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Note: Effective March 2007, this policy has been revised. For the most current version without redlining, see II-10.
This chapter specifically addresses violent acts committed by University community members. There are a number of other University policies that may be applicable in a given situation, and these should also be consulted to determine which policy or policies would most effectively address any behavior of concern. These additional policies can be found below in II-10.15 Other University of Iowa Policies Related to Behavioral Expectations.
10.1 GENERAL.
(Amended 3/07)
b. In other situations: Appropriate University officials are available to coordinate a response to concerns of potential future violence or verbal threats, whether current or potential, as indicated below.
(b) the Department of Public Safety, 100 Public Safety, 335-5022.
(b) the Department of Public Safety, 100 Public Safety, 335-5022.
The faculty, staff, and students of The University of Iowa make up a community whose common commitment is to learning. This commitment requires that the highest value be placed on the use of reason and that violence involving the University community be renounced as inimical to its goals. Violence, whether actual or threatened, destroys the mutual trust which must bind members of the community if they are to be successful in pursuing truth. The University therefore wishes to make clear that it considers acts and threats of violence to constitute serious violations of University policy, because they may undermine the University's status as a community of learning. By extension, the University forbids harassment Particularly heinous is violence which harms or demeans members of the community because of personal characteristics such as race, creed, color, national origin, age, sex, disability, sexual orientation, gender identity, or associational preference.
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10.3 SCOPE OF POLICY DEFINITIONS.
(3/07)
Terms used in this policy:
(2) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above;
(3) Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits;
(4) A faculty member serving as departmental (or collegiate) director of undergraduate or graduate studies;
(5) The President, Special Assistant to the President for Equal Opportunity and Diversity, vice presidents (including assistant and associate vice presidents), and Executive Vice President and Provost (including assistant, associate, and vice provosts), and those persons' designees;
(6) Directors and supervisors in an employment context, other than Department of Public Safety personnel when receiving criminal complaints or reports; and
(7) Human resource representatives.
c. "Complainant": the person who brings a complaint of violation of this policy, who could be an alleged victim, a third party, or an academic or administrative officer of the University.
d. "Graduate assistant": a graduate student employed by the University as a research assistant or teaching assistant.
e. "Human resources representative": the individual designated as departmental authority on human resource policies and procedures, and all central human resources staff.
f. "Member of the University community": any University student, faculty, or staff member.
g. "Protected interests": University employment, education, on-campus living, or participation in a University activity.
h. "Respondent": a person who has been accused of violence in a formal complaint.
i. "Specific and credible allegations": allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not necessarily have to be based on first-hand observation of events to be "specific and credible," but direct observation normally results in greater specificity and credibility than indirect knowledge.
j. "Supervisor": a person who has authority to either: 1) undertake or recommend tangible employment decisions (those that significantly change an employee's employment status, such as, but not limited to, hiring, firing, promoting, demoting, reassigning, and compensation decisions) affecting an employee; or 2) direct the employee's daily work activities.
k. "Third-party complainant": a person who brings a complaint alleging that someone else has been harmed or demeaned in violation of this policy.
10.3 10.4 SCOPE OF POLICY.
(Amended 3/07)
(2) at any location and involving any University faculty, staff, or students, provided that:
(b) the accused or the complainant was acting in an official capacity for the University during the incident;
(c) the accused or the complainant was conducting University business during the incident;
(d) the conduct has the purpose or reasonably foreseeable effect of unreasonably interfering with a UI student or UI staff or faculty member's protected interests; or
(e) the conduct demonstrates that the individual poses a reasonable threat to campus safety and security.
a. Consistent with the rationale set out above, the University will take appropriate measures to address behavior by University community members which threatens or endangers the health, safety, or well-being of members of the University community. The University community is made up of all faculty, staff, and students.
b. While the University recognizes that there may be situations in which the University does not have a compelling reason for taking administrative action, it is prepared to review all alleged misconduct under this policy upon receipt of a complaint. This includes incidents which occur in family housing, tenant properties, and sorority and/or fraternity houses.
c. No member of the University community may engage in violent conduct as defined in II-10.4. The University assumes jurisdiction over cases of misconduct in violation of this policy when any act covered by II-10.4 occurs in one of these circumstances:
(2) the act is committed by a University community member while acting in an official capacity or while conducting University business; or
(3) the act is committed anywhere by a University community member and can be shown to have a demonstrable, articulable, and adverse impact on a University process or some other clear and distinct interest of the University as an academic community.
10.4 10.5 PROHIBITED BEHAVIOR.
