Workplace Violence Prevention Policy & Procedure

This policy sets forth standards for employee conduct and guidelines for reasonable precautions and outlines response to threats or violence should they occur in the workplace whether in a College facility or at an off-campus College-owned workplace.

This policy incorporates: Workplace Violence Procedure

 Review Process / Approval

All employees

Employer — means (1) the state; (2) a political subdivision of the state, provided, however that this subdivision shall not mean any employer as defined in section twenty-eight hundred one-a of the education law; and (3) a public authority, a public benefit corporation, or any other governmental agency or instrumentality thereof.

Employee — means a public employee working for an employer.

Workplace — means any location away from an employee's domicile, permanent or temporary, where an employee performs any work-related duty in the course of his or her employment by an employer.

Supervisor — means any person within an employer's 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 a law, rule or regulation to which an employee submits written notice.

Retaliatory action— means the discharge, suspension, demotion, penalization, or discrimination against any employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

Workplace violence— means any physical assault, threatening behavior or verbal abuse occurring in the work setting. 

Verbal aggression — includes constantly refusing to cooperate, spreading rumors to harm others, being aggressively argumentative, and exhibiting belligerent behavior towards others.

Physical acts— comprises physical acts, including suicidal or homicidal threats, physical fights, destruction of property, and commission of a murder, rape, or arson.

Employees

• 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 including but not limited to the following examples:
  • Precautions: 
    • In response to telephone inquiries, do not release information about coworkers’ schedules, home telephone numbers, or other personal information.
    • In the event of suspicious conduct, request the credentials of any stranger who enters your office to do repair or other service work. If necessary, verify the work request with the building manager.
    • Never leave money, credit card, travel documents or anything else of value in an unlocked desk or cabinet.
    • If something is stolen, report it immediately to University Police.
  • Indicators*:
    • Direct or veiled threats of harm;
    • Intimidating, belligerent, harassing, bullying, or other inappropriate and aggressive behavior;
    • Numerous conflicts with supervisors and other employees;
    • Bringing a weapon to the workplace, brandishing a weapon in the workplace, making inappropriate references to guns, or fascination with weapons;
    • Statements showing fascination with incidents of workplace violence, statements indicating approval of the use of violence to resolve a problem, or statements indicating identification with perpetrators of workplace homicides;
    • Statements indicating desperation (over family, financial, and other personal problems) to the point of contemplating suicide;
    • Drug/alcohol abuse; and
    • Extreme changes in behavior.
• Orders of Protection:  Employees are expected to notify University Police whenever a protective restraining order is granted which mentions College property, or involves a College employee, or a person working at or attending the College, and provide a copy of the order.  Appropriate efforts will be made to protect the privacy and sensitivity of the information provided.  Employees should also notify their supervisor.
• Domestic Violence:  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 University Police.  Confidentiality will be maintained to the extent possible.
• All employees have an obligation to report any incidents of violence and/or inappropriate conduct or behavior to their supervisor, Human Resource Services, or University Police immediately. 
• Individuals found to be in violation of this policy may be removed from the College’s property. Employees may be subject to disciplinary action up to and including dismissal, pursuant to applicable College Policies and/or Collective Bargaining Agreements.  Further, all individuals who violate criminal law may be subject to criminal prosecution.
• No employee shall be subjected to criticism, reprisal, retaliation or disciplinary action from the college for good faith reporting pursuant to this policy.  Employees who engage in violent conduct should be reported to University Police at 518-564-2022 or 911.
• Individuals who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, may be subject to disciplinary action and/or referral to appropriate authorities for criminal and/or civil action as appropriate.

 *Identified by the FBI’s National Center for the Analysis of Violent Crime, Profiling and Behavioral Assessment Unit) in Dealing with Workplace Violence: A Guide for Agency Planners by the United States Office of Personnel Management, Workforce Relations, February 1998.

Supervisors

• 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.
• Supervisors are required to contact University Police immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
• Supervisors must 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. 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 University Police and immediate supervisor, the supervisor should keep it confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings.
• Every supervisor is obligated to report any knowledge of such conduct to Human Resource Services immediately. Failure of a supervisor to initiate appropriate action may result in administrative action including possible discipline.

University Police

• University Police is responsible for:
• responding to;
• intervening; and
• documenting all incidents of workplace violence in the workplace reported to it.
• University Police will immediately log all incidents of workplace violence reported to it and will notify the respective supervisor and Human Resource Services of an incident with the employee, or notify the appropriate College official of an incident with a student.
• University Police officers will be trained in workplace violence awareness and prevention, non-violent crisis intervention, conflict management, and dispute resolution.
• When informed, University Police will maintain a record of any Orders of Protection.
• University Police will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available.  Such escort services may be extended at the discretion of the Chief of Police or designee. 
• University Police may prohibit individuals from entry upon or remaining on College property in accordance with the University’s Rules for Maintenance of Public Order (8NYCRR Part 535).

Human Resource Services

• Human Resource Services (HRS) is responsible for:
  • assisting University Police and supervisors in responding to workplace violence;
  • facilitating appropriate responses to reported incidents of workplace violence;
  • notifying University Police of workplace violence incidents reported to HRS as appropriate; and,
  • consulting with the Employee Assistance Program to offer professional intervention.
• Human Resource Services* will maintain an internal tracking system of all threats and incidents of violence reported.

*For recordkeeping requirements see NYS Labor Law § 27-a. Safety and health standards for public employees.

Employee Assistance Program

The facilitator of the Employee Assistance Program is responsible for ensuring that subjects of workplace violence have access to counseling services, should they request it.  They are also responsible for assisting and speaking with employee victims.

Reporting Procedures

• Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence should call the University Police or 911 immediately. All emergencies and crimes must be reported to University Police at 518-564-2022 or 911.
• Any person who is the subject of a suspected violation of the Workplace Violence Prevention 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 University Police.
• Employees are expected to report any threat or act of violence that they have witnessed, received, or been informed of, to University Police or a supervisor.
• Employees who commit a violent act or threaten to commit a violent act may be subject to disciplinary action, criminal prosecution and/or civil prosecution as appropriate. 
• 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, pending the outcome of an investigation.

Violence Incident Report Form

NYS Department of Labor Division of Safety and Health’s, Workplace Violence Prevention Requirements for NYS Public Employers

NYS Department of Labor Division of Safety and Health

SUNY Plattsburgh shall make the written workplace violence prevention program available, upon request, to its employees and their designated representatives. 

At the time of employees’ initial assignment and annually thereafter, the College shall provide its employees with the following information and Workplace Violence: Awareness and Protection training :

• be informed of the requirements of NYS Labor Law § 27-b;
• the risk factors in their workplace(s);
• the location and availability of the written workplace violence prevention program; and
• training sessions that outline:
• the measures employees can take to protect themselves from such risks, including specific procedures the College has implemented to protect employees and
• the details of the written workplace violence prevention program developed by the College.