Affordable Care Act (ACA) - Notification to Employees of Availability of Health Coverage through the new Health Insurance Marketplace

The Patient Protection and Affordable Care Act (ACA) was signed into law in March 2010.
One of the ACA requirements for employers is to inform employees of their health insurance
coverage options, including the availability of coverage through the New Health Insurance
Marketplace.

This notice satisfies this government requirement and provides some general
information about the “new marketplace” and the employment based health plans offered to
you by the State of New York (NYS).

Because the State provides very comprehensive benefits and pays a high percentage of the
cost of coverage, the vast majority of State employees who are eligible for NYSHIP
coverage will not be able to obtain lower cost coverage under the Marketplace.

More information about the Marketplace can be found at the NY State of Health website 
and by calling the Marketplace customer service phone number 1-855-355-5777.

If you are currently enrolled in NYSHIP coverage no action on your part is required
as the attached serves specifically for notification purposes only

ALCOHOL AND CONTROLLED SUBSTANCES IN THE WORKPLACE POLICY

Policy

1. It is the policy of Purchase College to maintain a workplace and campus free from unlawful and unauthorized possession, use, or distribution of alcohol and controlled substances. In compliance with the Federal Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and New York State Policy on Alcohol and Controlled Substances in the Workplace, employees of Purchase College must, as a condition of employment, be aware of and comply with this policy.
2. The unlawful manufacture, dispensation, distribution, possession, or use of controlled substances on the Purchase College campus, at any Purchase College work site, or in the course of performing duties of employment with Purchase College, is prohibited.
3. The unlawful or unauthorized possession, use, or distribution of alcohol on the Purchase College campus, at any Purchase College work site, or in the course of performing duties of employment with Purchase College, is prohibited.
4. Purchase College employees are prohibited from on the job use of, or impairment from, alcohol or other lawful or unlawful substances and are expected to report to work in, and remain in, a condition that enables them to perform their job duties in a safe manner that does not jeopardize their own safety, the safety of others, or property.
5. Employees who violate this Alcohol and Controlled Substances in the Workplace Policy are subject to penalties and/or disciplinary proceedings consistent with applicable laws, rules, regulations, and the disciplinary articles of collectively negotiated agreements.

Definitions

1. “Controlled substance” means a substance identified in The Controlled Substances Act, 21 USC 812 and includes, but is not limited to, narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, including analogs, certain over the counter medications, look alike drugs and so called “street drugs”.
2. “Impaired” for the purpose of this policy means the condition of being under the influence of a substance or substances, such that the employee’s work performance, sensory or motor senses (i.e., sight, hearing, balance, reaction, or reflex), capabilities, or judgment, are altered to the extent the employee’s ability to perform job functions is diminished.
3. “Substance” for the purpose of this policy means any alcoholic beverage, illegal drug, controlled substance, lawful prescription, over-the-counter medication, or other substance that has known mind altering or function altering effects on the human body.
4. “Unfit for duty” means the employee is not in a physical, mental, or emotional state to perform the tasks of their work assignment in a manner that does not threaten the safety or health of the employee, co-workers, the public at large, or property.

Applicability

This Policy applies to all Purchase College employees and anyone working on the Purchase College campus, other property, or work location (including property leased or rented by Purchase College, and remote work sites) while on duty or in the course of performing duties of employment with the College, or when on official college business. When this Policy refers to “employee,” it includes student employees, volunteers, contractors, and interns.

Responsibilities

Employees

It is the policy of Purchase College that:

1. No employee shall manufacture, dispense, distribute, possess, or use any controlled substance, on any Purchase College property or work location (including property leased or rented by Purchase College or remote work site) while on duty or in the course of performing duties of employment with the College, when on official college business, or while in a state vehicle, a vehicle leased or rented for state business, or a private vehicle being used for state business.
   1. Under federal law, marijuana is classified as a Schedule 1 drug. Although the State of New York has legalized cannabis[1] for adult recreational use and as prescribed for certain medical purposes by legally registered individuals, Purchase College is subject to federal laws that prohibit the possession, use, distribution, or cultivation of marijuana, including medical marijuana. It continues to be Purchase College policy that employees are prohibited from on the job use of or impairment from, controlled substances. This prohibition includes both adult cannabis use and medical cannabis use.
2. No employee shall possess, use, or distribute alcohol without proper authorization[2] on any Purchase College property or work location (including property leased or rented by Purchase College or remote work site) while on duty or in the course of performing duties of employment with the College, when on official college business, or while in a state vehicle, a vehicle leased or rented for state business, or a private vehicle being used for state business.
3. No employee will report for work; return from any break, lunch, or rest period; or perform work, while impaired as a result of consuming any controlled substance, alcohol, lawful prescription, over-the-counter medication, or other substance.
4. The use of legally prescribed and over-the-counter medications is not prohibited when taken as directed, provided such use does not render the employee unfit for duty.
   1. An employee taking a prescribed or over-the-counter medication that has the potential to negatively impact the employee’s ability to perform their job functions in a safe and effective manner, should bring the situation to the attention of their supervisor or Human Resources, especially if the employee’s job responsibilities have an impact on the health or safety of themselves or others. It may be necessary for the employee to provide certification to the Office of Human Resources from their physician stating that the medication does not adversely impact fitness to do the job. These situations are to be addressed confidentially on a case-by-case basis.
5. An employee observed to be exhibiting signs and symptoms of being impaired and believed to be unfit for duty may not remain at the workplace. An employee may not leave the workplace until they have made satisfactory arrangements to be transported off-campus safely.
6. An employee on paid standby status shall remain fit for duty at all times in accordance with this Policy.
7. Work-related accidents or injuries involving state vehicles, equipment and/or property where it can be demonstrated that the use of alcohol or controlled substances may have been a contributing factor, will result in disciplinary action consistent with the disciplinary articles of applicable collective bargaining agreements which can include penalties up to and including termination of employment and possible criminal or civil penalties consistent with applicable laws, rules, and regulations.
8. Medical testing may be done if the College has a reasonable suspicion that an employee is unable to perform their job duties due to the misuse of alcohol or controlled substances.
9. An employee may be directed to undergo a medical examination and/or testing under Section 72 of the NYS Civil Service Law at the expense of Purchase College if there is a belief that the employee is not able to perform their duties as a result of alcohol or substance related disabilities.
10. Any employee convicted of a criminal drug offense involving the workplace, must notify the Chief Human Resources Officer or designee, and their supervisor of the conviction within five (5) days after the conviction as required by the Federal Drug-Free Workplace Act of 1988. A supervisor who has been notified of such conviction must inform the Chief Human Resources Officer or designee, within twenty-four (24) hours of receiving the information from the employee.
11. Compliance with this policy is a condition of employment. Employees who violate this policy are subject to criminal, civil, and disciplinary penalties consistent with applicable laws, rules, regulations, and collective bargaining agreements, and/or may be referred to the Employee Assistance Program or required to complete an approved drug or alcohol rehabilitation program.
12. Purchase College will assist employees who have a substance abuse or alcohol problem in their recovery provided the employee seeks or accepts assistance. However, the College will take appropriate disciplinary action, which can include penalties up to and including termination of employment, to resolve drug or alcohol related performance issues.

Supervisory

It is the policy of Purchase College that:

1. Supervisors have an important role in establishing and perpetuating a productive work environment at the College. As such, they are responsible for determining through direct observation whether there is a reasonable suspicion that an employee is impaired by alcohol, a controlled substance, or other substance, and not able to perform their assigned duties. A reasonable suspicion must be based upon specific, reliable observation that can be articulated concerning the appearance, behavior, speech, or body odor of the employee.
   1. Signs that an employee may be under the influence of alcohol or other substance include unsteady gait, odor of alcohol on the breath, thick or slurred speech, aggressive or abusive language or behavior, disorientation, or lethargy.
   2. With respect to cannabis, “reasonable suspicion” means the employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, or such specific articulable symptoms interfere with the College’s obligation to provide a safe and healthy work place, free from recognized hazards, as required by state and federal occupational safety and health law. These symptoms are not defined in law and may vary from situation to situation.
2. A supervisor who has observed an employee, and believes that employee is exhibiting signs or symptoms of being under the influence of or impaired by alcohol or controlled substance or other substance, should immediately consult a second supervisor or manager to confirm the observations of the primary supervisor. If a second supervisor or manager is not available, the supervisor should contact Human Resources for assistance.
3. Employees reasonably suspected of being impaired and believed to be unfit for duty may represent a danger to themselves, others, or college property cannot continue to perform work duties and may not remain at the workplace. Any incident representing performance problems possibly resulting from substance or alcohol use should be documented in writing immediately.
4. Once a supervisor has performed due diligence in terms of ascertaining an employee’s fitness to do their job and perform their duties, if the supervisor remains convinced that the employee is under the influence of alcohol, a controlled substance, or other substance while at work, the supervisor should inform the employee they cannot remain at the workplace. An employee believed to be impaired should not be permitted to drive home from the workplace and must make arrangements for safe transport home. If all other alternatives have been exhausted, a supervisor may allow the employee to be driven home in a state vehicle. Whenever possible, supervisors should contact the Office of Human Resources before allowing an employee to leave. Supervisors must document any instance when an employee is removed from the workplace.
5. The fact that an employee is suspected of being unfit to perform their duties due to the influence of alcohol, a controlled substance, or other substance is not automatically a disciplinary incident. Each situation requires a case-by-case review. After an employee is removed from the workplace, the supervisor(s) and manager(s) will be contacted by the Office of Human Resources to get more information. Human Resources will determine whether disciplinary charges or other administrative actions should be pursued, or what actions seem prudent.
6. If an employee displays dangerous, aggressive, or abusive behavior that constitutes a danger to persons or property or resists voluntarily leaving the workplace, the Office of Human Resources must be contacted immediately to proceed with clearance to suspend the employee under the provisions of the disciplinary procedures of the appropriate union contract. If necessary, the College Police Department will be contacted to assist in removing the employee from the workplace since safety is always the first priority.
7. An employee, who is determined to be unfit to remain on duty and is removed from the worksite, may be subject to a medical exam at the expense of Purchase College as a condition of returning to work and may be eligible to use accrued leave. In such cases, supervisors should contact the appropriate staff of Human Resources for advice and assistance.
8. A supervisor notified that an employee was convicted of a criminal drug offense involving the workplace, shall inform the Chief Human Resources Officer or designee, within twenty-four (24) hours of receiving the information from the employee. Purchase College will notify the appropriate federal agencies, if applicable, within ten (10) days of receipt of a notice of an employee drug conviction.

