Workplace

Gender-Based Violence in the Workplace Policy

reedc — Tue, 07 Feb 2023 17:07:12 +0000

Gender-Based Violence in the Workplace Policy reedc Tue, 02/07/2023 - 12:07

6-605

Cabinet

02-07-2023

07-29-2025

Statement of Confidentiality

The College recognizes and respects every employee’s right to privacy and confidentiality. All information, including employee disclosures about victimization, shall be kept confidential to the extent permitted by law and the College policy. Disclosure of such information may occur when an employee provides written informed consent or when the failure to disclose would create a substantial risk of imminent danger to the victimized employee, other employees, or worksite. Should that circumstance occur, the victimized employee will be notified of the actions that will be taken by the College and information sharing will be limited to the employees deemed necessary for securing the safety of the victim, other employees, or worksite. All information shared with the employees identified will be as limited in scope as possible. Employees may be required to sign an acknowledgement of confidentiality stating that any information obtained regarding the victimized employee must be used for the sole intended purpose of facilitating the safety and security of the impacted parties and campus at large, as applicable.

Responsibilities

The College shall designate at least one employee as the College’s System-wide Domestic Violence Agency Liaison (System DVAL) to support the entire State University. The College will also appoint an appropriate DVAL liaison for each individual campus (Campus DVAL) to manage reports on the campus level, work with employees who make reports under this Policy. The Campus DVALs shall be an individual currently working in the Office of Human Resources at each campus. Where possible, a liaison shall be an employee with advocacy, social work, or counseling experience. However, employees who work as Employee Assistance Program (EAP) Coordinators shall not be designated as the System DVAL or as a campus-level DVAL. Campus DVALs shall be responsible for providing periodic reports to the System DVAL, who will transmit one aggregated report to OPDV on behalf of the College.

The College must post the name and contact information of the System DVAL and Campus DVALs on their respective website and provide annual written notice of such information to their entire communities, including faculty, staff, and students. Such information should also be distributed to all new community members, including faculty, staff, and students upon arrival on campus. The campus community must also be notified within two weeks of a change in the designation of its Campus DVAL. SUNY System Administration and campus Offices of Human Resources and Student Affairs shall collaborate with the System DVAL and Campus DVALs’ supervisor to ensure that the System DVAL and Campus DVAL contact information is distributed as outlined in this section.

All campuses must provide to the System DVAL the contact information for their campus level DVAL including, the name of the supervisor for the campus DVAL and shall provide to the System DVAL updates on any changes to the designated Campus DVAL within one week of such change. System DVAL will communicate any such changes to OPDV on behalf of the College. Any updates to the Campus DVAL shall be communicated to the System DVAL within two weeks of such change. The System DVAL will be responsible for communicating such changes to OPDV.

The College will take all appropriate actions to promote safety in the workplace by efficiently and effectively responding to gender-based violence and the needs of victims to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations, or collective bargaining agreements.

All SUNY campuses, including ��, must comply with this Policy as outlined and establish internal processes and procedures necessary to comply with such requirements. Any campus that wishes to recommend changes to this Policy on a local level, must submit a request to the System DVAL with justification for the proposed change. Any approved amendments or modifications to this Policy will be approved by the Responsible Office noted above.

