UNIVERSITY of HOUSTON MANUAL OF ADMINISTRATIVE POLICIES AND PROCEDURES SECTION: AREA: Human Resources Number: 02.04.0408.01 Employee RelationsGeneral Administration SUBJECT: I. Violence in the Workplaceon Campus PURPOSE AND SCOPE This document describes the University of Houston’s (university) position on violence and threats of violence in university facilities and identifies university resources and programs to deal with such eventualities. The explicit goals of this document and the programs it describes are to protect people and property, reduce fear and stress, return maintain the workplace and classroom to as a productive and safe environment, and establish a consistent process for responding to violence or behavior of concern and managing incidents of violence or behavior of concern threatened violence at the University of Houston. This document also defines and describes the processes to be followed in responding to threats of violence and managing incidents of threatened violence. It applies to all facilities of the University of Houston and all faculty, staff, students, and visitors, and contractors who are on to the university’s campus. This document also applies to incidents involving university employees or students at other locations when they are participating in a university-sponsored activity. Alleged incidents involving sexual misconduct, domestic violence, dating violence, or stalking as defined in the Sexual Misconduct Policy will be handled in accordance with the Sexual Misconduct Policy (SAM 01.D.08), as well as by the UH Department of Public Safety (UH DPS), as appropriate. II. POLICY STATEMENT The University of Houston seeks to provide a safe environment for learning and work. In pursuit of that goal, university administration finds violence and threats of violence unacceptable. To foster a safe and supportive working/learning environment, the university provides police services and intervention, and -- where it is deemed appropriate -- counseling, training, and education about violence and prevention of violence for employees and students. This document outlines the mechanisms and offices through which these services are provided.[BJE1] III. DEFINITIONS A. Threat: Words and/or actions that create a reasonable perception that there is intent to physically harm persons or property.[BJE2] An intent and ability to inflict physical or other harm on any person or self or on property. Threats may be oral, written, or physical and typically fall into three categories: Direct, Conditional, or Veiled. Direct - Threats against a specific target, sometimes describing methods for committing violence. Conditional - Threats that are contingent upon a certain set of circumstances (often uses the "if" term). Veiled - Threats that are vague and subject to multiple interpretations. July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 1 of 7 A. B. IV. Violence: [BJE3]Exertion of physical force so as to injure, abuse, or damage persons or property Violence and behaviors of concern: Includes, but is not limited to, verbal or non-verbal behavior that can be construed as intimidating, threatening or hostile, physical or verbal abuse, harassment, stalking, vandalism, arson, sabotage, use of weapons, unlawful possession of weapons on university property, the threat of any of the above, or any other act inconsistent with this policy.. POLICY PROVISIONS It is a violation of the law to touch another person in an unwelcome way with the intent to harm or to threaten to do so if one has the present ability to perform the act threatened. [BJE4]Threatening, intimidating, or assaulting of any person on campus university employees, students, or visitors by other employees, students, or visitors will not be tolerated. A. It is a violation of the law, and of this policy, to intentionally, knowingly, or recklessly cause physical harm to another person; to intentionally or knowingly threaten someone else with physical injury, or to touch another person in a way the individual knew would be considered offensive or provocative. [Penal Code 22.01] A.B. The University of Houston will not tolerate physical or non-physical acts of violence or behaviors of concern. All alleged violations of this policy will be promptly reviewed to determine whether further investigation is necessary. B. Firearms, illegal knives, clubs, and prohibited weapons are not allowed in or on university property. It is a felony to possess firearms in or on university property.It is unlawful for a July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 2 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 person to intentionally, knowingly, or recklessly possess or go with a firearm, illegal knife, club, or prohibited weapon (listed in Texas Penal Code § 46.05(a) as an explosive weapon, machine gun, short-barrel firearm, firearm silencer, switchblade knife, knuckles, armor-piercing ammunition, chemical dispensing device, and zip gun) on the physical premises of the University of Houston. See Texas Penal Code § 46.03 and § 46.05(a).[BJE5] This policy also prohibits all firearms and other weapons defined as prohibited by the Texas Penal Code on property owned or occupied by the university, except as permitted by Chapter 52, Subchapter G of the Texas Labor Code and Chapter 411, Subchapter H of the Texas Government Code. C. University administration will provide police services and take other action, as appropriate, to address campus violence and other behaviors of concern. University will also --where appropriate-- will make counseling, direction, training, and education regarding violence, threats of violence, and violence prevention available to managers, employees, and students. University offices and officials with primary roles in responding to matters of campus violence in meeting these needs include: Senior Vice President for Office of Academic Affairs and Provost Dean of Students’ Office Division of Student Affairs Administration and Finance University Advancement[BJE6] Assistant Vice President for Human Resources Employee Assistance Program (EAP)/Counseling and Psychological Services (CAPS) Office of the General Counsel University of Houston Police DepartmentDepartment of Public Safety (UHPDUH DPS) D.To supplement and enhance the services of these university offices, the following work groups shall will be created and available as needed to deal with threats and incidences of violence at the universityThe following teams may coordinate the assessment of any situation where there is a concern for risk of potential threat or violence and/or provide additional assessment of situations to determine if further resources and actions are needed. Threat of Violence Advisory Team (TOVAT) Team: A team representing the appropriate offices from those listed above that will convene quickly at the discretion of the Chief of Police or designee to provide direction in response to acts or communications constituting threats of violence. This team will determinemay assist in determining: The existence of a serious threat The scope of security required July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 3 of 7 Violence in the Workplaceon Campus DE. MAPP 02.04.0408.01 - The need for counseling and/or training - Recommendations concerning continued employment/enrollment The need to involve other law enforcement agencies Conduct Assessment and Response Team (CART): A team representing the appropriate offices from those listed above, and others, that will convene quickly in response to an incident report or other information presented regarding students of concern, [MAPP 13.01.02][BJE7] Campus Crisis Response Team: UHPD, individuals, and outside resources working toward the safe resolution of a violent situation. Trauma Resolution Team (TRT): A team directed by the assigned staff person from the EAP CAPS to provide counsel referrals for counseling resources for individuals who experiencefor trauma resulting from acts or threats of violence at the university. The Department of Public Safety should be kept informed of acts of violence and potential violence at the university. Every employee or student who is contacted about or has knowledge of a threat of violence or a violent act at the university or while on university business should immediately contact UHPDthe Department of Public Safety. , July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 4 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 who will respond in accordance with this document, as well as the Department of Public Safety policies and procedures. The Department of Public Safety will promptly submit incidents reports to the Dean of Students Office, as appropriate, in all cases involving students. In all cases, UHPD should be kept informed of acts of violence and potential violence at the university. EF. V. Violation of this document policy may result in disciplinary action, up to and including termination, expulsion from schoolthe university, being escourted off campus, being issued a criminal trespass warning,and/or criminal charges. PROCEDURES - GENERAL The University of Houston responds to real, threatened and potential acts of violence or behaviors of concern through the following means: Protection: UHPD’s The Department of Public Safety’s objective is to provide a safe and protected environment for people and property at the University of Houston. In addition to law enforcement services, the department provides police escorts, surveillance, vehicle assistance, and handicapped assistance to employees, students, and visitors; crime prevention programs,; and money transfers. Education and training: CAPS and/or Human Resources, in consultation with CART and/or the TOVAT Team, as appropriate, will periodically provide training programs and individual counseling to managers and supervisory personnelemployees, and students, and to other employees on violence-related subjects -- prevention of and response to violence and threats of violence, stress management, and conflict resolution dealing with difficult people. Prevention: The university services described herein in this document seek to prevent acts of violence at the university through training and intervention. Intervention and crisis management: Through CART and/or the TOVAT Team and other task forces described herein, training, intervention, and crisis management services are will be provided when threats or actual acts of violence or behaviors of concern occur at the university. Follow-up: The TRT will be available to provide support and counselto employees and students following acts of violence at the university. Investigations: Suspected criminal conduct prohibited by this policy will be investigated by the UH Department of Public Safety. Conduct that may also be a violation of the Sexual Misconduct Policy [SAM 01.D.08], will also be investigated by the Office of Equal Opportunity Services. Human Resources will investigate matters involving employees who are alleged to have committed violent acts or engaged in behavior in violation of this policy. The Dean of Students Office will investigate matters involving students who are alleged to have committed violent acts or engaged in behavior in violation of this policy. Investigations: Conduct prohibited by this policy where the conduct is potentially criminal in nature will be investigated by the UH Department of Public Safety (with exception of conduct that may be a violation of the Sexual Misconduct Policy [SAM 01.D.08], in which case the Department of Equal Opportunity Services will also investigate the matter). Conduct prohibited by this policy that is not July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 5 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 potentially criminal in nature and is not a potential violation of the Sexual Misconduct Policy will be investigated by the Dean of Students’ Office for alleged improper acts by a student, and by Human Resources for alleged improper acts by a UH faculty or staff member. VI. THREATS OF VIOLENCE A. Immediate threats or acts: A university employee, student, or visitor experiencing or aware of a threat or act of violence should immediately contact UHPD the Department of Public Safety by calling 911 or 713-743-3333, or, depending upon the urgency, the UHPD Department of Public Safety’s regular number, 713-743-0600. July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 6 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 When inEven if in doubt about the urgency of the threat of violence, UHPD the Department of Public Safety should still be contacted, and the Chief of Police or designee will determine whether to immediately assemble the CART or TOVAT. B. Less immediate threats: When an manager or other employee or student is faced with or aware of a situation in which a less immediate threat of violence may exist, the matter should be referred immediately to the appropriate responsible office. It is always an appropriate option to contact UHPDthe Department of Public Safety to ensure that the matter is not an immediate threat., but in less immediate situations, the following offices are also prepared to act as resources. If the less immediate threat of violence involves: - Faculty -– Contact the Senior Vice President forOffice of Academic Affairs and Provost - Staff -– Contact Assistant Vice President for Human Resources - Students -– Contact the Dean of Students and/or complete an online incident form. - Visitors - UHPD Depending upon the situation involved, any of these offices may submit a request to the Chief of Police or designee, who will determine whether CART or the convene the TOVAT Team will be immediately assembled to address assess the problem. C. CARTTOVAT Team: When a department, employee, student or other individual has information about student exhibiting concerning behavior, the matter can be reported online (http://www.uh.edu/caps/crisis_intervention/cart.html) in an incident reporting form. [BJE8]a department is faced with a potentially violent situation, this team of representatives of keyfrom the departments (as definedlisted in this document) functions as expert resources, analyzing the case from their respective areas of expertise, and develops an action plan to address the situation. Types of potentially violent situations might include domestic violence threats brought into the workplace; threats of violence between employees, students, or employees and students; and concerns over disciplinary action involving potentially violent employees or students. This team will determinemay assist in determining: - The existence of a serious threat - The scope of security required - The need for counseling and/or training - Recommendations concerning continued employment/enrollment The need to involve other law enforcement agencies The TOVAT Team will treat all threats seriously and be guided by considerations such as responding in a timely manner, respecting confidentiality, and involving key resources. VII. INCIDENTS SANCTIONS FOR THREATS and ACTS OF VIOLENCE and OTHER CONCERNING BEHAVIOR AT THE UNIVERSITY A. Campus Crisis Response Team: In the event of an act of violence and the potential for ongoing harm to either person or property, UHPD will be charged with providing July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 7 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 appropriate leadership to safely resolve the situation. To plan for such an eventuality, UHPD shall establish a protocol for protecting and communicating with the campus community and aiding in protecting their property. July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 8 of 7 Violence in the Workplaceon Campus MAPP 02.04.0408.01 UHPD shall also call