UC Berkeley Workplace Violence Prevention

California state law requires every employer to establish, implement, and maintain an effective Workplace Violence Prevention Plan (California Labor Code, Section 6401.9). Consistent with its legal obligations, UC Berkeley is committed to providing a safe learning and work environment that is free from threats and acts of violence.


Environment, Health and Safety (EH&S) is the responsible department for overseeing the campuswide Workplace Violence Prevention Plan. The following information introduces the Workplace Violence Prevention campus procedures, roles and responsibilities, required training, and the appropriate steps for reporting and recordkeeping incidents. Review the information below or view the full campuswide Workplace Violence Prevention Policy. The University will respond promptly to  threats or acts of violence against UC employees.  For questions or concerns about workplace violence, the plan, training, hazard assessments, or other issues, please email wpvp@berkeley.edu

Workplace Violence Prevention (WPVP) Overview

Why We Have This Policy

The purpose of this policy is to codify the University’s commitment to the safety and security of all campus workplaces. This is consistent with California statutes that establish an explicit public policy requiring employers to provide a safe and secure workplace and to meet the workplace violence prevention law that requires employers to develop and implement a Workplace Violence Prevention Plan, record violent incidents on a log, and train employees on how to identify and avoid workplace violence.

Policy Statement

The University of California, Berkeley is committed to promoting and maintaining a safe environment for its employees. Threatening, intimidating, or violent behavior will not be tolerated in the University of California, Berkeley workplace. If such conduct occurs, it should be promptly reported to the proper authority and investigated.

Employees found to have violated this policy will be subject to disciplinary action up to and including immediate dismissal under the applicable code of conduct, collective bargaining agreement, or personnel policy. The University may assist in pursuing civil penalties, criminal penalties, or other appropriate action, against the offender regardless of the offender’s relationship to the University. Student offenders will be subject to the Student Code of Conduct in addition to this policy.

Anyone who is a victim of threatening or violent conduct in the workplace, or who observes such behavior or believes a credible threat of such behavior exists, is required to immediately report the conduct. Those who make such reports will be protected from retaliation to the fullest degree possible.


UC Berkeley has established, implemented, and maintains a Workplace Violence Prevention Plan. This Plan is available to all employees and applies to and is in effect at all times in every unit, service, and operation. The plan is available at ehs.berkeley.edu/wpvp.

Scope of Policy

Prohibited Conduct Under This Policy  

Prohibited conduct in the University of California, Berkeley workplace includes violent behavior, intimidation, bullying, stalking, threats, physical attack, domestic violence, and property damage committed by or against any faculty, staff, postdoctoral, graduate, or undergraduate student employed at the University of California, Berkeley.  

Workplace violence does not include lawful acts of self-defense or defense of others.

All faculty, staff, postdoctoral, graduate, and undergraduate employees are affected by this policy. 

The policy is administered by:

∙ Managers and Supervisors 

∙ UC Police Department (UCPD)  

∙ People and Culture  

∙ Academic Personnel Office  

∙ University Health Services  

∙ Office for the Prevention of Harassment and Discrimination (OPHD)

∙ Environment, Health and Safety

∙ Risk Management 

Who Is Governed by This Policy

This policy applies to all employees of the University including faculty, staff, temporary employees, and student employees (with respect to conduct that pertains to their employment status). In addition, the policy applies to individuals whom the University contracts to do work on its behalf, including consultants, vendors, contractors, and sub-contractors. University employees and those working on behalf of the University are expected to adhere to this policy at all times, on or off campus, when they are officially representing or acting on behalf of the University, conducting University business and/or attending University-sponsored or financed activities. This policy covers activity at all University-owned and operated properties, facilities, and off-campus locations where University business is conducted.

Who Should Know This Policy

All UC Berkeley employees should review and understand this policy.  All faculty, staff, postdoctoral, graduate, and undergraduate employees are affected by this policy. 

Definitions

The workplace is defined as any location owned, leased, or rented by The Regents of the University of California on behalf of the University of California, Berkeley, or any location where a University employee is acting in the course and scope of employment. This includes, but is not limited to, buildings, grounds, and surrounding perimeters, including parking lots, field locations, classrooms, and residence halls. It also includes vehicles when those vehicles are used for University business.  It does not include employees who telework from a location of their choosing that is outside UC’s control.  

Workplace violence is defined broadly as any act of violence or threat of violence that occurs in a place of employment. 

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.