Employee Awareness

The College will increase awareness around domestic and gender-based violence and create an informed workforce regarding available sources of assistance for those experiencing domestic or gender-based violence.
The College will increase awareness around possible disciplinary practices that may be implemented in the event of retaliation or used with employees who perpetrate acts of domestic or gender-based violence, in each case under the existing collective bargaining agreements, if applicable.
The College shall include this Policy as part of the written materials that are provided to all new employees and shall provide the Policy to all employees on an annual basis.
A detailed explanation of employee’s rights under this Policy shall be given during new employee orientation, including information for contacting the System DVAL and the appropriate Campus DVAL.
If the College suspects that an employee is a victim of domestic and gender-based violence but the employee has not disclosed victimization, the College shall refer the employee to:
1. the System DVAL and/or Campus DVAL,
2. EAP, and/or
3. The NYS Domestic and Sexual Violence Hotline (call: 800-942-6906, text: 844-997-2121, website: https://opdv.ny.gov/survivors-victims) (or the statewide hotline for workplace sexual harassment, as may be appropriate), and any local programs serving victims of domestic and sexual violence.
  1. Referrals must be offered to anyone who discloses they are a victim of domestic or gender-based violence, as follows to: the System DVAL and/or Campus DVAL;
  2. EAP,
  3. The NYS Domestic and Sexual Violence Hotline (call: 800-942-6906, text: 844-997-2121, website: https://opdv.ny.gov/survivors-victims) (or the statewide hotline for workplace sexual harassment, as may be appropriate),
  4. and any local programs serving victims of domestic and sexual violence.

The College shall post information on domestic and gender-based violence as outlined below, this Policy, and any additional available resources at the College’s workplaces. This information shall be posted in such places where employees are able to utilize the information without having to request it or be seen removing it. Such places may include: the campus intranet, employee newsletters and announcements, all restrooms, kitchen, pantry and lounge areas, and any other frequently attended areas. Information must include sources of assistance, contact information for the System DVAL(s) and Campus DVAL, EAP information, Human Resources staff, the NYS Domestic and Sexual Violence Hotline Number (1-800-942-6906), Chat and Text Line (1-844-997-2121), and contact information for local domestic violence programs.

Additional referrals shall be made to the appropriate resources to best meet the employee’s needs.
The College shall consider conducting programs and activities throughout the year to increase awareness about domestic and gender-based violence such as:
Supply drives for local domestic and gender-based violence programs
Brown bag lunch discussions
Presentations by local domestic and gender-based violence programs, the System DVAL and/or Campus DVAL, or OPDV.

The System DVAL and Campus DVALs

A DVAL’s responsibilities include:

Ensure SUNY-wide implementation of, and compliance with, this Policy.
Ensure victimized employees are aware of and understand this Policy and their rights.
Upon notification that an employee is a victim of domestic or gender-based violence, the System DVAL and/or the Campus DVAL, must provide the employee with confidential support services, including referrals to:
- EAP
- The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and any local programs serving victims of domestic and sexual violence.
Ensure that the victimized employee is informed of all possible options available to them, such as the use of alternative scheduling or a change in work location and assisting the employee in identifying the best use of attendance and leave benefits.
Ensure that the victimized employee is aware of and receiving any necessary accommodations as outlined in section VII of this Policy.
Ensure that all employees receive a copy of this Policy annually, and regularly receive information about how to contact the System DVAL and Campus DVAL, and what supportive services are offered by the College.
Conduct basic workplace safety strategizing with victimized employees.
The System DVAL will serve as the primary contact for OPDV, including reporting bi-annual data.

Human Resources

SUNY System Human Resources staff and respective members of local campus HR staff shall ensure that each office, campus and location establish a workplace culture that is safe and supportive for anyone who has experienced domestic or gender-based violence by communicating that information and resources are available to victims and that abusive behavior by any employee will not be tolerated.
All Human Resources staff shall also ensure that all employees who are required to attend training from OPDV pursuant to the Policy complete the required training.
All Human Resources staff shall ensure that employees shall receive a copy of this Policy upon hire as well annually. This shall also include information about how to contact the System DVAL and Campus DVAL, and the supportive services offered by the College.
All Human Resources staff shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of and receiving any necessary accommodations and shall consult with College leadership, the SUNY Office of General Counsel, and OPDV counsel as appropriate, to address complex cases.
All Human Resources staff shall assist supervisors to ensure that all employees who violate this Policy are held accountable.

Supervisors

Supervisors shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of this Policy and understands this Policy and their rights, including the right to request accommodations or time off as discussed below.

