4000-3-4Personal Safety Security Threats Policy

Issue Date:
October 16, 2008
Supersedes Date:
June 15, 2006

Upon request, the college will provide a copy of this policy in an alternate format.

Policy

The College Safety Policy of The Board of Governors for The Lambton College of Applied Arts and Technology states in part that the College:

"recognizes the legal and moral responsibilities of the College to provide for the safety of all staff and students by maintaining a safe place in which to work, teach, study, and conduct research."

In order to achieve this objective, Lambton College will not tolerate any form of violence, threat of violence, or any situation that places a member of the College community in a position that may jeopardize his/her personal safety on College property or during any College academic,employment, service, or business activities.

AN INDIVIDUAL WHO BELIEVES THAT HIS/HER SAFETY/SECURITY IS THREATENED OR WHO BECOMES AWARE OF A SAFETY/SECURITY THREAT TO ANY OTHER PERSON SHOULD IMMEDIATELY INFORM HIS/HER SUPERVISOR OR THE REGISTRAR, OR OTHER COLLEGE PERSON IN AUTHORITY, AND IF IMMEDIATE ASSISTANCE IS REQUIRED OBTAIN HELP THROUGH THE COLLEGE EMERGENCY PHONE NUMBER OR THE POLICE.

A personal safety/security threat is defined as a situation which may be in the form of an assault,sexual assault, assault causing bodily harm, threat of assault, uttering threats of death/damage,harassment (criminal) of an individual, or any other act that constitutes a violent act as defined in the Criminal Code of Canada and/or any action that would constitute workplace violence as determined by the Occupational Health and Safety Act.

This policy applies to every member of the College community. It is understood that this policy shall complement the existing regulations, protocols, reporting, investigating and resolution procedures as defined in the College Safety Policy, the Student Rights and Responsibilities and Discipline Policy, the Occupational Health and Safety Act of Ontario(for employees), Policy on the Use of Lambton College Computing Facilities, Respectful Workplace Policy, OPSEU/COR Collective Agreement(s), and the Criminal Code of Canada"

Commitment

The Lambton College Safety Policy states, in part:

"The Board of Governors of Lambton College of Applied Arts & Technology recognizes the legal and moral responsibilities of the College to provide for the safety of all staff and students by maintaining a safe place in which to work, teach, study and conduct research."

The Lambton College Student Rights and Responsibilities and Discipline Policy states, in part:

"Each student is expected to adhere to the laws of the land and the policies and regulations of the College. Further, the College expects each student to behave in a manner that does not interfere with the basic purposes and processes of the College as an educational institution or infringe on the rights of other members of the community or lessen their enjoyment of the College community. More specifically, the College expects each student to behave in a manner that is consistent with the Lambton College Code of Conduct"

The Respectful Workplace Policy states in part

"Lambton College is committed to providing a safe and respectful workplace free from all forms of harassment and discrimination consistent with the principles of the Ontario Human Rights Code which recognize the dignity and worth of every person and provide for equal rights and opportunities without discrimination."

Situations that place any member of the College community in an unsafe environment that occur on campus,in the course of work or academic assignments/placements off-campus, during work or academic related travel, by telephone and/or electronic communication, are covered under this policy.

This policy shall apply where there exists a threat to the personal safety and/or security to a member of the College community in the work or study environment.

Prevention, Education and Enforcement

Lambton College is committed to take whatever action is necessary to prevent any member of the College community from being in a position that causes their personal safety and/or security to be at risk.

The College is responsible for communicating to all employees, students, clients, the public, and/or contractors that violence is prohibited at Lambton College and related College functions. This includes ongoing proactive education/prevention campaigns. The College is also responsible for communicating,monitoring, implementing and enforcing, where necessary, all aspects of the policy and procedures.

Responsibility

All employees and students of the College are responsible for maintaining and promoting a safe environment that is free from violence, assault, sexual assault, threat of assault, uttering threats of death/damage, harassment (criminal) or any situation that places an individual in a potentially unsafe situation.

All members of the College community are responsible for promptly reporting any situations that they believe to be acts of violence, assault, sexual assault, threat of assault, uttering threats of death/damage or harassment (criminal).

The College recognizes its responsibility to deal quickly, fairly, and effectively in situations of alleged,perceived or actual acts of violence, assault, sexual assault, threat of assault, uttering threats of death/damage or harassment (criminal) should they arise.