Management

It is the policy of Purchase College that:

1. An alcohol and controlled substance free workplace will be maintained.
2. All employees must understand and comply with this Policy. Purchase College may periodically provide information and training to employees on recognizing the behaviors of alcohol and substance misuse or abuse, the dangers related to alcohol and substance misuse or abuse, and the availability of support services.
3. Appropriate corrective actions will be taken with managers and supervisors who fail to perform the duties and responsibilities outlined in this policy.

Resources

The following resources are available to assist Purchase College employees with possible alcohol or substance misuse or abuse problems:

Employee Assistance Program

An Employee Assistance Program (EAP) is available on campus for employees who wish to seek assistance in addressing drug or alcohol related problems as well as other personal and family matters. For information contact: Odile Delgado, EAP Coordinator at 914-251-6098 or EAP@purchase.edu

Health Insurance Information

Purchase College’s employee health insurance plans provide coverage for substance abuse programs. Information regarding policy coverage is available at the SUNY Insurance Website - https://www.suny.edu/insurance/

or,

Contact Noemi Spaziante, Purchase College Benefits/Payroll Office Coordinator at: 914-251-6448.

New York State Office of Addiction Services and Supports (OASIS)

Information about the substance use disorder treatment system, treatment options, access to care, including working with insurance companies, and locating a provider is available at OASAS - http://www.oasas.ny.gov

HOPEline

Provides 24-hour, 7-day-a-week help to New Yorkers struggling with addiction. HOPEline can be reached by calling: 1-877-8-HOPENY (1-877-846-7369) or by texting: HOPENY (Short Code 467369)

Kathleen Farrell, Chief Human Resources Officer, 914-251-5961, kathleen.farrell@purchase.edu

Ricardo Espinales, Associate Human Services Director, 914-251-6086, ricardo.espinales@purchase.edu

Amanda Zallo, Human Resources Manager, 914-251-6449, amanda.zallo@purchase.edu

Kristi Gullen, Labor Relations Specialist, 914-251-6093, kristi.gullen@purchase.edu

[1] Although state and federal law use different terms, cannabis and marijuana (marihuana) are defined the same. (NYS Penal Law article 222; Controlled Substances Act, 21 U.S. Code § 802(16)).

[2] The Purchase College Alcohol Policy governs the use of alcohol at college events on or off campus and permits the lawful use of alcohol by persons over the legal drinking age at approved college-sponsored functions. An employee attending an approved college-sponsored event where alcohol is served is responsible for complying with applicable New York State laws, Town of Harrison ordinances, and college policies governing the use and misuse of alcohol and may be subject to disciplinary, administrative, criminal, or civil action for any illegal alcohol use or inappropriate behavior.

Appointment Types

In accordance with the State University of New York (SUNY) Board of Trustees Policies and the United University Professionals (UUP) agreement Purchase College recognizes several different appointment types for faculty and staff.

Appointments types can be found in the State University of New York (SUNY) Board of Trustees Policies – Article XI. There are 3 appointment types for faculty and 3 appointment types for staff. Below are the types of appointments and their definitions.

Faculty appointments:

• Temporary – A temporary appointment ordinarily is given only when service is to be part-time, voluntary, replacing someone on leave, or anticipated for a period of one year or less. Temporary appointments can be terminated at any time.
• Term – A term appointment is an appointment for a specified period of not more than three years, which shall automatically expire at the end of that period unless terminated earlier because or resignation, retirement, or termination.
• Continuing – A continuing appointment, commonly known as tenured appointment, is an appointment to an academic rank that will continue until resignation, retirement, or termination.

Staff Appointment:

• Temporary – A temporary appointment ordinarily is given only when service is to be part-time, voluntary, replacing someone on leave, or anticipated for a period of one year or less. Temporary appointments can be terminated at any time.
• Term – A term appointment is an appointment for a specified period of not more than three years, which shall automatically expire at the end of that period unless terminated earlier because or resignation, retirement, or termination.
• Permanent – A permanent appointment is an appointment that will continue until a change in such title, resignation, retirement or termination. Please note that professional staff serving in Appendix A, B, or C titles are not eligible for permanent appointment.

Questions regarding these appointments may be directed to the Department of Human Resources, 914-251- 6090.

The latest version of the State University of New York (SUNY) Board of Trustees Policies can be accessed via the following SUNY website link: SUNY Policies of the Board of Trustees. 

SUNY Purchase Consensual Relationship Policy

1. Policy Statement:

The State University of New York is committed to ensuring that our students, faculty, and staff can learn and work in an environment that is free from nepotism, harassment, exploitation, and conflicts of interest. SUNY is also committed to promoting fairness in grading, evaluation, and career opportunities. In order to achieve this, it is vital that all college personnel maintain professional boundaries with students, and with employees over whom there is or will be a supervisory relationship.

