CHUKA UNIVERSITY WORKPLACE VIOLENCE ACTION PLAN

FOREWARD
Chuka University is committed to providing a safe learning and work environment and maintaining a
Workplace that is free of Workplace Violence. This document shall serve to supplement other regulations
and rules both written and unwritten that are in existence. The program will be reviewed and revised
annually as necessary. Chukka University does not tolerate acts or threat of violence committed by

or against faculty, staff, students, visitors or any other third party on any premises owned or run
by the university. Strategies will be put in place to prevent violence, protect victims and to
punish those who threaten or perpetrate violence. Any act of violence including threatening
behaviour directed at anyone should be reported for action without fear of intimidation or
retaliation.

I.

Objectives

The main objectives of this document are centered around harmonious coexistence on or around
Chuka Campus. The main objectives are:
1. To assist faculty and staff in addressing Workplace Violence.
2. To take every precaution reasonable in the circumstances to prevent the occurrence of
violence on the university premises.
3. To provide guidelines on:
Conducting a Workplace Violence risk assessment
Developing preventative measures
Reporting and investigating Workplace Violence
Incident follow-up

II.

Scope

This policy applies to all workers, students, third parties related to the university and it shall
not favour or isolate anyone

III.

Guiding Policies and philosophies

The guiding philosophy and policies shall be:

1. Chuka University is committed to the protection of the health, safety and wellbeing of all
members of the University community. As such, the University will take all precautions
reasonable to provide and maintain a learning and working environment that is free of Violence.
All acts of Violence in the Workplace are strictly prohibited.
2. The Health and Safety laws of Kenya (2007), it is the responsibility of every employer to
ensure the safety, health and welfare of all workers working in his/her place.

3. International labour Organization requirements of a safe workplace

IV. Definitions
This part covers the definition of terms as used in this policy:
Workplace violence:
The execution, threat, or attempt of physical force by a person against a Worker, in a
Workplace, that causes or could cause physical injury to the Worker or psychological harm.
A statement or behaviour that it is likely to be interpreted by a Worker as a threat to exercise
physical force against him/her in the Workplace that could cause physical injury to the Worker
or psychological harm. Included here are verbal and written threats.
Complainant/victim: any person who is a Worker (employees, students and third parties) and
any person associated to the university, all of whom are entitled to submit a complaint under this
program.
Contractor: any organization, partnership, or individual engaged by Chuka University to
provide services to the University either personally or with the assistance of other individuals. .
Respondent: any person who is a Worker (students, workers, third parties including visitors),
whom is alleged to have engaged in Workplace Violence.
Visitor: any person who is not a Worker or a Related Third Party who visits Chuka University
for reasons known to him/her.
Worker: any person formally contracted by the University for Purposes of study and work
Workplace: any premise owned by the University and used by the universitys for day to day
business

IV.

Responsibilities

Curbing violence is everyones responsibility irrespective of the nature of association with

Chuka University. The following are the collective responsibilities expected of the Universitys
associates:
Everyone associated with Chuka University has a responsibility of ensuring that a safe and
secure environment free of violence is maintained.
All associates should embrace other methods of conflict resolution other than resorting to
violence.
All the university members have an obligation of bringing to notice any form of violence
advanced towards them and/or others and consequently assist in the investigation process.
Administrative Responsibilities

The administration has the responsibility of understanding what constitutes workplace violence;
the same should then be communicated to all university members in the easiest understandable
form. The administration shall further:

 Be a role model with respect to appropriate conduct at work and promote a harmonious
existence.
Assess specific risks for area of responsibility and make amendments as is necessary.

Put in place appropriate measures and mechanisms within their areas of in charge aimed at
minimizing violence and promoting peaceful coexistence.
Actively participate in implementing this program and allocate sufficient resources to its
implementation.
Constantly monitor the implementation and provide periodic reports for the progress.
Take all complaints of Violence seriously and promptly investigate any alleged incident for
action.
put in place programs aimed at resolving conflicts.
The administration shall also spearhead the formation of the following:
1. The Chuka University Students Behavioural Assessment and Intervention team to be chaired
by the Dean of Students and whose mandate will involve coordinating, conducting threat
assessment and coming up with appropriate interventions.
2. The Chuka University Violence Prevention Committee whose role shall be to oversee and
implement this program the committee shall comprise of sectional and faculty heads amongst
others. The committee shall also investigate complaints, compile a report and work with the
university administration in punishing offenders.

