Intimate Partner Violence and Stalking Policy
(Domestic Violence, Dating Violence)
Approved by Executive Council on 2/3/09
Reapproved by Executive Council 4/8/2014 & 8/12/2014
This Policy has been renamed from: Domestic Violence & Stalking Policy
The State University of New York, College at Plattsburgh (SUNY Plattsburgh or the College) is an educational community bound by common standards of conduct and a commitment to ensuring a safe and supportive learning and working environment for all students, faculty and staff. This policy establishes procedures for responding to incidents of intimate partner violence (IPV), including procedures to assist victim/survivors, hold perpetrators accountable, and reduce the incidence of IPV and stalking.
2.0 Revision History
Created January 2004
Revised November 2008 and December 2013
Arlene Sabo, Chief, University Police
Lynda J. Ames, Ph.D., Affirmative Action Officer/Title IX Coordinator
Susan Welch, Executive Director of Human Resource Services
Steve Matthews, Dean of Students
Bryan Hartman, Vice President of Student Affairs
3.0 Persons Affected
All college employees and all college students, as well as contractors/vendors and visitors to campus.
It is the policy of SUNY Plattsburgh that intimate partner violence and stalking will not be tolerated.
It is the policy of the College to support and assist victim/survivors in attaining the services they may need and/or to assist in reporting incidents to appropriate College offices and/or police agencies. Assisting victim/survivors includes providing them with information about all the medical, legal, and counseling services available so victim/survivors can make informed decisions and avail themselves of all the services and rights to which they are entitled. When IPV or stalking is reported, a coordinated response is initiated. Unless the victim/survivor is in immediate danger, all steps taken should be discussed with the victim/survivor and initiated with her/his consent.
It is the policy of the College to hold perpetrators accountable for their actions, through campus judicial or personnel procedures if appropriate, and by working with community agencies and law enforcement as appropriate.
All reports of IPV and stalking will be reported as required by the Clery Act.
Portions of this policy may parallel state or federal laws, but are in no way intended to substitute or supplant those laws. As members of the SUNY Plattsburgh community, students and employees of the College are expected to comply with and abide by SUNY Plattsburgh’s policies and procedures, in addition to federal, state, and local laws whether off campus or on-campus.
This policy will be reviewed annually by the Executive Director of Human Resource Services, the Affirmative Action Officer/Title IX Coordinator, and the Chief of University Police. Any substantive policy revisions and updates shall be forwarded to OPDV and the SUNY-wide Affirmative Action Officer.
Stalking and intimate partner violence may be a related phenomenon and can often occur in the same relationship. (Also see the College's Policy on Sexual Assault and Workplace Violence Prevention Policy and Procedure.)
Intimate Partner Violence (also called domestic violence, dating violence, relationship violence, spousal abuse, or battering) is a pattern of abusive behavior: physical (e.g., striking, shoving, kicking, punching, strangling, restraining); sexual (rape, sexual assault); emotional (e.g., isolation from friends and family, verbal abuse); and psychological (e.g., threats of harm to victim/survivor or self, a third party, pets, or property, humiliation and degradation, harassment) that is used by one person to gain power and control over a current or former spouse or intimate partner, or current or former dating partner. This definition includes heterosexual couples and gay couples.
Abuser: A person who perpetrates a pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim/survivor.
Victim/survivor: The person against whom an abuser directs coercive and/or violent acts.
Stalking is a pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a reasonable person (or others important to that person) to fear or suffer: death; assault; bodily injury; sexual assault; involuntary restraint; damage to property; confinement. The individual knows or should know that such conduct is likely to cause reasonable fear of material harm to physical health, safety, or personal property of such person, a member of such person's family, or a third party with whom the person is acquainted. Stalking can involve a range of behaviors including, but not limited to: following someone on foot or in a car; showing up at a victim/survivor's place of work; repeatedly calling; sending flowers and gifts; contact through e-mails or letters; breaking into the victim/survivor's home or car; homicide.
Many, but not all, of the behaviors involved in IPV or stalking violate New York State law. (This policy is not intended to substitute for or supplant those laws.)
6.0 Procedures and Responsibilities
College investigations and/or disciplinary procedures will:
• Proceed independently of any action taken in the criminal or civil courts, as determined on a case-by-case basis in compliance with Title IX regulations. College procedures are not a substitute for criminal court proceedings;
* Absent extenuating circumstances, be completed within sixty days.
• Proceed with appropriate attention to victim/survivor safety; and
• Not require a victim/survivor to mediate directly with the person accused, including couples counseling.
