Workplace Violence Prevention Policy

Profile

The State University of New York at Geneseo (SUNY Geneseo) is committed to providing a work environment free from threatening behavior and acts of violence. SUNY Geneseo 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.

Policy

It is the policy of SUNY Geneseo 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, SUNY Geneseo 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.

The unlawful possession or use on campus of firearms, knives (except non-spring pocket knives), or other weapons, explosives, or fireworks is prohibited.

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 SUNY Geneseo 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. SUNY Geneseo 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.

Procedures

Reporting Procedures

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:

1. 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.
2. 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.
3. 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.

Responsibilities

College responsibilities include:

1. SUNY Geneseo 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.
2. The college will provide information to all employees about services available though the EAP program including those designed to help employees deal with any issues related to workplace or family violence.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The college will provide workplace violence prevention training to all employees at the time of job assignment and periodically thereafter.
9. 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.
10. SUNY Geneseo will make arrangements for counseling services or referrals for employees, as appropriate.

Employee responsibilities include:

1. 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.
2. 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.
3. Employees should to 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.
4. 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.
5. 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.
6. 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:
   • University Police Department (if imminent danger exists) 585-245-5222 or 911
   • department head of the area in which the employee reports
   • Vice president of the area in which the employee works
   • Assistant Vice President for Human Resources 585-245-5616

Supervisor responsibilities include:

1. Report to the University Police Department 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.
2. 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.
3. 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: 

1. The University Police Department is responsible for
   • responding to;
   • intervening; and
   • documenting incidents of violence in the workplace.
2. 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).
3. 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.
4. The University Police officers will be trained in workplace violence awareness and prevention, non-violent crisis intervention, conflict management, and dispute resolution.
5. When informed, the University Police Department will maintain a record of any Orders of Protection.

Office of Human Resources responsibilities include: 

1. 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.
2. The Office of Human Resources is responsible for providing new SUNY Geneseo employees with a copy of the Workplace Violence Prevention Policy and insuring that employees receive appropriate training pursuant to NYS Labor Law §27b.
3. 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

1. 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.
2. In addition to EAP, NYS Balance is available to employees who need assistance to cope with stressful situations. Employees are encouraged to contact NYS Balance at 1-800-320-4760 or to seek professional counseling services for assistance.