(Amended 3/07)
(2) sexual assault or abuse;
(3) threats with a weapon (display of a weapon accompanied by statements or actions which cause justifiable fear or apprehension; see Regents Policy Manual 4.30B, which prohibits use or possession on the campus of dangerous weapons);
(4) verbal or other threats of physical or sexual assault;
(5) intentional damage or destruction of public or private property; or
(6) violent conduct prohibited by the Code of Iowa. A student, staff, or faculty member charged with criminal misconduct under the Iowa Criminal Code, including but not limited to the examples of such criminal conduct listed below, will be considered guilty of assaultive or threatening behavior and therefore subject to disciplinary sanctions upon conviction in criminal court:
(b) Chapter 708A (Terrorism, Threat of Terrorism, and Support of Terrorism);
(c) Chapter 708 (Assault and Harassment);
(d) Chapter 709 (Sexual Abuse);
(e) Chapter 711 (Robbery and Extortion);
(f) Those sections of Chapter 710 which deal with kidnapping and false imprisonment;
(g) Chapter 712 (Arson);
(h) Those acts under Chapter 713 (Burglary) when accompanied by an element of assault;
(i) Chapter 729.4 (Infringement of Civil Rights in employment);
(j) Chapter 729.5 (Infringement of Civil Rights by violence);
(k) Chapter 723 (Riot, Unlawful Assembly, Failure to Disperse, and Disorderly Conduct).
c. Non-criminal misconduct. University regulations and procedures are distinct from criminal statutes and procedures. Ordinarily, a less stringent standard of proof is required under administrative procedures. Regardless of whether criminal charges are filed, students, staff, and faculty members who commit assaultive or threatening behavior listed in paragraph a above will be subject to disciplinary sanctions when the misconduct was committed under one of the circumstances described in II-10.4. In those cases where criminal charges filed in connection with the same incident are dismissed in court, the outcome in the criminal proceeding is not dispositive of the question of whether this Policy on Violence was violated in all cases.
b. Any conduct, such as those examples listed below, which has the purpose or reasonably foreseeable effect of unreasonably interfering with an individual's academic efforts, employment, participation in University-sponsored extracurricular activities, or personal health, safety, and security. The following examples are illustrative of the acts proscribed by this subsection, but are not meant to be exclusive:
(2) sexual assault or abuse;
(3) threats with a weapon (display of a weapon accompanied by statements or actions which cause justifiable fear or apprehension; see Regents Policy Manual 4.30B, which prohibits use or possession on the campus of dangerous weapons);
(4) verbal or other threats of physical or sexual assault; and
(5) damage or destruction of another's private property for the purpose of demeaning the owner or owners.
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10.6 PROTECTION FROM RETALIATION.
All reasonable action will be taken to assure that the complainant and those testifying on behalf of the complainant suffer no retaliation as a result of reporting the incident or bringing the complaint. If the accused is a student, steps to avoid retaliation may include interim suspension from the University or interim suspension of the accused from the residence halls, a residence hall room transfer, a no-contact order, or any combination of these sanctions. Similar measures shall be taken when the accused is a faculty or staff member.
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10.7 10.6 BRINGING A COMPLAINT.
(Amended 3/07)
b. Substantial weight will be given to the wishes of the alleged victim when determining whether to investigate a complaint, but the University may investigate a complaint even without the alleged victim's consent if circumstances warrant (such as when there are multiple complaints against the same person or allegations are particularly egregious).
c. Persons who wish to consult with someone about a specific situation on a confidential basis or learn more about enforcement of this Policy on Violence may contact any of the following offices or organizations:
Representatives of these offices or other support persons may accompany an alleged victim during the investigation process if the alleged victim so desires.
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(2) Staff Member. If the accused is a staff member (professional and scientific, organized merit staff, or non-organized merit staff), complainants may contact the accused person's supervisor or the vice president responsible for the unit employing the accused person;
(3) Student. If the accused is a student, complainants may contact University Housing in the event that incident occurred in the residence halls, or the Office of the Vice President for Student Services and Dean of Students.
