Organizational Culture and Engagement

06:58:02 Workplace Violence

1. Purpose:
   1. To provide all employees with a workplace environment free from physical violence, threats, and intimidation.
2. Definitions
   1. Violence or threats means acts of violence or threats of aggression including gestures or, oral or written expression that:
      1. create fear of bodily harm;
      2. cause or can cause death or bodily injury;
      3. threaten the safety of a co-worker, student or member of the public
      4. or, damage property.
         1. 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).
   2. On the Work Site/In the Workplace means all real property owned or occupied by TBR, TBR vehicles and personal vehicles when in use performing state business
   3. 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.
   4. Employee means, for purposes of this guideline only, persons receiving a payroll check from TBR or one of its institutions.
3. Policy/Guideline
   1. Commitment to a Safe and Healthy Workplace
      1. The College has a strong commitment to its employees to provide a safe, healthy and secure work environment.
      2. The College 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. TBR 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. College Policy 06:58:01, Firearms and Other Weapons, controls the possession and use of weapons on property owned or controlled by the College. To the extent that this policy conflicts with the provisions of that policy, that policy controls.
   2. Applicability
      1. The provisions of this policy apply to all College employees and to all College work sites owned or occupied by the College.
      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.
   3. Implementation
      1. It is the responsibility of the Office of Organizational Cutlure and Engagement to ensure that all employees are informed about this policy. This policy shall be posted on the College website 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 Office of Organizational Culture and Engagement.
      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.
   4. Prohibited Activities
      1. The College specifically prohibits the following:
         1. Possessing, storing or using a weapon in violation of College Policy 06:58:01.
         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
   5. Permissible Activities
      1. The-following activities do not violate this policy:
         1. Disciplinary procedures conducted in accordance with institutional or TBR 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.
   6. 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 Office of Organizational Culture and Engagement.
      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 OCE and Campus Police 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 OCE .
   7. Right to Search for Weapons
      1. Any TBR 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, TBR 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.
   8. Prohibition of 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.
   9. Discipline:
      1. An employee who violates this Guideline by engaging in any of the prohibited activities, pursuant to TBR guideline/policy, is subject to discipline up to and including immediate dismissal.
         1. An employee who violates this Guideline by bringing a weapon onto the work site whose employment is not terminated will be subject to searches from time to time, for an indefinite period not to exceed one (1) year from the date of the violation.
         2. An employee’s consent to submit to a search for weapons, based on reasonable suspicion, is required as a condition of continued employment and the employee’s refusal to consent may result in disciplinary action, possibly including dismissal.
   10. Miscellaneous:
       1. If an employee is injured while participating in a fight or after instigating a fight, then entitlement to workers’ compensation benefits may be denied, as consistent with Tennessee law.
       2. No part of this Guideline, nor any procedure therein, is intended to be construed as a guarantee or contract of employment or continued employment.
   11. Exceptions:
       1. Exceptions to this Guideline, not otherwise prohibited by law, must be approved by the President.

5.01.00.01 Prevention of Workplace Violence

Submitted to Policy Review Committee on February 28, 2025

Submitted to Policy Review Board on April 11, 2025

Updates approved by Policy Review Board on May 7, 2025

Previous Version(s)

Approved: Executive Staff, 05/20/09
Approved: President’s Cabinet, 05/20/09
Approved: President, 05/20/09
Reviewed and Revised by: Human Resources, November 2000

Source: TBR President’s Meeting November 3, 1999. For additional information see TBR Guideline P-085.