If any employee discloses being a victim of domestic or gender-based violence, or if the supervisor suspects that the employee may be a victim of domestic or gender-based violence, the Supervisor must refer the employee to:

The System DVAL and/or campus DVAL,

EAP,
The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate),
and any local programs serving victims of domestic and sexual violence.
There is no mandatory reporting of domestic or gender-based violence, unless it may constitute sexual harassment as defined in this Policy.

Non-discrimination and Responsive Personnel Policies

College policies and procedures should be trauma-informed, survivor-centered, and culturally responsive to victims’ needs, and should not discriminate. Under the New York State Human Rights Law, all persons covered by this Policy are protected from discrimination in the workplace on the basis of status as a victim of domestic violence, and on the basis of sex, sexual orientation, gender identity, and gender expression.

Subdivision 34 of section 292 of the Executive Law of New York State establishes persons who qualify as a “victim of domestic violence.”

Victims of domestic violence are a protected class under New York State Human Rights Law (Executive Law § 296(22)).

Employers may not refuse to hire or license and may not terminate someone solely based on their status as a victim of domestic violence.
Employers may not discriminate against victims of domestic violence in compensation, terms, conditions, or privileges of employment.
Employers must prohibit inquiries about an applicant’s status as a current or past victim of domestic violence and may not make any employment decisions based on assumptions or actual knowledge about someone’s status as a current or past victim of domestic violence. Employers may inquire about status as a victim of domestic violence in order to provide reasonable accommodations.

Every 5 Years

07-29-2025

Julie Briggs

Associate Vice President for Human Resources

07-29-2025

Workplace Violence Prevention Policy

reedc — Mon, 08 Mar 2021 19:56:40 +0000

Workplace Violence Prevention Policy reedc Mon, 03/08/2021 - 14:56

6-687

Cabinet

06-04-2009

07-29-2025

Category

Human Resources

Associate Vice President for Human Resources

585-245-5616

The State University of New York at Geneseo (��) is committed to providing a work environment free from threatening behavior and acts of violence. �� will not tolerate violence or threatening behavior of any type, from any source. Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the College community.

Any and all forms of violence or threatening behavior which involve or affect �� College faculty, staff, students, and facilities or which occur on the College’s campus, or in any off-campus location that could be considered an extension of the College (even at times it is away from the campus, or when employees, students, and others are in official travel status as representatives of the College, etc.) are prohibited by this policy. This includes threatening behavior and violence directed against supervisors, by supervisors against employees, by employees directed against other employees, by employees directed against students, or visitors and vendors, and by visitors or vendors directed against College employees or students.

The College will actively work to prevent and eliminate violence and threatening behavior on campus. The College will respond promptly and decisively to violence and threatening behavior on campus. This response may include termination of employees and will include timely involvement of law enforcement agencies, when appropriate. The College’s response may also include removal of third party vendors from campus or termination of contracts with such vendors.

It is the policy of �� that each of our employees has the right to a workplace free from violence. Threats, acts of violence and acts of aggression by employees or against employees by co-workers, members of the public, or others will be responded to promptly. For purposes of this policy, violence is defined as any physical assault, actual threat, or threatening behavior occurring in the work setting. This includes actions of employees, supervisors, visitors, vendors or any other person. As an institution of higher education, �� expects and encourages robust discussions among members of the College community. This policy does not cover speech or expressive activity that is protected by the United States Constitution and the Constitution of the State of New York.

Employees who commit a violent act or threaten to commit a violent act may be subject to corrective or disciplinary action, up to and including termination, in accordance with existing collective bargaining unit agreements and shall be prosecuted to the full extent of the criminal laws. Any individual who makes a substantial threat, exhibits threatening behavior or engages in violent acts on College property shall be subject to removal from the premises as quickly as safety permits. An investigation will subsequently be conducted as promptly as possible.

In addition, the possession or use on campus of firearms, knives (except non-spring pocket knives), or other weapons, explosives, or fireworks is prohibited. Violators will be subject to disciplinary action seeking their dismissal from State service or student enrollment and possible criminal charges.

Workplace violence should be reported promptly to the appropriate College official (see below). Additionally, all members of the College community are encouraged to report behavior they reasonably believe poses a potential for workplace violence in order to maintain a safe working and learning environment.

Education and Prevention

In compliance with NYS Labor Law §27b, and in keeping with the College’s interest in making �� a safe living, working, and learning environment, the College will provide training to each new member of the organization as part of the orientation process. Employee training will include a comprehensive review of the Workplace Violence Prevention Policy, details about the written Workplace Violence Prevention Program, and information about methods to protect themselves from potential risks. Every employee must sign for receipt of the policy and procedure upon publication or at orientation. Signed receipt will be placed in each employee’s personnel file.

No Retaliation Clause

Retaliation against anyone acting in good faith that has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy and will not be tolerated. �� will take appropriate formal disciplinary action, which can include penalties up to, and including termination of employment in accordance with existing collective bargaining unit agreements for those found responsible for retaliatory action.

Reporting Procedures

Violence prevention depends upon the awareness of faculty, staff, and students; training; compliance with appropriate policies and procedures; and finally effective and timely responses to early warning signs and threats. Incidents of workplace violence, threats of workplace violence or observations of workplace violence are not to be ignored by any member of the college. Workplace violence or threats of workplace violence must be promptly reported to the appropriate college official as noted in the following reporting procedures:

Any person subjected to, or witnessing a violation of the Workplace Violence Prevention Policy should immediately contact the University Police Department at 585-245-5222 or dial 911.
Any person subjected to, or witnessing a threat involving violence in the workplace should immediately contact the University Police Department at 585-245- 5222 and report the incident to his or her supervisor.
Any person suspecting a violation of the Workplace Violence Prevention Policy should report the suspicion to his or her supervisor or contact the University Police Department at 585-245-5222.

College responsibilities include:

�� will disseminate to all employees a statement against all acts of violence, including domestic violence. This statement will be posted in prominent locations accessible to College community members.
The college will provide information to all employees about services available through the EAP program including those designed to help employees deal with any issues related to workplace or family violence.
The college shall comply and assist with enforcement of all known court orders of protection, particularly orders in which abusers have been ordered to stay away from the work site. If requested by the victim or law enforcement, the college shall provide information in its possession concerning an alleged violation of an order of protection.
Employees should bring their orders of protection (OP) to the attention of the University Police Department or the Assistant Vice President for Human Resources. Once the order of protection has been brought forward, the document will be placed on file in the University Police Department with all other active orders of protection. The file shall be accessed by sworn officers in the University Police Department required to uphold the provisions as set forth in the order, and by dispatchers needing to communicate information to the officers. Employees shall provide updated orders of protection to either the University Police Department or the assistant vice president for human resources to ensure the most current information is on file.
The University Police Department will discuss with the employee a plan on how to best proceed to ensure the safest possible work environment for the employee and the campus community. With the permission of the employee, this may include a discussion about who should be informed, blocking the subject, ways to assist the campus with the identification of the perpetrator, and creating a personal workplace safety plan.
The college will regularly review the workplace environment and minimize wherever possible environmental factors which may expose our employees or other members of the college community to violent acts.
Employees with questions or complaints about workplace behaviors which fall under this policy may discuss them with their supervisor, a member of management, or with a representative from Human Resources. Concerns will be investigated and appropriate action will be taken. This may include disciplinary action for an employee, in accordance with respective bargaining agreements.
The college will provide workplace violence prevention training to all employees at the time of job assignment and periodically thereafter.
The college will develop a written workplace violence prevention program, which will be accessible to all employees, upon request. The Workplace Violence Prevention Program will be maintained in the Office of Human Resources and the University Police Department.
�� will make arrangements for counseling services or referrals for employees, as appropriate.