SUNY professional staff and other college personnel exercise power and authority over SUNY students and employees for whom they have current supervisory, instructional, or other professional responsibility, which creates a power imbalance. This makes consent within any romantic relationship between a supervisor and employee or between a professional staff or other college personnel and a student problematic and may impede the real or perceived freedom of the student or employee to terminate or alter the relationship. Further, it may cause individuals outside of that relationship to believe that they are treated in an unequal manner during such a relationship or after it terminates, or it may cause individuals to feel that entering such a relationship is necessary or assistive in attaining their academic or career goals. Such a relationship may damage the credibility or reputation of the student, employee, the department or unit, the campus and University as a whole and may expose individuals or the institution to legal action and liability.

In the academic context, romantic relationships that might be appropriate in other circumstances have inherent dangers when they occur between professional staff or other college personnel and students. Implicit in the idea of professionalism is the recognition by those in positions of authority that in their relationships with students and employees there is an element of power.

Trust and respect are diminished when those in positions of authority abuse or appear to abuse their power. It is ethically wrong for members of the faculty or staff to use their positions to exploit students. Voluntary consent by a student to a sexual relationship with a member of the faculty or staff is suspect, given the imbalance of power inherent in such a relationship. Students involved in such relationships are at risk of exploitation. Faculty or staff members involved in such relationships are creating potential conflicts of interest and personal liability to charges of sexual harassment and interference with the welfare and academic or work performance of others. It is the position of the president and Purchase College that no such relationships can be consensual, and any such relationship will be investigated and appropriate action taken.

In the employment context, there is a presumption against romantic relationships between employees where there is a current supervisory or authority imbalance. In cases where there is or has been a consensual romantic relationship between two individuals employed by the college, it is important that any sphere of influence or authority by one such employee over another be removed. Where one person is in the direct line of supervision over the other, the supervisor must notify college administration so that alternative arrangements for supervision can be made.

Where neither individual is in the direct line of supervision over the other, but authority exists wherein one individual could impact any employment related decision regarding the other, such as participating in decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual, such person must either recuse themselves from the decision-making process or, in the alternative, notify college administration so that they can be removed from the decision- making process.

Non-consensual relationships are always prohibited and may implicate other policies or laws.

II. Definitions:

Department or Unit: an academic department or unit or a professional department or unit.

• Academic Department or Unit: Department or unit devoted to a particular academic discipline or operational area.
• Professional Department or Unit: Department or unit devoted to providing professional services to students. This includes, but is not limited to, dining services, facilities services, student life/activities, financial aid, registrar, bursar, career services, library services, residential life, athletics, academic advisement, disability services, counseling services, health center, information technology, and safety, security and Police.

Other College Personnel: Any person with an employment relationship with the college that is not covered by the definition of professional staff. This would include all employees in the classified service pursuant to New York State Civil Service laws, rules and regulations as well as student and graduate student employees on the state payroll

Professional Responsibility: For the purposes of this policy only, professional staff and other college personnel shall be deemed to have professional responsibility to an undergraduate student or graduate student when that person has a job related duty that can impact the student’s educational or professional career; specifically, where they have decision-making authority that may impact student learning, student life or student welfare, they have professional responsibility.

In addition, a University Police Officer shall be deemed to have a professional responsibility at any time that they are on duty, or when the member is directly involved in an ongoing investigation in which the student is a target, witness, person of interest or subject of an investigation, criminal matter, inquiry, or campus administrative action, or when the member is involved in an open case or action in which the student or other staff is either the plaintiff/complainant/defendant or potential plaintiff/complainant/defendant.

A health care professional working in a campus student health services/wellness center shall not commence a romantic relationship with a student for whom they are providing direct patient medical care. In addition, such health care provider shall not provide direct patient medical care to a student with whom they have had or are having a consensual romantic relationship (unless it is an emergency and no other health care provider is available on campus).

Professional Staff: All persons occupying positions designated by the Chancellor as being in the unclassified service. This includes academic employees, professional employees, and management/confidential employees. See Policies of the Board of Trustees, Article II, Definitions.

Romantic Relationship: An intimate, sexual and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term. Such a relationship exists in a marriage, a domestic partnership, or outside of marriage or domestic partnership between two persons who have a sexual union or who engage in a romantic partnering or courtship that may or may not have been consummated sexually.

Student: An individual who is either an undergraduate or graduate student.

• Undergraduate Student: An individual whose primary relationship to the campus is in their role as a matriculated or non-matriculated student in an Associate or Bachelor level program, including certificates and other traditional and non-traditional academic programs. This definition does not include employees who are taking a non-matriculated course that is not part of an academic program. Status begins at payment of deposit to enroll or equivalent and continues through completion of all academic requirements and This applies regardless of the age of the Undergraduate Student and age of the faculty or staff member.
• Graduate or Professional Student: An individual whose primary relationship to the campus is in their role as an enrolled or non-matriculated student in a Masters, Doctoral, post Bachelor Certificate or Professional level It also includes such individuals in the status of academically-required employment, such as residency, internship, practicum, fellowship and equivalent. Depending on employment status, this group of students may also be covered employees as professional staff or other college personnel.

