POLICY 06:36:00

WORKPLACE VIOLENCE PREVENTION

This policy is consistent with Tennessee Board of Regents Guideline P-085

Purpose

To provide all employees with a workplace environment free from physical violence, threats, and intimidation.

Definitions

• Violence or threats means acts of violence or threats of aggression including gestures or,
  oral or written expression that:
  • create fear of bodily harm;
  • cause or can cause death or bodily injury;
  • threaten the safety of a co-worker, student or member of the public;
  • or, damage property.
    • Acts of violence and threats of violence include, but are not limited to:
      verbal (such as threats, harassment, abuse or intimidation), nonverbal
      (such as gestures and intimidation), written communication (such as notes,
      e-mail), physical (such as hitting, pushing, shoving, kicking, touching and
      assault), and other (such as arson, sabotage, vandalism and stalking).
• On the Work Site/In the Workplace means all real property owned or occupied by
  PSCC, PSCC vehicles and personal vehicles when in use performing state business.
• Reasonable Suspicion means the degree of knowledge sufficient to cause an ordinarily
  prudent and cautious person to believe that the circumstances being presented are more
  likely to be true than not. Reasonable suspicion must be based on an articulable, specific
  and objective basis and may include direct observation; or information received from a
  source believed to be reliable.
• Employee means, for purposes of this guideline only, persons receiving a payroll check
  from PSCC.

Policy/Guideline

1. Commitment to a Safe and Healthy Workplace
   1. PSCC has a strong commitment to its employees to provide a safe, healthy and
      secure work environment.
   2. PSCC also expects its employees to maintain a high level of productivity and
      efficiency.
   3. The use of violence or threats of violence in the workplace are inconsistent with
      these objectives. PSCC expects all employees to report to the work site and
      perform their duties in a safe and productive manner, without violence or threats
      of violence toward any other individual. Violence, threats, or intimidation toward
      any other individual will not be tolerated.
   4. TBR Policy 7.01.00.00 and PSCC Policy 08:07:02, Firearms and Other Weapons,
      controls the possession and use of weapons on property owned or controlled by
      TBR and PSCC. To the extent that this policy conflicts with the provisions of that
      policy, that policy controls.
2. Applicability
   1. The provisions of this policy apply to all PSCC employees and to all PSCC work
      sites owned or occupied by PSCC.
   2. This policy also applies to any employee conduct, on or off the work site, which
      poses a substantial threat to persons or property within the institutional
      community.
3. Implementation
   1. It is the responsibility of Human Resources to ensure that all employees are
      informed about this policy. This policy shall be posted on the PSCCC websites
      and a copy of the policy shall be made available to each new employee.
   2. Employees who witness violence or threats of violence must immediately report
      such conduct to campus or local law enforcement, appropriate supervisor and the
      Human Resources Officer.
   3. Employees who are victims of violence or threats of violence in the workplace are
      encouraged to report such conduct to campus or local law enforcement, the
      appropriate supervisor and/or the Human Resources Officer.
4. Prohibited Activities
   1. PSCC specifically prohibits the following:
      1. Possessing, storing or using a weapon in violation of PSCC Policy
         08:07:02.
      2. Refusing to submit to an inspection for the presence of a prohibited
         weapon based on reasonable suspicion.
      3. Refusing to allow inspection of personal storage areas based on a
         reasonable suspicion that a prohibited weapon or weapons will be found in
         such area.
      4. Conviction under any criminal statute for the illegal use or possession of a
         weapon or for committing a violent act against the person or property of
         another.
      5. Refusing to cooperate in an investigation about allegations or suspicion
         that violence or threats of violence have or is likely to occur, or an
         investigation about the possession of a prohibited weapon by the employee
         or a co-employee.
      6. Engaging in violence or threats of violence.
      7. Repeated verbal abuse in the workplace, including derogatory remarks,
         insults, and epithets.
      8. Verbal, nonverbal, or physical conduct of a threatening, intimidating or
         humiliating nature in the workplace.
      9. An employee who engages in any of these prohibited activities will be
         subject to discipline, up to and including termination of employment.
5. Permissible Activities
   1. The following activities do not violate this policy:
      1. Disciplinary procedures conducted in accordance with institutional or
         TBR policies and guidelines;
      2. Routine coaching and counseling, including feedback about and correction
         of work performance;
      3. Reasonable work assignments, including shift, post, and overtime
         assignments;
      4. Individual differences in styles or personal expression that are otherwise
         legally permissible.
      5. Passionate, loud expression with no intent to harm others and that are
         otherwise legally permissible;
      6. Differences of opinion on work-related concerns; or
      7. The non-abusive exercise of managerial prerogative.
6. Reporting
   1. An employee who witnesses an incident of violence, threats of violence or
      suspicious behavior, must immediately report such conduct to campus or local
      law enforcement, as applicable, appropriate supervisor, and the Human Resources
      Officer.
   2. Any employee who is granted a court order requiring any other individual to stay
      away from the employee’s place of work must furnish a copy of the order to the
      Human Resources Department and campus security or law enforcement as soon
      as practicable.
   3. A supervisor who witnesses an incident of violence, threats of violence or
      suspicious behavior, must immediately report such conduct to campus or local
      law enforcement, as applicable, and the Human Resources Office.
7. Right to Search for Weapons
   1. PSCC has the right to search for illegally possessed weapons in any area on the
      institution’s premises, including, but not limited to, lockers, furniture, containers,
      drawers, equipment or other facilities, lunch boxes, brief cases, personal bags,
      personal toolboxes or tool kits, parking lots, TBR/PSCC vehicles and other
      vehicles parked on the institution’s premises. Such searches may only be
      conducted by law enforcement officers and, when feasible, in consultation with
      the Office of General Counsel.
8. Prohibition on Retaliation
   1. Employees who report incidents of threats, violence, intimidating conduct, or
      illegal possession of weapons; bring a complaint, or assist in the investigation of a
      complaint, will not be adversely affected in terms and conditions of employment,
      discriminated against or discharged because of their actions in this regard.

Sources: TBR Policy 5:01:00:01; Statutes: T.C.A. § 39-17-1309(e)(9); T.C.A. Title 50, Chapter 1, Part 5,
The Healthy Workplace Act

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Approved to replace previous guideline by TBR: Dec. 14, 2017
Revised by TBR: November 3, 1999
Revised by TBR: July 1, 2016
Revised by TBR: Dec. 14, 2017
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023