HR3340 - Violence in the Work Place

1. Institutional Regulations
   
   The College is committed to providing a safe, professional work environment. Violence on College property by employees is prohibited and may result in disciplinary action, up to and including discharge.
    
2. Definitions
   1. Use of Force - any contact applied that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of an employee. This includes the use of restraint devices such as handcuffs.
   2. Deadly Force (Section 704.2, Code of Iowa) - for the purpose of this procedure, shall mean any of the following:
      1. Force used for the purpose of causing serious injury.
      2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur.
      3. The discharge of a firearm, in the direction of some person with the knowledge of the person’s presence there, even though no intent to inflict serious physical injury can be shown.
      4. The discharge of a firearm, at a vehicle in which a person is known to be.
   3. Reasonable Force (Section 704.1, Code of Iowa) - Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is not available or if the alternative entails a risk to life or safety, or the life or safety of a third party.
   4. Weapons - A “weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, Weapons may include, but are not limited to: any offensive weapon, firearms of any kind such as pistols, revolvers, or other guns, BB or pellet guns, knives such as daggers, razors, stilettos, switchblade knives or knives with a blade exceeding five inches in length, tasers, explosives or incendiaries such as bombs, grenades, or fireworks, poison gas, or simulations of any such items (devices that appear to be real such as a realistic toy, replica, paint-ball gun, etc.). A weapon may also include an object of any sort whatsoever which is used in such a manner as to indicate that the person using the object intends to inflict death or serious injury upon another person, or which is threatened to be used in such a manner, and which, when so used, is capable of inflicting death upon a human being. A weapon may also include any part or combination of parts either designed or intended to be used to convert any item into a weapon or to assemble into a weapon. Canisters of “mace,” “pepper gas” and other such commercially available defensive devices carried and used by DMACC employees exclusively for personal protection may not be deemed to constitute weapons unless they are displayed or used for purposes other than personal defense.
   5. College Property -
      1. All DMACC campuses, attendance centers, dining facilities, and office buildings, whether owned, leased, or rented by DMACC.
      2. All housing owned by DMACC or that lies within the boundaries of a DMACC campus (provided, however, that residents of such housing may possess knives having a blade exceeding five inches for cooking purposes).
      3. No DMACC location is exempt from this policy. This includes personal vehicles located on DMACC property, DMACC vehicles, DMACC walking trails, and DMACC outdoor athletic complexes.
   6. Threat - A statement or an action indicating an ambiguous or future risk of violence. Examples of threats would include statements or actions, unaccompanied by actual violence, suggesting a current propensity for future violence (e.g., “I am considering suicide,” or “Someday I will make you regret what you did to me.”), and ambiguous bomb threats (e.g., “There is a bomb on one of the six campuses”).
3. Procedure
   1. The following acts by employees are prohibited:
      1. The use of force in order to cause harm to another person, whether or not it is deadly force.
      2. Offensive and/or unlawful touching by one person against another
      3. Threats of bodily harm to another
      4. The use of abusive language, threatening, or intimidating comments
      5. The possession of unauthorized weapons on College property and in programs/activities. See HR3341 
      6. Conduct detrimental to College employees, which may cause undue disruption of work or endanger the safety of persons or property
      7. Stalking
      8. Causing or encouraging another to commit conduct as described above
   2. This policy applies to:
      1. All DMACC campuses and attendance centers whether owned, leased, or rented by DMACC.
      2. All housing owned by DMACC or that lies within the boundaries of a DMACC campus.
      3. Any location where a DMACC employee is performing a work function.
      4. No DMACC location is exempt from this policy. This includes personal vehicles located on DMACC property, DMACC vehicles, DMACC walking trails, and DMACC outdoor athletic complexes.
   3. Reporting suspected violations
      1. Employees who believe they have been subjected to or have witnessed violence on College property should immediately terminate all contact and communication with the offending party and notify DMACC Security (Ankeny and Urban Campuses), or their supervisor/Dean/Provost to file a Campus Incident Report located online at https://infopath.dmacc.edu/security/default.aspx. They may also file an incident report themselves.
      2. Allegations of work place violence shall be promptly investigated and, if substantiated, disciplinary action shall be taken (see HR3235 - Discipline and Discharge ).
      3. Allegations of threats require assessment before action is taken and, depending on the nature of the threat, shall be immediately reported by Security, the supervisor, Provost, or Dean to a member of the College Crisis Management Team (CMT). The CMT shall evaluate threats, with the assistance of expert resources as needed, and direct such institutional action as is appropriate to reduce or eliminate the risk of danger.
      4. When appropriate, violations of this procedure shall be reported to law enforcement agencies for investigation.
      5. Subjecting a person to coercion or retaliation for filing a report under this procedure or for providing information regarding a report filed is prohibited.
      6. Intentional filing of a false report is prohibited. An employee found to have filed a false report may be subject to discipline.
4. Disciplinary Action
   1. Subject to the exceptions listed in V below, any employee who is found to have violated the Violence in the Workplace procedure may be subject to discipline, up to and including discharge.
   2. Violations of the Violence in the Workplace procedure may result in referral to law enforcement.
5. Exceptions
   1. Use of reasonable force as defined in II, C (above) is allowed.
   2. This policy does not apply to any certified law enforcement officer acting in the line of duty.
   3. This policy does not apply to individuals hired or contracted for DMACC security purposes and acting in the line for duty.

Policy HR411 - Discipline 

Policy HR417 - Employee Conduct and Conflict of Interest 

Policy F802 - Weapons on College Property Firearms And Weapons On College Property 

Adopted: October 1, 2002
Reviewed: Annually

Revised:
February 1, 2006

November 1, 2009

February 1, 2011

November 1, 2011

March 20, 2018

September 1, 2020