/ DEPARTMENT OF MANAGEMENT SERVICES
ADMINISTRATIVE POLICY
TITLE: Violence-Free WorkplaceDomestic Violence Support / POLICY NUMBER
HR
05-121
(Formerly 3.36)
EFFECTIVE: August 11, 2005
REVISED: March 29, 2012

PURPOSE

  • Establish policy on violence in the workplace.
  • Provide guidance for employees and management forresponding to issues related to domestic violence.
  • Provide employees and visitors a safe workplace.

SCOPE

This policy applies to all Department of Management Services (DMS/department) employees and visitors to DMS workplaces.

AUTHORITY

Chapter 110, Florida Statutes (F.S.) – State Employment

Chapter 112, Florida Statutes (F.S.) – Public Officers and Employees – General

Provisions

Chapter 119, Florida Statutes(F.S.) – Public Records

Chapter 790, Florida Statutes (F.S.) – Weapons and Firearms

Chapter 741,Florida Statutes (F.S.) – Marriage; Domestic Violence

Chapter 788, Florida Statutes (F.S.) - Assault; Battery; Culpable Negligence

Rule 60L-36, Florida Administrative Code (F.A.C.) – Conduct of Employees

DISTRIBUTION LIST

The Following Individuals
Should be Notified of this Policy and its Procedures / Method of Notification
All DMS Employees /
  • New Employee Orientation
  • DMS communications via employee e-mail distribution list
  • DMS Web site

DMS Executive Leadership /
  • Executive Leadership meetings

POLICY

DMS is committed to a safe and secure work environment free from threats, intimidation, abusive behavior and violence. DMS has zero tolerance for violence in the workplace and strictly prohibits any type of aggressive behavior or violence by any individual while in its offices, facilities, worksites, vehicles or during the performance of state business. This includes violent, aggressive or threatening behavior (verbal,written, or physical) that has the potential to result in physical injury, emotional trauma or otherwise risks a person’s safety or productivity.

DMS recognizes that domestic violence is a workplace issue which affectsthe safety, health and productivity of its employees. The effects of domestic violence on the workplace can most easily be identified by increased absenteeism, reduced productivity, increased health care costs and turnover.

A. 1. Violence in the Workplace

An employee who threatens, harasses,orphysically or verbally abuses a person at the workplace or from the workplace using any state resources such aswork time, phones, fax machines; mail, e-mail or other means is subjected to disciplinary action up to and including dismissal. Such employee threats or harassment taken against other employees through the use of social media may also result in disciplinary action.

All threats of violent behavior are taken seriously and appropriately investigated.

Employees are obligated to report incidents of workplace violence. Employees should immediately report incidents in one of the following ways:

  1. call 911 or report the incident to an appropriate law enforcement agency directlyif danger or serious concern is present,
  2. tell his/her immediate supervisor (or up-line supervisor). When a supervisor is informed of a threat or other violent behavior, he/she is to immediately report the incident to the Human Resource (HR) Director or Office of Inspector General (OIG), or
  3. speak directly with the HR Director or OIG.

A. 2. Incident Response, Debriefing and Determining Next Action(s)

The HR Director or OIG will follow-up with affected individuals to document the incident and determine next action(s). The HR Directormay consult with the Employee Assistance Provider (EAP) to determine available services for individuals or groups of employees affected by the incident.

B. Weapons

With the exception of duly authorized persons performing official state duties or as authorized by law, possession, use or threat of use of a weapon is not permitted in the workplace or in a state building, including state-owned vehicles, unless an approved requirement of the job or as authorized by DMS. An employee who becomes aware of another employee possessing a weapon at the workplace who is not authorized to do so shall notify his/her immediate or higher-level supervisor. The supervisor shall notify the HR Director, OIG, Capitol Police or call 911.

Unlawful or unauthorized possession of dangerous weapons by a DMS employee on state property may be subject to disciplinary action up to and including dismissal.

C. 1. Domestic Violence is a Criminal Activity

Domestic violence is a criminal activity. No employee is exemptfrom the consequences of actions that result in arrest or conviction for domestic violence and/or the issuance of a permanent injunction or repeat violence injunction. No person shall be denied opportunities for employment, benefits or advancement because he/sheis or has been the victim of domestic violence or repeat violence.