Supervisory Relationship: A relationship in which an employee has the authority to make, recommend, or impact decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation, or changes in compensation or benefits for another individual.

III. Employee Applicability:

This policy governs professional staff or other college personnel, whether employed full- time, part-time, or in volunteer status, whether or not they receive monetary compensation. This policy does not apply to undergraduate or graduate student employees on the student assistant or college work study payroll; it does apply to graduate students with appointments as graduate assistants or teaching assistants. Conflicts of interest and limitations on supervisory relationships by student employees may be covered separately by the Code of Conduct or other policy.

IV. Policy:

1. Undergraduate Students:

SUNY professional staff or other college personnel, are prohibited from entering romantic relationships with any undergraduate students.

B. Graduate or Professional Students:

SUNY professional staff or other college personnel are prohibited from entering romantic relationships with any graduate or professional student.

C. Employees in a Supervisory Role:

SUNY professional staff or other college personnel are prohibited from supervising any employee with whom they are currently engaged or in the past have been engaged in a romantic relationship. Professional staff or other college personnel who enter a romantic relationship with any employee for whom they provide direct line supervision must notify their direct supervisor or department/unit head, and Director of Human Resources or Employee Relations or designee. The employee’s supervisor or department/unit head, in concert with the Director of Human Resources or Employee Relations or designee, shall determine whether an alternative supervisory structure is possible and, if so, shall direct the employees to the alternative supervisory structure. The conclusion of the relationship (whether amicably or not), does not change the prohibition stated herein.

There is no prohibition or reporting requirement for SUNY professional staff or other college personnel who enter, are currently engaged in, or in the past have been engaged in romantic relationships with other faculty and staff where there is no direct line supervisory relationship. However, where a romantic relationship exists or has existed, professional staff or other college personnel shall recuse themselves from any personnel decisions regarding the other individual including hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual or, in the alternative, notify college administration so that they can removed from the decision-making process.

It is understood that any intimate activity between SUNY professional staff/other college personnel and another employee shall never take place while on the SUNY professional staff/other college personnel is on duty or on campus.

There are no prohibitions or reporting requirements for consensual social interactions between SUNY professional staff or other college personnel, regardless of supervisory relationships, that are not romantic in nature.

D. Pre-Existing Relationships:

Relationships between professional staff or other college personnel and an undergraduate, graduate/professional student, or employee for whom the employee will have supervisory, instructional, or other professional responsibility that pre-date enrollment as a student, the existence of a supervisory, instructional or professional responsibility, or hire as staff are permissible provided that employee notifies their direct supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee. The supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee will work with the covered individuals to ensure that they are not in a direct supervisory or instructional relationship (and, if so, will develop a management plan for the employee), but there is no prohibition on maintaining the relationship. Individuals with hiring or admission authority may not be directly responsible for hiring or admitting an employee or student of any level, with whom they are currently engaged or have in the past been engaged in a romantic, intimate, and/or sexual relationship.

V. Reports and Investigation:

While the primary reporting office for violations of this policy is the Office of Human Resources or Employee Relations, reports of violations of this policy may be brought to the campus Title IX Coordinator, the Director of Human Resources or Employee Relations or their designee, or the Office of the Provost.

Monitoring the status of alternative supervision is the responsibility of the Director of Human Resources or Employee Relations or designee. All documentation under this policy shall be maintained in the Office of Human Resources or Employee Relations.

Retaliation for making a report or participating in a process under this policy is prohibited. The University prohibits an individual from knowingly filing a false complaint or making misrepresentations of sexual misconduct. A complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct. If an investigation results in a finding that a person who has accused another of sexual misconduct has acted maliciously or has recklessly made false accusations, the reporting party will be subject to appropriate sanctions. It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

VI. Discipline:

Violations of this policy may result in disciplinary charges up to and including termination. Any disciplinary action shall be taken pursuant to the applicable collective bargaining agreement.

In light of staffing needs resulting from the State’s response to COVID-19, New York State and CSEA agree to the following:

CSEA employees who might normally lose vacation accruals (since they may have accrued over 320 hours on April 1, 2020) because they are engaged in the response efforts will be given until the close of business on December 31, 2020 to use their excess vacation credits.  Nothing herein shall affect vacation credits accrued by eligible employees after April 1, 2020. 

Employees who have any unused excess vacation accruals (more than 320 hours) as of the close of business on December 31, 2020 will lose them. It is the employee’s responsibility to monitor their accruals  

For questions, please contact Time and Attendance at (914) 251-6057.

________________________________________________________________

Asunto: Acuerdo relativo a la extensión del uso de las acumulaciones de vacaciones

A la luz de las necesidades de personal resultantes de la respuesta del Estado a COVID-19, el Estado de Nueva York y CSEA están de acuerdo con lo siguiente:

Los empleados de CSEA que normalmente podrían perder las acumulaciones de vacaciones (ya que pueden haber acumulado más de 320 horas el 1 de Abril de 2020) porque están involucrados en los esfuerzos de respuesta se darán hasta el cierre del negocio el 31 de Diciembre de 2020 para utilizar sus créditos de vacaciones en exceso.  Nada de lo presente afectará a los créditos de vacaciones acumulados por los empleados elegibles después del 1 de Abril de 2020.   

