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Workplace Violence |
THE CITY UNIVERSITY OF NEW YORK
WORKPLACE VIOLENCE POLICY & PROCEDURES
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Policy |
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Scope |
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Definitions |
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Reporting of Incidents |
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Responsibilities |
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Education |
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Confidentiality |
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Retaliation |
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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.
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POLICY |
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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 be 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).
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Scope |
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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.
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Definitions |
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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 be 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. |
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Reporting of Incidents |
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General
Reporting Responsibilities: |
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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 |
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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 |
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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 |
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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 |
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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 |
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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). |
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Responsibilities |
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Presidents |
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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
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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 |
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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 |
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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 be posted throughout the campus and
be placed on the CUNY website and on the college’s website, as appropriate. |
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Office of Human Resources |
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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 |
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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 |
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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 |
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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.
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Education |
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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.
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Confidentiality |
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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.
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Retaliation |
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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.
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Approved by the Board of Trustees
June 28, 2004 |
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