(4) Regardleess of the status of the person accused, if a complaint alleges violent conduct that may also violate the Policy on Sexual Harassment or the Policy on Human Rights, the complaint must be filed with the Office of Equal Opportunity and Diversity, 202 Jessup Hall.
c. Assistance for Persons Considering a Complaint. Persons who might want to bring a complaint or learn more about enforcement of the Policy on Violence may contact the Office of Equal Opportunity and Diversity, the Office of the Ombudsperson, or Faculty and Staff Services.
d. Resolving a Complaint. Ordinarily, the person who is assigned to resolve a complaint will interview the person accused in order to determine if there is a reasonable basis for the complaint. During the investigation process, the complaint may be resolved informally. The procedures used to resolve complaints informally may vary from department to department depending upon whether the accused is a faculty member, staff member, or student. In the event that the appropriate administrative official (as described below) concludes that there is a reasonable basis for believing that the Policy on Violence was violated, and if an informal resolution of the complaint has not been achieved, formal action will be taken.
e. Persons Responsible for Formal Action Decisions and Governing Provisions. The decision to take formal action will be made by one of the following persons or their respective designees:
(2) Graduate Assistants, including Teaching Assistants. In cases involving graduate assistants, formal action decisions are made by the chief academic officer of the University. Governing procedure is the Graduate Assistant Dismissal Procedure (III-12.4).
(3) Professional and Scientific Staff. In cases involving professional and scientific staff members, formal action decisions are made by the vice president or Executive Vice President and Provost responsible for the unit employing the accused party. Governing appeal procedures are described in Grievance Procedures for Professional and Scientific Personnel (III-28.4).
(4) Organized Merit Staff. In cases involving organized merit staff members, formal action decisions are made by the vice president or Executive Vice President and Provost responsible for the unit employing the accused party. Governing appeal procedures are the grievance procedures described in the AFSCME contract.
(5) Non-organized Merit Staff. In cases involving non-organized merit staff members, formal action decisions are made by the vice president or Executive Vice President and Provost responsible for the unit employing the accused party. Governing appeal procedures are those available under the Regents' Merit System Rules (III-31).
(6) Students. In cases involving students, formal action decisions are made by the Vice President for Student Services and Dean of Students. The governing procedure is the Judicial Procedure for Alleged Violations of the Code of Student Life (IV-1.1).
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b. The academic or administrative officer will:
(2) take appropriate interim action, which may include those actions described in II-10.9 below, to address the alleged behavior and protect the health or safety of the alleged victim, complainant, and/or witnesses.
(2) For situations involving faculty and/or staff, the Behavior Risk Management team is available to assist with assessing situations, planning the actions needed, and carrying out those actions. This team may be accessed by contacting Faculty and Staff Services, 121-50 University Services Building (335-2085).
(3) For situations involving students, contact the Office of the Vice President for Student Services, 249 Iowa Memorial Union (335-3557).
e. Any academic or administrative officer of the University who becomes aware of specific and credible allegations of violence based on a protected classification (race, creed, color, national origin, age, sex, disability, sexual orientation, or gender identity), whether through the report of a complainant (including a third party) or otherwise, shall report the allegations promptly to the Office of Equal Opportunity and Diversity (except for allegations against a student regarding conduct occurring in the residence halls, which shall be reported to the Office of the Vice President for Student Services) for assistance in evaluating the situation and determining an appropriate course of action, even if the alleged victim has requested that no action be taken. If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action will include development of a plan to avoid any perceived or actual conflict of interest until the complaint is resolved.
The initial report should be made verbally in person or by telephone, but a written report also must be made after the complaint is resolved using the Office of Equal Opportunity and Diversity Informal Violence Complaint Resolution form, which requires disclosure of the employment or student status of the alleged victim(s), the complainant(s) (if other than the alleged victim), and the person(s) charged; the department(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint. If the person charged is informed of the existence of the informal complaint, the names of the parties must be provided to the Office of Equal Opportunity and Diversity. If the person charged is not informed of the complaint, then the names of the parties shall not be provided to the Office of Equal Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints in a timely manner, giving consideration to the nature of the allegations and the circumstances surrounding the complaint process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the complaint to monitor compliance with the terms of the informal resolution. Sanctions up to and including termination of employment or separation from the University may be imposed in the event that an individual fails to comply with the terms of the informal resolution.
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(2) Other violence. If the complaint alleges violence that is not based on a classification covered by the II-3 Human Rights (race, creed, color, national origin, age, sex, disability, sexual orientation, gender identity, or any other classification that deprives the person of consideration as an individual), a person should bring a formal complaint to one of the following offices depending on the status of the respondent:
(b) Staff member. If the respondent is a staff member (professional and scientific, organized merit staff, or non-organized merit staff), a formal complaint should be brought to an academic or administrative officer (including the complainant's human resources unit representative) or to University Human Resources. The investigation will be conducted by the Senior Human Resources Leadership Representative for the unit employing the respondent.
(c) Student. If the respondent is a student, a formal complaint should be brought to the Office of the Vice President for Student Services and Dean of Students.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the investigating office will make reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the respondent, and may interview other persons believed to have pertinent factual knowledge, as well as review any relevant documentary evidence. At all times, the investigating office will take steps to ensure confidentiality to the extent possible.
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations. The investigation will afford the respondent an opportunity to respond to the allegations and evidence provided by the complainant and/or alleged victim, and to provide a statement of the facts as perceived by the respondent.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will summarize the evidence gathered and state whether or not there is a reasonable basis for believing that a violation of this policy has occurred. The written finding will normally be issued within 45 days of when the complaint was filed. When it is not reasonably possible to issue the finding within that time, the investigating office will notify the alleged victim and the respondent that the finding will be delayed and indicate the reasons for the delay. The alleged victim and the respondent will receive a copy of the written finding, which is to remain confidential as defined by II-10.13c. Third-party complainants will be notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred, the matter will be referred to the appropriate administrator for further consideration as outlined in II-10.9 below.
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b. Reports from resident assistants shall be directed to the hall coordinator, with copies to the assistant director, Director of University Housing, and the Office of the Vice President for Student Services and Dean of Students. Reports from fraternity and sorority officers shall be directed to the campus programs Greek adviser, with a copy to the Office of the Vice President for Student Services and Dean of Students. Reports from athletic coaches or the associate athletic directors shall be made to the appropriate athletic director, with a copy to the Office of the Vice President for Student Services and Dean of Students. Personnel reports from immediate supervisors shall be directed to the department head, with a copy to the Office of the Senior Vice President for Finance and Operations. Reports from department chairpersons shall be directed to the dean of the college, with a copy to the Office of the Executive Vice President and Provost. The college dean will forward reports to the appropriate office for investigation.
c. Except in cases where a complaint alleges violent conduct that may also violate the Policy on Sexual Harassment or the Policy on Human Rights, which will be investigated by the Office of Equal Opportunity and Diversity, the following persons are responsible for investigating reports. When a student is accused of conduct in violation of the policy which occurs in a living unit, officials responsible for administering discipline in the living unit where the incident allegedly occurred will conduct the investigation. The Vice President for Student Services and Dean of Students will investigate complaints alleging off-campus student misconduct. When an employee or administrator is accused, the supervisor will conduct the investigation. When a faculty member or instructor is accused, the department chairperson is responsible for conducting the investigation. The Behavior Risk Management Team will assist in the investigation and management of violence complaints regarding faculty and staff. Complaints will be resolved and sanctions imposed, if any, under the standard procedures established for each respective unit, i.e., the residence halls disciplinary system, Code of Student Life (enforced by the Vice President for Student Services and Dean of Students), personnel discipline process, and faculty grievance procedures. The Greek Judicial Board, which hears charges against fraternities and sororities, may choose to remove a chapter's recognition as a result of a violation of the Policy on Violence.
d. The University administrator in charge of investigating the allegations described in the report shall submit a summary of the outcome of the investigation to the respective dean and, where applicable, the director within 45 days after the inception of the investigation. Annual statements, to be submitted by the director after the fall semester, will be prepared for the respective dean for purposes of summarizing the nature of reports of violence and harassment as well as their disposition.
e. A mandatory reporter shall file a report if there is good reason to believe that an incident occurred in violation of the Policy on Violence. In the event that the identity of the alleged assailant is not known or the identity of the apparent victim is not known, a report shall nonetheless be filed. Rumors and anonymous reports of alleged incidents shall be recorded as such.
f. The Vice President for Student Services and Dean of Students' annual report of student discipline shall include a separate analysis of complaints referred to the dean alleging violence. In addition, statistical information from semester reports by residence hall staff members shall become part of University Housing's annual report. With assistance from the Office of University Relations, reasonable attempts will be made to inform the University community of statistics of violent incidents as well as sanctions imposed, using information from the Vice President for Student Services and Dean of Students' annual reports, statistics prepared by Equal Opportunity and Diversity, University Housing's annual report, public safety daily reports and periodic summaries, and information from the annual fraternity/sorority review.
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(2) the office of the vice president or dean responsible for the unit employing the person charged, if the respondent is a staff member;
(3) the Office of the Vice President for Student Services and Dean of Students, if the respondent is a student;
(4) the appointing dean/vice president, if the respondent is a graduate assistant.
(2) not accept all or any part of the findings of the investigating office;
(3) reach a negotiated settlement of the complaint with the respondent; or
(4) initiate formal disciplinary action.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in group counseling or personal therapy sessions, complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages caused by their behavior. When the respondent is a faculty or staff member, the Office of Faculty and Staff Services, 121-50 University Services Building, is available to assist with locating appropriate resources. When the respondent is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.
e. It is the responsibility of the appropriate administrator to monitor compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the University, may be imposed in the event that the individual fails to comply with the sanctions initially imposed.
