Ohio Admin. Code 3339-3-25

Current through all regulations passed and filed through October 28, 2024

Section 3339-3-25 - Workplace violence

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.

(D) This policy will not be enforced so as to infringe upon legitimate First Amendment rights, including the right to academic freedom or the university's right to direct and evaluate employee performance and take appropriate disciplinary action.

Replaces: 3339-3-25

Ohio Admin. Code 3339-3-25

Effective: 3/6/2015
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/13/12,9/12/13