All College Employees:
• Are encouraged to bring their orders of protection (OP) to University Police and notify University Police of any changes to the OP. Note that UP is staffed 24 hours a day, 7 days a week, all year round;
• Are encouraged to be familiar with campus and community resources available to victim/survivors and survivors, and offer support and assistance as appropriate; (See "Resources" below.)
• Should assist the victim/survivor-with her/his consent to seek services (hospital, medical, crisis intervention) and report the incident to authorities (University Police, Affirmative Action Officer/Title IX Coordinator, Dean of Students, and Human Resource Services);
See the Intimate Partner Violence flowchart below
• Will maintain confidentiality to the extent possible--see Appendix A below.
All College Students
• Are encouraged to bring their orders of protection (OP) to University Police and notify University Police of any changes to the OP. Note that UP is staffed 24 hours a day, 7 days a week, all year round;
• Are encouraged to be familiar with campus and community resources available to victim/survivors and survivors, and offer support and assistance as appropriate. (See "Resources" below.)
• Are encouraged to be familiar with the student code of conduct;
• Are encouraged to report instances of stalking, IPV, or sexual violence to UP or the Title IX Coordinator.
In addition, various offices have these further responsibilities:
Vice President for Student Affairs will:
• Collect confidential Clery Crime Incident Report forms and summarize to College officials and the University Police (UP) for the purposes of annual statistical crime reporting;
• Organize educational sessions regarding IPV and stalking reporting and prevention during New Student Orientation. This education will inform students that IPV and stalking are prohibited, and will include definitions, list options for by-stander action, and describe warning signs.
Student Conduct Office will:
• Respond to allegations of student misconduct consistent with the Student Conduct Manual. Such allegations can be made by victim/survivors or witnesses (i.e., residence hall staff, police, faculty, staff, parent, visitor, or another student). This procedure is independent of any criminal procedure. Proceedings shall provide for prompt, fair and impartial resolutions. The accuser and accused are entitled to the same opportunities to have a support person of their choice at any proceeding or related meeting;
• Not require a victim/survivor to mediate directly with person accused;
• Hold student perpetrators accountable utilizing the Student Code of Conduct and procedures therein. The standard for holding individuals accountable will be a “preponderance of the evidence”. The accuser and accused will be simultaneously informed in writing of the outcome of disciplinary proceedings;
• Organize training for members of the Judicial Board concerning the dynamics of stalking and intimate partner violence;
• If the victim/survivor presents to this office, a Victim’s Services Notice will be provided to the victim/survivor (see below). Copies will be distributed as indicated on the form;
• Complete a confidential Clery Crime report form (see below) and forward it as directed on the form (unless the victim/survivor has reported the incident to UP).
Human Resource Services will:
• Respond to allegations of employee misconduct consistent with College policy. (See Appendix D below) Such allegations can be made by victim/survivors or witnesses. This procedure is independent of any criminal procedure and will proceed independently in compliance with Title IX procedures;
• Pursue disciplinary charges against the accused employee in accordance with applicable collective bargaining agreements when sufficient information indicates that there are reasonable grounds to pursue disciplinary action, whether or not legal authorities pursue these charges and whether or not the employee is convicted of these charges;
• Endeavor to keep victim/survivors safe in the workplace;. (See Appendix B and C below)
• Not require a victim/survivor to mediate directly with person accused;
• Organize periodic training sessions for staff on this policy and on the dynamics of stalking and IPV assault. Such training will be strongly encouraged for supervisors and administrators; all education will inform employees of prohibited behavior, and will include definitions, list options for by-stander action, and describe warning signs;
• Disseminate, on an annual basis, information to College employees concerning this policy;
• Provide primary prevention and awareness education on IPV, stalking and sexual violence for new employees;
• If the victim/survivor presents at this office, provide a Victim’s Services Notice and distribute copies as indicated on the form.
University Police will:
• Investigate reports and/or refer perpetrator for prosecution, personnel action, and/or judicial action as appropriate;
• 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/campus. If requested by the victim/survivor of intimate partner violence or another law enforcement agency, the college shall provide information in its possession concerning an alleged violation of an order of protection. Note that UP is staffed 24 hours a day, seven days a week, year round;
• Assist with safety planning as needed (reference Appendix C below);
• Issue Persona non grata (PNG) letters to visitors (any individual not currently registered as a student or employed by the campus), other third parties, or suspended/terminated students/employees who violate any provision of the SUNY Trustees’ Rules for the Maintenance of Public Order.
o PNG status means that the designated individual is prohibited from entering onto the campus at any time, for any reason, without written authorization from the Chief of University Police or designee. Should the designated individual fail to comply with the terms of the PNG Letter he/she will be considered a trespasser and will be subject to arrest and criminal prosecution;
• Receive orders of protection (OPs) from campus community members, maintain OPs in a file within restricted access area, and enforce all violations of OPs. Note that UP is staffed 24 hours a day, seven days a week, year round;
• If the victim/survivor presents at UP, provide the Victim’s Safety Services Receipt and distribute copies as indicated;
• File crime and other reports as appropriate
Affirmative Action Officer/Title IX Coordinator will:
• Respond to allegations of employee and student intimate partner violence and stalking. Such allegations can be made by victim/survivors or witnesses. Consistent with Title IX requirements, investigations will proceed independently from any criminal investigation;
See Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment.
• If the victim/survivor is a student, ensure the victim/survivor has academic support available and offered to him/her, such as tutoring, re-taking a course or withdrawing from class without penalty;
• Take interim safety steps on behalf of the victim/survivor, which may include a change of housing assignment, changing class schedules. Safety steps taken should minimize the burden on complainant;
• Not require a victim/survivor to mediate directly with person accused;
• Provide victim/survivor with a Victim’s Services Notice, and distribute copies as per form. Make referrals as indicated;
• If the victim/survivor has not reported the incident to UP, complete a confidential CLERY Crime report form (below) and forward it as directed.
Employee Assistance Program will:
• Refer employees to appropriate services;
• Have Victim’s Services Notice available.
Student Health and Counseling Center will:
• Maintain the contact as strictly confidential;
• Provide appropriate medical services, including counseling, for students;
• Refer students to appropriate resources (Affirmative Action Officer /Title IX Coordinator, University Police, Student Conduct Office, Human Resource Services);
• Have Victim’s Safety Service Notices available.
• If the victim/survivor has not reported the incident to UP and with the victim/survivor’s consent, complete a confidential CLERY Crime report form (see below) and forward it as directed.
Offices of Housing and Residence Life staff will:
• Report all incidents to the Director of Housing and Residential Life, who will refer as appropriate; The Director of Housing and Residence Life is obligated to report as per the Clery Act, but the name of the victim/survivor will only be provided with the victim/survivor's consent, except in extenuating circumstances;
• If the victim/survivor presents to Res Life, a Victim’s Services Notice will be reviewed with the victim/survivor and distribute copies as per the form;
• Place this policy in the manual for RAs and RDs and provide yearly training on the policy;
• Refer students to appropriate resources (Affirmative Action Officer/Title IX Coordinator, University Police, Student Conduct Office, Human Resource Services);
• Work with University Police or other appropriate entities on safety planning for victim/survivors.
• 564-2022 University Police
• 564-3310 Affirmative Action Officer/Title IX Coordinator
• 564-3282 Student Conduct Office
• 564-5062 Human Resource Services
• 564-3824 Housing and Residence Life
• 564-2187 Student Health and Counseling Center
• 564-4848 Health Educator & Outreach Coordinator
Off Campus: NOTE that these agencies may change; the listings are current for 2013
• 563-6904 STOP Domestic Violence/Behavioral Health Services North
• 1-877-212-2323 Sexual Assault Services (Planned Parenthood of the North Country New York)
• 563-3411 Plattsburgh City Police
• 563-3761 NY State Police
APPENDIX A: CONFIDENTIALITY
• Information related to an employee being a victim/survivor of intimate partner violence shall be kept confidential, to the extent permitted by law and campus policy, and shall not be divulged without the consent of the victimized employee, unless the campus determines that maintaining said confidentiality puts the victim/survivor or other employees at risk of physical harm, is required by law, or is deemed necessary to enforce an order of protection. In such circumstances where a determination has been made that maintaining confidentiality puts the victim/survivor or other employees at risk of physical harm, only those individuals deemed necessary by the campus to protect the safety of the victim/survivor and/or other employees or to enforce an order of protection shall be given such information. SUNY Plattsburgh shall disclose only the minimum amount of information necessary to protect the safety of the victim/survivor and/or other employees or enforce an order of protection. Where possible, SUNY Plattsburgh will provide to the victim/survivor of intimate partner violence notice of the intent to provide information to other employees and/or safety personnel. Nothing herein shall prevent SUNY Plattsburgh from investigating an act or acts of intimate partner violence occurring in the workplace. Some examples of situations where confidentiality cannot be maintained include the following:
1. Supervisors/managers may be informed about an intimate partner violence incident that happens in the workplace, or a report of intimate partner violence, if it is necessary to protect the safety of the employee or the employee's co-workers.