C. 2. Disciplinary Actions related to Domestic Violence

ADMSemployee who is convicted of domestic violence or violates a domestic violence injunctionmay be subject to disciplinary action. DMS will take disciplinary action up to and including dismissal for conduct unbecoming a public employee in cases where the domestic violence involves:

  • willfully, maliciously and repeatedly following or harassing another person, cyberstalking another person,and/or
  • making a credible threat with the intent to place a person in reasonable fear of death or bodily injury, or causing great bodily harm, permanent disability or permanent disfigurement.

C. 3. OIG Investigates Allegations

The OIGisimmediately notified of allegations of domestic violence or repeat violence. Allegations are investigated and considered on a case-by-case basis.

C. 4. Procedure for Victims of Domestic Violence

An employees who is or may be a victim of domestic violence or of a stalker is encouraged to notify his/her supervisor or up-line supervisor, who will in turn, advise the HR Director or OIG. If the employee prefers, they may bypass their supervisor and seek advice directly from the HR Director or OIG. The employee may also report the incident to an appropriate law enforcement agency. The following actions assist inprotecting the employee and other DMS employees:

  • notifying the HR Director and OIG that a domestic violence situation exists at DMS,
  • meeting with the employee and his/her supervisor to determine measures for safety, security, referral to EAP and if necessary, referral to a domestic violence center or shelter,
  • notifying the appropriate security personnel to take appropriate steps to change the workplace environment or workplace activities to heighten security and safety for this and other employees, and
  • maintaining strict confidence and the employee’s right to privacy.

C. 5. Providing Leave from Work to assist Victims of Domestic Violence and

Sexual Violence

If an employee is either the victim of domestic violence or sexual violence, has reasonable cause to believe he/she is in imminent danger of becoming the victim of any act of domestic violence or sexual violence, or has a family or household member that is a victim of domestic violence or sexual violence, may request and take up to three working days of leave in any 12-month period to:

  • seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence,
  • obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual violence,
  • obtain services from a victim-services organization, including, but not limited to, a domestic violence center or shelter or a rape crisis center, as a result of the act of domestic violence or sexual violence,
  • make the employee's home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator, and/or
  • seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.

Employees must provide advance notice of leave (except in cases of imminent danger) and may use their earned leave or may take leave without pay. The three-day leave guarantee by statute does not limit the supervisor from approving additional leave for victims of domestic violence or sexual violence in accordance with Rule 60L-34, F.A.C. Supervisors are encouraged to allow employees to set a flexible hour work schedule or make up time in the applicable workperiod.

C. 6. Domestic Violence Victim’s Referral to EAP

Employees who are or have been a victim of domestic violence or repeat violence may be referred to the EAP if it affects their job performance. Participation in an EAP does not preclude disciplinary actions against an employee for other non-related disciplinary offenses.

C. 7. Victim’s Leave Documentation is Confidential and Exempt from

Public Record

All leave requests and records documenting an act of domestic violence or sexual violence (such as police reports, medical verification, court papers, subpoena, injunction for protection, etc.), submitted for the purpose of requesting leave, are exempt from public records (section 741.313(7), F.S.).

For additional information on use of leave for victims of domestic violence, refer to DMS Policy Clarification 2007-005, “Use of Leave for Victims of Domestic Violence” and DMS Administrative Policy “Family Supportive Work Program” (HR-08-137).

D. EAP Records and Confidentiality

In addition to the confidentiality requirement described in Section C.7. (above) many other records within the scope of this policy and all EAP related records are confidential and maintained in a secured medical file separate from the employee’s official personnel file. The HR Director is the records custodian.

RESPONSIBILITIES

Individual
or Group / Responsibilities
Employee /
  • Maintain a secure and safe work environment.
  • Conduct him/herself in a professional manner and not engage in conduct or behaviors that may provoke an unsafe work environment.
  • Tell their supervisor or another member of the management team, Director of HR,OIG, or call 911or a law enforcement agency (according to the severity of the incident) when an incident or concern is present.
  • Immediately report any arrest or injunction for protection to theirsupervisor, the HR Director or OIG.
  • Immediately notify the HR Director or OIG if employee becomes aware of another employee in a domestic violence or sexual violence situation.
  • Maintain strict confidence and employees’ right to privacy

Supervisor /
  • Immediately notify the HR Director or OIG when an incident occurs, an employee reports a criminal activity or concern is present.

