UNIVERSITY OF CALIFORNIA, MERCED POLICY REGARDING WORKPLACE VIOLENCE, BIAS INCIDENTS, HATE CRIMES AND DISRUPTIVE BEHAVIORS POLICY NUMBER: 757

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1 UNIVERSITY OF CALIFORNIA, MERCED POLICY REGARDING WORKPLACE VIOLENCE, BIAS INCIDENTS, HATE CRIMES AND DISRUPTIVE BEHAVIORS POLICY NUMBER: 757 RESPONSIBLE OFFICIAL: Vice Chancellor Administration EFFECTIVE DATE: January 2, 2013 REVISION NUMBER: 2 NUMBER OF PAGES: 8 I. REFERENCES AND RESOURCES: UC Merced Principles of Community UC Merced The Student Handbook- Policies Applying to Campus Activities, Organizations, and Students Chapters VII-X ercedstudenthandbook.pdf UC Collective Bargaining Agreements collective_bargaining_agreements.html Personnel Policies for Staff Members personnel_policies/index.html Merced Academic Personnel Policies and Procedures University of California Academic Personnel Manual University of California Sexual Harassment Policy sexual_harassment_policies/index.html Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California UCM Housing & Residence Life Handbook Page 1

2 UC Merced Integrity and Misconduct Statement: Integrity an Essential Piece of the Puzzle uments/ucm_integrity.pdf University of California Policies Applying to Campus Activities, Organizations and Students US Department of Justice, Federal Bureau of Investigation, Workplace Violence Issues in Response The FBI s Critical Incident Stress Management Program, Vincent J. McNally and Roger M. Solomon Ph.D., FBI Bulletin, February 1999, UC Merced Office of Ombuds Services The Office of Ombuds Services is a confidential resource. Notifying the Ombuds does NOT constitute a notice to the campus or University. The Ombuds is a neutral, informal and independent resource for the campus community. II. BACKGROUND The University of California at Merced (UC Merced) is dedicated to providing and maintaining a respectful environment that is free from intolerance, violence, and threats of violence, harassment, intimidation, or any behavior that causes another to feel unsafe; we are dedicated to providing an environment that promotes the achievement of our mission of teaching, research and service. To accomplish the goals of providing and maintaining a respectful, and safe environment, students, faculty, and staff are to behave in a manner that promotes our Principles of Community 1 and a community free from intolerance, bias, hate, hostility, violence, threats, harassment, intimidation, bullying or any behavior that causes another to feel unsafe. III. POLICY UC Merced is dedicated to maintaining a respectful environment free from all forms of harassment, hostility, disruptive behavior and violence. Any act that has the purpose or effect of interfering with an individual's safety and security by creating 1 University of California, Merced Principles of Community Page 2

3 an intimidating, hostile, or offensive educational or working environment will not be tolerated. 2 Specifically, UC Merced will respond promptly to violence, threats of violence, harassment, intimidation, hate and bias incidents, or any behavior that causes another to feel unsafe. Complaints involving violence or disruptive behavior will be given the serious attention they warrant and investigated fully in accord with the applicable principles of due process. Individuals who violate this policy may be removed from UC Merced property and are subject to disciplinary and/or personnel action up to and including termination, dismissal and/or criminal prosecution. 3 IV. SCOPE This policy applies to all UC Merced students, faculty, lecturers, postdoctoral scholars, staff, vendors, contractors, subcontractors, consultants and others who do business with the University. It also applies to other persons not affiliated with the University such as former employees, customers, and visitors. It applies to all areas of University operations and programs and to University facilities and off-campus locations where University programs and business is conducted. V. DEFINITIONS The definitions provided are to assist in identifying conduct that should be reported, the list is not all-inclusive; therefore any behavior that causes concern for the safety of individual/s or property must be reported immediately. A. Disruptive behavior - conduct that interferes with or that may adversely affect normal campus activities or workplace, research or academic functions. B. Bullying Offensive or malicious behavior meant to undermine, intimidate, or demean another. C. Domestic Violence abusive or violent behavior between individuals who have an ongoing or a prior intimate or family relationship that is disruptive to the normal campus activities or workplace, research or academic functions. D. Intimidation - actions intended to frighten, coerce, and induce distress or threatening physical harm by words, gestures, symbols, or written or electronic materials. E. Property Damage - intentional damage to property owned or managed by the Regents of the University of California, and/or owned or controlled by students, faculty, staff, vendors or visitors of UC Merced. F. Threat - the expression of intent to cause physical or mental harm. 2 Responding to Bias Incidents or Hate Crimes at UC Merced, August The review and imposition of discipline in this policy will be in accordance with University of California policy and practices, UC Merced policy and practices, negotiated labor agreements and/or federal or state law. Page 3