Employee responsibilities include:

All employees are responsible for helping to maintain a safe work and educational environment and are urged to take reasonable precautions to prevent violence and other unsafe conditions in the workplace and report indicators of increased risk of violent behavior.
Employees are expected to notify the University Police Department whenever an Order of Protection is granted which mentions college property, involves a college employee, or a person working at the college.
Employees should bring their orders of protection (OP) to the attention of the University Police Department or the associate assistant vice president for human resources or designee. Once the order of protection has been brought forward, the document will be placed on file in the University Police Department with all other active orders of protection. The file shall be accessed by sworn officers in the University Police Department required to uphold the provisions as set forth in the order, and by dispatchers needing to communicate information to the officers.
Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, and University Police Department. Confidentiality will be maintained to the extent possible.
All employees have an obligation to report any incidents of violence or threats of workplace violence to their supervisor and the University Police Department immediately. If an employee believes that imminent danger exists, they must contact the University Police Department immediately by calling at 585-245-5222 or call 911.
Any employee or representative of employees who believes that a violation of a Workplace Violence Protection Policy exists shall bring such matter to the attention of a supervisor in the form of a written notice. If, following a written notice, the matter has not been resolved and the employee or representative still believes that a violation of a Workplace Violence Prevention Policy remains, or that an imminent danger exists, the employee or representative should contact one of the following:
1. University Police Department (if imminent danger exists) 585-245-5222 or 911
2. Department head of the area in which the employee reports
3. Vice president of the area in which the employee works
4. Associate Assistant Vice President for Human Resources or designee 585-245-5616

Supervisor responsibilities include:

Report to the University Police Department any complaint of workplace violence made to them and any other incidents of workplace violence of which they become aware or reasonably believe to exist.
Inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the University Police Department and immediate supervisor, the supervisor should keep it confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings.
Report any knowledge of workplace violence to the Human Resources Office immediately. Failure of a supervisor to initiate appropriate action may result in administrative action including possible discipline up to and including termination in accordance with existing collective bargaining unit agreements.

University Police Department responsibilities include:

The University Police Department is responsible for

responding to;
intervening; and
documenting incidents of violence in the workplace.

The University Police Department will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee(s).
The University Police Department will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President or designee detailing the number and description of workplace violence incidents, the disposition of the incidents, and recommend policy, training issues, or security procedures that were or should be implemented to maintain a safe working and learning environment.
The University Police officers will be trained in workplace violence awareness and prevention, non-violent crisis intervention, conflict management, and dispute resolution.
When informed, the University Police Department will maintain a record of any Orders of Protection.

Office of Human Resources responsibilities include:

The Office of Human Resources is responsible for:

assisting the Chief of the University Police Department and supervisors in responding to workplace violence;
facilitating appropriate responses to reported incidents of workplace violence;
notifying the University Police Department of workplace violence incidents reported to HR; and
locating and consulting with, as necessary, counseling services to secure professional intervention.

The Office of Human Resources is responsible for providing new �� employees with a copy of the Workplace Violence Prevention Policy and ensuring that employees receive appropriate training pursuant to NYS Labor Law §27b.
The Office of Human Resources will also be responsible for annually disseminating this policy to all employees, as well as posting the policy on the college’s website. Employees sign for receipt of this policy and procedure at orientation. Signed receipt will be placed in each employee’s personnel file.

Additional Information

Employee Assistance Program

Every employee has the right to seek assistance through the Employee Assistance Program (EAP) to deal with any issues of violence, wherever they happen, including outside of the workplace. The College’s EAP offers a professional and confidential source of help for people who need assistance with personal problems or concerns. This service is available to employees and to their families. The program recognizes that employees are people first, and are subject to stress and pressures that affect their ability to be effective at work. A campus EAP coordinator can be contacted confidentially at 585-245-5740.

In addition to EAP, NYS Work Life Services (worklife@oer.ny.gov) Balance is available to employees who need assistance to cope with stressful situations. Employees are encouraged to contact NYS Balance at 518-486-9769 1-800-320-4760 or to seek professional counseling services for assistance.