Workplace Violence Prevention Policy

Policy Statement

SUNY Brockport is committed to providing its employees a work environment that is safe, secure and free of threats, intimidation and acts of violence.  In compliance with New York Labor Law §27-b, SUNY Brockport has developed and implemented a Workplace Violence Prevention Policy and Program.

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 agreements and may be charged to the full extent of the law. Any individual who makes a substantial threat, exhibits threatening behavior or engages in violent acts on University property shall be subject to removal from the premises as quickly as safety permits.  An investigation will subsequently be conducted as promptly as possible.  

Firearms and dangerous weapons of any type are not permitted on campus except as permitted under SUNY Policy 5403.  The unlawful possession or use on campus of knives (except non-spring pocket knives) or other weapons, explosives or fireworks is prohibited.

Purpose/Scope

SUNY Brockport is committed to providing a work environment free from threatening behavior and acts of violence. 

Applicability

This policy applies University-wide. Departmental, office, or unit-specific policies may not contradict, undermine, or relax the standards of University-wide policies, and must adhere to the policy development process herein.

Definitions

Employee - Any person who is employed by SUNY, the University, and affiliated entities such as Brockport Auxiliary Services Corporation, performing work on behalf of the University at a location defined as a Workplace.

Retaliatory action - The discharge, suspension, demotion, penalization, or discrimination against any employee, or adverse employment action taken against an employee for filing a report under this policy.

Supervisor - Any person within the University 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 the law, rule or regulation to which the employee submits an incident report.

Workplace - Any location where an employee performs any work-related duty in the course of their employment by the University, an affiliated entity or contractor.

Workplace Violence - Any physical assault, threats, or acts of extremely aggressive behavior occurring in the course of an employee’s duties, including but not limited to:

• An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee.
• Any intentional display of force which would give an employee reason to fear or expect bodily harm.
• Intentional and wrongful physical contact directed at a person without their consent.
• Stalking a person with the intent to cause fear of harm to the physical safety and/or health of such person.

Policy Procedures

Reporting Procedures

Workplace violence or threats of workplace violence must be promptly reported to the appropriate University (and/or local) official as noted in the following reporting procedures. Additionally, all members of the University community are encouraged to report behavior that they reasonably believe poses a potential for workplace violence in order to maintain a safe living, working and learning environment.

1. Contact Local Law Enforcement at 911 (if off campus).
2. Contact University Police at (585) 395-2222.
3. Contact your supervisor.
4. Complete a Workplace Violence Incident Report.

University Police and the Office of Human Resources shall be notified of all reports related to Workplace Violence.  Electronic submission of the Workplace Violence Incident Report automatically sends these notifications.

Responsibilities

1. Employee
   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 risk of violent behavior.
   2. All employees have an obligation to report any incidents of violence or threats of workplace violence to University Police and their supervisor immediately. If an employee believes that imminent danger exists, they must contact University Police immediately by calling (585) 395-2222. In addition, employees are expected to notify University Police whenever an Order of Protection is granted which mentions University property, involves a University employee, or a person working at the University in any capacity. A copy of the Order shall be provided to University Police and the Office of Human Resources. Confidentiality will be maintained to the extent possible. Employees should also notify their supervisor.
   3. Right to Appeal: Any employee or representative of employees, i.e.: union officer, who believes that a violation of a Workplace Violence Prevention Policy exists, shall bring such matter to the attention of a supervisor in the form of an incident report, which will be sent to University Police and the Office of Human Resources. If, after the issuance of a report, 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 the Director of Human Resources at (585) 395-2126.
2. Supervisor
   1. Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within their area of jurisdiction for the implementation of this policy.
   2. Supervisors are required to contact University Police immediately in the event they become aware of imminent violence or an act of violence. Supervisors are expected to:
      1. Report to University Police 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.
      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 University Police and their immediate supervisor, they should maintain confidentiality to the extent possible.
      3. Implement recommended corrective action, including disciplinary action in accordance with the provisions of the appropriate collective bargaining agreements.
3. University Police
   1. University Police is responsible for:
      1. Responding to and documenting incidents of violence in the workplace. University Police will refer incidents of violence in the workplace to the Office of Human Resources for its action.
      2. Conducting a police investigation, if warranted by University Police or the Office of Human Resources
      3. Documenting all incidents of workplace violence and may notify the respective supervisor of an incident concerning their employee.
   2. When informed, University Police will maintain a record of the Orders of Protection that SUNY Brockport employees provide.
4. Office of Human Resources
   1. The Office of Human Resources is responsible for:
      1. Annually disseminating to all employees a statement that prohibits all acts of violence. This statement will be posted in prominent locations accessible to University community members.
      2. Providing Workplace Violence Prevention training to all employees annually.
      3. Assisting University Police and supervisors in responding to workplace violence.
      4. Facilitating appropriate responses to reported incidents of workplace violence.
      5. Notifying University Police of workplace violence incidents reported to The Office of Human Resources.
      6. Providing information to all new employees about services available through the Employee Assistance Program (EAP), including those designed to help employees deal with any issues related to workplace or domestic violence.
      7. Consulting with and referring to the Employee Assistance Program (EAP) Coordinator, who will locate appropriate services as necessary.
      8. Maintaining an internal tracking system, in consultation with University Police, 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 recommended policy or procedure changes, training issues, or security procedures that were or should be implemented to maintain a safe living, working and learning environment.

Prevention and Education

In compliance with NYS Labor Law §27b, and in keeping with the University’s interest in creating and maintaining a safe living, working, and learning environment, training will be provided 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, and information about methods to protect themselves from potential workplace violence risks.

Retaliation is Prohibited

Retaliation against anyone acting in good faith who has made a complaint of workplace violence, reported witnessing workplace violence, or been involved in reporting, investigating, or responding to workplace violence is in violation of this policy and will not be tolerated. SUNY Brockport will take appropriate corrective and/or disciplinary action against employees found to have participated in retaliatory actions.

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 University’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 via the link below and will maintain confidentiality.

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 via (800) 320-4760 or the link below, or to seek professional counseling services for assistance.

Links to Related Procedures and Information

SUNY Brockport’s Employee Assistance Program (EAP)
NYS Balance
NYS EAP
NYS Labor Law
Workplace Violence Incident Report

Contact Information

Office of Human Resources: (585) 395-2126

History (in descending order)

Approval

This policy was approved by President‘s Cabinet on 2020-09-18