4 G. Acts of Violence - includes behavior that a reasonable person would interpret as being potentially injurious. H. Possession of weapons- direct or indirect control of a firearm, deadly weapon, explosive device, or prohibited knife as defined in the California Penal Code, upon property controlled by the University without the written authorization from the UC Merced Chief of Police. I. Brandishing - to wave, shake, or exhibit in a menacing, challenging, or exultant way any item that may be perceived as a weapon. J. Imminent violence Any condition or practice that could be reasonably expected to cause death or serious physical harm to one s self, another person or substantial damage to property. K. Harassment verbal or physical conduct, which, because of its severity and/or persistence, is likely to create a hostile or intimidating environment that may detrimentally affect an individual s employment or education. L. Sexual Harassment - unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person s employment or education, unreasonably interferes with a person s work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. 4 M. Stalking - a pattern of unwanted behavior that is threatening and/or creates fear. This may include the following: sending unwanted items, "gifts" or contacting through phone or text messaging or through social networking sites. N. Expression of Bias - A general communication not directed toward a particular individual, which disparages a group of people based on some characteristic such as actual or perceived race, color, ancestry, gender, gender identity, ethnicity, national origin, religion, disability or sexual orientation. Expressions of bias may violate student conduct code or other University policies; other expressions of bias may be fully protected expressions of speech. 5 O. Hate Speech - any speech, gesture or conduct, writing, or display, which is illegal because it may incite violence or prejudicial action against 4 University of California Sexual Harassment Policy ies/index.html 5 M through R from Office of the President, University of California, August 18, from Associate Vice Chancellor Nies Page 4

5 someone based on actual or perceived race, color, ancestry, gender, gender identity, ethnicity, national origin, religion, sexual orientation or disability. P. Hate Crime - a criminal act or attempted criminal act against an individual or group of individuals because of their actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability. Q. Graffiti/Vandalism - includes images, lettering or any type of public markings that deface property without the owner s consent. Vandalism includes graffiti as well as other sorts of physical damage to property. R. Bias Incident - Acts of conduct, speech, or expression that targets individuals or groups based on actual or perceived race, color, ancestry, religion, ethnicity, national origin, gender, gender identity, age, disability, or sexual orientation. Bias incidents are not criminal offenses, but may violate student conduct code or other University policies; other acts of bias may be fully protected expressions of speech. S. Hostile Climate - A focus on the race, ethnicity, national origin, religion, gender or sexual orientation of another person or group, which is severe or pervasive enough to affect campus or academic life. Examples include unwanted jokes or teasing, derogatory or disparaging comments, posters, cartoons, drawings, or pictures of a biased nature. VI. REPORTING A. General Reporting Responsibilities Any UC Merced member who has been subject to violence or disruptive behavior or who has witnessed violent or disruptive behavior should promptly notify the appropriate office as listed in sections B and C below. Additionally, all persons are encouraged to report behavior that they reasonably believe has potential for violence or disruptive behavior. It is critical that all UC Merced affiliates take this responsibility seriously. B. Reporting Imminent or Actual Violence or Criminal Behavior When members of the UC Merced community, including students, employees? (which would include all employees) faculty or staff, believe that the actions and statements of an individual constitutes an imminent danger or threat to health or safety, they shall immediately notify the UC Merced Police at from a cell phone, or from a desk phone, or the appropriate law enforcement agency s emergency number. C. Reporting Behavior That Is NOT Imminent in Nature All threatening comments and violent or disruptive behavior must be taken seriously and investigated. Such behaviors must be immediately reported to the next in line supervisor or academic administrator who is not a party to the alleged violation. Any of the below listed resources may be contacted: Page 5