Workers and associates

All workers have an important responsibility of ensuring that a violence free environment is
established in Chuka University. Each Worker should understand what constitutes Workplace
Violence and abuse and conduct himself/herself in accordance to the provisions of this program
Worker responsibilities include:
conduct themselves in a way that is non-provoking.
Actively participate in risk assessment and volunteer information critical to this programs
success.
report any incident of violence or attempted violence and assist in investigation.
Strictly adhere to the provisions of this program.
Participating in training, implementation and monitoring process
Seek support and assistance from the intervention programs in place when experiencing stress
and other violence mitigating factors.

V.
Identifying risk factors
All workplaces frequented by the university clients and workers must be carefully assessed for
any factors and risks that make workplace violence probable. Assessment should target the
following groups who are most likely to be the perpetrators of workplace violence: strangers,
clients, students or customers. Listed below are some of the risk factors for Workplace Violence:

Working with drug and substance abusers

Handling money or valuables
Direct contact with clients/students/customers with the likelihood of dealing with irate
persons

Working alone or in small numbers

Familial problems such as domestic violence.

VI.

Risk Assessment

An elaborate risk assessment shall be carried out by the violence prevention committee. Risk
assessment will follow the following steps:
1. Scrutiny of the available documents
The committee shall conduct a review of all the Universitys existing documents that might help
identify Workplace Violence such include Workplace inspection/safety reports about
emergencies, incidents and accidents as well as received grievances.
2. Interview Workers
The committee will hold meetings with the employees in all jobs and locations to seek their
input. This will aid in:
identifying risks that the Workers face and their feelings on personal safety in the Workplace
identifying types of violence experienced by the employees and whether the perpetrators are
strangers, customers, co-workers, students, estranged partners or family members
identifying trouble spots and risky job or activities
providing opinions of how effective the current controls in place are.
3. Complete and intensive Workplace Violence Risk Assessment
With the findings from the employees, the committee shall then complete the Workplace
Violence Risk Assessment Questionnaire (to be formulated by the committee) which shall
comprise of three parts as follows
Part 1 General Assessment looks at the risks posed by work environment.
Part 2 Current Risk Controls looks at the controls and programs in place and their
effectiveness

 Part 3 Identification and Assessment of Specific work Risk Factors looks at specific risks
factors related to specific duties or locations.
Upon completion of the risk assessments the committee will consolidate the information and
compile the data.
4. Periodic Report on Workplace Violence
Upon compilation of data, the committee shall prepare a report that identifies areas of risk of
Workplace Violence with recommendations for necessary risk control measures. The report shall
also detail what will be needed for implementation.
. VII. Training and Prevention
All Workers will be provided information on the policy and program with respect to Workplace
Violence.
Based on the Workplace Risk Assessment, faculties/departments may determine that the
potential exposure to Workplace Violence necessitates the need to develop specific skills and
knowledge.
Depending on the level of risk of Workplace Violence, Worker training can range from
reviewing relevant safety tips, posting of safety tips to scheduling classroom training or
arranging for specialized training.
In some cases, a written prevention procedure may need to be developed or the Workplaces
physical design may need to be reviewed or assessed in regard to the specific risks for the task.
Workers are required to enroll in the appropriate training course identified by their Manager,
based on the results of the risk assessment for their job.
VIII. Confidentiality
The provisions of this program are to be taken with the seriousness they deserve. This program
prohibits reprisals against Workers who have made genuine complaints or provided information
regarding a complaint or incident of Workplace Violence whether the complaint involves them
or not. Persons who engage in reprisals or threats of reprisals may be disciplined including and
not limited to dismissal from employment and disciplinary measure taken shall not be taken as a
breach of this policy
The following are prohibited:

Revenge against persons for reporting or providing information about an incident of

workplace violence.

Manipulating employees not to report workplace incidents or intimidating employees

with important information relating to any investigation.

Lying or failure to assist in an investigation process so as to protect a friend or for other

malicious purposes such as false accusations.