2. First aid and safety personnel may be informed about an intimate partner violence incident that happens in the workplace or a report of intimate partner violence, if it is necessary to protect the safety of the employee or the employee's co-workers.
3. Government officials investigating an intimate partner violence incident that occurs in the workplace, or a report of intimate partner violence, shall be provided relevant information upon request and in accordance with legal requirements.
APPENDIX B: SPECIFIC PERSONNEL POLICIES
Non-Discriminatory and Responsive Personnel Policies for Victimized Employees
SUNY Plattsburgh shall ensure that personnel policies and procedures do not discriminate against victim/survivors of intimate partner violence and are responsive to the needs of victim/survivors of intimate partner violence.
1. New York State law makes it a crime for employers to penalize an employee who, as a victim/survivor or witness of a criminal offense, is appearing as a witness, consulting with a district attorney, or exercising her/his rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law. This law requires employers, with prior day notification, to allow time off for victim/survivors or subpoenaed witnesses to exercise her/his rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law [Penal Law §215.14]. If there are any questions or concerns regarding the leave that must be granted to victim/survivors or subpoenaed witnesses, contact the Executive Director of Human Resource Services or the Attendance and Leave Unit at the Department of Civil Service.
2. SUNY Plattsburgh, upon request, will assist the employee in determining the best use of her/his attendance and leave benefits when an employee needs to be absent as a result of being a victim/survivor of intimate partner violence. If an employee requests time off to care for and/or assist a family member who has been a victim/survivor of intimate partner violence, SUNY Plattsburgh will evaluate the employee's request for leave for eligibility under existing law and collective bargaining agreements applicable to the employee and the attendance rules.
3. SUNY Plattsburgh understands that victim/survivors of intimate partner violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety. Therefore, the Executive Director of Human Resource Services will consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise her/his safety-related needs and will satisfactorily meet the documentation requirement of the employer. Because there are confidentiality issues associated with the submission of documentation in these instances, SUNY Plattsburgh may choose to consult with the Attendance and Leave Unit at the Department of Civil Service when questions arise.
4. Employees who are victim/survivors of intimate partner violence and who separate from a spouse (or terminate a relationship with an intimate partner, if covered), shall be allowed to make reasonable changes in benefits at any time during the calendar year where possible, in accordance with statute, regulation, contract and policy.
5. SUNY Plattsburgh will not make inquiries about a job applicant's current or past intimate partner violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure. NYS has established that victim/survivors of domestic violence are now a protected class in the employment provisions of the NYS human rights law. This law prevents an employer from firing or refusing to hire any individual based on their status as a victim/survivor of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment.
6. In cases in which it is identified that an employee's work performance difficulties are a result of being a victim/survivor of intimate partner violence, said employee shall be afforded all of the proactive measures outlined in this policy, and shall be provided clear information about performance expectations, priorities, and performance evaluation. If a disciplinary process is initiated, special care will be taken to consider all aspects of the victimized employee's situation. SUNY Plattsburgh shall utilize all reasonable available options to resolve work-related performance problems, and may make a referral to the Employee Assistance Program, consistent with existing collective bargaining unit agreements, statute, regulations and agency policy.
7. If reasonable measures have been taken to resolve intimate partner violence-related work performance problems of victimized employees, but the performance problems persist and the employee is terminated or voluntarily separates from employment due to these intimate partner violence related issues, and the employee conveys to SUNY Plattsburgh that the separation is due to these intimate partner violence issues, SUNY Plattsburgh shall inform the employee of his or her potential eligibility for unemployment insurance and respond quickly to any requests for information that may be needed in the claims process. New York State law provides that a victim/survivor of intimate partner violence who voluntarily separates from employment may, under certain circumstances, be eligible for unemployment insurance benefits. [§593 of NYS Labor Law.]
SUNY Plattsburgh’s Responsibility
1. SUNY Plattsburgh believes that intimate partner violence is behavior that cannot be tolerated and, to that end will, actively provide information and support to employees who are victim/survivors of such abuse.
2. SUNY Plattsburgh will disseminate copies of this Intimate Partner Violence to all employees upon implementation and to all new employees upon hiring or appointment.