6 UC Merced Campus - Assessment and Care Team (C-ACT) for issues involving faculty, staff, graduate students, lecturers, postdoctoral scholars, vendors, contractors, visitors: Assistant Vice Chancellor for Human Resources, Assistant Vice Chancellor for Academic Personnel, Assistant Dean of Graduate Division, Chief of Police, Campus Counsel, Vice Chancellor for Administration, Associate Chancellor, UC Merced Student Response Team (SRT) for issues involving undergraduate students: Associate Vice Chancellor for Student Affairs, Director of Student Life and Judicial Affairs, Director of Housing and Residence Life, Assistant Vice Chancellor for Student Health & Wellness, Student Counseling, Student Health, Police Sergeant, The UC Merced Violence Prevention Program The UC Merced Police (209- CAT-COPS) Anonymous Reports, On line reporting for incidents that are NOT in Progress: VI. ROLES AND RESPONSIBILITIES A. We are all responsible for maintaining a respectful environment free from all forms of harassment, hostility, and violence. Specifically, all faculty, lecturers, postdoctoral scholars, staff, and students are expected to actively participate in achieving a community free from intolerance, bias, hate, hostility, violence, threats, harassment, intimidation, bullying or any behavior that causes another to feel unsafe through the following actions: Formatted: Space Before: 0.01 line, After: 0.01 line Page 6 1. Speak out against, denounce, and/or interrupt all forms of harassment, hostility, violence, etc., which threaten the safety, dignity, and well-being of members of this community, when it is safe to do so. 2. Report immediately acts of hostility, threats, criminal acts, intolerance, violence, and all other forms of disruptive behavior.

7 3. Fully participate in investigations by supplying information to investigating staff or officers. 4. Take advantage of opportunities for continued education about multiculturalism, diversity, personal and workplace safety, domestic violence and stalking, workplace supervision, workplace violence and researcher safety. B. Supervisors, Managers, Administrators shall notify: 1. Immediately, the UC Merced Police if the threat is imminent and/or a crime is committed or threatened. 2. A member of the Campus - Assessment and Care Team as soon as practicable upon learning of critical incidents that involve faculty, lecturers, postdoctoral scholars, staff, graduate students, contractors, subcontractors, vendors, visitors. 3. A member of the Student Response Team as soon as practicable upon learning of critical incidents that involve undergraduate students. C. Any UC Merced affiliate who has obtained a restraining order is expected to notify UC Merced Police of the order that lists UC Merced locations as protected areas and provide a copy of the restraining order to UC Merced Police. D. Domestic violence victims who believe the violence may extend into UC Merced are encouraged to notify their supervisor, and UC Merced Police. Confidentiality will be maintained to the extent possible. E. UC Merced Police The UC Merced Police will provide an immediate response and implement all appropriate emergency procedures as warranted by the situation including notifying the Campus- Assessment and Care Team or the Student Response Team as indicated in Section VI. C. of this policy. When appropriate, other law enforcement agencies will be notified. F. Campus - Assessment and Care Team (C-ACT) and the Student Response Team (SRT) serve as resources to assist with policy implementation, training, and advice regarding measures that can be taken to prevent workplace violence, and bias and hate incidents or crimes. The teams will provide threat assessment, crisis intervention and post-incident debriefing as needed. They will likewise provide guidance to departments regarding their responsibilities and assist in the development of a plan of action to manage potential and actual violent or hateful conduct. The teams may convene when any member of the team receives a report of behaviors defined in this policy or any behavior that may cause concern for the safety of community members. B. CONFIDENTIALITY Page 7

8 A. The University shall maintain the confidentiality of investigations to the extent possible within the requirements of conducting reasonable investigations while ensuring the safety of members of the University community. The University will act on the basis of anonymous complaints where it has a reasonable belief that there has been a violation of the policy and that the safety and well-being of members of the University community would be served by such action. B. Notification regarding violent crimes, hate and bias incidents or crimes will be disseminated in a timely manner within the limits of the mandates and laws governing release of information. C. RETALIATION A. Retaliatory action against anyone acting in good faith who has made a complaint of workplace violence, bias or hate incidents or disruptive behavior, who has reported witnessing, or who has been involved in the reporting of, investigating or responding to Workplace Violence, Bias Incidents, Hate Crimes and Disruptive Behaviors is in violation of this policy. B. It is also a violation of this policy to take adverse action against a person solely on account of her/his being an actual or potential victim of Workplace Violence, Bias Incidents, Hate Crimes and Disruptive Behaviors. C. Those found responsible for retaliatory action will be subject to discipline up to and including dismissal, or termination. D. EDUCATION The C-ACT and SRT will establish an Education Committee to develop and implement training sessions to inform UC Merced members of the university s Workplace Violence, Bias Incidents, Hate Crimes and Disruptive Behaviors policy and to raise awareness about these behaviors. Page 8