A threatened individual, or any person who becomes aware of a safety/security threat to any other person on College property, should immediately obtain assistance as outlined in the attached procedures.

Every member of the College community is responsible for reporting any acts that place themselves or any other member of the community in an unsafe situation to his/her immediate supervisor, or designate, and the police if necessary. The incident will be investigated, managed and resolved by the appropriate College department. Outcomes arising from incidents/situations, where it is substantiated that an employee has been the victim of physical violence and/or threatened with physical harm, will be reported to the Director,Facilities Management who will notify the Joint Occupational Health and Safety Committee members (for employees) as per the requirements of the Occupational Health and Safety Act (OHSA).

The policy is supplemental to any other legal right or remedy that the College may have in conducting its affairs, whether as an educator, employer, owner of property or pursuant to any contractual relations. This policy is not intended to be a substitute for the normal exercise of management or operational functions by the College or to deny the rights of individuals to exercise their discretion to involve police and/or other legislative processes. The policy is designed to identify a personal safety/security threat and to provide a mechanism to deal with situations where the personal safety/security of persons is at risk. 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

The Policy will include coverage of:

  1. Violence
  2. Assault (Includes Assault causing Bodily Harm)
  3. Sexual Assault
  4. Threat of Assault
  5. Uttering Threats of Death/Damage
  6. Harassment (Criminal)
Violence
Any hostile or violent act, gesture and/or comment that harms or has the intent to harm another individual within the Criminal Code of Canada.
Assault (Includes Assault causing bodily harm)
Any hostile physical act by applying intentional force, such as striking, hitting, pushing or pulling, with or without a weapon, by an individual, or individuals, against another person, with the intent to wound,maim or disfigure any person; or to endanger the life of any person: or to cause hurt or injury to a person that interferes with the health, safety or comfort of that person.Any act or gesture that implies harm to an individual, causing them to believe, upon reasonable grounds,that the other person has the present ability to effect his/her purpose.
Sexual Assault
Sexual Assault is an assault, within any one of the assault definitions which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated.
Threat of Assault
Any hostile gesture with the intent of threatening assault, verbally or with gesture that threatens or endangers the safety, health, life, or freedom of any person.
Uttering Threats of Death/Damage
An act committed by a person who knowingly utters, conveys or causes any person to receive a threat; to cause death or bodily harm to any person; to burn, destroy or damage real or personal property; or to kill,poison, or injure an animal belonging to that person.
Harassment (Criminal)
Any act made by an individual that causes another individual to fear for their safety or the safety of anyone known to them. Conduct, such as following a person from place to place; repeatedly communicating,either directly or indirectly with another person; besetting or watching a person or persons where they work, study, reside or carry on business; and/or engaging in threatening conduct directed at the person may be defined as harassment.

Coverage

The policy, within the work/study environment will apply to all members of the College community; including, but not limited to: all students, employees, clients, committees, contractors, unions,councils/associations who have a direct relationship and/or association with Lambton College.

Documented and substantiated situations of violence, assault, sexual assault, threat of assault, uttering threats of death/damage, and/or harassment (criminal) that places the personal safety of a member of the College’s community at risk, may result in discipline of an employee, up to and including dismissal; and/or academic discipline of a student, up to and including withdrawal from the College; cancellation of contracts; and/or criminal charges, up to and including court proceedings.

Where a person believes that his/her 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 violence, assault, sexual assault, threat of assault, uttering threats of death/damage and/or harassment (criminal).

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.

Confidentiality

Where situations/incidents involve personal information about a member of the College community, it is understood that the reporting of information shall not violate a person’s confidentiality and that there porting of information shall ensure an individual’s right to privacy. Release of personal information shall be subject to the requirements of the Freedom of Information and Protection of Privacy Act and the Personal Information Protection and Electronics Document Act.

Procedures

Definition

A personal safety/security threat is defined as a situation which may be in the form of an assault, sexual assault causing bodily harm, threat of assault, uttering threats of death/damage, harassment (criminal) of an individual, or any other act that constitutes a violent act as defined in the Criminal Code of Canada and/or any action that would constitute workplace violence as determined by the Occupational Health and Safety Act (OHSA). (NB. Although not specifically defined in the OHSA, workplace violence is actual or threatened physical harm.)