IX. Prohibited Conduct and sanctions

(a)Violence by/against Students or Visitors
Chuka University does not allow Workplace Violence by or toward any student registered in any
course or program offered by the university
Any Worker subjected to violent behaviour by a Student, should seek support from their
section head who will refer the matter to the student registrar who will then forward it to the
committee for action.
similarly a Student subjected to violent behaviour or threat of violent behaviour either by
spoken or written word by any universitys Worker should report it to the Workers section
head.
Violence by/toward Visitors.
All Chuka university members who by association or any other reason bring visitors into the
university should make it clear to the Visitors that violent behavior is not acceptable at Chuka
University.
Any Worker subjected to violent behaviour by a Visitor, should seek support from their section
head who will address the situation accordingly and if need be forward it to the committee.
The university security team may be required to escort or incarcerate any visitor who acts in a
manner that comprises any worker safety.
Any visitor who treats any worker or students in any way that contravenes this policy shall be
handed over to the Police for criminal action in accordance to the Kenyan Penal Code.
The university staff and students should treat visitors with the respect they deserve, should any
visitor experience violence from workers and students the same should be communicated to the
workers section head or the Students Registrar.
(b) Violent Behaviour by/toward non-direct associates
Any violent behavior by or toward Related Third Parties shall not be tolerated. Any worker or
student who faces any violence advanced by third parties should promptly report the same to
their sectional head.
Related Third Parties who are subjected to violent behaviour by a Chuka university Worker
should report it to the Contractor or any associate of Chuka University under whose permission
the third party is found on Chuka University premises. The person responsible for the third party
should then report it to the committee for action.
(c) Domestic Violence
Every precaution reasonable in the circumstances shall be taken to protect Chuka Universitys
Workers from domestic Violence that may occur in the Workplace and expose co-Workers to

Injury.the University strongly recommends resolution of domestic affairs away from the
university premises.
Although the University respects the need for confidentiality and self-determination, a Worker
shall be required to disclose the following to his section head for assistance:
Threats an intimate partner or ex-partner has made towards the Worker and/or the workplace
A court order barring the estranged partner from accessing the workplace. In the event that the
partners are co-workers a court order limiting the distance between two should be
communicated.

Upon receipt of a complaint of potential threat of domestic violence the section head shall put in
place the following measures to protect the individual Worker and co-Workers:
Request assistance from the committee in developing a personal safety plan for the Worker
Institute changes in the workers schedule by changing the work location, reporting hours
amongst other measures.
assist the affected employee to access counseling and other intervention programs in place.
.The privacy of the Worker must be upheld while ensuring the safety of the worker and the coworkers. Confidentiality shall be the guiding principle in handling all cases involving domestic
violence.
(d) Possession of weapons
University students, staff, faculty, visitors or other third parties are prohibited from carrying,
maintaining or storing a firearm or weapon in any universitys facility. This is irrespective of the
owner having a valid permit; the only exception shall be if the licensed weapon is required for
the individuals job. Any person who is reported or discovered to possess a firearm(s) or
weapon(s) on university property will be subjected to disciplinary action including arrest and
prosecution in accordance to the penal code.
(e) Sexual assault
The university shall not condone any violence directed towards any sex for whatsoever reasons.
This act prohibits stalking, dating for ulterior motives, soliciting for sex from new employees,
Sex for favours such as promotion or employment, intimidating employees into establishing
sexual relationships. Criminal charges shall be instituted against those who contravene this
provision.
(f) Substance related violence
Drunken or disorderly behaviour and abuse or use of drugs-the possession of which is prohibited
by law-shall constitute a disciplinary offence for which a disciplinary action will be taken against
a student, staff, third party or visitor. No alcohol or any other drug is not allowed to be brought
or consumed on the university premises; any disorderly conduct resulting from drug use will
attract disciplinary action.
The following conduct is also prohibited on Chuka University premises; disciplinary action shall
be taken against anyone who perpetrates them:
a) Physical injury or threat of physical injury to self or others.
b) Verbal or physical behaviour intended to create reasonable fear of a person receiving an
injury thus subjecting the victim to emotional distress. Verbal behaviour refers to use of
any method of communication; including e-mail, comments posted on social sites or
other paper or electronic media. Any violation of this provision will be considered
unacceptable conduct and subject the individual(s) to disciplinary action including and
not limited to dismissal, arrest and prosecution.
c) Hate crimes, harassment/intimidation and/or threatening behaviour or violent behavior
(perceived or real) based on race, ethinicity, gender, religion, sexual orientation or nay
other personal identity.
d) Defacing or damaging the universitys property or threatening to do so.
e) Arson.

