Prevention of Workplace Violence Policy

TBR Policy Reference: 5.01.00.01

Approved by: Dr. George Pimentel

Original Date Effective: 2021-10-01

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: o 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 JSCC, JSCC 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 JSCC or one of its institutions.

Policy/Guideline

Commitment to a Safe and Healthy Workplace
1. JSCC has a strong commitment to its employees to provide a safe, healthy and secure work environment.
2. JSCC 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. JSCC 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. JSCC’s Policy controls the possession and use of weapons on property owned or controlled by TBR and its institutions. To the extent that this policy conflicts with the provisions of that policy, that policy controls.
Applicability
1. The provisions of this policy apply to all JSCC employees and to all JSCC work sites owned or occupied by JSCC or its institutions.
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.
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 JSCC and institution 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.
Prohibited Activities
1. JSCC specifically prohibits the following:
  1. Possessing, storing or using a weapon in violation of JSCC Firearms and Other Weapons Policy.
  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.
2. An employee who engages in any of these prohibited activities will be subject to discipline, up to and including termination of employment.
Permissible Activities
1. The-following activities do not violate this policy:
  1. Disciplinary procedures conducted in accordance with institutional or JSCC 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.
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.
Right to Search for Weapons
1. Any JSCC institution 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, JSCC 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.
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: See attached Exhibit

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

TBR Guide to Gun Laws on Campus

PERSON IN POSSESSION***	CRIME****	POLICY VIOLATION	ACTION
Anyone with firearm in hand or otherwise visible to ordinary observation, in or out of vehicle, anywhere on campus.	YES TCA §39-17-1309(b)(1)	YES TCA §39-17-1359	*ARREST POSSIBLE.** Report any action taken with respect to employee or student to appropriate campus office.
Registered, full-time employee of institution with valid handgun carry permit, carrying concealed handgun	NO TCA § 39-17-1309(e)(9)	NO TBR Policy 7.01.00.00	*Confirm registration of employee and possession of valid handgun carry permit.
Anyone, except a registered, full-time employee with a handgun carry permit, carrying concealed handgun or other firearm	YES TCA § 39-17-1309(e)(9)	YES TBR Policy 7.01.00.00	*ARREST POSSIBLE.** Report any action taken with respect to employee or student to appropriate campus office.
Student without carry permit, gun in vehicle.	YES TCA §39-17-1309(b)(1)	YES TBR Policy 3.02.00.01, II.D.8.	ARREST POSSIBLE*. Report any action taken to appropriate campus office.
Employee with carry permit, gun secured in vehicle, out of sight. Vehicle is properly using parking area.	NO TCA §39-17-1313	NO TCA §49-7-163	Confirm valid handgun carry permit
Student with carry permit, gun secured in vehicle, out of sight. Vehicle is properly parked.	NO TCA §39-17-1313	NO TCA §49-7-163	Confirm valid handgun carry permit.
Non-student adult without carry permit, gun contained in private vehicle, in or out of sight. Gun may NOT be handled.	NO TCA §39-17-1309(c)(1)	NO** TBR Policy 7.01.00.00, III.B	Allow gun to remain in private vehicle without being handled.
Non-student adult picking up or dropping off passengers only. Gun may not be removed or utilized.	NO TCA §39-17-1310(4)	NO** TBR Policy 7.01.00.00, III.B	Allow to pick up and drop off passengers.
Person possessing guns or knives when conducting or attending “gun and knife shows” approved by the President/Director	NO TCA §39-17-1310(3)	NO	Confirm the approved “gun and knife show”.

*The officer has the discretion to make an arrest consistent with their training and Standard Operating Procedures. If there is not campus law enforcement with police powers, local law enforcement may be contacted. If action is taken with respect to an employee or student, the matter should also be reported to the appropriate campus office.

** Campus should be posted in accordance with TCA §39-17-1309 and TCA §39-17-1359.

*** Active-duty POST-certified law enforcement officers, on or off duty, may carry firearms at all times and places. Law enforcement officers include a sheriff, who is POST-certified, or a deputy sheriff who is employed by a county as a court officer or corrections officer, as authorized in writing by the sheriff. TCA § 39-17-1350.

****Campus law enforcement officers may use this as a guide but because it is only a summary, they should review and base their decisions on the Tennessee Code.