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Workplace Violence Policy & Procedures
Printable Version
The City
University of New York has a long-standing commitment to
promoting a safe and secure academic and work
environment that promotes the achievement of its mission
of teaching, research, scholarship and service. All
members of the University community-students, faculty
and staff-are expected to maintain a working and
learning environment free from violence, threats of
harassment, violence, intimidation or coercion. While
these behaviors are not prevalent at the University, no
organization is immune.
The purpose
of this policy is to address the issue of potential
workplace violence in our community, prevent workplace
violence from occurring to the fullest extent possible,
and set forth procedures to be followed when such
violence has occurred.
Policy
The City
University of New York prohibits workplace violence.
Violence, threats of violence, intimidation, harassment,
coercion, or other threatening behavior towards people
or property will not he tolerated. Complaints involving
workplace violence will not be ignored and will be given
the serious attention they deserve. Individuals who
violate this policy may be removed from University
property and are subject to disciplinary and/or
personnel action up to and including termination,
consistent with University policies, rules and
collective bargaining agreements, and/or referral to law
enforcement authorities for criminal prosecution.
Complaints of sexual harassment are covered under the
University’s Policy Against Sexual Harassment.
The
University, at the request of an employee or student, or
at its own discretion, may prohibit members of the
public, including family members, from seeing an
employee or student on University property unless
necessary to transact University-related business. This
policy particularly applies in cases where the employee
or student suspects that an act of violence will result
from an encounter with said individual(s).
Scope
All
faculty, staff, students, vendors, contractors,
consultants, and others who do business with the
University, whether in a University facility or
off-campus location where University business is
conducted, are covered by this policy. This policy also
applies to other persons not affiliated with the
University, such as former employees, former students,
and visitors. When students have complaints about other
students, they should contact the Office of Student
Affairs at their campus.
Definitions
Workplace
violence is any behavior that is violent, threatens
violence, coerces, harasses or intimidates others,
interferes with an individual’s legal rights of movement
or expression, or disrupts the workplace, the academic
environment, or the University’s ability to provide
services to the public. Examples of workplace violence
include, but are not limited to:
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Disruptive behavior
intended to disturb, interfere with or prevent
normal work activities (such as yelling, using
profanity, verbally abusing others, or waving
arms and fists). |
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Intentional
physical contact for the purpose of causing harm
(such as slapping, stabbing, punching, striking,
shoving, or other physical attack). |
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Menacing or
threatening behavior (such as throwing objects,
pounding on a desk or door, damaging property,
stalking, or otherwise acting aggressively; or
making oral or written statements specifically
intended to frighten, coerce, or threaten) where
a reasonable person would interrupt such
behavior as constituting evidence of intent to
cause harm to individuals or property. |
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Possessing
firearms, imitation firearms, knives or other
dangerous weapons, instruments or materials. No
one within the University community, shall have
in their possession a firearm or other dangerous
weapon, instrument or material that can he used
to inflict bodily harm on an individual or
damage to University property without specific
written authorization from the Chancellor or the
college President regardless of whether the
individual possesses a valid permit to carry the
firearm or weapon. |
Reporting of Incidents
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General Reporting
Responsibilities
Incidents of
workplace violence, threats of workplace
violence, or observations of workplace violence
are not be ignored by any member of the
University community. Workplace violence should
promptly be reported to the appropriate
University official (see below). Additionally,
faculty, staff and students are encouraged to
report behavior that they reasonably believe
poses a potential for workplace violence as
defined above. It is important that all members
of the University community take this
responsibility seriously to effectively maintain
a safe working and learning environment. |
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Imminent or Actual
Violence
Any person
experiencing or witnessing imminent danger or
actual violence involving weapons or personal
injury should call the Campus Public Safety
Office immediately, or call 911. |
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Acts of Violence
Not Involving Weapons or Injuries to Persons
Any person who is
the subject of a suspected violation of this
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
their respective Campus Public Safety Office.
Students should report such incidents to the
Office of Student Affairs at their campus or in
lieu thereof, their campus Public Safety Office.
The Campus Public Safety Office will work with
the Office of Human Resources and the supervisor
or the Office of Student Affairs on an
appropriate response. |
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Commission of a
Crime All
individuals who believe a crime has been
committed against them have the right, and are
encouraged, to report the incident to the
appropriate law enforcement agency. |
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False Reports
Members of the
University community who make false and
malicious complaints of workplace violence, as
opposed to complaints which, even if erroneous,
are made in good faith, will be subject to
disciplinary action and/or referral to civil
authorities as appropriate. |
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Incident Reports
The University will report incidents of
workplace violence consistent with the College
Policies for Incident Reporting Under the Campus
Security Policy and Statistical Act (Cleary
Act). |
Responsibilities
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Presidents
The President of’
each constituent college of The City University
of New York, the Chief Operating Officer at the
Central Office, and the Deans of the Law School
and the Sophie Davis School of Biomedical
Education shall be responsible for the
implementation of this policy on his or her
respective campus. The responsibility includes
dissemination of this policy to all members of
the college community, ensuring appropriate
investigation and follow-up of all alleged
incidents of workplace violence, constituting a
Workplace Violence Advisory Team (See #7.
below), and ensuring that all administrators,
managers, and supervisors are aware of their
responsibilities under this policy through
internal communications and training. |
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Campus Public
Safety Office
The Campus Public
Safety Office is responsible for responding to,
intervening, and documenting all incidents of
violence in the workplace. The Campus Public
Safety Office will immediately log all incidents
of workplace violence and will notify the
respective supervisor of an incident with
his/her employee, or notify the appropriate
campus official of an incident with a student.
