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PROCEDURE |
VIOLENT OR THREATENING BEHAVIOUR |
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Effective Date: |
March 17, 2009 |
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Revised Date: |
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Review Date: |
March 17, 2019 |
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Approving Body: |
Administration: Vice-President (Administration) or President |
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Authority: |
Policy: Violent or Threatening Behaviour |
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Implementation: |
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Contact: |
Director of Security Services |
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Applies to: |
Board of Governors members; Senate members; Faculty/School Councils; Department Councils; Students; External Parties-All visitors to the University campus; Employees-All Employee groups |
1.0 Reason for Procedure(s)
The purpose of these Procedures is to provide a mechanism to support the maintenance of a safe, positive and productive Workplace and learning environment free from Violent or Threatening Behaviour. They are also designed to comply with The Workplace Safety and Health Act (Manitoba) - Regulation 217/2006 (the "Regulation").
2.0 Procedure(s)
2.1 Definitions
All terms used in their defined form in these Procedures shall have the meaning given to them in the Policy.
2.2 Application
These Procedures apply to Violent or Threatening Behaviour in the Workplace or learning environment, including any such behaviour that
a) occurs in the course of a university program, activity or event regardless as to the location;
b) affects or is directed toward persons or property located on the university campus regardless as to where the behaviour occurs;
c) involves the possession of weapons on university property.
2.3 Risk Identification and Assessment
2.3.1 Each Department Head or administrator who is responsible for a unit shall identify, in consultation with the Workers in the unit, the risk of violence in the Workplace.
2.3.2 Where a potential risk has been identified the Department Head or administrator of the unit must:
a) advise all affected employees of the risk of Violence in the Workplace, including the nature and extent of the risk; and the risk of Violence from persons whom the workers are likely to encounter in the course of their work;
b) develop and implement a violence prevention plan in consultation with the workers in the unit who have identified the risk of Violence and the Director of Security Services;
c) train workers in the Violence prevention plan; and
d) ensure that Workers comply with the Violence prevention plan.
2.3.3 The Violence prevention plan referred to in 2.3.2 shall provide information on the following matters:
a) how to eliminate the risk of Violence to a Worker; and
b) where elimination of risk of Violence to the Worker is not possible, how to minimize the risk of Violence to a Worker.
Assistance in the identification of ways to eliminate or reduce the risk of Violence is available from the Director of Security Services or the members of the Risk Assessment Team.
2.3.4 The Violence prevention plan shall be communicated to all Workers in the unit immediately at the time of hire and shall be posted in the unit quick reference by Workers.
2.4 Penalties
Individuals found to engage in Violent or Threatening Behaviour under the Policy and these Procedures will be subject to appropriate corrective/disciplinary action which may result in termination of employment; expulsion from educational programs; suspension, cancellation, or withdrawal of privileges; a ban from university property and any other remedies the University may be entitled to at law or otherwise.
The University may take disciplinary/legal action against any person who submits a frivolous or vexatious complaint, or who fails to cooperate with an investigation.
2.5 Reporting Procedures
2.5.1 Any act of Violent or Threatening Behaviour should be reported immediately to the University of Manitoba Security Services.
2.5.2 In the event of imminent bodily harm, individuals should call 555, #555 (from a cell phone) or 4-911 (where an outside line is required) as soon as possible.
2.5.3 When reporting an incident, individuals should attempt to provide the following information:
a) a complete description of the Violent or Threatening Behaviour;
b) name(s) of individuals involved in the incident(s);
c) description of individual(s), if name(s) not known;
d) name(s) of witness(es) or description, if name(s) not known; and
e) location of the incident.2.5.4 Anyone initiating a complaint in good faith under this Policy and these Procedures shall not be subject to discipline or penalty for making such a complaint.
