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Administrative Procedure: Violence in the Workplace
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EFFECTIVE DATE:
August 28, 2013
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ADMINISTRATIVE PROCEDURE CODE:
1.A.260
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AMENDED DATE:
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Policy Reference
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Legal Reference
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The Border Land School Division Board of Trustees believes that employees should be entitled to work in an environment that is free of violence and the threat of violence.
WEVAS, Restitution, and Violence Threat Risk Assessment training opportunities are provided to employees of the Border Land School Division. Border Land School Division has both divisional and school based Threat Risk Assessment teams in place who have received specific training.
In all cases of violence, a violence report must be completed by the worker and reported to site administration. It is up to site administration to determine the course of action based on the report.
An employee who exhibits violent behaviour will be subject to disciplinary action up to and including dismissal and may be subject to criminal prosecution. Violent threats or actions by non-employees at BLSD sites and/or events may also result in criminal prosecution.
When a student is violent towards an employee, team meetings, behaviour plans, intervention plans, clinical assessments, criminal charges, or Threat Risk Assessments may be the result.
Definitions
Workplace Violence occurs when the behaviour of a person inflicts or threatens to inflict damage to property or to others at the workplace.
Threat is the implication or expression of intent to inflict physical harm or actions that a reasonable person would interpret as a threat to physical safety or property.
Intimidation is the act of making others afraid or fearful through threatening behaviour.
Violence in the workplace includes, but is not limited to the following list of prohibited behaviours directed at or by a supervisor, co-worker, volunteer, student, or a member of the general public:
- Direct threats or physical intimidation;
- Implications or suggestions of violence;
- Stalking;
- Possession of weapons of any kind (including in parking lots, or other exterior premises or while engaged in activities for BLSD);
- Assault in any form;
- Physical restraint, confinement;
- Dangerous or threatening horseplay;
- Loud, disruptive or angry behaviour or language that is clearly not part of the typical work environment;
- Blatant or intentional disregard for the safety or well-being of others;
- Commission of a violent felony or mis-demeanour; and/or
- Any other act a reasonable person would perceive as constituting a threat of violence.
Reporting Acts or Threats of Violence
An employee, volunteer or student who is the victim of violence or believes they have been threatened with violence or witnesses an act or threat of violence towards anyone else or to the property of BLSD shall:
- In the case of an emergency and in situations of immediate danger, contact the local police officials by dialing 911 and take whatever steps are necessary to protect self from immediate harm, such as leaving the area.
- Once safe or if the situation is not one of immediate danger, report the incident to the site administration as soon as possible and complete the BLSD Violence Incident Report Form and hand it in to site administration.
If employees, volunteers or students have reason to believe they, or others, may, be victimized by a violent act sometime in the future or as direct result of their employment in BLSD, they shall inform site administration by completing the Violence Incident Report Form so appropriate action may be taken. The site administration should inform the Superintendent and contact the WPSH Coordinator in an investigation is required.
Employees who have signed and filed a legal restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work/school, shall immediately supply a copy of the signed order to site administration. The site administration will provide the employer a copy as well. Wherever reasonably practicable, the employee will make arrangements to alter the worksite to ensure compliance with the conditions of the order.
Investigation:
Acts or threats of violence will be investigated immediately by site administration, in order to protect employees, volunteers or students from danger, unnecessary anxiety concerning their welfare, and the loss of productivity. If deemed necessary, site administration will initiate the requirement of an investigation from the employer. The employer may wish to involve law enforcement for their review of potential violations of civil and/or criminal law.
The employer investigation will follow the procedures as set out in the BLSD safety manual.
The individual who reported the act or threat of violence will be provided results from the investigation where appropriate. BLSD will do everything reasonably practicable to maintain the individual’s confidentiality. Where there is a need to inform others (for example, to protect the individual) their identification and situation will be disclosed.
Incidents that threaten the security of employees shall be mitigated as soon as possible following their discovery. Actions that may be taken include but are not limited to: notification of law enforcement, provision of emergency services, post event trauma counseling and assurances that incidents are handled in accordance with this procedure.
Claims of violence that are not bona fide but rather malicious in nature will not be tolerated and the false claimant will be subject to disciplinary action up to and including dismissal.
All Violence Incident Report Forms submitted to site administration shall be forwarded to the divisional WSH committee through the site administration.