Los empleados que tengan cualquier acumulación de vacaciones en exceso no utilizada (más de 320 horas) al cierre del negocio el 31 de Diciembre de 2020 los perderán. Es responsabilidad del empleado monitorear sus devengos.

Para preguntas, comuníquese con Time and Attendance al (914) 251-6057.

CSEA Classified Service Administrative Policies – Facilities Management Department 

Essential Personnel

All classified employees assigned to Grounds, Custodial, Heating/Plumbing, Electrical, Automotive, Residential Facilities and Maintenance Trades Departments are deemed by the College as part of its essential services.  Essential personnel provide support to the campus community as part of their job responsibilities and are required to report to work as scheduled in an emergency.  Essential personnel may be required to work mandatory overtime as part of an emergency and you may be directed to remain at work or be called in early based on the operational needs of the College.  Emergencies may include, but are not limited to, weather related events such as snowstorms or hurricanes; power outages; campus operational incidents; or other emergency, including a governmentally declared emergency.  Failure to comply with essential personnel requirements, as well as directives from management, may result in lost pay and could also result in disciplinary action.

Sign-In / Sign-Out / Daily Meal and Break Periods

CSEA Facilities employees must sign in immediately upon their arrival at work.  When signing in or out, use the next available line on the sign in/out sheet and accurately record the time.  Do not leave lines blank.  It is the responsibility of the supervisor and/or the department head to establish the scheduled times during which meal and break periods can be taken.  CSEA Facilities employees are not to leave their assigned work area prior to the meal or break period times and are to return to their assigned work post promptly at the end of each time period.  These meal and break period times are to be followed daily unless you are directed otherwise or receive permission for a change in times from senior management of the Facilities Management department.  The daily meal period for an employee who is working six (6) hours or more must be of at least one-half hour duration.

Breaks, when granted, should be of a reasonable duration.  As a guide, more than two 15-minute breaks per 7.5 or 8 hour workday would be considered excessive.  Employees who do not take meal and/or breaks are not permitted to either shorten the workday or to receive any form of overtime compensation or compensatory time off.  Also, break periods are not to be taken in conjunction with meal periods.  Breaks during periods of overtime are subject to the discretion of management.

Absences – (Definitions)

• Scheduled Absence: Time off requested in advance and approved by your supervisor using appropriate leave credits.
• Unscheduled Absence: An absence not requested and not approved in advance, such as sick day, inclement weather, transportation, personal, their or family emergency, etc. 
• Unauthorized Absence: Failure of an employee to appear for a regularly scheduled work assignment or to notify a supervisor/designee of the employee’s inability to work (no call/no show, late call-in) within the established time frames.  This type of absence may result in lost pay and may also result in disciplinary action. 

Time Off Requests

When requesting any time off, including a partial day, CSEA Facilities employees are required to complete a Time-Off Request form and submit it to their supervisor.  If your immediate supervisor is not available at the time of submission, the form must be submitted to the next available supervisor/unit head.  If you are not sure who your next available supervisor/unit head is, you should ask your current supervisor upon receipt of this document.  Requests to use accrued vacation, personal, or banked holiday time, must be submitted with as much advance notice as possible but no less than 1 day in advance.  Time-Off Requests are subject to the operational needs of the facility and must be approved by the supervisor in advance of taking the time off. 

While efforts are made to accommodate time off requests, there are certain times of the year when adequate staffing must be ensured in order to meet the increased operational needs of the college and campus community.  Requests for time off during these times require a higher level of scrutiny and will be approved only to the extent practicable in light of the needs of the department to provide required services.  These times include:

• On or around the start of the Fall Semester
• On or around the start of the Spring Semester

All Time Off Request forms submitted by the employee will be answered within five (5) working days (preferably sooner) of receipt by your supervisor.  Please do not make or purchase any transportation arrangements such as airline tickets, etc. and/or book hotel accommodations until you have received approval of your time off request.

Unscheduled Absences

Employees absent due to an unexpected and unavoidable emergency situation must make every effort to notify their supervisor prior to the start of the shift but no later than two hours after the start of the scheduled workday.  If you are unable to speak to your supervisor, you must leave a voicemail message on the supervisor’s phone.  Shift workers may be required to call prior to the beginning of the shift unless other arrangements have been made with the supervisor.  Calling in provides your supervisor with the information necessary to schedule the workday but does not automatically create an approval to charge leave accruals.

Tardiness / Requests to Leave Early

Employees are expected to be at their workstation and ready to work at the time their shift begins.  If you are going to be late, you must call (914) 251-6920 before the start of your shift, but no later than two hours after the start of your scheduled workday, and advise your supervisor why you will be late (excluding medical information) and when you expect to be in.

If you need to leave work before the end of your shift for other than a medical emergency, you must receive advance permission from your supervisor to do so.  As with lateness, it will be at the discretion of your supervisor as to how the missed time is charged (accrued vacation time, personal time, holiday time, or non-paid).

Time missed due to tardiness or early departure cannot be made up by working through breaks, meal breaks, or beyond the scheduled end of the shift.

