INTRODUCTION
Across the
nation, violence in the workplace has become a significant occupational
hazard. Workplace violence is any violent act that occurs in the
workplace and creates a hostile work environment that affects employees'
physical or psychological well-being. Violence at work can take many
forms: harassment, intimidation, threats, theft, stalking, assault,
arson, sabotage, bombing, hostage taking, kidnapping, extortion,
suicide, and homicide. While violence is more likely in workplaces where
workers exchange money, work alone at night, handle valuable items, work
in high-crime areas, or work with those who may become violent, all
workplaces, regardless of
size or type of the organization, including The Graduate Center, have
the potential for violence.
The Graduate
Center and the City University of New York are committed to maintaining
an environment free of any form of violence in the workplace by
promoting a positive, respectful, and safe work environment that fosters
employees' security, safety, and health and will make every effort to
prevent violent incidents from occurring by implementing a Workplace
Violence Prevention Program. In support of this endeavor, CUNY adopted
a workplace violence policy in 2005 which established Workplace Violence
Advisory Teams at each college that assist the Presidents in responding
to workplace violence, facilitating appropriate responses to reported
violent incidents as well as assessing the potential problem of
workplace violence and the college’s readiness for dealing with
workplace violence.
On June 7, 2006, New York State
enacted legislation that requires public employers to determine the
risks of violence to workers in the workplace, and to develop and
implement prevention programs to minimize those risks. The law becomes
effective on March 7, 2007. The law requires every public employer to
perform a risk evaluation of their workplace to determine the presence
of factors or situations that might place employees at risk from
occupational violence, prepare a written workplace violence prevention
program and inform and train employees on the requirements of the law
and the workplace risk factors that were identified.
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CUNY
WORKPLACE VIOLENCE POLICY & PROCEDURES
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,
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 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).
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:
1.
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).
2. Intentional
physical contact for the purpose of causing harm (such as slapping,
stabbing, punching, striking, shoving, or other physical attack).
3. 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.
4.
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.
Reporting of Incidents
1. General
Reporting Responsibilities
Incidents of workplace
violence, threats of workplace violence, or observations of workplace
violence are not to 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.
2.
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.
3. 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.
4. 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.
5.
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.
6. 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
1. 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.
2. 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.
3. 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.
4.
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 be posted throughout the campus and be
placed on the CUNY website and on the college’s website, as appropriate.
5.
Office of 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.
6.
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.
7. 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.
The members of the Workplace
Violence Advisory Team at the Graduate Center are:
