Gender-Based Violence and the Workplace Policy

Statement of Confidentiality

The College recognizes and respects every employee’s right to privacy and confidentiality. All information, including employee disclosures about victimization, shall be kept confidential to the extent permitted by law and the College policy. Disclosure of such information may occur when an employee provides written informed consent or when the failure to disclose would create a substantial risk of imminent danger to the victimized employee, other employees, or worksite. Should that circumstance occur, the victimized employee will be notified of the actions that will be taken by the College and information sharing will be limited to the employees deemed necessary for securing the safety of the victim, other employees, or worksite. All information shared with the employees identified will be as limited in scope as possible. Employees may be required to sign an acknowledgement of confidentiality stating that any information obtained regarding the victimized employee must be used for the sole intended purpose of facilitating the safety and security of the impacted parties and campus at large, as applicable. 

Responsibilities

The College shall designate at least one employee as the College’s System-wide Domestic Violence Agency Liaison (System DVAL) to support the entire State University. The College will also appoint an appropriate DVAL liaison for each individual campus (Campus DVAL) to manage reports on the campus level, work with employees who make reports under this Policy. The Campus DVALs shall be an individual currently working in the Office of Human Resources at each campus. Where possible, a liaison shall be an employee with advocacy, social work, or counseling experience. However, employees who work as Employee Assistance Program (EAP) Coordinators shall not be designated as the System DVAL or as a campus-level DVAL. Campus DVALs shall be responsible for providing periodic reports to the System DVAL, who will transmit one aggregated report to OPDV on behalf of the College.

The College must post the name and contact information of the System DVAL and Campus DVALs on their respective website and provide annual written notice of such information to their entire communities, including faculty, staff, and students.  Such information should also be distributed to all new community members, including faculty, staff, and students upon arrival on campus.  The campus community must also be notified within two weeks of a change in the designation of its Campus DVAL.  SUNY System Administration and campus Offices of Human Resources and Student Affairs shall collaborate with the System DVAL and Campus DVALs’ supervisor to ensure that the System DVAL and Campus DVAL contact information is distributed as outlined in this section.   

All campuses must provide to the System DVAL the contact information for their campus level DVAL including, the name of the supervisor for the campus DVAL and shall provide to the System DVAL updates on any changes to the designated Campus DVAL within one week of such change. System DVAL will communicate any such changes to OPDV on behalf of the College. Any updates to the Campus DVAL shall be communicated to the System DVAL within two weeks of such change. The System DVAL will be responsible for communicating such changes to OPDV.

The College will take all appropriate actions to promote safety in the workplace by efficiently and effectively responding to gender-based violence and the needs of victims to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations, or collective bargaining agreements.

All SUNY campuses, including SUNY Geneseo, must comply with this Policy as outlined and establish internal processes and procedures necessary to comply with such requirements. Any campus that wishes to recommend changes to this Policy on a local level, must submit a request to the System DVAL with justification for the proposed change. Any approved amendments or modifications to this Policy will be approved by the Responsible Office noted above.

Employee Awareness

1. The College will increase awareness around domestic and gender-based violence and create an informed workforce regarding available sources of assistance for those experiencing domestic or gender-based violence. 

2. The College will increase awareness around possible disciplinary practices that may be implemented in the event of retaliation or used with employees who perpetrate acts of domestic or gender-based violence, in each case under the existing collective bargaining agreements, if applicable.

3. The College shall include this Policy as part of the written materials that are provided to all new employees and shall provide the Policy to all employees on an annual basis. 

4. A detailed explanation of employee’s rights under this Policy shall be given during new employee orientation, including information for contacting the System DVAL and the appropriate Campus DVAL. 

5. If the College suspects that an employee is a victim of domestic and gender-based violence but the employee has not disclosed victimization, the College shall refer the employee to: 

• the System DVAL and/or Campus DVAL,
  • EAP, and/or
  • The NYS Domestic and Sexual Violence Hotline (call: 800-942-6906, text: 844-997-2121, website: https://opdv.ny.gov/survivors-victims) (or the statewide hotline for workplace sexual harassment, as may be appropriate), and any local programs serving victims of domestic and sexual violence.
  • Referrals must be offered to anyone who discloses they are a victim of domestic or gender-based violence, as follows to: the System DVAL and/or Campus DVAL;
    • EAP, 
    • The NYS Domestic and Sexual Violence Hotline (call: 800-942-6906, text: 844-997-2121, website: https://opdv.ny.gov/survivors-victims) (or the statewide hotline for workplace sexual harassment, as may be appropriate), 
    • and any local programs serving victims of domestic and sexual violence.