Personal Calls

Personal calls during work time are not permitted except for urgent situations. Use of personal cell phones is limited to scheduled breaks and/or lunch periods. College-owned cell phones assigned to Department employees are only to be used to conduct official College business when the employee is away from their desk without access to a desktop phone.  Employees with College-owned cell phones are required to reimburse the College for personal calls made on the cell phone and desktop phone assigned to the employee.

Updated January 23, 2020

PURCHASE COLLEGE

Domestic Violence and the Workplace Policy

Policy Statement

Domestic violence permeates the lives and compromises the safety of thousands of New York State employees each day, with tragic, destructive, and often fatal results. Domestic violence occurs within a wide spectrum of relationships, including married and formerly married couples, couples with children in common, couples who live or have lived together, or persons who are dating or who have dated in the past regardless of sex, sexual orientation, gender identity, or gender expression.

Domestic violence is defined as a pattern of coercive tactics which can include physical, psychological, sexual, economic and emotional abuse perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.  In addition to exacting a tremendous toll from the individuals it directly affects, domestic violence often spills over into the workplace, compromising the safety of both victims and co-workers and resulting in lost productivity, increased health care costs, increased absenteeism, and increased employee turnover.

Purchase College to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations or collective bargaining agreements, will take all appropriate actions to promote safety in the workplace and respond effectively to the needs of victims of domestic violence.  

Definitions

For purposes of this policy, the following terms will be defined as follows.

Domestic Violence: A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.

Intimate Partner: Includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, couple who are in an “intimate relationship” including but not limited to, couples who live or have lived together, or persons who are dating or who have dated in the past regardless of sex, sexual orientation, gender identity, or gender expression.

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.

Victim: The person against whom an abuser directs coercive and/or violent acts. 

Guidelines

I. Employee Awareness

Purchase College shall take all reasonable actions to educate employees regarding the effects of domestic violence, ways to prevent and curtail violence, and methods to report such violence to authorities.

It is the policy of Purchase College that information on domestic violence and available resources shall be posted and, if necessary, replaced or reposted annually in areas where other employment policies and information are traditionally posted.  This information shall include the topics addressed in the appendix.

II. Non-Discriminatory and Responsive Personnel Policies for Victimized Employees

Purchase College shall ensure that personnel policies and procedures do not discriminate against victims of domestic violence and are responsive to the needs of victims of domestic violence.

a. New York State law makes it a crime for employers to penalize an employee who, as a victim or witness of a criminal offense, is appearing as a witness, consulting with a district attorney, or exercising their 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 victims or subpoenaed witnesses to exercise their 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 victims or subpoenaed witnesses, contact the Director of Human Resources or the Attendance and Leave Unit at the Department of Civil Service.

b. Purchase College, upon request, will assist the employee in determining the best use of their attendance and leave benefits when an employee needs to be absent as a result of being a victim of domestic violence.  If an employee requests time off to care for and/or assist a family member who has been a victim of domestic violence, Purchase College 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.

c. Purchase College understands that victims of domestic violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety. Therefore, the Director of Human Resources will consult with the employee to identify what documentation they might have, or be able to obtain, that will not compromise their 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, Purchase College may choose to consult with the Attendance and Leave Unit at the Department of Civil Service when questions arise.

d. Employees who are victims of domestic violence and who separate from a spouse (or terminate a relationship with a domestic 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.

e. New York State has established that victims 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 an individual based on their status as a victim of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment.  Purchase College will not make inquiries about a job applicant’s current or past domestic violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure.

f. In cases in which it is identified that an employee’s work performance difficulties are a result of being a victim of domestic 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.  Purchase College 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.

g. If reasonable measures have been taken to resolve domestic 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 domestic violence related issues, and the employee conveys to Purchase College that the separation is due to these domestic violence issues, Purchase College shall inform the employee of their 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 of domestic violence who voluntarily separates from employment may, under certain circumstances, be eligible for unemployment insurance benefits. [§593 of NYS Labor Law.]

Additional information may be found on the New York State Department of Labor website.

III. Workplace Safety Plans

By means of a domestic violence workplace safety response plan, Purchase College shall make employees aware of their options and available resources and help employees safeguard each other and report domestic violence to designated officials.

a. The designated liaisons between Purchase College and SUNY System Administration are Odile Delgado, Employee Assistance Program Coordinator and Cindy Markus-Jones, University Police Inspector. These liaisons 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 domestic violence:  Kathleen Farrell, Director of Human Resources.

c. Purchase College shall comply and assist with enforcement of all known court Orders of Protection (OP)  [1], particularly orders in which the abuser has been ordered to stay away from the work site. If requested by the victim of domestic violence or law enforcement, the College shall provide information in its possession concerning an alleged violation of an order of protection.

Employees are encouraged to bring their Orders of Protection (OP) to the attention of either the Chief of Police from UPD or the Director of Human Resources.  Once the OP has been brought forward, detail where the document will be kept and who will have access to it, for example, in a locked file cabinet in the HR office, accessible only to the person who initially received it from the employee.  In the case of a workplace emergency requiring the presentation of the OP to law enforcement, if the Chief of Police is unavailable to obtain the document, the Director of Human Resources will have access to the cabinet where the document is locked. 

