1.2 Operational Basis

All vocational rehabilitation services shall be provided without regard to race, color, religion, sex (including pregnancy, childbirth and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, political affiliation or belief; or on the basis of the individual’s citizenship status. No individual will be denied vocational rehabilitation services by DVR based on a residence requirement, durational or otherwise. 

Information about what individuals can do if they believe they have experienced discrimination can be found in section 4.9 of this Service Delivery Policy Manual. Complete information about equal opportunity and non-discrimination requirements can be found in Appendix F.

All offices and programs within DVR shall substantially comply with the Architectural Barriers Act of 1968; with Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and with the Americans with Disabilities Act of 1990, as amended. DVR must take reasonable steps to ensure that communications with individuals with disabilities are as effective as communications with others. This means that, upon request and at no cost to the individual, DVR shall provide appropriate auxiliary aids and services to qualified individuals with disabilities. Appropriate auxiliary aids and services may include: The use of interpreters, specialized telecommunications services, audio recordings, Braille and large print materials, graphic presentations, simple language materials, augmentative communication devices, open and closed captioned videos, or materials in electronic format and other modes that may be identified. In providing auxiliary aids and services, DVR will give primary consideration to the expressed choice of the individual or, as appropriate, the individual’s authorized representative.

It is the policy of DVR to promote and maintain a safe and secure environment for everyone—including employees, service providers, partners, individuals receiving services, and the visiting public—free from violence, threats of violence, harassment, intimidation, and bullying behavior. 

The purpose of the following guidelines is to describe bullying, threatening, or harassing behavior and to provide staff with a consistent process for addressing and documenting threats and potential threats.

DVR is governed by CDLE’s Standard Policy and Procedure addressing Workplace Violence Prevention (SPP 1083). The Standard Policy and Procedures are located on the CDLE intranet and are available upon request. Furthermore, the individuals we serve are notified at the time of initial engagement via the DVR Services Handbook of their responsibility to treat DVR staff and other people involved in their program(s) with respect and courtesy, free of violent behavior, threats of violent behavior, or other forms of harassment.

Weapons of any kind, including firearms, shall not be permitted in any DVR office or location (Executive Order DO-010-96).

Colorado statute declares “...that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups.” Colorado Revised Statutes (C.R.S.) 18-9-121(1).

As defined in Colorado statute, “[a] person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: strikes, shoves, kicks...directs obscene language or makes an obscene gesture to or at another person...or repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.” C.R.S. 18-9-111(1).

Furthermore, as defined in department policy, SPP-1083 Workplace Violence Prevention, “Prohibited conduct includes, but is not limited to: threats, harassment, acts of intimidation, physical abuse, property damage, sabotage, and oral or written statements, gestures, or expressions or cyber bullying that communicate a direct or indirect intent to commit physical or psychological harm.” Violent behavior is “any act or threat of physical, verbal, or psychological aggression or the destruction or abuse of property by any individual, including but not limited to employees, employee family members, clients, vendors, and citizens. Threats may include veiled, conditional, or direct threats in verbal, written, electronic, or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property.”

Bullying is generally defined by USLegal.com as “an intentional act that causes harm to others and may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion such as manipulation, blackmail, or extortion. It is aggressive behavior that intends to hurt, threaten, or frighten another person [and]...occurs in a variety of contexts...” Bullying, including cyber bullying, also involves threats of physical or psychological harm, name-calling, negative gossip, racial slurs, personal attacks on someone’s character, or other derogatory statements. 

These definitions of prohibited conduct do not include open, courteous, and respectful disagreement of opinion.

If a recipient of services poses a direct threat to another individual with a disability, a DVR staff member, a DVR office, or any other individual(s) involved in the provision of vocational rehabilitation services, there shall be an interruption of the vocational rehabilitation service relationship, including the closure of the individual’s case, when applicable and warranted, and filing of criminal charges, when warranted. All case closures due to safety reasons require supervisory approval. A direct threat means the individual poses a significant risk to the health or safety of others, based on reasonable judgment and relying on objective evidence, and which cannot be eliminated by modifying policies or procedures, or through the provision of auxiliary aids or services. The vocational rehabilitation service relationship shall resume only after the assurance of future safety has been restored.

While bullying and harassing behaviors may not rise to the level of a direct threat, they directly inhibit the effective working relationship between the individual receiving services and DVR staff. These behaviors are not tolerated by DVR and will be addressed through the progressive levels of response described in 1.2.4(e).

If an advocate or other authorized representative of a recipient of services, poses a direct threat (as defined in 1.2.3(b)), the individual shall be asked to discontinue the authorized representative's interaction with the DVR Counselor or office for the remainder of the vocational rehabilitation service relationship. Failure to do so shall result in an interruption of the vocational rehabilitation service relationship, including the closure of the service record, when warranted and with supervisory approval, and may also result in the filing of criminal charges against the authorized representative when warranted.

Verbal or written warnings should include the following to address behavior:

● The reason for the warning; including specifics about unacceptable behavior and what needs to improve.

● The corrective action required; identify the steps needed to correct the problem, create a plan to make improvements, and consider additional services to address behavior as needed.

● Consequences if the issue is not corrected; establish timeframes to make changes.

DVR staff may create a behavioral contract to outline expectations and responsibilities and may include the interruption of services contingent upon the individual’s ability to eliminate or control their threatening or abusive behavior. Proposed behavioral contracts are reviewed ahead of time with a supervisor.

DVR staff may consider and provide, as appropriate, reasonable accommodation to enable an individual receiving services to participate in a vocational rehabilitation program or the appeal process. Proposed accommodations are reviewed ahead of time with a supervisor. Examples of such accommodations include: 

Requiring the presence of a third party (e.g., an additional employee or supervisor, or the individual’s authorized representative) when the individual is physically present in a service location. 

Requiring that contacts between the individual and DVR staff take place solely in the DVR office or in a specified safe environment or location.

Limiting communication between the individual and DVR staff to particular methods, intervals, or times.

Managers, supervisors, and employees have the option of using restraining orders as a tool to reduce the potential for violence in certain situations. In such cases, the appointing authority shall consult with CDLE leadership.

As stated in sections 1.2.3(c) and (d), if a recipient of services or their authorized representative poses a direct threat there shall be an interruption of the vocational rehabilitation service relationship, including the closure of the case record, when applicable and warranted. All case closures due to safety reasons require supervisory approval. The provision of services shall resume only after the assurance of future safety has been restored. In consultation with a supervisor, staff may terminate services for safety or policy non-compliance when an individual threatens or harms DVR staff or has repeatedly or severely violated a DVR safety or service delivery policy. Case closures will follow all applicable policies and procedures (see Chapter 17). Case closures due to safety issues may also impact future applications for services.

Any determination that an individual has or is likely to subject staff or others in DVR offices to threatening, harassing, or bullying behavior shall be documented in a case note or otherwise substantiated in writing in the electronic case file. The case note will include a clear summary of the incident(s), a detailed explanation of the intervention, and a description of the extent to which the individual is engaging in behavior change.