3. SUNY Plattsburgh encourages all employees to review and follow this policy and the procedures set forth herein.
4. SUNY Plattsburgh will, consistent with applicable law and campus policy, document all incidents of intimate partner violence that happen in the workplace. Such documents should be provided to the designated liaison to System Administration as soon as practicable. Such documents shall be kept confidential to the extent permitted by law and campus policy and the provisions of section detailed below.
5. All SUNY Plattsburgh employees providing intimate partner violence information and support services shall document, consistent with applicable law and agency policy, the number of employees who report intimate partner violence, the number of employees that request information/services, and the number of referrals made to domestic violence service providers. All information about employees who seek assistance shall be kept confidential to the extent permitted by law and campus policy and the provisions of section detailed below, and documentation should not include any personal information. The number of employees seeking assistance as outlined above shall be reported to the designated liaison to System Administration.
6. The designated liaison to System Administration shall, consistent with applicable law and SUNY Plattsburgh policy, provide information about the number and general nature of intimate partner violence incidents that happen in the workplace, the number of employees who report intimate partner violence, the number of employees that request information/services, and the number of referrals made to domestic violence service providers, with no personally identifying information, to OPDV at the time and in a manner determined by OPDV.
7. While reported information is kept private to the greatest extent possible by Federal law, State law, and campus policy, New York State law includes clear limitations on legal confidentiality. Information reported to anyone not in a position listed below may have to be disclosed pursuant to a subpoena, where otherwise required by law or in accordance with section above. Such confidentiality exists in certain (but not all) instances for certain medical personnel and counselors, social workers, clergy, attorneys, and rape crisis counselors and may in fact be required to be turned over in these cases through a subpoena or court order. Please note that where medical information is received from an employee who is the victim/survivor of intimate partner violence, such medical information shall be kept confidential to the extent required by and permitted by New York State and Federal laws including, but not limited to, the Americans with Disabilities Act and the Family and Medical Leave Act, if they apply to the employee's situation.
Information to be Included in Campus Postings Regarding Intimate Partner Violence and the Workplace.
At a minimum, the following information shall be provided to current employees and new employees and included in posters posted in areas where employment information is ordinarily posted:
1. Information regarding intimate partner violence and available resources in the work site. Such information shall include available sources of assistance such as Employee Assistance Program, local intimate partner violence service providers, the NYS Domestic Violence and Sexual Assault hotline, and/or personnel who are trained and available to serve as confidential sources of information, support, and referral. Additionally, the posters may include information regarding domestic violence programs located on the OPDV website http://www.opdv.state.ny.us/
2. A statement informing employees that New York State law prohibits insurance companies and health maintenance organizations from discriminating against intimate partner violence victim/survivors or designation of intimate partner violence as a pre-existing condition [§2612 of the Insurance Law].
Additionally, SUNY Plattsburgh shall integrate information on intimate partner violence and this Intimate Partner Violence policy into existing materials and literature, policies, protocols, and procedures, including the Public Employer Workplace Violence Prevention Programs as appropriate.
APPENDIX C: SAFETY OF AFFECTED PERSONS
Workplace Safety Plans
By means of an intimate partner violence workplace safety response plan, SUNY Plattsburgh shall make employees aware of their options and available resources and help employees safeguard each other and report intimate partner violence to designated officials.
a. The designated liaison between SUNY Plattsburgh and SUNY System Administration is the Executive Director of Human Resource Services. This liaison will ensure campus wide implementation of this policy, and serve as the primary liaison with System Administration regarding this policy. The System Administration designated liaison will communicate with the Office for the Prevention of Domestic Violence (OPDV) on behalf of campuses as it relates to reporting.
b. Additionally, the following individuals/offices are designated as available to support those in need of assistance concerning intimate partner violence:
• University Police at campus extension 564-2022 or 911
• The Office of Human Resource Services 564-5062
• Affirmative Action Officer /Title IX Coordinator 564-3310
• Center for Student Health and Psychological Services 564-2187
c. SUNY Plattsburgh complies with enforcement of all known valid court orders of protection that are brought to the attention of SUNY Plattsburgh. SUNY Plattsburgh shall comply with Federal and State Law when information is requested by intimate partner violence victim/survivors or law enforcement regarding an alleged violation of an order of protection.
d. SUNY Plattsburgh will discuss with a known victim/survivor of intimate partner violence the limitations on confidentiality under New York State Law (See Section VII [h]; NYS Agencies Responsibility d – g).
e. SUNY Plattsburgh shall take actions to assist in mitigating reoccurrence of intimate partner violence in an effort to protect all individuals including the victim/survivor. These actions may include, but are not limited to:
• advising residence life staff and/or co-workers and, upon request, the employee's bargaining representative, of the situation;
• setting up procedures for alerting University Police;
• temporary relocation of the victim/survivor to a more secure area;
• options for voluntary transfer or relocation to a new work site or residence hall room;
• change of work or class schedule
• escort for entry to and exit from the building;
• addressing telephone, fax, e-mail or mail harassment;
• maintaining and/or distributing a photograph of the abuser
• maintaining a copy of any existing court orders of protection in a confidential location within University Police.
