Workplace Violence Prevention Procedure

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Policy Number: OHS-007Policy Title: Workplace Violence Prevention
Supersedes Existing Policy? YPolicy Owner: Vice President, People and Culture
Associated Policy: YDate Last Approved by CET: February 10, 2021
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1. Purpose

The following procedure will outline practices to assist in violence prevention, define unacceptable behaviours not tolerated by the College, and provide a process for reporting violent or potentially violent occurrences. Also included are the investigation, assessment and follow up processes when reports of violence are received. 

2. Application

This procedure applies to all members of the College community including all employees, governors, students, contractors, suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors. All college-sanctioned activities and functions are covered by this policy and extend beyond the physical boundaries of Loyalist College. Activities that take place under the auspices of Loyalist College such as placement, field trips, and social events are covered by this policy, regardless whether they take place on or off College premises. 

Behaviours that constitute harassment, bullying, discrimination or incivility are covered under the staff OH&S Policy 008 – Respectful College Community. 

Sexual Violence and Sexual Harassment, as they apply to all members of the College community, are covered under Loyalist College policy SS 612 Sexual Assault and Sexualized Violence. 

Incidents where both the complainant and the respondent are students will be handled by Student Success with the involvement of Risk Assessment Review Committee where deemed necessary.  

3. Roles and Responsibilities

All College Community Members:

  • Conduct themselves in accordance with the provisions of this policy.
  • Seek assistance to resolve issues to prevent escalation. 
  • Report all incidents of violence, high-risk and other concerning behaviours, including domestic violence, that may expose themselves or College community members to physical injury at the College. 
  • Participate and co-operate fully in an investigation if an incident of violence occurs. 

Managers/Supervisors:

  • Create and maintain a safe work environment that promotes respect, civility, co-operation and professionalism by addressing problem behaviours promptly. 
  • Provide necessary controls, work practices and support to mitigate risks and train their employees on managing these risks. 
  • Ensure that their staff are aware of the Violence Prevention Protocol and have received any additional training or education required. Document all training activities.
  • Receive and document reports of concerning behaviour and/or violent incidents and act upon them in a timely manner, ensuring proper resolution of issues. For higher risk situations, ensure referrals are made to the appropriate advisory group. Take all reports of violence or concerning behaviour seriously. 
  • In consultation with Student Success or People and Culture (Human Resources), ensure offending student or staff member receives written notification as to the inappropriateness of their behaviour and expectations for change. 
  • Keep victims of violence apprised of the status of the complaint and refer victims to appropriate supports (e.g. EAP, counselling, training).  

Director, Maintenance and Security:

  • Report incidents of threatening or violent behaviour received through Security sources to the Director of Student Success (for students) or Vice-President of People and Culture (for employees), as appropriate. 
  • When appropriate, issue or arrange for the issue of Trespass to Property Notices. 
  • Provide first line contact with law enforcement agencies. 
  • Review and authorize, if appropriate, requests to bring a weapon (or replica weapon) on campus. If approved, notify Police Services of the situation. 
  • Participate on the Violence Prevention and Risk Assessment Review teams/committees. 
  • In conjunction with the Occupational Health & Safety Coordinator, conduct a risk assessment for the main campus grounds and non-departmental specific common areas. See Section 5.4 and Appendix C, Workplace Violence Risk Assessment (Part A). 

Security Staff:

  • Ensure that emergency services have been contacted, if required.
  • Respond to requests for assistance using non-violent crisis intervention techniques. 
  • Immediately report all violent incidents requiring emergency response to the Emergency Manager and document all reports of violence using the security guard’s incident report. Refer to the Emergency Response Plan ERP 001. 
  • When requested, provide security support systems or assistance, such as escorting a College community member to their vehicle. 

Faculty:

  • Review behaviour expectations, as described in the course outline template, with each class at the beginning of each semester. Note that behaviour expectations are also summarized in the “AOP 209 Student Code of Conduct – Positive Learning and Living Environment” and summarized in the “Appendix AOP 209(A)- Behavioural Responsibility Protocol”. 
  • Address problem behaviours within the learning environment promptly and directly, always reinforcing the College’s accepted standards of behaviour. 
  • Proactively identify behaviours that contravene the Student Code of Conduct and report those behaviours in a Violence Prevention Incident Report Form (Appendix A) directed to their supervisor and Director of Student Success. Please see SS 612 – Sexual Assault and Sexualized Violence 
  • Work with his/her supervisor to identify and use strategies and techniques recommended by the Risk Assessment Review Committee. 

