• Providing resources to use in threatening situations; and

• Providing options for obtaining post-incident assistance.

VI.    ADDITIONAL CAMPUS RESOURCES

VII. REFERENCES

1. UC Statement of Ethical Values and Standards of Ethical Conduct
2. UCLA Policy 131, Weapons on Campus 
3. Faculty Code of Conduct
4. Academic Personnel Manual
5. Personnel Policies for Staff Members
6. UCLA Student Code of Conduct
7. UC Sexual Harassment and Sexual Violence Policy 
8. UCLA Policy 136: Reporting Child Abuse and Neglect
9. UC Whistleblower Policy
10. American National Standard – Workplace Violence Prevention and Intervention
11. California Code of Civil Procedure Section 527.8
12. California Code of Civil Procedure Section 527.6
13. Domestic Violence Employment Leave act CAL Labor Code 230.1
14. The Federal Equal Employment Opportunity Commission (EEOC)
15. California Department of Fair Employment and Housing (DFEH)
16. Hospital System Policy 7313, Disruptive Behavior Among Employees