• Terminating proximity card access or collecting college facilities keys for/from suspended/terminated employees/student
SUNY Plattsburgh will address any additional concerns raised by a situation in which both the victim/survivor and offender are employed by SUNY Plattsburgh.
APPENDIX D: ACCOUNTABILITY
Accountability for Employees Who Are Offenders
SUNY Plattsburgh will hold employees accountable for engaging in the following behavior: (1) using state resources to commit an act of intimate partner violence; (2) committing an act of intimate partner violence from or at the workplace or from any other location while on official state business; or (3) using their job-related authority and/or state resources in order to negatively affect victim/survivors and/or assist perpetrators in locating a victim/survivor and/or in perpetrating an act of intimate partner violence.
a. In cases in which SUNY Plattsburgh has found that an employee has threatened, harassed, or abused an intimate partner at the workplace using state resources such as work time, workplace telephones, FAX machines, mail, e-mail or other means, said employee may be subject to corrective or disciplinary action in accordance with existing collective bargaining unit agreements, statutes and regulations.
b. In cases in which SUNY Plattsburgh has verification that an employee is responsible for a intimate partner violence-related offense, or is the subject of any order of protection, including temporary, final or out-of-state order, as a result of intimate partner violence, and said employee has job functions that include the authority to take actions that directly impact victim/survivors of intimate partner violence and/or actions that may protect abusers from appropriate consequences for their behavior, SUNY Plattsburgh shall determine if corrective action is warranted, in accordance with existing collective bargaining unit agreements, statutes and regulations.
c. In cases in which any employee intentionally uses her/his job-related authority and/or intentionally uses state resources in order to negatively impact a victim/survivor of intimate partner violence, assist an abuser in locating a victim/survivor, assist an abuser in perpetrating acts of intimate partner violence, or protect an abuser from appropriate consequences for his behavior, said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statutes and regulations.
Pursuant to New York State and federal law, a person convicted of an intimate partner violence-related crime or subject to an order of protection, under certain circumstances, forfeits the right to legally possess a firearm or long gun. Additionally, federal law contains prohibitions relating to shipping, transportation, or receiving firearms or ammunition.
a. In addition to complying with the law, employees who are authorized to carry a firearm as part of their job responsibilities are required to notify the campus if they are arrested on an intimate partner violence-related offense and/or served with an order of protection. Under certain circumstances, such employees are responsible for surrendering their firearms to the firearm-issuing agency or to the appropriate police agency.
b. Should an employee fail to comply with the requirements set forth in this policy said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statute or regulations. In addition, the appropriate law enforcement agency shall be notified for possible criminal action.
Accountability for Students Who Are Offenders
SUNY Plattsburgh will hold students accountable who are found to be responsible for violating the College’s rules and regulations pertaining to Intimate Partner Violence and Stalking, as referenced in Section 26.02 and 26.03 of College Regulations contained in the Student Conduct Manual.
Each case will be adjudicated on its own merits and those students found responsible will be sanctioned as appropriate based upon the severity of the case and after an evaluation of any past violations of College Rules and Regulations, those of similar circumstances and those of differing circumstance, by the student offender in question.
An employee or student who participates in any of the IPV, stalking, or sexual assault reporting procedures has the right to do so without fear of or actual retaliation. Retaliation against an employee or a student who has filed a complaint, or against any witness, will result in appropriate sanctions or disciplinary action as covered by College policies or applicable collective bargaining agreements. These sanctions will be invoked for retaliation regardless of the merits of the original complaint.
Victim’s Services Notice
Flow Chart: Response to Intimate Partner Violence
Clery Crime Incident Report Form
For more information about Administrative Policies approved by Executive Council, please contact:
Sean Brian Dermody
Assistant to the Vice President for Administration
Management Services Office
Office: Kehoe 710-11
Phone: (518) 564-2539
Fax: (518) 564-2540