Occupational Health and Safety Coordinator – People and Culture (Human Resources) Staff as Alternate:

  • Act as the College’s Violence Prevention Coordinator.
  • Receive, review and assess reports of incidents of concern involving staff. 
  • Immediately refer high-risk threats involving students to the Executive Director of Student Success and Vice President of People and Culture. 
  • Participate in, and maintain list of active members for, the Violence Prevention Team. 
  • In conjunction with the Director, Maintenance & Security, conduct a risk assessment for the main campus grounds and non-departmental specific common areas. See Appendix C, Workplace Violence Risk Assessment (Part A). 

People and Culture (Human Resources) Services:

  • Receive, review, assess and report incidents of concern involving staff members. See Section 5.
  • Respond to these incidents following departmental guidelines.
  • Immediately refer high-risk threats involving staff to the Vice President of People and Culture 
  • Immediately refer high-risk threats involving students to the Executive Director of Student Success. 

Student Success Services and Residence Staff:

  • Receive, review, assess and report incidents of concern involving students. 
  • Respond to these incidents following the guidelines laid out in the “AOP 209 Student Code of Conduct – Positive Learning and Living Environment” and “Appendix AOP 209(A)- Behavioural Responsibility Protocol” and the Risk Assessment Review Committee. 
  • Immediately refer high-risk threats involving students to the Director of Student Success. 

Director of Student Success or Designate:

  • Receive reports of students who are threatening harm to themselves or others, displaying violent or harassing actions, repeatedly disruptive, or displaying other behaviours of concern. 
  • Immediately carry out an assessment of a reported incident to determine next steps:
    • Determine if an immediate response is required; if so, convene and lead Risk Assessment Review (RAR) committee and/or invoke the emergency response plan. 
    • For concerning behaviours and other less immediate issues, convene and lead the Risk Assessment Review committee in developing response strategies. 
  • If applicable, carry out an investigation of a reported incident. 
  • In consultation with senior management, develop appropriate actions and, where applicable, sanctions or disciplinary measures. 
  • Contact the Director, Maintenance & Security to advise of any elevated risk situations (greater than Level II). See Appendix B (Response Guidelines) for “Level” descriptions. 
  • Assist supervisory staff or faculty in determining the appropriate information to disclose to their staff or class about a person with a history of violent behaviour. 

Risk Assessment Review (RAR) Committee will:

  • Promptly relay any potential violence and harassment concerns involving staff to the appropriate People and Culture (Human Resources) staff. 

Vice President, People and Culture (Human Resources) or designate:

  • Receive reports of staff members who are threatening harm to themselves or others, or displaying actions or other behaviours of concern. 
  • Immediately carry out or arrange for an assessment/investigation of a reported incident and document the findings. 
  • Assist supervisory staff in determining the appropriate information to disclose to their staff about a person with a history of violent behaviour. 
  • Contact the Director, Maintenance & Security to advise of any elevated risk situations (greater than Level II). See Appendix B (Response Guidelines) for “Level” descriptions. 
  • Identify situations where the Emergency Response Plan needs to be invoked. 
  • In consultation with senior management, develop appropriate actions and, where applicable, sanctions or disciplinary measures. 

Violence Prevention Team (VPT):

  • Review statistics on staff violence and violence risk assessments of the College for their respective areas and recommend appropriate preventative measures and /or revisions to the protocol. 
  • Review existing policies, procedures and programs on an annual basis relating to workplace violence and harassment prevention and make recommendations for changes when necessary. 
  • Recommend training or communication needs for the College in regard to violence or harassment prevention. 
  • Maintain confidentiality of the information received as a team member. 
4. Prevention
  • Treat everyone with respect and dignity. 
  • Practise early intervention as it can often prevent escalation. 
  • Promote a non-violent culture of respect within the learning and working environment by defining behaviour expectations; immediately address problem behaviours, and consistently and fairly apply consequences for problem behaviours. 
  • If a worker could be expected to come in contact with a person with a history of violent behaviour in the course of their work, and the risk of workplace violence is likely to expose the worker to physical injury, the supervisor must provide information to the worker necessary to protect him/her from physical injury. Contact the Vice President of People and Culture to assist in determining the appropriate information to disclose to staff members. 
  • When an employee is displaying concerning behaviour, supervisory staff must address the behaviour promptly and directly and reinforce the accepted standards of workplace behaviour. 
  • When dealing with unwanted behaviours or a potentially violent situation: 
    • Ensure personal safety for yourself and others 
    • Focus on the situation, issue or behaviour; not the person 
    • Maintain constructive relationships and the self-esteem of others 
    • Take initiative to make the situation better 
    • Recognize the warning signs that something is wrong and report all concerning behaviours or situations. 
5. Response and Reporting
  • Employees and students are expected to report all acts of violence or high-risk behaviour by any College community member using the Violence Prevention Incident Report (VPIR), Appendix A. Complete Page 1 as thoroughly as possible. 
  • Normally the completed VPIR is directed to the complainant’s supervisor to initiate an investigation. In the event that the supervisor is the alleged perpetrator, the report should go to either a more senior department member or to People and Culture (Human Resources) Services. 
  • The supervisor or designate will review incident details, request additional information if needed, and complete the follow-up, section (F) of the VPIR within 48 hours of the incident. 
  • Upon completion of the form, copies will be distributed to the Director of Student Success for students or the Occupational Health & Safety Coordinator for staff, who will review the report for clarity and sign off or return to the complainant and/or supervisor, requesting additional information. 
  • The supervisor or designate is responsible to contact the complainant within 48 hours of receiving the VPIR to acknowledge receipt and advise what the next steps will be. As the status changes, the Supervisor must also continue to provide updates to the complainant in a timely manner. 
  • Privacy legislation permits sharing of personal information under circumstances where there is reasonable belief of imminent danger to the safety of any person. 
  • No reprisals will be taken against any individual who makes a report in good faith. However, if a report is made vexatiously or for vindictive purposes, discipline may ensue. 
  • All reports of violence or other high-risk behaviour will be taken seriously and these incidents will be investigated. 
  • Response to violent or potentially violent situations will depend on the level of risk present. 
  • Refer to OHS-007 Appendix B (Response Guidelines) for a summary of appropriate responses by risk levels I through IV. 
  • Never put yourself (or students or staff) in any imminent danger. Do not step between individuals involved in an altercation and never leave yourself, staff or students alone with a violent offender. 
6. Investigations

Take all reports of violent acts or threats seriously and promptly investigate. Follow-up / investigation (when required) must be initiated within 24 hours of the incident; immediate threats must be investigated immediately. An investigation will be completed within 90 days or less unless extenuating circumstances warrant additional time. Please refer to OHS-007 Appendix B (Response Guidelines) for “Level” descriptions. 

6.1 Level I Incidents: 

  • The investigating manager will determine the level of investigation required; minimally, documenting actions taken on the VPIR and informing the complainant of the results of the investigation. 

6.2 Level II and above Incidents: 

  • Any reports of violent incident beyond a level I, must be formally investigated. 
  • Once a report has been received, Student Success or People and Culture (Human Resources), as appropriate, will determine what level of investigation is needed and who will conduct the investigation. 
  • Note that it is critical that the investigator chosen must be impartial (no direct reporting relationship or other ties to either party) and skilled in the investigative process. An outside impartial third-party investigator will need to be retained to conduct the investigation if the reported incident involves a member of the senior leadership team, or where an impartial, skilled person is not available in-house. Contact People and Culture (Human Resources) if the services of an outside investigator are needed. 

6.3 Formal Investigation Process: 

  • A documented interview with the complainant 
  • A documented interview with the alleged perpetrator(s) 
  • A documented interview with any witnesses with relevant information to provide. Each witness MUST be interviewed individually 
  • Remind all parties involved that they must maintain confidentiality of the information obtained during the investigation. Only the information necessary for purposes of investigating the incident will be disclosed on a need-to-know basis. 
  • Process includes any other step that the investigator deems necessary to fully and fairly investigate the facts of the complaint or incident. 
  • Generate a written report summarizing the steps taken during the investigation, the complaint, the allegations, responses to the allegations, witnesses and other evidence. The report must set out the findings of fact and come to an opinion as to whether the evidence was sufficient to substantiate the complaint. The report may offer recommendations for corrective measures and/or sanctions. 
  • Copies of the written report must be provided to Student Success for students and HR for employees in order that they can take appropriate follow-up action. 
  • Both the complainant and the alleged perpetrator(s) must be informed in writing, by the Vice President of People and Culture (if they are College employees) or Director of Student Success (if they are students), of the results of the investigation and any corrective action that has been taken, or will be taken, as a result of the investigation. This information should be communicated within 10 days after receiving the investigator’s report. Note: The “results of the investigation” referenced above are not the same as the investigation report; but rather, a summary of the findings. The amount of information provided about the corrective action will depend upon the circumstances; however, it should detail what steps the College has taken to prevent a similar incident. 
7. Follow-Up

7.1 Consequences/Sanctions 

  • Consequences to the perpetrator(s), appropriate to the violation, will be applied up to and including termination of employment or expulsion from College programs, courses and activities. 
  • Determining what actions will be taken will depend on the context, number of previous incidents and level of risk of the incident: 
    • Level I risk will normally be managed by College faculty and staff in conjunction with their supervisor. Student Success or People and Culture (Human Resources) may be approached for guidance. 
    • For Level II risk and above, the appropriate actions and sanctions will be determined by the Vice President of People and Culture or Director of Student Success, as appropriate, in conjunction with the supervisor. 
  • Unlawful activities as defined by the Criminal Code will be reported to and investigated by the Police. The College may apply sanctions separate from those applied by the Police. 
  • Weapons-related offences will automatically result in Police involvement and immediate expulsion from the College. 
  • Any community members who could be affected by the sanction imposed must be notified. This could include Security, Residence management or the complainant. A member of Student Success or People and Culture (Human Resources), as appropriate, is responsible to make the appropriate notifications. 

7.2 Victim Support 

  • Victims who experience an incident of workplace violence that is traumatic may require professional support. 
  • Supervisors may direct workers to EAP Services or appropriate community support services; Student Success may direct students to internal counselling or community support services. 
8. Record Keeping

When the matter is resolved, all records pertaining to the complaint and resulting actions, including the investigation documentation and report, will be returned to the People and Culture (Human Resources) Advisor and stored in the People and Culture (Human Resources) office in a secure location. 

9. Training
  • At least annually, all employees will receive information about the Violence Prevention program.
  • Information on violence and harassment prevention is included in the “AOP 209 Student Code of Conduct – Positive Learning and Living Environment.” 
  • During orientation, new employees will be made aware of the College’s commitment to violence prevention, including their role and responsibilities in the Violence Prevention Protocol and Respectful College Community policies. 
  • Appropriate training will be offered to employees based upon their potential level of exposure. The College Violence Prevention Team may assist in identifying appropriate training and communication programs. 
10. Domestic Violence 
  • Employees and students are also expected to report domestic violence that would likely expose a College community member to physical injury while on College property. Employees report this to their supervisor or HR Services, while students report this to a member of Student Success Services. 
  • Domestic Violence Safety Plan – Staff who come forward to report potential domestic violence will be offered a Safety Plan. Such reports may be made to the employee’s manager, HR, OH&S Co-ordinator, or Director of Maintenance and Security. Some/all of these members will meet immediately to review risk and implement any number of suitable protective measures. These may include, but are not limited to: schedule changes, room changes, accommodated parking, Security escort to and from parking lot, and issue of No Trespass Notice. Measures will remain in effect until the situation no longer poses a threat. Confidentiality of the employee’s situation will be maintained throughout, and the plan will involve only those required on a ‘need-to-know’ basis. Appropriate parties will meet and document findings and recommendations on the Staff Safety Plan form (please see OHS 007 Appendix E). 
11. Risk Assessment 
  • The area supervisor, in conjunction with their employees, will review the factors at their respective workplace that may contribute to a risk of violence. These factors include: 
    • Contact with the public 
    • Handling money or valuables 
    • Working with unstable, volatile people, those under the influence of drugs or alcohol, or those in severe states of distress or in mental-health crisis 
    • Working with students who have violated the code of conduct 
    • Working alone or in small numbers 
    • Working late at night or during early morning hours 
    • Working in home-based settings 
  • If a department operates in more than one building or in significantly different areas within one building, a separate risk assessment must be completed for each area/building. 
  • Occupational Health & Safety Coordinator will organize the completion of a Violence Risk Assessment of the College, including consideration of risks common to similar learning and working environments. The results of the Risk Assessment will be shared with the Violence Prevention Team. 
  • The Occupational Health & Safety Coordinator and Director, Maintenance & Security will conduct the risk assessment for the main campus grounds and non-departmental specific common areas. Include a review of Security or Incident reports, staff surveys, and similar. 
  • Use OHS-007 Appendix C (Workplace Violence Risk Assessment) to document the risk assessment. 
  • A reassessment is required whenever the risk factors change for the respective area(s). 
  • If concerns are flagged on the risk assessment, the area supervisor will identify opportunities to reduce the risk of workplace violence, considering: 
    • Workplace design 
    • Environmental conditions (lighting, signage, etc.) 
    • Work practices 
    • Training 
  • Concerns identified on the risk assessment must be addressed in a timely manner with due respect to the severity. 
  • The area supervisor will send a copy of the completed Risk Assessment to the Occupational Health & Safety Coordinator, who will share with the Violence Prevention Employee Team. 
12. Procedure Maintenance
  • At least annually, the Violence Prevention Employee Team and Joint Health & Safety Committee will review, assess and update this procedure as needed. 
  • The Workplace Violence Policy Statement and subsequent revisions will be reviewed and approved by the College Executive Team annually, signed by the President, and posted in conspicuous locations around the College.  

College Policies

6. References