X. Reporting Campus Violence, Informal and Formal Investigation

Procedure
Confidentiality

All members of the university community are encouraged to take any threats or violent acts
seriously and report such incidents to the committee. All reports of violence will be handled in a
confidential manner, with information released on a need to know-basis within the university.All
reports made shall be considered to be confidential to the parties involved and to those
responsible for the investigation and resolution of the incident. The identities of all
Complainants, Respondents and witnesses and the nature of the complaint itself will be kept
confidential and only persons with a need to know will be informed.
Reporting

All Workers have the obligation report incidents of Workplace Violence that are experienced or
witnessed to their section Manager. If the Workers Manager is involved in the Workplace
Violence, the Worker shall contact the next level Manager. In all cases, the Worker shall follow
the reporting procedures as outlined below.
Complaints that Pose an Immediate Risk of Physical Injury

a. The Worker or the Manager shall immediately call a hotline number provided by the
committee
b. If required, the Manager shall arrange for a safe place to work that is as near as reasonably
possible to the Workers usual work site. The affected Worker must continue to work in the
safe place and be available for the investigation until there is no further risk of Violence.
c. In a situation where the committee is contacted, no other investigation should proceed until
the universitys work place prevention committee finalizes its investigations.
.
Complaints that do not pose an Immediate Risk of Physical Injury:
a. A Worker who experiences Workplace Violence or who has concerns regarding
possible incidents of Workplace Violence shall report the incident to his or her
section Manager.
b. The Manager shall review the complaint and consider whether an informal
resolution to the complaint is possible if impossible the complaint shall be
forwarded to the committee for action.
Informal Resolution
Owing to the nature of the violence, the section head shall initiate an informal process aimed at
resolving the conflict, in so doing the following shall be the guidelines:

(a)A Manager who receives a complaint of Workplace Violence which appears to be capable of
resolution informally shall use reasonable efforts to assist the Complainant in effecting informal
resolution within ten days of receiving the complaint.

(b)The section Manager shall assess the immediate risk, gather information and document the
concern within two days of receiving the complaint. The parties should receive a copy of the
complaint and have the opportunity to respond in writing within two days of receipt.

(c)If the complaint involves a student and the incident involves student misconduct, the concern
is then referred to the Students Behavioural Assessment and Intervention Team

(d)Informal resolution includes individual meetings with the parties as appropriate. The parties
shall represent themselves during the process. The parties may decide to meet as a group to
resolve the issue without a third partys intervention.

(e)In the event that the informal resolution fails then the complaint should be forwarded to the
committee for remedial action.
Formal Investigation
The University committee shall appoint an investigator within ten days of receiving a request for a

Workplace Violence investigation and the investigation shall proceed expeditiously and on a
confidential basis.
(a)An internal or third party investigator may be appointed to carry out the investigation.
(b)The investigator will be responsible for establishing the facts, including interviews with the
Complainant, Respondent and any witnesses.
(c) The Complainant, Respondent and witnesses may be called upon on a short notice to ensure
the confidentiality and timeliness of the investigation process.
(d)The investigation will include interviews of the Complainant, the Respondent and any
witnesses.
(e)The Complainant, Respondent and witnesses will be provided a copy of the information they
provided during the course of the investigation.

The investigation process

Within ten days of receipt of a workplace violence complaint, the committee shall appoint an
investigator. The appointed investigator shall be required to start the investigation immediately
and he shall:

(a)Interview the Complainant

(b) Interview any witnesses identified as having knowledge of the incident
(c)Interview the Respondent to obtain the Respondents response to the allegations in the
complaint.
(d) Prepare and submit a report summarizing the facts and findings within 30 days of initiating
the investigation and conclude whether there is:
1. Sufficient evidence to substantiate a finding of violation of the policy/program
2. Insufficient or lack of credible evidence to substantiate a finding of violation of the
policy,
3. No credible evidence to substantiate a violation of the policy.
4. Copies of the investigators report will be distributed to the following recipients:
a) the Vice Chancellor
b) the committee
c) the Complainant
d) the Respondent
Based on the investigators findings, the committee together with the administration shall
determine whether further action is warranted (i.e. initiate corrective action) and advise the
Complainant and Respondent in writing of the outcome within 10 days of receiving the
investigators report.
Any of the parties may request a formal review of the decision of the investigator by submitting
additional evidence in writing to the committee within 30 days of receiving the findings of the
investigator.