Workplace Violence Policy

Approval: Senior Leadership Team
Responsibility: Vice-Principal (Finance and Administration)
Date Initially Approved: January 2001
Date(s) Revised: October, 2023; July, 2010

Definitions

Employment Supervisor means persons with administrative and supervisory responsibilities, such as Department Heads, Directors, Managers and Unit Supervisors, all of whom have responsibility under this Policy and Procedure. The supervisor is usually the first contact for Employees inquiring about this Policy.

Employee (Worker), as defined by the Occupational Health & Safety Act, means any of the following,

• A person who performs work or supplies services for monetary compensation. This includes students who have an employment relationship with the University (i.e. casual employee, residence Don, work study student, graduate student employed as a teaching assistance teaching fellow or research assistant, etc.) and who are acting in their employment capacity.
• A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.
• A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university, or other post-secondary institution.

Reprisal means the act or threat of penalizing, intimidating, or coercing an individual for acting in good faith to carry out or assist with any step provided for in the Policy. Engaging in an act of Reprisal constitutes a breach of this Policy.

University Property means property owned, rented, or otherwise used by the University.

Workplace means any place where a University Employee engages in employment activity. This includes the learning environment and virtual/online workspace (such as a virtual meeting, lecture, conference, etc.), employment activities outside the normal place of work, and employment activities that occur outside of normal work hours. A workplace does not include a home office or similar location that has been approved as a Designated Work Location under a Remote Work Arrangement.

Workplace Violence, as defined by the Occupational Health and Safety Act, means,

• The exercise of physical force by a person against a worker, in a workplace, which causes or could cause physical injury to the worker,
• An attempt to exercise physical force against a worker, in a workplace, which could cause physical injury to the worker,
• A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, which could cause physical injury to the worker. This may include:
  • Verbally threatening to attack a worker.
  • Leaving threatening notes at or sending threatening e-mails.
  • Shaking a fist in a worker's face.
  • Wielding a weapon at work.
  • Hitting or trying to hit a worker.
  • Throwing an object at a worker.
  • Sexual violence against a worker.
  • Kicking an object the worker is standing on such as a ladder; or
  • Trying to run down a worker using a vehicle or equipment such as a forklift.
• Domestic/Intimate Partner Violence is included in the definition of workplace violence when it is likely to expose an employee to physical injury in a workplace. It is defined as a pattern of behaviour used by one person to gain power and control over another person with whom they have or previously had an intimate relationship¹. Domestic/Intimate Partner violence can include:
  • Physical violence with the use of hands, objects, or weapons.
  • Sexual violence, including threats, intimidation, physical force or using a position of power for sexual purposes.
  • Emotional abuse, verbal abuse, or psychological intimidation, including threatening to kill a partner, a child, a pet, or livestock.
  • Spiritual abuse, including using religion to threaten or intimidate, forcing someone to comply with religious beliefs against their will or preventing someone from practicing their beliefs.
  • Financial abuse, including stealing, controlling finances, forcing a partner to work, or prohibiting a partner from working.
  • Harassment and stalking, including monitoring a partner’s activities online, using electronic devices to watch or control them, following them or consistently invading their privacy; and/or
  • Cyber-violence, including image and video sharing without consent, taking pictures or video without a person’s consent, online bullying, harassment, unwanted sexting and hate speech.

The definition of Workplace Violence is broad enough to include acts that would constitute offences under Canada's Criminal Code.

¹Domestic Violence ontario.ca

Purpose

To outline the university’s approach to managing incidents or risks of Workplace Violence on University Property and in University Workplaces, in compliance with provincial regulatory requirements regarding Workplace Violence. The legislation includes the following:

• Ontario Occupational Health & Safety Act

In situations involving workplace harassment, which includes sexual harassment and harassment by provocation or incitement, the Queen’s Harassment and Discrimination Prevention and Response Policy is the guiding document.  

Scope

This Policy applies to all individuals engaged as Employees (Workers)  by the University, on University Property, or in a University Workplace, including work related functions, business, and social events.

This Policy and its Procedure do not override or diminish the rights provided to employees under collective agreements.  Where there is a conflict between this Policy or its Procedures and a collective agreement, the terms of the relevant collective agreement shall govern.

Policy Statement

To be successful and fulfill the University’s vision for the future, all members of our community must feel respected, safe, valued, and empowered to thrive. Therefore, Queen’s University is committed to maintaining an environment that is free of all Workplace Violence. As such, Workplace Violence is prohibited at Queen’s University and all complaints or incidents will be investigated promptly in a fair, respectful, and timely manner that balances respect for the needs of persons affected by violence with legal compliance and the need to protect individual and community safety. This includes regular communications regarding the status of the investigation with the affected parties. Appropriate action will be taken based on assessment of the level of threat.

