THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE FACULTY SENATE Senate Document Number 3497S Date of Senate Approval 4/10/97 Statement of Faculty Senate Action: FWDC 5: Workplace Violence Add: To Faculty Handbook (section 13 UNCA Documents - Policies/Info.) Coverage This policy applies to EPA and SPA full-time and part-time employees with permanent, probationary, trainee, time-limited permanent, temporary, or adjunct faculty appointments while engaged in any work for or on behalf of the University or on University premises. Definitions Workplace Violence includes, but is not limited to, intimidation, threats, physical attack or property damage. Threat is the expression of an intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has present the ability to carry it out and without regard to whether the expression is contingent, conditional or future. Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving or throwing objects. Property Damage is intentional damage to property which includes property owned by the State, employees, visitors or vendors. Intimidation includes, but is not limited to, stalking or engaging in actions intended to frighten, coerce, or induce duress. Policy It is the intent of The University of North Carolina at Asheville to provide a workplace for all employees which is free of violence. In doing so, the University is complying with and supporting the Federal Occupational Safety and Health Act of 1970, which requires employers provide their employees with a safe and healthy work environment; and the North Carolina Office of State Personnel Policy No. 9 on Workplace Violence. To this end, it is the policy of UNCA to prohibit any form of workplace violence. Prohibited Actions and Sanctions It is a violation of this policy to:  Engage in workplace violence as defined above.  Use or possess an unauthorized weapon during a time covered by this policy. Violations of this policy shall be considered unacceptable personal conduct for SPA employees as provided in Section 9 of the State Personnel Policy Manual "Disciplinary Action, Suspension, and Dismissal" and shall subject the employee to a disciplinary action up to and including dismissal. Violations of this policy will be addressed in accordance with the relevant procedures and penalties as provided in the Faculty Handbook section 3.6.1 (the Grievance Procedure) and section 13.1.1, Chapter VI, THE CODE section 603 (Due Process Before Discharge or the Imposition of Serious Sanction). In situations considered to be potentially volatile or where fitness for duty concerns exist, management has the option to consider the use of a management directed referral as outlined in the UNCA Policy on Employee Assistance Program. Exceptions to Policy An employee may possess a weapon if possession:  Is in compliance with North Carolina law (North Carolina law prohibits weapons on state property.); and  Is authorized by the University Chancellor or his/her designee; or  Is by an employee who is a certified law enforcement officer; or  Is required as a part of the employee's job duties with the State of North Carolina; or  Is connected with training received by the employee in order to perform the responsibilities of their job with the State of North Carolina. Retaliation Employees who act in good faith by reporting real or implied violent behavior or violations of this policy will not be retaliated against or subjected to harassment. Advisory Note All employees are encouraged to be alert to the possibility of violence on the part of employees, former employees, visitors, students, strangers, and third party vendors on campus. Any report of violence will be handled in a confidential manner, with information released only on a need-to-know basis.