College Responsibilities

The College will initiate all appropriate action, to the best of its ability, to ensure that all employees,students, and clients work and study in a safe and secure environment.Such actions may include, but are not limited to the following:

  • implementing adequate education, awareness and prevention initiatives for members of the College community;
  • communicating all appropriate College and/or department security alert notices;
  • initiating emergency response procedures and College policy procedures for dealing with safety/security threats;
  • initiating a Notice of Trespass;
  • maintaining a security emergency communication system;
  • installing and monitoring security alert buttons;
  • maintaining video surveillance;
  • providing counseling and referral services;
  • conducting ongoing workplace safety inspections;
  • providing advice, counsel and support to victims of violence during internal and external processes.
  • The College is responsible for advising, through the Director of Facilities Management or his/her designate(hereafter it is understood that "his/her designate" is included), all employees, students, clients and residents of potential threats to their personal safety as soon as possible.

Immediate Response

A threatened individual or any person who becomes aware of a safety/security threat to any person on College property should immediately inform his/her supervisor or the Registrar, or other College person in authority, and if immediate assistance is required obtain help through the College Emergency Telephone Number, extension 3333 or the police. When the police are directly contacted and/or immediate assistance requested, the Director of Facilities Management is to be notified as soon as reasonably possible after the occurrence.

Reporting and Resolution

All incidents/situations believed to be threats to personal safety/security must be reported.

Student Reporting:

Students shall forward all information about a situation and/or incident that he/she believes to be a violation of the Personal Safety/Security Threats Policy related to the Student Rights and Responsibilities and Discipline Policy, to the Registrar or appropriate Dean or Director.Students shall forward all information about a situation and/or incident that he/she believes to be a violation of the Respectful Workplace Policy to the Registrar.

Staff Reporting

Staff shall forward all information about a situation and/or incident that he/she believes to be a violation of the Personal Safety/Security Threats Policy to his/her immediate supervisor or the department of Human Resources.

Public \ Client Reporting

Members of the general public or clients of the College shall forward all information about a situation and/or incident that he/she believes to be a violation of the Personal Safety/Security Threats Policy to the department of Facilities Management.

Student Resolution

The Dean or Registrar will investigate the complaint and provide the student with a report of their investigation within two weeks of receiving the initial complaint. If additional actions are necessary the Dean or Registrar will update the complainant as the complaint process develops. The Dean or Registrar may process the complaint through the Students Rights and Responsibilities and Discipline Policy, other appropriate College policies, or through police action. The student will be provided with a final report upon completion of the investigation. This report shall detail all aspects of the incident within the parameters of the Freedom of Information and Protection of Privacy Act and the Personal Information Protection and Electronics Document Act.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.

Staff Resolution

The supervisor and department of Human Resources will investigate the complaint and provide the staff member with a report of their investigation within two weeks of receiving the initial complaint. If additional actions are necessary the supervisor will update the complainant as the complaint process develops. The supervisor may process the complaint through the Employee Discipline Policy, the Students Rights and Responsibilities and Discipline Policy, other appropriate College policies, or through police action. The Director, Facilities Management in consultation with the appropriate supervisor shall be responsible for communicating with the employee (in alleged incidents of workplace violence) to confirm that all aspects of the OHSA were addressed, and report to the Joint Occupational Health and Safety Committee, the outcomes of the above communication and the College’s actions with respect to documented incidents. It is understood that such reports shall be held in confidence by members of the Joint Occupational Health and Safety Committee. This report shall detail all aspects of the incident which pertain to the Occupational Health & Safety Act, within the parameters of the Freedom of Information and Protection of Privacy Act and the Personal Information Protection and Electronics Document Act. The staff member will be provided with a final report upon completion of the investigation. 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.

Public \ Client Resolution

The Director, Facilities Management will investigate the complaint and provide the individual complainant with a report of his/her investigation within two weeks of receiving the initial complaint. If additional actions are necessary the Director will update the complainant as the complaint process develops. The Director may process the complaint through the Employee Discipline Policy, the Students Rights and Responsibilities and Discipline Policy, other appropriate College policies, or through police action. The complainant will be provided with a final report upon completion of the investigation. This report shall detail all aspects of the incident within the parameters of the Freedom of Information and Protection of Privacy Act and the Personal Information Protection and Electronics Document Act. 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.


For questions or concerns regarding policies, please contact:

Jim Elliott
Director, Quality Assurance & Institutional Research
519-542-7751 x 3489
jim.elliott@lambtoncollege.ca

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