Zero_Tolerance.docx

**City of Kansas City, Missouri** **Zero Tolerance Policy Regarding** **Threats OR Acts of Violence** It is the goal of the City of Kansas City to provide a workplace in which every employee can be free from violence, threats of violence, intimidation, and/or bullying. Everyone deserves to be tre...

**City of Kansas City, Missouri** **Zero Tolerance Policy Regarding** **Threats OR Acts of Violence** It is the goal of the City of Kansas City to provide a workplace in which every employee can be free from violence, threats of violence, intimidation, and/or bullying. Everyone deserves to be treated with courtesy and professionalism and the City has an expectation that, as public servants, we treat each other, citizens, suppliers, and all others with respect. **I. POLICY** The City of Kansas City (*hereinafter* "the City") has a no tolerance policy regarding threats, acts of violence, intimidation and/or bullying. Therefore, any employee, vendor or citizen who commits an act of violence; makes a threat of physical violence against himself/herself or others; or engages in acts of intimidation and/or bullying, will be taken seriously and the threat will be dealt with without unreasonable delay. If an employee, vendor or citizen is found to have violated this policy, such actions will result in a recommendation for serious disciplinary action up to and including termination and/or criminal prosecution. In the case of a vendor, the City may recommend termination of the vendor's contract. The policy applies to all employees and is intended to protect any person or citizen connected with the workplace. The policy covers acts that occur in the workplace and acts that occur outside of the workplace that have a detrimental effect in the workplace. **II. DEFINITIONS** A *threat* is defined as an expression to inflict injury, harm or menace, causing a reasonable person to be placed in fear for his/her safety. Examples of threats include, but are not limited to: - Verbal/Written Threats - "I'm going to get you" - "I'll hurt you" - "I know where you live" - "I'll see you after work" - "You better watch your back" - "I'll shoot up this place" - "I'm going to kill myself" - Intimidation/bullying/personal attacks (angry outbursts, excessive profanity, belittling or name-calling) - Cyber bullying -- posting or sending abusive/threatening messages electronically through any means, including the use of social media - Non-verbal Threats - Taking a fighting stance - Making a threatening gesture (e.g., balling up fists, pointing at someone as if shooting at them) - Displaying or leaving items that suggest the intent to inflict harm/injury (e.g., bullet casings, hangman's noose, voodoo dolls) - Moving aggressively towards a person or invading another person's personal space causing a reasonable person to feel intimidated (e.g., standing too close or looming over a seated person) - Impeding/blocking/trapping someone's movement - Menacing stare - Extortion, damage or stealing of money and/or possessions - Stalking, including through electronic means An *Act of Violence* is defined as the intentional use of physical force or power against another person or property that results in, or has a high likelihood of resulting in injury, harm, abuse or destruction. Examples of acts of violence include, but are not limited to: - Pushing/hitting/punching - Shoulder/chest bumps - Throwing things - Pounding one's fist on a desk or door; punching a wall or other surface - Destroying property in an angry fit of rage - Encouraging another person to perform physical acts of violence **III. PROCEDURE** If a suspected violation of this policy is heard, observed or reported, the supervisor/manager in charge of the workplace shall take whatever action(s) deemed appropriate in a timely manner to address the alleged violation until a proper internal investigation can be completed. Such action(s) may include, but are not limited to: - Placing the accused employee(s) in an off-duty status (without pay) pending completion of the investigation[^1^](#fn1){#fnref1.footnote-ref} - Temporarily reassigning the accused employee(s) to another work location or work shift If a citizen is believed to have made a threat, or taken physical action towards an employee, the immediate supervisor or Department Director shall be notified and**,** if the situation warrants, local law enforcement officials may also be notified. ***All employees are strongly encouraged to report suspected violations of this policy to*** one or more of the following: - A supervisor or manager, including those working out-of-class - Department HR Liaison - Department Director - Security - Department of Human Resources/Labor & Employee Relations Division, or any available Human Resources Manager Allegations of policy violations brought to the attention of management will be investigated in a timely and thorough manner. Supervisory and management personnel are required to, without unreasonable delay, report such allegations to their division manager, take prompt intermediate action(s) to address the allegation and investigate such allegations in a timely manner. Supervisors and managers may be disciplined for failure to take prompt action, or failing to report potential violations in accordance with this policy, after receiving an allegation of a violation. Investigations will be conducted confidentially to the extent that only those parties with a business need to know will be included. **IV. DISCIPLINE** If, after investigation, it is reasonably determined that a violation of this policy has occurred, a recommendation for disciplinary action up to and including termination will be submitted to the Predetermination Hearing Officer. In the case of an assault or threat, prior progressive disciplinary action need not have occurred to recommend termination of employment. Such acts may also be subject to criminal prosecution. The Department Director should contact the Director of Human Resources and/or Law Department for guidance. Retaliation or reprisal against an employee or citizen because he or she has made a report of an alleged policy violation, or has testified, assisted or participated in any manner in an investigation of a report of a threat, act of violence, or bullying is strictly prohibited. If, after investigation, it can be reasonably determined that retaliation occurred, a recommendation for serious disciplinary action up to, and including, termination of employment against the employee who retaliated will be submitted to the Predetermination Hearing Officer. **V. EMPLOYEE ASSISTANCE PROGRAM** Every employee has the right to seek confidential assistance through the Employee Assistance Program to deal with any issues related to this policy. The Employee Assistance Program may be reached at (816) 237-2352. **CITY OF KANSAS CITY, MISSOURI** **ZERO TOLERANCE POLICY REGARDING** **THREATS OR ACTS OF VIOLENCE** **EMPLOYEE ACKNOWLEDGEMENT FORM** I acknowledge the receipt of and training on the *Zero Tolerance Policy Regarding Threats or Acts of Violence* revised August 4, 2014. I further acknowledge that I will abide by this policy during my employment with the City of Kansas City, Missouri. Print Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Employee Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Emplid: \_\_\_\_\_\_\_\_\_\_\_\_\_ ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} In accordance with the Human Resources Rules and Policy Manual, an employee removed from the workplace pending an investigation may, at his or her request, utilize appropriate accrued paid leave time.[↩](#fnref1){.footnote-back} ::: :::