The University is committed to Indigenization, equity, diversity, inclusion, anti-racism, and accessibility and recognizes that members from equity-deserving groups can be more vulnerable to Workplace Violence.

Employees making a report or complaint under this Policy are protected from reprisal when they have acted in good faith and compliance with the requirements of this Policy and the Occupational Health and Safety Act.

Making complaints or reports in bad faith or actions that undermines the purpose of this Policy is prohibited. The imposition of corrective actions or other sanctions for making a report or complaint under this Policy in bad faith is not an act of reprisal.

Responsibilities

Risk and Safety Services

• Develop and maintain a program to implement this Policy as required by the Occupational Health & Safety Act.
• Meet with and take counsel from the Human Resources and Faculty Relations offices regarding the effective promulgation of the policy and procedures, enforcement of the requirements, and implementation of training for bargaining unit members and supervisors
• Provide employees with the appropriate information and instruction to   enable them to identify, report, and respond to acts or threats of violence.
• Implement a notification system for the University’s main and west campuses to promptly notify the University community of widespread threats of violence.
• Work with senior leadership and other departments with authority to hold the employees accountable by recommending corrective actions up to and including discharge for violation of this policy. The University, through legal avenues, may also initiate criminal or civil proceedings against persons who engage in Workplace Violence.

Employment Supervisor

• Promote a Workplace free of violence, communicating this policy and the associated procedure to employees within their faculty/department.
• Take all complaints of Workplace Violence seriously and promptly report them as required by the Workplace Violence Prevention Procedure.
• Document incidents of Workplace Violence within the workplace using an Incident and Investigation Report.
• Advise the individual affected of resources available to assist them in dealing with the situation which may include the Department of Environmental Health and Safety, Campus Security and Emergency Services, the Employee Family Assistance Program, the Police, Office of Faith and Spiritual Life, Human Rights and Equity Office, appropriate community resources ,  and the employee’s usual health care providers.  

Employees

• Promote an environment free of Workplace Violence.
• Notify their supervisor immediately of any potential situation of violent acts or threats directed at an employee, between employees or by a student or member of the public towards an employee. As outlined in the Workplace Violence Procedure, if there is an active violent situation or immediate threat of violence that requires external intervention, call 911 and Campus Security and Emergency Services (CSES).
• Provide input as requested to assist in the assessment of specific Workplace Violence risks for their faculty/department.
• Disclose any threats made towards them by family members or individuals with whom they are in an intimate relationship which may impact the Workplace so a safety plan can be developed if necessary.

Campus Security and Emergency Services (CSES)

• Upon receiving a report of a Workplace Violence incident, refer the affected employee to relevant support services.
• Advise the Office of Risk and Safety Services and communicate to the Assessment and Care Team (ACT) and/or the Threat Assessment Team (TAT) where necessary to mitigate risk.
• As required, assist in developing a safety plan with the employee, the faculty/department, and applicable campus partners (e.g. the Department of Environmental Health & Safety, faculty relations, human resources, etc.). Safety plans are considered dynamic and shall be reviewed/updated based on changing circumstances.
• Take all complaints and/or allegations of violence seriously and promptly file an incident report.
• Inform an employee of their options for reporting and assist at the request of the employee in making a report to the appropriate law enforcement agency,
• When a threat assessment identifies a need for action, coordinate making a report to the appropriate law enforcement agency.
• Inform Human Resources or the employee’s supervisor of any risk to that employee or other University employees.
• If there is a real or potential threat to the employee conducting the interview, assist Human Resources when they are interviewing employees regarding an incident. Otherwise, assistance or presence at an interview will be only when requested by Human Resources and agreed to by the employee making the complaint.
• Collect evidence and take photographs as appropriate for use internally or by law enforcement agencies.

Policy Review

The Office of Risk and Safety Services will ensure this Policy, and all related procedures, are reviewed as often as is necessary, and in any event, at least annually. The Department of Environmental Health and Safety will be responsible for consulting with the university’s Joint Health & Safety Committees as appropriate.

Responsible Officer: Vice-Principal (Finance and Administration)
Contact Officer: Executive Director, Risk and Safety Services
Date for Next Review: November, 2024
Related Policies, Procedures, and Guidelines:

• Workplace Violence Procedure
• Harassment and Discrimination Prevention and Response Policy
• Policy on Sexual Misconduct and Sexual Violence Involving Students
• Weapons and Replica Weapons Policy
• Threat Assessment Protocol
• Student Code of Conduct