upon resource persons and/or other law enforcement agencies with expertise in dealing with the particular type of emergency involved. UHPD will act as liaison with the Office of Internal Communications in such an event. B. TRT: This team is charged with providing needed services to deal with trauma resulting from acts of violence, including trauma resulting from situations such as injuries or death of a co-worker(s) or fellow student(s) resulting from violence on campus, assaults by nonuniversity persons, hostage-taking events, or fires or bombings. An assigned staff member from the EAP/CAPS, who is responsible for establishing and assembling the team and developing the team protocols, shall chair this team. The TRT will include assigned representatives from the Student Health Service, Office of Internal Communications, and UHPD. Depending upon the nature of the event, additional members from any of the following offices may be added: President’s Office Office of the Senior Vice President for Academic Affairs and Provost Dean of Students Campus Ministry General Counsel Human Resources Safety and Risk Management Residential Life and Housing Officials who have special responsibility for persons/places involved in the event The team is charged with responding rapidly to the event, providing crisis intervention and supportive counseling services, notifying family members where required, and debriefing involved individuals. VIII.SANCTIONS FOR ACTS OF VIOLENCE AT THE UNIVERSITY Violation of this document policy will result in sanctionsmay involve penalties, up to and including termination of employment, expulsion from schoolthe university, and/or criminal charges. The determination of the appropriate sanctionpenalty and the appeal of any sanctionpenalty will be handled by the responsible office under the applicable policy (e.g., Dean of Students’ Office for Students under the Student Handbook, Human Resources for UH Staff under applicable MAPPs, and Office of Academic Affairs/Provost for UH faculty under the Faculty Handbook)., with the appropriate involvement of UHPD and/or the Office of General Counsel, as necessary. Visitors may be escorted off campus, barred from campus and any other campus in the University of Houston System, and/or subject to criminal charges. IXVIII. REVIEW AND RESPONSIBILITY Responsible Party: Assistant Associate Vice President for Human ResourcesFinance Review: Every three years, on or before April March 1 July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 9 of 7 Violence in the Workplaceon Campus IX. MAPP 02.04.0408.01 APPROVAL Executive Vice President for Administration and Finance President Date of President’s Approval: XI. REFERENCES Controlled Substance Act of Texas Drug-Free Schools and Campuses Act Texas Penal Code §46.02 Unlawful Carrying of Weapons Other provisions of the Texas Penal Code Sections 19, 20, 22, 29, 42, and 46 dealing with violent acts, alcohol and drugs, and weapons UH System Administrative Memorandum 01.C.04 - Reporting/Investigating Fraudulent Acts Index Terms: Threats of violence Violence REVISION LOG Revision Number Approved Date Description of Changes 1 06/25/1997 Initial version (Original was a Policy and a Procedure, both entitled “Violence In the Workplace”) 2 07/19/2000 Applied revised MAPP template to meet current documentation standards. Combined Policy and Procedure into one document. Removed UH Chief of Police as responsible party. Removed AVP for Human Resources, UH Chief of Police, and SVP for Academic Affairs from approval process 3 TBD Applied revised MAPP template and added new Revision Log. Changed MAPP number from 02.04.04 to 02.08.01. Changed MAPP title to “Violence on Campus.” Removed references to UHPD, and replaced with UH Department of Public Safety throughout text. Added contractors to Section I. Added information about Sexual Misconduct Policy in Section I. Included “persons or property” to definition of “Violence” in Section III.B. Revised Section IV.B with references on unlawful possession using Texas Penal Code Section 46.03 and Section 46.05(a). Added Student Affairs, Administration and Finance, and University Advancement to Section IV.C; removed Employee Assistance Program. Rewrote Section IV.D, removing the Campus Crisis Response Team (CCRT). Added criminal July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 10 of Violence in the Workplaceon Campus MAPP 02.04.0408.01 trespass warning and being escorted off campus to Section IV.F. Added information on investigations, SAM 01.D.08, and non-criminal investigations by the Dean of Students for students and Human Resources for faculty and staff to Section V. Updated UHPD phone number in Section VI.A. Removed Section VII, Incidences of Violence. Added information about visitors being escorted off campus in new Section VII. Added information about Student Handbook, Applicable HR MAPPs, and Faculty Handbook as references for determination of penalty for students, employees, and faculty in Section VII. Changed responsible party to AVP for Finance. Changed review period from every three years on or before April 1st to every three years on or before March 1st. Removed Section XI and Index Terms July 20June 25, 1997; Revised July 13, 2000August 29, 2013 Page 11 of