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b. The Office of the Executive Vice President and Provost is responsible for informing all current faculty members of the University Policy on Violence. Copies of the policy will be distributed to new faculty members as part of their orientation.
c. The Office of the Senior Vice President for Finance and Operations is responsible for informing current staff members of the University Policy on Violence. Copies of the policy will be distributed to new staff members as part of their orientation.
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Formal disciplinary action resulting from violations of this policy by:
b. staff members will be governed by applicable University policies, including III-16 Ethics and Responsibilities for University Staff, and the applicable discipline and/or grievance procedures (III-28) and/or relevant collective bargaining agreement.
c. graduate assistants, when dismissal is sought, will be governed by III-12.4 Graduate Assistant Dismissal. When disciplinary action other than dismissal is taken by the appointing dean/vice president, a graduate assistant may appeal through any existing contractual grievance procedures.
d. students will be governed by Judicial Procedure for Alleged Violations of the Code of Student Life. Both the Code of Student Life and the Judicial Procedure are published and distributed to students annually in Policies and Regulations Affecting Students.
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b. In addition to taking disciplinary action, a person judged guilty of violating the policy may be referred for counseling. The University will establish a pool of professional consultants who, when called upon, will be responsible for recommending specific options based upon the misconduct. The professional consultant may recommend that the individual found in violation of the policy participate in a group counseling program, organized and operated in a fashion similar to chronic alcohol abuse discussion groups.
c. The administrator responsible for enforcing conduct regulations may choose to impose one or more educational sanctions upon an individual found in violation of the policy. In addition to the sanctions of written warning, probation, or suspension, the administrator may require the individual to participate in group counseling or personal therapy sessions, complete community service, enroll in a specific academic course, or attend an educational workshop. The counseling program may address a particular topic, such as sexual harassment, substance abuse, or impulse control. For example, less severe violations of the Policy on Violence may result in the offender being referred for education and training for impulse control. More serious violations may result in more serious sanctions, including the possibility of suspension or expulsion from the University.
d. Temporary sanctions invoked upon receipt of a complaint, such as a no-contact order or building prohibition order, may also be imposed as a permanent sanction. It is the responsibility of the administrator imposing sanctions to monitor compliance. More serious sanctions, including the possibility of suspension or termination of employment from the University, may be imposed in the event that the individual fails to attend a counseling session, for example, or violates a no-contact order.
e. Offenses should be treated as cumulative. Furthermore, the severity of additional violations becomes less important when determining a sanction for those charged on more than one occasion. For example, suspension or expulsion may be appropriate for a student who attempts to intimidate a person he or she has previously harmed, even if the means of intimidation are non-physical.
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b. Throughout the investigation and resolution of a complaint, reasonable steps will be taken to protect alleged victims, complainants, witnesses, and others from harm associated with the complaint.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their activities with regard to the process.
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued violence and/or retaliation might include:
(2) arrangement that academic and/or employment evaluations concerning complainants or others be made by an appropriate individual other than the respondent.
f. The Executive Vice President and Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of a violence complaint, suspend or partially restrict from employment any employee accused of violence if the Executive Vice President and Provost, dean, DEO, or vice president finds that it is reasonably certain that:
10.12 PROTECTION OF THE RESPONDENT.
(3/07)
b. In the event the allegations are not substantiated, the respondent may consult with the investigating office to discuss possible steps to address the restoration of the reputation of the respondent.
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b. The parties to a complaint (alleged victims, third-party complainants, and respondents) and witnesses who provide information during an investigation are expected to maintain confidentiality as well, in order to protect the integrity of the investigation and the confidentiality interests of the parties. The matter should not be discussed with individuals who are involved in the complaint except as necessary to pursue an appeal or grievance or as part of another legal or administrative proceeding.
c. Dissemination of documents relating to a complaint and/or investigation, other than as necessary to pursue an appeal or grievance or as part of another legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-10.11c of this policy. Failure to maintain confidentiality by any party (alleged victim, third-party complainant, or respondent) or witness may result in disciplinary action.
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b. The Office of the Executive Vice President and Provost is responsible for informing all current faculty members of this University Policy on Violence. The policy will be distributed to all faculty annually and distributed to new faculty members as part of their orientation.
c. The Office of the Senior Vice President for Finance and Operations is responsible for informing all current staff members of this University Policy on Violence. The policy will be distributed to all staff annually and distributed to new staff members as part of their orientation.
d. Periodic training on managing workplace security will be available.
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