1.07 Prevention of Violence

Policy No. 1.07

Policy: In order to ensure a safe work and learning environment and reduce the risk of violence for all faculty, staff, students, contractors, and other visitors, Berklee will not tolerate any behavior that may be disruptive, threatening, bullying, or violent in nature.

Scope

This policy applies to all persons present on campus premises, including faculty, staff, temporary workers, contractors, vendors, volunteers, students, and any others, and all Berklee employees who are elsewhere, including off-campus events sponsored by Berklee, who are conducting Berklee business. “Campus premises” includes all buildings owned or leased by Berklee and spaces used for Berklee purposes.

Definitions

Workplace violence is defined as behavior that creates a work environment that a reasonable person would find intimidating, violent, or abusive, regardless of whether the behavior may affect a person’s psychological or physical wellbeing.

Bullying refers to repeated, unreasonable actions of individuals or a group, directed toward an employee, a student, or a group of employees or students, that is intended to intimidate and creates a risk to the health or safety of the individual(s). Bullying includes behavior that intimidates, degrades, offends, or humiliates another individual, often in the presence of others. Bullying typically involves an ongoing pattern of behavior that creates feelings of defenselessness in the target and undermines an individual’s right to dignity in the workplace or learning environment.

Prohibited Conduct

The following behaviors, while not exclusive, provide examples of conduct that is prohibited:

  • Behavior that includes physical actions short of actual contact/injury (e.g., moving closer aggressively), and/or oral or written threats to a person(s) or property, whether in person, over the telephone, by email, or through other means of electronic communication
  • Threatening words or actions that either create a perception that there may be intent to harm a person or property, or that result in harm or similar consequences
  • Acts of physical aggression, such as an assault or attempted assault on another person
  • Comments (even if “joking”) about violence or possession of weapons in the workplace
  • Intentionally damaging Berklee property or the property of another person
  • Theft of employer property or the property of another person
  • Use or possession of explosives, firearms, or other weapons
  • Stalking: willfully, maliciously, and repeatedly following or harassing another person
  • Committing acts motivated by or related to sexual harassment or domestic violence

Reporting

When appropriate, complaints under this policy may be reported to a supervisor/manager and/or the offices of Human Resources, Public Safety, and/or Student Affairs, depending on the nature of the situation. All reports or complaints will be taken seriously, and an inquiry will be conducted. Once an inquiry is complete, a recommendation as to how to rectify or resolve the complaint will be submitted to the appropriate individuals for disposition. Some behaviors may also be prohibited under criminal law, and where appropriate, Berklee will report such cases to the proper authorities. Where the violence involves sexual misconduct, sexual harassment, sexual assault, sex discrimination, sexual violence, rape, dating violence, domestic violence, or stalking, reports may also be made in accordance with the sexual misconduct policy.

Any individual who feels there is an immediate threat of violence should immediately contact Berkleee Public Safety at 617-747-2333.

Resources

  • Berklee Public Safety ensures that a system of safeguards is in place to provide a safe environment for all persons interacting within Berklee and to protect the property on building grounds. Security is available 24 hours a day. 
  • Human Resources staff is available to all employees who feel they have been a victim of workplace violence caused by another employee or a visitor to Berklee; who have been subjected to such types of behavior outside of work by another employee and believe such incidents could intrude in the workplace; or who have witnessed behavior that they believe may fall under the definition of workplace violence. Human Resources can be reached at 617-747-2375.
  • The Counseling and Advising Center and the Dean of Students Office in Student Affairs are available to all students who feel they have been subjected to violence caused by another student, employee, or another individual associated with Berklee. The Office of Student Affairs can be reached at 617-747-2330.
  • The Employee Assistance Program, E4 Health, provides assessment, short-term counseling, and referrals for personal and/or work-related needs including family situations, job stress, work conflicts, substance abuse, domestic violence advocacy, anxiety, depression, grief, marital issues, career concerns, legal or financial problems, life changes, and balancing work and family. The EAP can be reached by calling 800-828-6025 or at helloe4.com.
  • A crisis management team may be convened to assist in the investigation and resolution of workplace violence issues. Members of this team may include representatives from the offices of Public Safety, Human Resources, and Student Affairs; Berklee administration; and other department representatives as appropriate.

Corrective Action

Any staff or faculty member in violation of this policy may be subjected to corrective action up to and including immediate termination.

In the event that Berklee learns that an employee or student has been arrested or criminal charges have been filed against them for any type of behavior described above, Berklee reserves the right to examine the circumstances of the arrest or criminal charges, and take corrective action up to and including termination.  Berklee may do so regardless of whether the arrest or criminal charge results in a conviction and regardless of whether the behavior in question occurred at Berklee.  Decisions will be made on a case-by-case basis, based on the particular facts and circumstances.

Protective Orders

Members of the Berklee community who have obtained a court-issued protective or restraining order should notify the Office of Public Safety. Other parties may also be informed when deemed necessary for the safety of the employee and the Berklee community. Public Safety will work with the employee on a safety plan. Public Safety can be reached by calling 617-747-2333.

Confidentiality

An employee’s confidentiality will be maintained to the greatest extent possible. Persons who become aware of a situation that may involve workplace violence shall disclose information only to persons identified in this policy as a “person or department to call.” Those persons shall share information only with those individuals deemed to have a reasonable need to know in order to address the situation.

While maintaining the confidentiality of personal information concerning employees and students is a prime concern, the safety of employees and students will be the overriding concern. Therefore, Berklee employees may refer relevant information to law enforcement authorities for possible action when deemed appropriate. Berklee employees may also be required to disclose information to third parties in response to subpoenas or other legal processes.

Retaliation

There will be no retaliation toward a faculty or staff member for bringing forth a complaint in good faith, or toward any potential witnesses.

Berklee reserves the right to amend, suspend, or cancel this policy at any time, with or without notice. In the event that a conflict exists between this policy and the terms and conditions of the Berklee faculty union contract agreement, the union contract agreement will supersede this policy.

 

December 2018