Current through all regulations passed and filed through September 16, 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.
(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
