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Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the State University of New York College at (SUNY) Plattsburgh community. Workplace violence should promptly be reported to the appropriate College official (see below). Additionally, all members of the campus 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.
For the purposes of this section:
A. "Employer" means: (1) the state; (2) a political subdivision of the state, provided, however that this subdivision shall not mean any employer as defined in section twenty-eight hundred one-a of the education law; and (3) a public authority, a public benefit corporation, or any other governmental agency or instrumentality thereof.
B. "Employee" means a public employee working for an employer.
C. "Workplace" means any location away from an employee's domicile, permanent or temporary, where an employee performs any work-related duty in the course of his or her employment by an employer.
D. "Supervisor" means any person within an employer's organization who has the authority to direct and control the work performance of an employee, or who has the authority to take corrective action regarding the violation of a law, rule or regulation to which an employee submits written notice.
E. "Retaliatory action" means the discharge, suspension, demotion, penalization, or discrimination against any employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
A. Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence should call the University Police or 911 immediately.
B. Any person who is the subject of a suspected violation of the Workplace Violence Prevention Policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to University Police.
C. Employees are expected to report any threat or act of violence that they have witnessed, received, or been informed of, to University Police or a supervisor.
D. Employees who commit a violent act or threaten to commit a violent act may be subject to disciplinary action, criminal prosecution and/or civil prosecution as appropriate.
E. 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, pending the outcome of an investigation.
A. 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 including but not limited to the following examples:
B. Orders of Protection: Employees are expected to notify University Police whenever a protective restraining order is granted which mentions College property, or involves a College employee, or a person working at or attending the College, and provide a copy of the order. Appropriate efforts will be made to protect the privacy and sensitivity of the information provided. Employees should also notify their supervisor.
C. Domestic Violence: 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, or the University Police. Confidentiality will be maintained to the extent possible.
D. All employees have an obligation to report any incidents of violence and/or inappropriate conduct or behavior to their supervisor or University Police immediately.
E. Any employee or representative of employees who believes that a serious violation of a workplace violence prevention program exists or that an imminent danger exists shall bring such matter to the attention of a supervisor in the form of a written notice. If following written notice, the matter has not been resolved and the employee or representative believes that the violation still exists or that an imminent danger still exists, the employee or representative should contact the Office of Human Resource Services.
F. Individuals found to be in violation of this policy may be removed from the College's property. Employees may be subject to disciplinary action up to and including dismissal, pursuant to applicable Personnel Policies or Collective Bargaining Agreements. Further, all individuals who violate criminal law may be subject to criminal prosecution.
G. No employee shall be subjected to criticism, reprisal, retaliation or disciplinary action from the college for good faith reporting pursuant to this policy. Employees who engage in violent conduct should be reported to University Police at 564-2022 or 911.
H. Individuals who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, may be subject to disciplinary action and/or referral to appropriate authorities for criminal and/or civil action as appropriate.
A. Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter "supervisor") is responsible within his/her area of jurisdiction for the implementation of this policy.
B. Supervisors are required to contact the University Police immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
C. Supervisors must report to the University Police any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to 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 and immediate supervisor, the supervisor should keep it confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings.
D. Every supervisor is obligated to report any knowledge of such conduct to the Office of Human Resource Services immediately. Failure of a supervisor to investigate and initiate appropriate action may result in administrative action including possible discipline.
A. University Police is responsible for:
B. University Police will immediately log all incidents of workplace violence reported to it and will notify the respective supervisor and the Office of Human Resource Services of an incident with the employee, or notify the appropriate College official of an incident with a student.
C. University Police officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.
D. When informed, University Police will maintain a record of any Orders of Protection.
E. University Police will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available. Such escort services may be extended at the discretion of the Chief of Police or designee.
F. University Police may prohibit individuals from entry upon or remaining on College property in accordance with the University's Rules for Maintenance of Public Order (8NYCRR Part 535).
A. The Office of Human Resource Services (HRS) is responsible for:
B. The Office of Human Resource Services will maintain an internal tracking system of all threats and incidents of violence reported. Annual reports will be submitted to the President and the Workplace Violence Advisory Team detailing the number and description of workplace violence incidents and the disposition of the incidents.
C. The Office of Human Resource Services is responsible for providing new employees or employees transferred to the College with a copy of the Workplace Violence Policy and Procedure and insuring that employees receive appropriate training pursuant to NYS Labor Law 27b.
D. The Office of Human Resource Services will also be responsible for annually disseminating this policy to all employees, as well as posting the policy throughout the campus and on the College's Website, as appropriate.
The facilitator of the Employee Assistance Program is responsible for ensuring that subjects of workplace violence have access to counseling services, should they request it. They are also responsible for assisting and speaking with employee victims.
1 For what constitutes Workplace Violence see the National Institute for Occupational Safety and Health's (NIOSH) definition in NYS Department of Labor Division of Safety and Health's, Workplace Violence Prevention Requirements for NYS Public Employers at http://www.labor.state.ny.us/workerprotection/safetyhealth/doc/Workplace%20Violence%20FlyerNov3.doc
2 Identified by the FBI's National Center for the Analysis of Violent Crime, Profiling and Behavioral Assessment Unit) in Dealing with Workplace Violence: A Guide for Agency Planners by the United States Office of Personnel Management, Workforce Relations, February 1998
3 For recordkeeping requirements see NYS Labor Law 27-a. Safety and health standards for public employees.
Approved by Executive Council Feb. 27, 2007
Human Resource Services
Address: 101 Broad Street, Plattsburgh, NY 12901-2681
Campus Location: Kehoe 912
Phone: (518) 564-5062
Fax: (518) 564-5060
Monday - Friday 7:30 am - 4:30 pm