2.6 Responsibilities of Security Services
2.6.1 Immediate Response Protocol
Where a report of Violent or Threatening Behaviour is received by Security Services, a patrol officer shall respond as soon as reasonably possible and the Director of Security Services (or designate) shall be notified. Without limiting the scope of their jurisdiction and/or mandate, any one or more of the following action may be taken by Security Services, as reasonably determined by Security Services:
a) restore order in violent situations;
b) apprehend individual(s) engaging in Violent or Threatening Behaviour;
c) contact Winnipeg Police;
d) arrange medical assistance;
e) take statement(s) of witness(es);
f) make appropriate referrals; and
g) take immediate action to facilitate the removal of individuals from University property.2.6.2 Any decision under 2.6.1 above to remove an individual from university property shall be effective immediately pending review by the Vice President (Administration). In the case of a student being removed, the appropriate Dean/Director shall be advised as soon as possible.
2.6.3. The Director of Security Services shall in all cases file a written report with the Vice-President (Administration) on the next business day describing any action taken under 2.6.1 above.
2.7 Risk Assessment Team
2.7.1 There should be a Risk Assessment Team comprised of representatives from the following departments:
a) Security Services;
b) Human Resources;
c) Equity Services;
d) Student Affairs;
e) Environmental Health and Safety; and
f) Legal Services
(hereinafter the Risk Assessment Team).2.7.2 The role of the Risk Assessment Team will be to:
a) review and analyze each reported incident of Violent or Threatening Behaviour;
b) determine appropriate action to assist the affected individual(s);
c) develop an action plan which will include debriefing and ongoing communication with affected individual(s); and
d) take all necessary action relative to the above.2.7.3 The Vice-President (Administration) shall appoint a coordinator of the Risk Assessment Team for each incident as follows:
a) if the conduct of a student is the source of concern, the Coordinator will be the Vice Provost of Student Affairs (or a designate);
b) if the conduct of a Worker is the source of concern, the Coordinator will be the Executive Director of Human Resources (or a designate); and
c) if the conduct of someone who is not a member of the campus community is the source of concern, the Director of Security Services (or a designate) shall be the Coordinator.2.7.4 Responsibilities of the Coordinator:
a) bring together the Risk Assessment Team and where necessary, experts.
b) coordinate internal and external communication to issue interim reports.
c) ensure that the victims and individuals affected who are members of the university community, are supported, consulted where appropriate, and kept informed of the developments within the parameters of confidentiality;
d) maintain confidential records and ensure the Vice-President (Administration) is informed of developments;
e) convene debriefing sessions; and
f) prepare a final report which includes an evaluation of the application of these Procedures.2.7.5 Confidentiality
Any records created by the University or its designates under this Policy shall be deemed to be confidential and privileged documents and shall not be disclosed or released other than at the University's discretion in connection with the intended purpose of the Policy or as required or allowed by law (including without limitation The Workplace Health and Safety Act (Manitoba).
2.8 Legislated Review of the Procedure
In accordance with The Workplace Health and Safety Act (Manitoba), the University's central Workplace Safety and Health Advisory Committee shall review these Procedures every three years and make any recommendations it feels are necessary and advisable.
3.0 Accountability
3.1 The University Secretary or the President is responsible for notifying the contact person for this Procedure that a formal review of this Procedure and Secondary Documents is required.
3.2 The Director of Security Services is responsible for the communication, administration and interpretation of these Procedures.
4.0 Review
4.1 Formal Procedure reviews will be conducted every three (3) years. The next scheduled review date for these Procedures is March 17, 2012.
4.2 In the interim, these Procedures may be revised or rescinded if:
(a) the Vice-President (Administration) or the President deems necessary; or
(b) the relevant Bylaw, Regulation(s) or Policy is revised or rescinded.
5.0 Effect on Previous Statements
5.1 This Procedure supersedes
(a) all previous Board/Senate Procedures, and resolutions on the subject matter contained herein; and
(b) all previous Administration Procedures, and resolutions on the subject matter contained herein;
(c) all previous Faculty/School Council Procedures stemming from the Faculty/School Council Bylaw and academic and admission Regulations and any resolutions on the subject matter contained herein; and
(d) Procedure: Violent or Threatening Behaviour (dated March 22, 2006)
6.0 Cross References
(1) Policy: Violent or Threatening Behaviour
(2) Procedure: Respectful Work and Learning Environment
(3) Policy: Respectful Work and Learning Environment