All officers should be knowledgeable of when law
enforcement action may be appropriate. Public
Safety will maintain an internal tracking system
of all threats and incidents of violence. Annual
reports will be submitted to the President (at
the same time as the report noted below)
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. These incidents will
be reported in the Annual Report of the College
Advisory Committee on Campus Security consistent
with the reporting requirements of Article 129A
Subsection 6450 of the NYS Education Law
(Regulation by Colleges of Conduct on Campuses
and Other College Property for Educational
Purposes).
Officers will be
trained in workplace violence awareness and
prevention, non-violent crises intervention,
conflict management, and dispute resolution.
Officers will work
closely with Human Resources when the
possibility of workplace violence is heightened,
as well as on the appropriate response to
workplace violence incidents consistent with
CUNY policies, rules, procedures and applicable
labor agreements, including appropriate
disciplinary action up to and including
termination.
When informed,
Public Safety will maintain a record of any
Orders of Protection for faculty, staff, and
students. Public Safety will provide escort
service to members of the college community
within its geographical confines, when
sufficient personnel are available. Such
services are to be extended at the discretion of
the Campus Public Safety Director or designee.
Only the President, or designee, in his/her
absence, can authorize escort service outside of
the geographical confines of the college. |
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Supervisors
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. Supervisors must report to their
respective Campus Public Safety Office 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 Campus Public Safety Director
and immediate supervisor, the supervisor should
keep it confidential and not disclose it
further, except as necessary during the
investigation process and/or subsequent
proceedings.
Supervisors are
required to contact the Campus Public Safety
Office immediately in the event of imminent or
actual violence involving weapons or potential
physical injuries. |
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Faculty and Staff
Faculty and staff must report workplace
violence, as defined above, to their supervisor.
Faculty and staff who are advised by a student
that a workplace violence incident has occurred
or has been observed must report this to the
Campus Public Safety Director immediately.
Recurring or persistent workplace violence that
an employee reasonably believes is not being
addressed satisfactorily, or violence that is,
or has been, engaged in by the employee’s
supervisor should be brought to the attention of
the Campus Public Safety Director.
Employees who have
obtained Orders of Protection are expected to
notify their supervisors and the Campus Public
Safety Office of any orders that list CUNY
locations as protected areas.
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 Campus Public
Safety Office. Confidentiality will be
maintained to the extent possible.
Upon hiring, and
annually thereafter, faculty and staff will
receive copies of this policy. Additionally,
the policy will he posted throughout the campus
and be placed on the CUNY website and on the
college’s website, as appropriate. |
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Office Human
Resources
The Office of Human Resources at each campus is
responsible for assisting the Campus Public
Safety Director and supervisors in responding to
workplace violence; facilitating appropriate
responses to reported incidents of workplace
violence; notifying the Campus Public Safety
Office of workplace violence incidents reported
to that office; and consulting with, as
necessary, counseling services to secure
professional intervention.
The Office of Human
Resources is responsible for providing new
employees or employees transferred to the campus
with a copy of the Workplace Violence Policy and
Procedures and insuring that faculty and staff
receive appropriate training. The Office of
Human Resources will also be responsible for
annually disseminating this policy to all
faculty and staff at their campus, as well as
posting the policy throughout the campus and on
the college’s website, as appropriate. |
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Students
Students who
witness violence, learn of threats, or are
victims of violence by employees, students or
others should report the incident immediately to
the Campus Public Safety Office. If there is no
imminent danger, students should report
threatening incidents by employees, students or
others as soon as possible to the Campus Public
Safety Office or Office of Student Affairs.
Students will be provided with workplace
violence awareness information (including
information regarding available counseling
services) upon registration each year. |
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Workplace Violence
Advisory Team
A college President
shall establish a Workplace Violence Advisory
Team at his/her college. This Team, working with
the College Advisory Committee on Campus
Security, will assist the President in
responding to workplace violence; facilitating
appropriate responses to reported incidents of
workplace violence; assessing the potential
problem of workplace violence at its site;
assessing the college’s readiness for dealing
with workplace violence; evaluating incidents to
prevent future occurrences; and utilizing
prevention, intervention, and interviewing
techniques in responding to workplace violence.
This Team will also develop workplace violence
prevention tools (such as pamphlets, guidelines
and handbooks) to further assist in recognizing
and preventing workplace violence on campus. It
is recommended that this Team include
representatives from Campus Public Safety, Human
Resources, Labor Relations, Counseling Services,
Occupational Health and Safety, Legal, and
others, including faculty, staff and students,
as deemed appropriate by the President.
In lieu of
establishing the Workplace Violence Advisory
Team, a President may opt to expand the College
Advisory Committee on Campus Security with
representatives from the areas recommended above
to address workplace violence issues at the
campus and perform the functions outlined above. |
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University
Communications
All communications
to the University community and outside entities
regarding incidents of workplace violence will
be made through the University Office of
University Relations after consultation with the
respective President or his/her designee. |
Education
Colleges
are responsible for the dissemination and enforcement of
this policy as described herein, as well as for
providing opportunities for training in the prevention
and awareness of workplace violence. The Office of’
Faculty and Staff Relations will provide assistance to
the campuses in identifying available training
opportunities, as well as other resources and tools,
(such as reference materials detailing workplace
violence warning signs) that can be incorporated into
campus prevention materials for dissemination to the
college community. Additionally, the Office of Faculty &
Staff Relations will offer periodic training
opportunities to supplement the college’s training
programs.
Confidentiality
The
University shall maintain the confidentiality of
investigations of workplace violence to the extent
possible. The University will act on the basis of
anonymous complaints where it has a reasonable basis to
believe that there has been a violation of this policy
and that the safety and well being of members of the
University community would be served by such action.
Retaliation
Retaliation
against anyone acting in good faith who 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. Those found
responsible for retaliatory action will be subject to
discipline up to and including termination.
Approved by the Board of Trustees
June 28, 2004
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