MINES’ POLICY LIBRARY

Workplace Violence Policy

POLICY PROFILE

Responsible Administrative Unit: Human Resources

Policy Contact: Director of Human Resources,  Christine Homer (chomer@mines.edu)

Related Resources: Procedures for Investigations of Unlawful Discrimination, Harassment, Violent Conduct or Retaliation

This policy is linked from the Human Resources and Safety, Facilities, Parking, and Property sections of the policy library.

1.0 BACKGROUND AND PURPOSE

Increasingly, incidents of violence and workplace confrontations are becoming more common throughout society. While this kind of behavior is not prevalent at Colorado School of Mines, and indeed it is rare, it is never-the-less prudent for CSM to clearly communicate its expectations of all who come to campus. Since August 1996, CSM has relied upon an Executive Order issued by Governor Roy Romer, for its Workplace Violence prohibition guidelines. The policy and procedures below are intended to amplify Governor Romer’s executive order and provide a reporting, complaint and resolution process.

2.0 POLICY

Colorado School of Mines is committed to maintaining an environment of respect that is free from violence or threats of violence. As a diverse community requiring trust, openness, and physical safety, CSM will not tolerate violence or threats of violence in the campus community and workplace. It is the policy of CSM not only to prohibit such behavior, but also to take seriously all reports of incidents, addressing each as appropriate. Further, all weapons identified and defined in Colorado Revised Statutes § 18-12-101 are banned from CSM premises. (Exception: Students who wish to possess firearms are referred to the Firearms Storage Procedures as outlined in the Campus Rules and Regulations section of the Student Handbook. All firearms must be stored at the CSM Department of Public Safety Office and all access will be controlled by the Public Safety Department.)

This policy applies to all persons conducting business with or visiting CSM, even though such persons are not directly affiliated with CSM. Individuals who violate this policy may be removed from the premises and, depending on the employment relationship, will be subject to disciplinary action that can include termination of employment as well as criminal prosecution, or both.

3.0 DEFINITIONS

3.1 Violent Behavior – Any act or threat of physical, verbal or psychological aggression or the destruction or abuse of property by an individual. Threats (including those made in person, by mail, over the telephone, by fax, by e-mail, or by other means) may include veiled, conditional or direct threats in verbal or written form, resulting in intimidation, harassment, harm, fear, or endangerment of the safety of another person or property. In addition, acts or threats may include gestures or symbols.

3.2 Workplace or Premises – Includes all CSM property, facilities and off- campus locations where faculty, staff, or students are engaged in CSM business, educational programs, or activities.

4.0 PROCEDURES

4.1 Reporting: Faculty and staff involvement is essential to preventing violence or threats of violence. All members of the CSM community have a responsibility to report threatening or violent behavior. Each faculty and staff member must immediately report to his or her supervisor or department head, to the CSM Department of Public Safety, or to Human Resources any acts or behaviors covered under this policy. If the employee’s supervisor is the perpetrator, the employee must report the behavior to the next level manager.

4.1.1 Reporting Imminent Acts or Threats: In the case of an actual or imminent act or threat of violent behavior, call the CSM Campus Police Department at 303.273.3333 (from on-campus phones, simply dial 3333) or use 911 to alert the Golden Police Department who will coordinate with CSM police. When in doubt about the urgency of the threat of violence, CSM police should be contacted.

4.1.2 Criminal Acts: Any employee who believes a crime has been committed has the right to report that to the proper law enforcement agency.

4.2 Supervisors: Any supervisor who becomes aware of violent or threatening behavior must report the incident to his or her manager and to Human Resources. If the supervisor believes that someone may be in imminent danger, or if the incident in question resulted in anyone being physically harmed, the supervisor must first immediately contact the CSM Police Department and then report the incident to his or her manager and Human Resources.

4.2.1 Immediate Action: Nothing in this policy and procedures relieves a supervisor or manager from taking immediate action when the safety or security of employees or students is threatened and time is crucial. CSM will support efforts made by supervisors, managers, and campus specialists in dealing with immediate violent behavior or immediate threats of immediate violent behavior.

4.3 Confidentiality: CSM will ensure that all reports of workplace violence are treated confidentially to the extent possible. Reports of threatening or violent behavior will be disclosed as necessary in order to: (a) conduct an investigation, (b) to protect the reporting individual(s) from possible retaliation, (c) to complete disciplinary action, and (d) to protect the alleged offender.

4.4 Investigation: Upon a report of workplace violence, CSM will conduct an investigation as promptly as feasible. Depending on the level of the incident, the investigation may be led by CSM Public Safety, Human Resources, the department head in the affected department, or other CSM entity as appropriate. In most cases, an investigation will be a joint effort undertaken with the advice and counsel of CSM’s Office of Legal Services.

4.5 Discipline and Sanctions: Depending upon the outcome of the investigation, violation of this policy may result in employment-related discipline up to and including termination of employment. If the incident was of a nature where it was reported to a law enforcement agency, the criminal justice system may also impose penalties. Non-employee violations of this policy will be handled in accordance with applicable laws. Further, CSM will support criminal prosecution against any person who commits a crime in violation of this policy.

4.6 Retaliation: Reasonable action will be taken to ensure that persons involved in an investigation, or in providing information during an investigation, do not suffer any form of retaliation because of their good faith participation. Retaliation against anyone for good faith reporting of a violation of this policy or for cooperating in an investigation under this policy is prohibited and creates a separate, serious offense.

4.7 False Charges: If, upon investigation, it is determined that a report was intentionally falsified or made maliciously, the employee providing the false information will be subject to disciplinary action up to and including termination and, depending on the facts, may be subject to criminal prosecution.

4.8 Restraining / Protective Orders: Any employee who has obtained a restraining / protective order or other judicial order that lists a CSM location as a protected area must immediately provide a copy of the order to the CSM Campus Police. Other parties may also be informed when deemed necessary by CSM Campus Police for the safety of the CSM community.

4.9 Employee Assistance Program: Confidential counseling and assistance for employees and supervisors is available through the Colorado State Employee Assistance Program (C-SEAP) at no charge. C-SEAP program, services, and contact information may be found on the CSM Human Resources web site or at C-SEAP’s web page: http://www.colorado.gov/dpa/dhr/eap/index.htm.

4.10 Freedom of Expression: CSM recognizes the necessity of protecting individual rights and encouraging free speech, but also recognizes that certain conduct can threaten the mutual respect that is the foundation of scholarly communities. Nothing in this policy and these procedures is intended to curtail an individual’s right to express himself/herself as long as that expression does not constitute “Violent Behavior” as defined in these procedures.