Zero Tolerance for Threats or Acts of Violence
1. PURPOSE
Brigham Young University–Hawaii ("BYU–Hawaii" or "university") is committed to creating and maintaining an environment that is free from violence for all members of the university community consistent with the values of our sponsoring organization, The Church of Jesus Christ of Latter-day Saints. The purpose of this policy is to set forth standards of conduct to provide an environment free from acts of violence. This policy is supplemental to all applicable state and federal laws and the CES Honor Code.
2. POLICY
BYU–Hawaii does not tolerate any acts of violence committed by or against students, employees, contract employees, or visitors at any campus facility or at other locations where university-sanctioned activities occur. Any act of violence, as defined in this policy, committed by a university employee or student will be cause for disciplinary action, up to and including termination of employment (employee) or suspension or expulsion from campus (student). University officers and staff will respond promptly to acts of violence against employees, contract employees, students, and campus visitors and will take all reasonable and practicable measures to protect university ohana members from acts of violence.
3. IMPLEMENTATION
3.1 Definitions
3.1.1 Acts of Violence
Acts of violence is defined as the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in harm, injury, death, psychological harm, or other injury. Acts of violence include threats, harassment, intimidation, bullying, damaging property, and assault.
3.1.2 Campus Facilities
All university-owned, -controlled, or -leased premises, including satellite locations, any location at which university business is conducted, or at which employees, students, or visitors represent the university, including while attending off-campus meetings or conferences, or while riding in university-owned or -leased vehicles.
3.2 Preventive Measures
3.2.1 Threat Assessment
Campus Safety & Security, in collaboration with Human Resources and/or the Behavioral Intervention Team, is responsible for receiving threat reports, conducting assessments, determining appropriate responses, and tracking and conducting related training of campus leaders.
3.2.2 Interventions
Campus Safety & Security will see that University security officers are trained in violence awareness and prevention, nonviolent crisis intervention, and conflict and dispute resolution. If called upon to intervene in an active incident of violence, full-time University security officers, based on their training and in the course and scope of their duties and responsibilities, may use lethal force, if necessary, to defend themselves and others. When informed, University security officers will maintain a record of any judicial orders of protection.
The management chain of a student, employee, or contractor who is a victim of violence may make special accommodations or adjustments in work schedule, work location, or working conditions, in order to enhance the employee’s safety.
For an employee, the University shall grant a victim the use of available paid leave, accumulated paid time off, leave without pay, and/or flexible work scheduling for medical, court, or counseling appointments related to trauma and/or victimization. Employees can also use Family & Medical Leave, if eligible.
For students, accommodations may be made to consider alternative class schedules, living arrangements, safety escorts, etc., to avoid contact with the perpetrator of the violence.
3.3 Prohibited Conduct
No person may engage in violent conduct or make threats of violence, implied or direct, on campus or in any setting in which a university sponsored activity occurs. This includes but is not limited to the following:
- The use of force with the intent to cause harm (e.g., physical attacks, any unwanted contact such as hitting, fighting, pushing, or throwing objects);
- Behavior that is considered sexual/domestic violence, racial, religious, or ethnic harassment (e.g., hate symbols, words, name calling, slurs, and gestures);
- Acts or threats which intimidate, harass, threaten, bully, coerce, or cause fear of harm either physically or emotionally;
- Acts or threats made by oral or written words, gestures, or symbols that communicate a threat of physical or mental harm;
- Intentionally damaging employer property or property of another; and,
- Possession of a dangerous weapon (e.g., firearm, stun gun, knife with a blade which is 3” or longer, explosive device, bow and arrow, brass knuckles) while on campus or while on university business unless specific written permission from the Director of Campus Safety & Security is given.
No person may carry, possess, or use any dangerous weapon or instrument in a University workplace, unless the individual doing so is a certified law enforcement officer acting within the course and scope of his or her duties.
Prohibited conduct does not encompass lawful acts of self-defense or the defense of others.
3.4 Reporting Responsibilities
All University employees and students have an affirmative obligation to report acts of violence or situations that reasonably appear to be threatening. Those who make such reports in good faith will be protected from any retaliatory employment actions. Additionally, employees and students are obligated to cooperate with any investigation of violence, such as being asked to provide statements regarding an incident of violence to which they were a witness.
3.4.1 Observed Acts of Violence
An observed act of violence, by employees or students, must be immediately reported to Campus Safety & Security by calling (808) 675-3911. Attempts should be made to diffuse a potentially volatile situation; ensure safety of employees, students or visitors; and/or seek medical attention if necessary. Situations representing imminent danger should be reported to the Honolulu Police Department by calling 911.
Campus Safety & Security will conduct an investigation of the incident and give a report to the involved parties’ management chain and to HR for appropriate disciplinary action.
3.5 Investigation and Disciplinary Action
3.5.1 Investigation
Behaviors or attitudes such as recent changes in behavior, appearance, or demeanor; work or personal crisis; withdrawal from normal activities or contacts; substance abuse; threats or references to violence or self-harm; possession of or fascination with weapons; and expressions of being wronged, humiliated, or degraded, may be indicators of potential disruptive, threatening, or violent behaviors and may be confidentially reported to Campus Safety & Security.
In such cases, Campus Safety & Security will conduct a circumspect investigation, recommend a preventive intervention to the employee’s manager, and take other steps as deemed necessary to protect everyone who may be involved.
3.5.2 Disciplinary Action
Violating this policy may result in criminal prosecution and/or immediate termination of employment (employee) or suspension or expulsion from campus (student). Other action taken against violators may include mediation; or, referral to counseling, Office of Honor, or Human Resources. Depending on the circumstances, University management may request law enforcement to remove anyone from the premises who makes threats, exhibits threatening behavior, bullies, harasses others, attempts to intimidate others, or intentionally damages property.
If it has been determined that prohibited behavior has occurred, such action may include criminal prosecution of the person or persons involved, and/or termination of enrollment or employment. Action may also include mediation or referral to Counseling Services.
3.5.3 Intentional False Reports
Deliberately false or misleading claims of violence that appear to have been filed with the intention to harass or that appear to be frivolous or an abuse of the violence reporting process will be subject to disciplinary action, up to and including termination of employment or suspension or expulsion from the university.
3.6 Retaliation
Retaliatory action against anyone acting in good faith who has made a complaint of; who has reported witnessing; or who has been involved in reporting, investigating, or responding to violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination of employment or suspension or expulsion from the University.