Workplace violence does not include lawful acts of self-defense or defense of others.

Violent behavior involves a physical assault on a person, or a physical action intended to damage property. It does not include lawful acts of self-defense or the defense of others.  

Intimidation is engaging in actions that include but are not limited to behavior intended to frighten, coerce, or induce duress.  

Abusive Conduct may take many forms, including but not limited to conduct involving physical actions and/or verbal, non-verbal, electronic, or written communication. It is harassing or threatening behavior that is sufficiently severe, persistent, or pervasive conduct in the workplace that denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment, or other programs or activities of the University. The conduct creates an environment, whether intended or not, that a reasonable person would find to be intimidating or offensive and unrelated to the University’s legitimate educational, employment, and business interests. Reference: Addressing Abusive Conduct in the Workplace  (https://hr.berkeley.edu/employee-labor-relations/employee-relations-policies/employee-relations/addressing-abusive-conduct)

Stalking involves harassing or pestering an individual, in person, in writing, by telephone, or by electronic format. Stalking also involves following an individual, spying on an individual, alarming the recipient or causing the recipient distress and may involve violence or the fear of violence.  

Credible Threat is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. It is the expression of intent to cause physical or mental harm whether verbal or written that would cause a reasonable person to fear for his or her safety or the safety of others. It includes bringing a firearm, knife, or other weapon of any kind onto campus property. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.  

Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.  

Domestic Violence is the use of abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate relationship.  This could include people who are married, live together, or date or who have been married, lived together, or dated.  

Property Damage is intentional damage to property and includes property owned by the University of California, Berkeley, or its employees, visitors, vendors or others.

Workplace Violence Hazard Assessments

Departments and Building Managers must assess workplace violence hazards specific to their areas. This includes the identification, evaluation, and correction of workplace violence hazards, and maintaining such records for review by EH&S and CalOSHA upon request.

Periodic inspections will be conducted to identify unsafe conditions and work practices, and to address employee reports and concerns. Inspections will be performed after a workplace violence incident.

WPVP Plan Implementation and Training

EH&S will oversee the implementation of the Workplace Violence Prevention Plan at UC Berkeley.  

WPVP Plan

CalOSHA requires that employers establish a Workplace Violence Prevention Plan. This includes maintaining a written plan available to all employees for review and comment. It also includes:

  • Training for employees on the Workplace Violence Prevention Plan and its components,

  • Workplace violence hazard assessments in each workplace

  • Workplace violence online reporting requirements

  • Establishing a violent incident log upon request (which will not include any personally identifying information)

Training

An annual training requirement for employees has been rolled out to educate our community on recognizing potential signs of workplace violence and the appropriate actions to take in response. 

The training takes approximately 20 minutes to complete. If you have questions about the training or why you were assigned the training, please contact ehstrain@berkeley.edu.

Retaliation 

All employees and students are protected from retaliation for filing a report or assisting in an investigation under this policy for personal and psychological counseling services for individuals or groups.

Reporting Procedures

All members of the UC Berkeley community have an obligation to help maintain a safe work environment.  Acts or Threats of workplace violence behavior must be reported. The University shall maintain the confidentiality of workplace violence investigations to the extent possible. Employees may report workplace violence without fear of reprisal or retaliation. 

During emergencies/immediate threats

If there is an immediate threat of violence, call the UC Berkeley Police Department (UCPD) by dialing (510) 642-3333 or by calling 911 from any campus phone.

During non-emergency/non-imminent violence situations

Other acts or threats of violence that do not present an immediate emergency situation should be reported via the UC Workplace Violence Online Reporting tool or by contacting the WPVP Plan Administrator at EH&S at wpvp@berkeley.edu

These situations may involve verbal or written threats, including, but not limited to texts, electronic messages, social media messages, or other online posts. If it is uncertain whether there is an immediate threat of violence or hostility, contact UCPD.

Confidential Resource

Employees facing work on non-work related situations that involve threats, violence, or the potential for violence are encouraged to seek free professional support through Be Well at Work - Employee Assistance.  Employee Assistance is a confidential resource which cannot disclose any information without permission from the client except as required by law.  Contact Employee Assistance at 510-643-7754 or employeeassistance@berkeley.edu.

Emergency ⚠

If this is an immediate threat:

Please Dial 911 from a campus phone, or contact UCPD from a cell phone if there's a violent or hostile situation in progress.

After contacting UCPD, report the incident to the Office for the Prevention of Harassment & Discrimination (OPHD).