HR / Labor Relations
Legal and Compliance
SUNY Gender-Based Violence and the Workplace Policy
January 01, 2023
This policy item applies to:
The State University of New York (“State University” or “SUNY”) is committed to maintaining campuses and a workplace free from domestic and other forms of gender-based violence. SUNY in its continuing effort to facilitate a safe and welcoming environment in education and employment, and in support of federal and state gender-based violence prevention legislation, has adopted the following policy in furtherance of such efforts.
Domestic violence and other forms of gender-based violence impact the lives of thousands of New Yorkers each day, with tragic, destructive, and often fatal results. The impact of such violence transcends beyond the various locations at which such incidents take place and are felt in the workplace. The safety of victims, co-workers, and clients have the potential to be compromised.
SUNY recognizes that domestic and gender-based violence occurs within a wide spectrum of relationships and is committed to taking every appropriate measure to support employees who may be experiencing victimization in a survivor-centered, trauma-informed, and culturally responsive manner.
SUNY shall not engage in any retaliatory practices against any employee that discloses they are a victim of domestic or gender-based violence, or any employee seeking accommodations or to exercise their rights under this Policy.
SUNY will not retaliate, tolerate retaliation by any superiors, terminate, or discipline any employees for reporting information about alleged incidents of domestic violence that may have been committed by an employee, including those in management positions.
Retaliatory practices may include, but are not limited to, fewer promotions, inappropriate jokes, snide comments, excluding employee from conversations, etc., and may be carried out by everyone, not just the original perpetrator. Retaliation includes commencing discipline against victimized employees for actions taken to promote their safety.
Any employee or SUNY engaging in retaliatory practices may be subject to disciplinary actions. If you believe you have been subject to retaliatory practices, please see Section XIV: Violations of Policy.
Pursuant to New York State and Federal law, any person convicted of a domestic violence-related crime, or who is subject to any order of protection, forfeits the right to legally possess a firearm or long gun under certain circumstances. Additionally, federal law contains prohibitions relating to shipping, transportation, or receiving firearms or ammunition.
In addition to complying with State and Federal law, employees who are authorized to carry a firearm as part of their job-related duties are required to notify SUNY if they are arrested for a domestic violence-related offense and/or are served with an order of protection. Under certain circumstances, such employees are responsible for surrendering their firearms to the issuing agency or to the appropriate police agency.
Should an employee fail to comply with the above listed requirements of this Policy, they would be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statute, or regulations. In addition, law enforcement may be notified for possible criminal action.
Any employee who would like to report any alleged violations of this Policy may do so by contacting the Director of Human Resources (SUNY System Administration and/or Campus level offices), OPDV, or the NYS Inspector General's Office by calling the toll-free hotline at 1-800-367-4448 where trained staff will discuss the specifics of your complaint.
For complaints of workplace discrimination, an employee may contact the Anti-Discrimination Investigations Division at the NYS Office for Employee Relations (https://antidiscrimination.oer.ny.gov/). This includes complaints related to denials of reasonable accommodations.
Domestic Violence - A pattern of coercive behavior, including acts or threatened acts, that is used by a perpetrator to gain power and control over a victim, as defined in New York State Social Service Law § 459-a, including, but not limited to physical, sexual, psychological, economic, and/or emotional abuse; or the threat of any/all of the aforementioned acts.
Domestic Violence Agency Liaison (DVAL) - A designated employee(s) of SUNY who has been trained by the Office for the Prevention of Domestic Violence (OPDV) to assist victimized employees; who ensure SUNY compliance with the Gender-Based Violence and the Workplace Policy; and who serves as the primary contact for OPDV.
Gender-Based Violence - Violence or threats that happen because of someone's sex, gender, sexual orientation, gender identity or expression, or other related characteristics. Gender-based violence is an umbrella term that includes domestic violence, sex-based discrimination, sexual harassment, sexual assault, and sexual violence, and can also include stalking or human trafficking.
Order of Protection (OP) (Commonly referred to as "Restraining Order" or "Stay-Away Order") - An order issued by any court to limit the behavior of someone who harms or threatens to harm another person. Orders of protection may direct the offending party not to injure, threaten, or harass the victim, their family, or any other person(s) listed in the order and may include, but are not limited to ordering him/her/them to stay away from the home, school, business, or place of employment of the victim; vacate a shared residence; abide by any active orders of custody and visitation; and surrender any firearms.
Perpetrator or abusive partner or person who causes harm - A person who commits or threatens to commit coercive or violence acts, which may include, but is not limited to, physical, psychological, sexual, economic, and/or emotional abuse against a victim.
Sexual Harassment - Consistent with the New York State Human Rights Law, unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex when:
Victim of domestic violence (New York State Social Services Law § 459-a) - Any person over the age of sixteen, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person's child is a victim of an act which would constitute a violation of the penal law, including, but not limited to, acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation, identity theft, grand larceny, or coercion; and
"Family or household members" mean the following individuals:
"Parent" means a natural or adoptive parent or any individual lawfully charged with a minor child's care or custody.
Workplace - For the purposes of this Policy, any permanent or temporary location away from an employee's domicile where an employee performs any work-related duties in the course of employment.
There are no procedures relevant to this policy.
There are no forms relevant to this policy.
Gov. Hochul Executive Order No. 17 (2022) - Requiring the Adoption of Gender-Based Violence and the Workplace Policies (codified at 9 NYCRR 9.17)
This policy was adopted in January 2023 pursuant to Gov. Hochul’s Executive Order No. 17, which requires state entities to adopt a Gender-based Violence and the Workplace Policy that meets or exceeds enumerated minimum standards in order to address domestic violence in the workplace.
There are no appendices relevant to this policy.