Workplace Violence Policy for Students

I. Introduction

At Harvey Mudd College (“HMC” or the “College”), we are committed to fostering a safe and supportive environment where all employees, students, and visitors feel secure and respected. Workplace violence poses significant risks to individual wellbeing, organizational trust, and institutional integrity. The Workplace Violence Prevention Plan (“WVPP”) outlines our approach to addressing these risks and establishing clear guidelines to prevent, identify, and respond to incidents of violence.

II. Administrative Process for Students

This policy includes an administrative process for all students accused of causing or being involved in workplace violence. These cases will be investigated thoroughly and impartially to determine the facts and ensure fairness. The process involves:

  • Gathering evidence and conducting interviews with all relevant parties.
  • Providing the accused student with an opportunity to respond to allegations.
  • Reviewing findings to determine whether the policy was violated and, if so, implementing appropriate actions or sanctions.

III. Scope

This administrative process applies to all students–across all Harvey Mudd College locations, events, and activities, whether on or off campus–accused of causing or being involved in workplace violence.

IV. Definition of Workplace Violence

Workplace violence includes, but is not limited to, the following:

  • The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
  • An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.

Please see four workplace violence types outlined in the Workplace Violence Prevention Plan.

V. Risk Management

Recognizing the potential risks associated with workplace violence involving students, we are dedicated to implementing proactive risk management strategies within our administrative process. When an allegation involves a student, the following measures will be taken to ensure safety and fairness:

Immediate Safety Assessment

  • Evaluation of Risk: Upon receiving a report, an immediate assessment will be conducted to evaluate the safety of all parties involved.
  • Protective Actions: Determine if any immediate actions are necessary to protect individuals and the campus community, such as adjusting class schedules or campus access.

Interim Measures

  • Supportive Interventions: Implement interim measures as necessary during the investigation to mitigate risks without presuming guilt. These may include no-contact orders, temporary adjustments to housing or academic arrangements, or access to counseling services
  • Communication: Clearly communicate these measures to all affected parties, ensuring they understand their rights and responsibilities.

Confidentiality and Privacy

  • Sensitive Handling of Information: Maintain confidentiality throughout the process to the fullest extent possible. The College will protect the student’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know in order to process remedies and sanctions under this Policy.
  • Respect for All Parties: Protect the privacy of both the complainant and the accused student to the greatest extent possible.

Fair and Impartial Investigation

  • Thorough Fact-Finding: Conduct a comprehensive investigation by an impartial investigator(s), including interviews and evidence collection.
  • Equitable Treatment: Ensure all parties have equal opportunities to present information and respond to findings.

Support Services

  • Resource Provision: Provide access to support services for all parties involved, including, but not limited to, counseling and guidance on the administrative process.
  • Ongoing Assistance: Continue support throughout the investigation and any subsequent actions.

Legal Compliance

  • Adherence to Laws: Ensure all actions comply with relevant laws and regulations, including student rights under educational privacy laws and anti-discrimination statutes.
  • Legal and Ethical Standards: This policy is designed to align with all applicable laws and regulations, ensuring that we uphold the highest legal and ethical standards in responding to workplace violence. HMC is committed to supporting victims, holding perpetrators accountable, and addressing systemic factors that may contribute to a culture of violence or harm.

VI. Reporting

Immediate Reporting

  • In situations where an individual becomes aware of an imminent act of violence, a threat of imminent violence or actual violence, emergency assistance must be sought immediately.
    • Individuals should immediately contact Campus Safety, HMC’s Facilities and Emergency Preparedness Office and Human Resources.
  • Affected individuals should complete the HMC Workplace Violence Incident Report Form.

Notification of Leadership

  • If the incident involves a student(s) accused of causing or being involved in workplace violence, Campus Safety and/or Human Resources informs the Vice President for Student Affairs (VPSA)/Dean of Students (DOS) and the Senior Vice President and Chief Operating Officer.
  • If criminal activity is suspected, Campus Safety, in collaboration with the VPSA/DOS, will coordinate with local law enforcement.

