Βι¶ΉΣ³»­

2,040: University Workplace Violence and Bullying Prohibition

Revised: March 2021

The Βι¶ΉΣ³»­, is committed to maintaining a safe work environment that is free from violence, intimidation and threats of violence. Threatening, intimidating or violent behavior will not be tolerated and employees shall be subject to disciplinary action, up to and including dismissal, under NSHE Code, NAC, or the Student Code of Conduct. Employees who violate this policy also may be subject to criminal prosecution. 

Prohibited Conduct under This Policy

The following conduct constitutes violence or threats of violence and is prohibited in the Βι¶ΉΣ³»­ workplace: violent behavior, intimidation, bullying, stalking, threats, physical attack, domestic violence and property damage committed by or against any faculty, staff, postdoctoral, graduate or undergraduate student employed at the Βι¶ΉΣ³»­.

Definitions

Workplace: Any location owned, leased, rented or occupied by the Board of Regents of the Βι¶ΉΣ³»­ System of Higher Education on behalf of the Βι¶ΉΣ³»­, or any location (on or off campus) where a university employee is acting in the course or scope of employment. This includes, but is not limited to, buildings, grounds, and surrounding perimeters, including parking lots, field locations, classrooms and residence halls. It also includes vehicles when those vehicles are used for university business.

Violent behavior: A physical assault on a person or a physical action intended to damage property. Violent behavior does not include lawful acts of self-defense or the defense of others.

Intimidation: Engaging in actions that include but are not limited to behavior intended to frighten, coerce, or induce duress.

Bullying: Unwanted offensive and malicious behavior which undermines an individual or group through repeated or persistently negative attacks. The behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient.

Stalking: Stalking is defined to be when a person who, without lawful authority, willfully or maliciously engages in the course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member. Stalking includes but is not limited to, engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for the person's safety or the safety of others; or (2) suffer substantial emotional distress.

For the purpose of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens or communicates to or about, a person, or interferes with a person's property.

  2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

  3. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Threat: The expression of intent, whether direct or indirect, to cause physical or mental harm whether verbal, written or a gesture that would cause a reasonable person to fear for his or her safety or the safety of others. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.

Physical Attack: Unwanted or hostile physical contact such as hitting, fighting, grabbing, pushing, shoving, or throwing objects.

Domestic Violence: An act that includes but is not limited to violence that occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child:

  1. A battery.
  2. An assault.
  3. Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
  4. A sexual assault.
  5. A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to: (a) Stalking; (b) arson; (c) trespassing; (d) larceny; (e) destruction of private property; (f) carrying a concealed weapon without a permit; (g) injuring or killing an animal.
  6. A false imprisonment.
  7. Unlawful entry of the other person's residence, or forcible entry against the other person's will if there is a reasonably foreseeable risk of harm to the other person from the entry.

Property Damage is intentional damage to property and includes property owned by the Βι¶ΉΣ³»­, or its students, employees, visitors, vendors or others.

Reporting and Investigation

All reports of threatening, violent conduct or bullying must be taken seriously by the person to whom the acts are reported. Individuals who experience or witness such conduct prohibited under this policy shall report the behavior to one of the following Reporting Units: the University Police Services, the Office of Equal Opportunity and Title IX, Human Resources, or to their supervisor (If the violent behavior or threat of violence is being done by a direct supervisor, the employee may report the conduct to the supervisor of the direct supervisor). If there is (1) an emergency, (2) a situation where violence or hostility are in progress, or (3) an immediate threat, the individual should call 911 immediately.

When a supervisor or administrator becomes aware of a threat or violent act as prohibited under this policy, the supervisor must take immediate action and report the conduct to the University Police Services, the Office of Equal Opportunity and Title IX, Human Resources, or the Office of the Provost.

The Reporting Unit shall conduct an initial assessment of the allegations for the purpose of referring the matter to University Police Services, the Office of Equal Opportunity and Title IX, Human Resources, the Office of the Provost, or if students are involved, to the Office of Student Conduct; the referred unit will determine if an investigation is necessary and manage the investigation.

Support for Employees

Employees experiencing threats of violence from a domestic partner or other person are encouraged to report this to their supervisor and to University Police Services. Supervisors who become aware of such situations shall report the information to the University Police Services.

The Employee Assistance Program (EAP) provides no-cost assistance to university employees and their families with relationship problems. Please contact Mountain EAP by calling (775) 322-6066.

Health insurance plans typically include coverage for mental health treatment. Coverage differs, so employees should contact their health insurance provider to find out what specific benefits are offered.

Resources

  • : 911 (emergency) / (775) 334-2677 (non-emergency)
  • : (775) 784-6082
  • : (775) 784-1547
  • Office of the Provost: (775) 784-1740
  • : (775) 784-4388
  • : (775) 322-6066