General Counsel’s Office (GCO) /
  • Provide legal counsel.

Human Resource (HR) Director /
  • Provide training required in this policy to DMS employees.
  • Provide guidance and assistance to supervisors, managers and affected employees.
  • Coordinate incidents, EAP and intervention activities.
  • Maintain strict confidence and the employee’s right to privacy.
  • Maintain records according to law.

Office of Inspector General (OIG) /
  • Maintain strict confidence and the employee’s right to privacy.
  • Provide guidance and assistance to supervisors, managers and affected employees.
  • Conduct investigations, makes referral to and/or assist law enforcement agencies as necessary.

DEFINITIONS

Term / Definition
Aggressive Behavior / A physical or verbal act which implies a disposition to dominate or intrude upon others in disregard of their rights, or a fight.
Arrest / To be detained in legal custody.
Batterer / The individual who commits an act of domestic violence.
Batterers Intervention Program / A program designed to eliminate violence in intimate relationships, to stop other forms of abusive behavior, and to increase victim safety. The program educates batterers, teaches them new skills, and monitors their behavior while also holding them accountable for their behavior.
Battery / As defined in section 784.03, F.S.:
784.03Battery; felony battery.--
(1)(a)The offense of battery occurs when a person:
1.Actually and intentionally touches or strikes another person against the will of the other; or
2.Intentionally causes bodily harm to another person.
(b)Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Conviction / An adjudication of guilt by a court of competent jurisdiction; a plea of guilty or nolo contendere; a verdict of guilty when adjudication is withheld; or entering into a pretrial intervention program.
Cyberstalking / As defined in section 784.048, F.S., means a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Domestic Violence / As defined in section 741.28(2), F.S., means any assault, aggravated assault,battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking,kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death ofone family or household member by another family or household member, or any crime theunderlying factual basis of which has been found by a court to include an act of domesticviolence.
DomesticViolenceCenter or Shelter / A service agency that provides counseling and referrals, community education, emergency shelter and other services to victims of domestic violence and their children.
Employee Assistance Program (EAP) / A program designated to provide employees confidential assessment and referral to counseling.
The State of Florida contracts with a third party to provide EAP services. More information can be found at:
(no login needed)
EAP Hotline (800-860-2058) provides:
  • confidential service,
  • 24 hours a day, seven days a week,
  • is free for State of Florida employees, members of their household, and
  • OPS employees and members of their household.
Employees who are laid off may use EAP services for 60 days following separation
Family or Household Member / As defined in section 741.28(3), F.S., means spouses, formerspouses, persons related by blood or marriage, persons who are presently residing together asif a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception ofpersons who have a child in common, the family or household members must be currentlyresiding or in the past resided together in the same single dwelling unit.
Injunction / A court order that requires somebody involved in a legal action to do something or refrain from doing something.
Motor Vehicle / As defined in section 790.001, F. S., any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law.
Parking Lot / As defined in section 790.001, F. S., any property that is used for parking motor vehicles and is available to customers, employees, or guests for temporary or long-term parking or storage of motor vehicles.
Perpetrator / A person who threatens or perpetrates an act of violence, including domestic violence.
Sexual Violence / As defined in section 784.046, F.S., means sexual battery, a lewd or lasciviousact committed on or in the presence of a person under the age of 16, luring or enticing a child, any forcible felony wherein a sexual act is committed or attempted, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence.
Stalking / As defined in section 784.048, F.S., means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
Supervisor Referral / Referral of an employee to the EAP by the employee’s supervisor or the HR Director.
Victim / As defined in section 741.313(1)(f), F.S., means an individual who has been subjected todomestic violence or sexual violence.
Workplace / DMS offices, facilities, worksites, vehicles where employees are performing state business.

Page 1 of 7 DMS Policy No. HR-05-121

Violence-Free Workplace and Domestic Violence Support