4000-3-4 Assessing & Addressing Violence

Policy

Lambton College will not tolerate any form of workplace violence or any situation that places members of the College community in a position that may jeopardize their personal safety on College property or during any College activity.

This policy applies to:

• all employees regardless of employment status,
• students, including those on co-op, field, or clinical placement either on or off campus. Students employed by or placed at Lambton
• College are considered employees of Lambton College and must also follow employee reporting requirements.
• members of the Board of Governors, or other committees established by the College,
• contractors such as those undertaking construction, provision of service or research,
• clients,
• visitors and guests.

All individuals are responsible for maintaining, promoting, and contributing to a safe work and educational environment.

1. The College will assess, and reassess as often as is necessary, the risks of workplace violence which may arise from the nature of the workplace, the type of work or the conditions of work.
   1. The College will establish measures and procedures to control the risks identified in the assessment which will be specific to Lambton College.
   2. The College will advise the Joint Occupational Health and Safety Committee, or Health and Safety Representative, if any, of the results of the assessment, and provide a copy of the assessment in writing.
2. The College will ensure measures and procedures for summoning immediate assistance when an act of workplace violence occurs or is likely to occur.
3. The College will ensure measures and procedures for reporting incidents of workplace violence.
   1. The College will investigate and deal with incidents or complaints of workplace violence quickly, fairly, and effectively. Upon receiving a complaint, the Director of Facilities and Director, Human Resources, or designates shall determine if the matter can be investigated internally or by utilizing an external investigator. The investigator must be a qualified investigator with workplace violence investigation experience or training in Human Rights investigation and not employed by the College. If the matter is to be investigated internally, the investigation will be completed by the Director of Facilities and Director, Human Resources or designates. The complainant and the respondent will be advised of the method of investigation.
   2. The Investigator shall investigate and consider all evidence pertaining to the complaint, including oral and/or written submissions by the Complainant, the Respondent, witnesses to the alleged incident(s), and any other evidence deemed relevant by the investigator. All details of the investigation, including names of all participants, shall be held in strict confidence to the extent possible by the investigator. Within thirty (30) working days from the time the Investigator is appointed, the Investigator shall submit a written report including findings and recommendations to the Director of Facilities and Director, Human Resources or designates.
   3. Based on the investigator's report, the appropriate Senior Vice-President/Vice-President shall determine the course of action.
   4. Recommended action could include, but is not limited to, any of the following: education, training, counselling, a reprimand, a private or public apology, relief from specific duties, transfer, suspension, dismissal or expulsion, removal from residence, reassessment of academic work etc. and shall be undertaken pursuant to the relevant College policy or collective agreement.
4. If the College becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose an employee to physical injury may occur in the workplace, the College will take every precaution reasonable in the circumstances for the protection of the worker.
5. The College will provide information and instruction regarding workplace violence as described in Policy 4000-5-3 Respectful College Community
6. The College will review this policy as often as is necessary, but at least annually.

Confidentiality

1. Lambton College has a duty to provide personal information related to a risk of workplace violence from a person with a history of violent behaviour if:
   1. The worker can be expected to encounter that person in the course of their work, and
   2. The risk of workplace violence is likely to expose the worker to physical injury
2. The College shall not disclose more personal information in the circumstances than is reasonably necessary to protect the worker from physical injury.

Sanctions

1. Documented and substantiated situations of workplace violence may result in disciplinary action according to the Employee Discipline Policy, Students Rights and Responsibilities and Discipline Policy, other appropriate College policies, or through police action.
2. Where a person believes that their personal safety may be at risk, the College reserves the right to issue a Notice of Trespass, during and at the conclusion of any investigation and/or resolution, to an individual(s) alleged to have committed an act of workplace violence.
3. All employees and students of the College community are required to participate in College proceedings related to this policy as part of their contractual obligation with the College and are encouraged to participate in any criminal investigation/proceeding conducted by the police and courts. However, it does not preclude the right of the College or an individual to seek other legal options.
4. It is understood, that the College and all members of the College community may continue to exercise their pre-existing legal rights without recourse to this policy.

Definitions

Workplace Violence

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;
• an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker;
• a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

For emergency assistance, contact College Emergency Services (x 3333) internally from Microsoft Teams or call 911.

Employees

1. Reporting Violence
   1. Employees will report any threats, attempts or exercised acts of workplace violence that place themselves or any other member of the college community in an unsafe situation to campus security as well as their supervisor, and submit an incident report form.
2. Resolution Process
   1. The Director, Human Resources or designate will investigate the complaint and provide the employee member with a report of their investigation within 30-days of receiving the initial complaint. If additional actions are necessary, the Director, Human Resources or designate will update the complainant as the complaint process develops.

Students

1. Reporting Violence
   1. Students employed by, or placed at, Lambton College are considered employees of Lambton College and must also follow employee reporting requirements. Students must report any threats, attempts or exercised acts of violence that place themselves or any other member of the College community in an unsafe situation to their instructor, Registrar or the Dean and submit an incident report form.
2. Resolution Process
   1. The Dean or Registrar will investigate the complaint and provide the student with a report of their investigation within 30-days of receiving the initial complaint. If additional actions are necessary, the Dean or Registrar will update the complainant as the complaint process develops.

Students on Co-op, Field or Clinical Placement

1. Reporting Violence
   1. Students including those on co-op, field, or clinical placement either on campus or off as well as students that are employed by or placed at Lambton College are considered employees and must report threats, attempts or exercised acts of violence that placed themselves or any other member of the community in an unsafe situation to their employer, co-op consultant, supervising faculty member, or program coordinator accordingly.
2. Resolution Process
   1. The Dean or Registrar will investigate the complaint and provide the student with a report of their investigation within 30-days of receiving the initial complaint. If additional actions are necessary, the Dean or Registrar will update the complainant as the complaint process develops.

Contractors, Clients, Visitors and Guests

1. Reporting Violence
   1. Contractors and members of the public must report any threats, attempts or exercised acts of violence that place themselves or any other member of the College community in an unsafe situation to security or Facilities Management.
2. Resolution
   1. The Director, Facilities Management or designate will investigate the complaint and provide the individual complainant with a report of their investigation within 30-days of receiving the initial complaint. If additional actions are necessary, the Director, Facilities Management or designate will update the complainant as the complaint process develops.

Incidents of Violence causing Injury

First Person at the Scene

• Call 911 or send another person to call
• Contact immediately College Emergency Services at x 3333
• Apply first aid as appropriate
• Take charge of the scene until College Emergency Services or Emergency Medical Services arrive
• Take measures to prevent others from being exposed to the hazards involved in the incident

College Emergency Services

• Take control of the accident scene from the first person on the scene
• Take measures to ensure others will not be exposed to hazards involved in the incident
• Assess the level of injury and ensure Emergency Medical Services has been notified, as appropriate
• Control access to the accident scene and ensure potential evidence is not contaminated and contact a member of facilities (Director – Facilities, Manager - Health and Safety, or Health and Safety Coordinator), and report details of the incident once assessment is complete, in the event of a fatal or critical injury.
• Canvass for potential witnesses
• Escort responding Emergency Medical Services to the scene

References

• Occupational Health & Safety Act
• Freedom of Information and Protection of Privacy Act
• Criminal Code of Canada

College Policies

• Student Rights & Responsibilities & Discipline (2000-5-1)
• Assessing, Addressing & Serving the High Risk Student (2000-5-2)
• Confidentiality & Privacy of Information & Records (2000-7-1)
• Employee Discipline (3000-2-3)
• Respectful College Community (4000-5-3)
• Sexual Assault & Sexual Violence Policy & Protocol (4000-3-9)