Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-3 - In General › Section 3339-3-25 - Workplace violence

Current through all regulations passed and filed through July 1, 2024
Call 911 in an emergency (violent,
				hostile, or threatening situation in progress).
(A)
								A statement of
			 policy
Miami university is committed to
				promoting and maintaining a safe working and learning environment for its
				employees and students. Threatening, intimidating, or violent behavior will not
				be tolerated. If such conduct occurs, it should be promptly reported to the
				proper authorities (police and/or appropriate personnel office) and will be
				investigated.
Persons found to have violated this
				policy will be subject to disciplinary action up to and including termination
				in accordance with the appropriate collective bargaining agreement, classified
				civil service rules, and/or university disciplinary policy.
Any person who is the victim of
				threatening or violent conduct in the workplace, or who observes such behavior,
				or who believes a credible threat of such behavior exists is expected to
				immediately report the conduct to the proper authorities (police and/or
				appropriate personnel office). Those who, in good faith, make such reports will
				be protected from retaliation.
(B)
								Conduct
			 prohibited by this policy
Prohibited conduct in the workplace
				includes violent behavior, intimidation, stalking, threats, domestic violence,
				and property damage committed by or against any faculty, staff, or
				student.
(C)
								Definitions
(1)
									Workplace is defined as any location owned, leased, or
			 rented by Miami university, or any location where a university employee is
			 acting in the course and scope of employment. This includes, but is not limited
			 to, buildings, grounds, and surrounding property, including streets, parking
			 lots, field locations, classrooms, and residence halls. It also includes
			 vehicles when those vehicles are used for university business.
(2)
									Violent behavior
			 involves a physical assault on a person, or a physical action intended to
			 damage property. It does not include lawful acts of self-defense or the defense
			 of others. Physical assault includes unwanted or hostile physical contact such
			 as hitting, fighting, pushing, shoving, or throwing objects at a person.
(3)
									Intimidation/bullying is engaging in actions that include,
			 but are not limited to, behavior intended to frighten, coerce, or induce
			 duress.
(4)
									Stalking is
(a)
										Engaging in a course of conduct directed at a specific
			 person that would cause a reasonable person to:
(i)
											
											Fear for the person's safety or the safety of others;
			 or
(ii)
											
											Suffer
			 substantial emotional distress.
(b)
										
										For the purpose of this definition:
(i)
											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 interferes with a person's property;
(ii)
											Substantial
			 emotional distress means significant mental suffering or anguish that may but
			 does not necessarily require medical or other professional treatment or
			 counseling;
(iii)
											Reasonable person means a reasonable person under
			 similar circumstances and with similar identities to the
			 victim.
(5)
									Threat is the
			 expression of intent to cause physical or mental harm whether verbal or written
			 that would cause a reasonable person to fear for his or her safety or the
			 safety of others. It includes bringing a firearm, knife, or other weapon to the
			 workplace. 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.
(6)
									Domestic violence is a felony or misdemeanor crimes of
			 violence committed by:
(a)
										A current or former spouse or intimate partner of the
			 victim;
(b)
										A person with whom the victim shares a child in
			 common;
(c)
										A person who is cohabitating with or has cohabitated
			 with the victim as a spouse or intimate partner;
(d)
										A person
			 similarly situated to a spouse of the victim under the domestic or family
			 violence laws of the jurisdiction in which the crime of violence occurred;
			 or
(e)
										Any other person against an adult or youth victim who
			 is protected from that person's acts under the domestic or family violence laws
			 where the crime of violence occurred.
(7)
									Dating violence
			 is violence committed by a person who is or has been in a social relationship
			 of a romantic or intimate nature with the victim.
(a)
										The existence of
			 such a relationship shall be determined based on the reporting party's
			 statement and with consideration of the length of the relationship, the type of
			 relationship, and the frequency of interaction between the persons involved in
			 the relationship.
(b)
										For the purpose of this definition:
(i)
											Dating violence
			 includes, but is not limited to, sexual or physical abuse or the threat of such
			 abuse.
(ii)
											Dating violence does not include acts covered under the
			 definition of domestic violence.
(8)
									Property damage
			 is intentional damage to property and includes property owned by the university
			 or its employees, visitors, vendors, or others.