The College shall post information on domestic and gender-based violence as outlined below, this Policy, and any additional available resources at the College’s workplaces. This information shall be posted in such places where employees are able to utilize the information without having to request it or be seen removing it. Such places may include: the campus intranet, employee newsletters and announcements, all restrooms, kitchen, pantry and lounge areas, and any other frequently attended areas. Information must include sources of assistance, contact information for the System DVAL(s) and Campus DVAL, EAP information, Human Resources staff, the NYS Domestic and Sexual Violence Hotline Number (1-800-942-6906), Chat and Text Line (1-844-997-2121), and contact information for local domestic violence programs. 

• Additional referrals shall be made to the appropriate resources to best meet the employee’s needs. 

• The College shall consider conducting programs and activities throughout the year to increase awareness about domestic and gender-based violence such as:

• Supply drives for local domestic and gender-based violence programs

• Brown bag lunch discussions

• Presentations by local domestic and gender-based violence programs, the System DVAL and/or Campus DVAL, or OPDV. 

The System DVAL and Campus DVALs

A DVAL’s responsibilities include:

• Ensure SUNY-wide implementation of, and compliance with, this Policy. 

• Ensure victimized employees are aware of and understand this Policy and their rights.

• Upon notification that an employee is a victim of domestic or gender-based violence, the System DVAL and/or the Campus DVAL, must provide the employee with confidential support services, including referrals to:

  • EAP

  • The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and any local programs serving victims of domestic and sexual violence.

• Ensure that the victimized employee is informed of all possible options available to them, such as the use of alternative scheduling or a change in work location and assisting the employee in identifying the best use of attendance and leave benefits. 

• Ensure that the victimized employee is aware of and receiving any necessary accommodations as outlined in section VII of this Policy. 

• Ensure that all employees receive a copy of this Policy annually, and regularly receive information about how to contact the System DVAL and Campus DVAL, and what supportive services are offered by the College.

• Conduct basic workplace safety strategizing with victimized employees. 

• The System DVAL will serve as the primary contact for OPDV, including reporting bi-annual data.

Human Resources

• SUNY System Human Resources staff and respective members of local campus HR staff shall ensure that each office, campus and location establish a workplace culture that is safe and supportive for anyone who has experienced domestic or gender-based violence by communicating that information and resources are available to victims and that abusive behavior by any employee will not be tolerated. 

• All Human Resources staff shall also ensure that all employees who are required to attend training from OPDV pursuant to the Policy complete the required training.

• All Human Resources staff shall ensure that employees shall receive a copy of this Policy upon hire as well annually. This shall also include information about how to contact the System DVAL and Campus DVAL, and the supportive services offered by the College. 

• All Human Resources staff shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of and receiving any necessary accommodations and shall consult with College leadership, the SUNY Office of General Counsel, and OPDV counsel as appropriate, to address complex cases. 

• All Human Resources staff shall assist supervisors to ensure that all employees who violate this Policy are held accountable. 

Supervisors

Supervisors shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of this Policy and understands this Policy and their rights, including the right to request accommodations or time off as discussed below. 

If any employee discloses being a victim of domestic or gender-based violence, or if the supervisor suspects that the employee may be a victim of domestic or gender-based violence, the Supervisor must refer the employee to:

The System DVAL and/or campus DVAL, 

• EAP, 

• The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), 

• and any local programs serving victims of domestic and sexual violence.

• There is no mandatory reporting of domestic or gender-based violence, unless it may constitute sexual harassment as defined in this Policy. 

Non-discrimination and Responsive Personnel Policies 

College policies and procedures should be trauma-informed, survivor-centered, and culturally responsive to victims’ needs, and should not discriminate. Under the New York State Human Rights Law, all persons covered by this Policy are protected from discrimination in the workplace on the basis of status as a victim of domestic violence, and on the basis of sex, sexual orientation, gender identity, and gender expression. 

Subdivision 34 of section 292 of the Executive Law of New York State establishes persons who qualify as a “victim of domestic violence.” 

Victims of domestic violence are a protected class under New York State Human Rights Law (Executive Law § 296(22)). 

• Employers may not refuse to hire or license and may not terminate someone solely based on their status as a victim of domestic violence.

• Employers may not discriminate against victims of domestic violence in compensation, terms, conditions, or privileges of employment. 

• Employers must prohibit inquiries about an applicant’s status as a current or past victim of domestic violence and may not make any employment decisions based on assumptions or actual knowledge about someone’s status as a current or past victim of domestic violence. Employers may inquire about status as a victim of domestic violence in order to provide reasonable accommodations.