Student Notification

  • The VPSA/Dean of Students will contact the involved student(s), generally by email, to request to meet with them for an initial intake and assessment meeting, and will provide the following information in their outreach:
    • An invitation to meet with the VPSA/Dean of Students to offer assistance and explain their rights, resources, and options under this policy;
    • Access to the administrative process via website link or attachment;
    • Information regarding available campus and TCCS resources;
    • A Receipt of Acknowledgement document that the student received the notification which must be returned within two business days from the date of notification;
    • Students who fail to respond to initial notification within the allotted two business days will be notified that the decision-making process and consequent sanctioning will proceed without the benefit of their input if there continues to be no response from the student within two business days of this additional email notification; and
    • A statement that retaliation for reporting a concern, filing a complaint, or participating in the complaint process, is prohibited.

VII. Initial Response

Safety Measures

  • Assess immediate safety risks and, if necessary, remove the affected individuals(s) from the area.
  • Temporary no-contact directives or restrictions on access to specific areas may be issued.
  • Determine if medical or first aid should be, or was, offered or provided.

Support Services

  • Provide impacted parties with access to counseling, employee assistance programs, or other relevant resources.
  • Assign a designated point of contact for follow-up communication.

Investigation Team

  • The VPSA/Dean of Students will convene an investigation team to coordinate fact-finding and ensure adherence to all legal and institutional guidelines. The Workplace Violence Prevention Plan (WVPP) Administrators will be notified to ensure any necessary coordination in alignment with the college WVPP requirements.

VIII. Investigation

Fact-finding

  • Follow investigation procedures set forth in the WVPP including, Interviews of all involved parties, including employees, students, and witnesses.
  • Gather and document evidence such as video footage, emails, or other relevant materials.
  • All parties involved should make every effort to maintain confidentiality in these discussions.

Legal Compliance

  • Ensure compliance with applicable laws and policies, such as California’s workplace violence prevention requirements and FERPA.
  • Consult with Harvey Mudd’s Risk Management and Legal Affairs Office, who will coordinate with external legal counsel as needed, to ensure proper procedures are followed.

Collaboration with Honor Code or Student Conduct

  • If the incident potentially violates the institution’s Honor Code, notify the Honor Board Chairs for review.
  • Determine whether a parallel process is necessary if legal violations are identified.

IX. Timing

The College will strive to complete the entire Workplace Violence Student Administrative Process in an expeditious manner, but the amount of time required to complete the process will depend on the scope and circumstances of each particular matter.

X. Closure or Dismissal of a Complaint with Lack of Workplace Violence

The investigation team shall provide the preliminary results of the investigation to Human Resources and the VPSA/Dean of Students. The VPSA/Dean of Students may dismiss the case if, based on the results of the investigation, they are either unable to substantiate an incident of workplace violence or conclude that a workplace violence violation has not occurred. In such cases, the accused student will be notified in writing. Should additional information become available, the VPSA/DOS may reopen the case.

XI. Resolution of a Complaint with Preliminary Workplace Violence Finding

Findings

  • The investigation team prepares a detailed report summarizing the incident, findings, and recommended sanctions, if any.

Resolution of Complaint Through Admission of Responsibility

  • If the accused student admits responsibility for a violation of Workplace Violence, the accuser(s) will be apprised of the charge and the student’s recommended sanctions. The VPSA/DOS may impose additional sanctions. A letter from the VPSA/DOS delivered by email will serve as the official notice of the decision and sanctions. The decision letter will be shared with administrative units (e.g. Registrar, Campus Safety, Office of Human Resources (for student employees), etc. on a need-to-know basis.

For Cases Where There is No Admission of Culpability

  • If the accused student does not admit responsibility for Workplace Violence, a formal process involving an Administrative Hearing Committee will be launched. Referral to the Administrative Hearing Committee (AHC) must be by a referral memo created by VPSA/DOS with name of the student(s), a description of the alleged misconduct (including pertinent dates, times, witness and/or evidence), and summarizing the content of earlier meetings regarding this case. If VPSA/DOS is not available to conduct this process, a designee will be appointed.
    • The VPSA/DOS or designee will serve as chair (ex-officio) of the AHC. One DSA Dean and two Honor Board representatives will serve on the committee. Each member of the committee has one vote.
    • An ad-hoc member will be chosen to replace any member who cannot or chooses not to attend the proceedings. If a member of the AHC is in conflict, they will be excused or recused from the committee’s proceedings and an ad-hoc member will take their place.

Administrative Hearing Committee (AHC) Process

  • Within five business days of the case’s referral to the AHC, the committee Chair will provide a copy of the referral memo to the accused student(s). In addition, the Chair will schedule an initial hearing for any charged student with the Committee. This hearing will allow the accused student to hear and present information related to the administrative hearing process.
  • Students accused with a violation have the right to have an advisor. The advisor may not be legal counsel, but a member from the Harvey Mudd College community selected by the student. The advisor may only counsel the student, not speak with the AHC Chair or witness(es) during the hearing.
  • All hearings are closed and the proceedings may be kept confidential at the discretion of the College. The hearing may be recorded at the discretion of the College upon advance notice in writing to participants in the hearing. Information gathered from anonymous (i.e. unknown) sources may be used in the student accountability hearing and as a part of the decision-making process.
  • This hearing should be held within ten (10) business days of the referral of the case to the Administrative Hearing Committee. If there is an extenuating circumstance that causes a delay in any of these timelines, the student will be notified. Note: Business day(s) refers to official business days— not holidays, weekends or when regular classes are not in session.
  • The Chair of the AHC will present evidence at the AHC hearing. The accused student(s) shall meet with the AHC and be afforded an opportunity to defend themselves. The Chair will notify the student of the meeting date in writing at least three (3) business days prior to the hearing.
  • If witnesses are involved in the hearing process, the testimony of each witness shall be given while the other witnesses in the case are out of the room.
  • Time frames for investigation of hearings and proceedings may be altered if circumstances warrant.
  • The AHC shall use “clear and convincing” evidence as the burden of proof during a hearing. “Clear and convincing” evidence is more rigorous than “preponderance of evidence” but less rigorous than “beyond a reasonable doubt.” Thus, the evidence must be prevailing and persuasive.
  • Votes on all matters shall be decided by a simple majority.
  • Deliberation of the Committee shall take place in private and remain confidential. If misconduct is found, VPSA/DOS will determine the sanctions or implement sanctions recommended by the AHC. A letter from VPSA/DOS will serve as the official notice of judgment and sanctions; this letter should be delivered by email. The decision letter will be shared with other administrative units (e.g. Registrar, Campus Safety, etc.) on a need-to-know basis.

XII. Remedies and Sanctions

Sanctions may include educational interventions, restorative practices (e.g. mediation, dialogue, or restorative justice to rebuild trust and address harm caused by the incident), probation, suspension, or expulsion, based on the severity of the incident. Examples may include, but are not limited to:

  • Warning: Written notice that the student behavior was in violation of this Policy and that future violations will result in more severe sanctions.
  • Restitution: Reimbursement by the student(s) to HMC, another TCC Institution, TCC, or a member of TCC’s community to cover the cost of property damage or other loss.
  • Service Hours: A set number of work hours the student must complete. Generally, service hours are conducted within TCC.
  • Educational Program/Project: Programs and activities designed to help the student become more aware of the relevant policies and help the student understand the inappropriateness of their behavior to avoid repeat offense, including, but not limited to, participation in an educational program or completion of an online program.
  • Counseling and/or Coaching Sessions: A set number of counseling and/or coaching sessions that the student must complete, as well completion of any assigned reflection essay or other assignment(s) within a specified time.
  • Loss of Privileges: Denial of specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participation in extracurricular activities and events such as on-campus, or campus-sponsored or affiliated social events, intercollegiate athletics, intramural programs, student organizations, and student government, eligibility to apply for and gain on campus employment within TCC, as well as the privilege of living on campus, living in a specific residence hall, participation in commencement ceremonies, or having a vehicle on campus.
  • Restricted Access: Conditions which specifically dictate and limit the student’s presence on HMC’s campus and/or participation in HMC-sponsored or affiliated activities and events. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on campus, including residential and dining halls, sports and recreation fields, buildings, and courts, and classrooms. This also includes a No Contact Order, which prohibits communication, by any means, with specified individuals who participated in the investigation or hearing process. In cases involving Parties from different TCC Institutions restricted access may extend to exclusion from another TCC Institution’s campus, programs, activities, and events.
  • Relocation or Removal from Residence Halls: Requirement that the student relocate to another residence hall, or off-campus residence, by a specified date.
  • Conduct Probation: Formal, written notice that the student’s behavior is in violation of policies and an expectation that the student exhibits good behavior for a defined period of time. Any violation during the probationary period will result in increased sanctioning, including academic suspension or expulsion.
  • Suspension Up to One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), or Eight (8) Semesters: Separation from the Institution for one (1), two (2), three (3), four (4), five (5), six (6), seven (7), or eight (8) semesters. During the suspension period, the Respondent is not permitted on campus, is not permitted to participate in any HMC-sponsored or affiliated program or activity, or events, and is not permitted to enroll in any courses and earn any credits towards the Respondent’s degree. The terms of the suspension may include the designation of special conditions affecting eligibility for re-enrollment or special conditions to be in effect upon re-enrollment, including a term of Conduct Probation. A term of suspension may also include delayed conferral of degree. Notice of Student’s suspension will be communicated to the Registrar and other appropriate administrator(s) at the other TCC Institutions to ensure compliance. In cases involving Parties from different TCC Institutions, suspension may extend to suspension from another TCC Institution’s campus, programs, activities, and events.
  • Termination of Student Employment: Current HMC student employees may be immediately terminated from employment positions at the college and ineligible for rehire for any future HMC student employment opportunities.
  • Expulsion: Permanent separation from their Home Institution and ineligibility to apply for admission at any other Institutions in the TCC. A student who has been expelled is not permitted on any TCC Institution property and is not permitted to participate in any TCC Institution-sponsored or affiliated program, activity, or events.

XIII. Appeals

Students wishing to appeal the AHC process and/or sanctions must do so, in writing via email or hard copy, to the President within 3 business days following receipt of sanctions. Students will have only one opportunity to appeal. The appeal shall consist of one or more of the following exclusive grounds for appeal:

  • New Information: There is new and significant applicable evidence that has not yet been considered. Information would be considered “new” if it was discovered after the student’s hearing. Withheld information is not considered “new” information.
  • Excessive Sanctions: Sanctions imposed are excessive to the violation(s) relative to sanctions imposed for similar violations under similar facts and circumstances.
  • Procedural Irregularity: The written procedure was not followed through the AHC process (e.g., the student did not have the opportunity to present information at the hearing).

The written appeal must include:

  • Names of the parties involved
  • A clear statement of the nature of the appeal (must consist of one or more of the
    following exclusive grounds):
    • New information
    • Excessive sanctions
    • Procedural irregularity
  • A narrative of the incident including:
    • Why it occurred
    • How it occurred
    • Where it occurred
    • Who was present
    • The information on which the appeal is based
    • The desired outcome

The President (or designee), may, in response to the written appeal and upon review of all information and testimony presented, revise or confirm an earlier AHC process decision. The decision of the appeal may be made with or without meeting with the student. After a decision has been reached, the student will be notified in writing by the President.

XIV. Recordkeeping

Records of all reports and resolutions will be kept by the Vice President for Student Affairs/Dean of Students for a period of five (5) years. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act (FERPA) governing confidentiality of student information. This means that the College will protect the student’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know in order to process remedies and sanctions under this Policy. Documents related to this process include: Complaints, Supportive Measures provided to the parties involved, the Findings Report and attachments, the hearing record, including any audio recording or transcript of the hearing, the Hearing Decision Report, and any sanctioning determination and appeal-related documents, if applicable.

XV. Follow-Up

Support Monitoring

  • Ensure continued support for individuals impacted by the incident.
  • Provide periodic check-ins with staff and students involved.

Policy Feedback

  • Collect feedback from those involved in the process to refine and improve procedures.

XVI. Key Contacts