The Chief of Police will discuss with the employee a plan on how to best proceed to ensure the safest possible work environment for the employee and the rest of the staff. With the permission of the employee, this may include: detail options that may be available in your workplace, for example, providing a copy of the OP and/or photo of perpetrator to security or front desk personnel; discussion of who should be told if there is not security or front desk staff, such as identifying supervisor/colleagues who will be able to assist with the identification of the perpetrator; blocking the subject, perpetrator, of the OP from being entered into the Visitor Management System (VMS); and creating a personal workplace safety plan (see Model Policy Section III f.).  The employee is responsible to notify the Chief of Police if there are any changes to the OP. 

d. Purchase College maintains an emergency security response plan, which includes procedures for contacting University Police and possibly other appropriate law enforcement agencies, and which provides employees with clear instructions about what to do and who to contact if they observe anyone engaging in threatening behavior. 

e. Purchase College will discuss with a known victim of domestic violence the limitations on confidentiality under New York State Law (See Section VII [h]; NYS Agencies Responsibility d – g).

f. As part of an emergency security response plan,Purchase College shall take actions to assist in mitigating reoccurrence of domestic violence in an effort to protect all employees including the victim.  These actions may include, but are not limited to, advising 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 to a secure area; options for voluntary transfer or permanent relocation to a new work site; change of work schedule, reassignment of parking space; escort for entry to and exit from the building; responding to telephone, fax, e-mail or mail harassment; and keeping a photograph of the abuser and/or a copy of any existing court orders of protection in a confidential on-site location and providing copies to University Police. Purchase College will address any additional concerns raised by a situation in which both the victim and offender are employed by Purchase College.

g. This policy shall be reviewed annually.  Any substantive policy revisions and updates shall be forwarded to OPDV.

IV. Accountability for Employees Who Are Offenders

Purchase College will hold employees accountable for engaging in the following behavior: (1) using state resources to commit an act of domestic violence; (2) committing an act of domestic 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 victims and/or assist perpetrators in locating a victim and/or in perpetrating an act of domestic violence.

a. In cases in which Purchase College 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 Purchase College has verification that an employee is responsible for a domestic violence-related offense, or is the subject of any order of protection, including temporary, final or out-of-state order, as a result of domestic violence, and said employee has job functions that include the authority to take actions that directly impact victims of domestic violence and/or actions that may protect abusers from appropriate consequences for their behavior, Purchase College 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 their job-related authority and/or intentionally uses state resources in order to negatively impact a victim of domestic violence, assist an abuser in locating a victim, assist an abuser in perpetrating acts of domestic violence, or protect an abuser from appropriate consequences for their behavior, said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statutes and regulations.

V. Firearms

Pursuant to New York State and federal law, a person convicted of a domestic 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 a domestic 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 section “V(a)”, 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.

VI. Training

Odile Delgado, Employee Assistance Program Coordinator and Cindy Markus-Jones, University Police Inspector, and all personnel designated to provide support for those in need of assistance shall complete OPDV’s one-day training on Domestic Violence and the Workplace.  All appropriate managers, supervisors, employee assistance professionals, human resources personnel, union and labor representatives and security staff will be encouraged to attend OPDV’s training on Domestic Violence and the Workplace.  Additionally, Purchase College shall make available for staff training on domestic violence and its impact on the workplace using materials provided by OPDV through the campus, OPDV and/or a local domestic violence service provider when scheduling permits. 

VII. Purchase College Responsibility

a. Purchase College believes that domestic violence is behavior that cannot be tolerated and, to that end will, actively provide information and support to employees who are victims of such abuse.

b. Purchase College will disseminate copies of this Domestic Violence and the Workplace Policy to all employees upon implementation and to all new employees upon hiring or appointment.

c. Purchase College encourages all employees to review and follow this policy and the procedures set forth herein.

d. Purchase College will, consistent with applicable law and campus policy, document all incidents of domestic 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 “g” detailed below.

e. All Purchase College employees providing domestic violence information and support services shall document, consistent with applicable law and agency policy, the number of employees who report domestic 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 g 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.

f. The designated liaison to System Administration shall, consistent with applicable law and Purchase College policy, provide information about the number and general nature of domestic violence incidents that happen in the workplace, the number of employees who report domestic 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.

g. Information related to an employee being a victim of domestic violence shall be kept confidential, to the extent permitted by law and campus policy, and shall not be divulged without the written consent of the victimized employee, unless the campus determines that maintaining said confidentiality puts the victim 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 or other employees at risk of physical harm, only those individuals deemed necessary by the campus to protect the safety of the victim and/or other employees or to enforce an order of protection shall be given such information.  Purchase College shall disclose only the minimum amount of information necessary to protect the safety of the victim and/or other employees or enforce an order of protection.  Where possible, Purchase College will provide to the victim of domestic violence notice of the intent to provide information to other employees and/or safety personnel.  Nothing herein shall prevent Purchase College from investigating an act or acts of domestic violence occurring in the workplace.   Some examples of situations where confidentiality cannot be maintained include the following:

1. Supervisors/managers may be informed about a domestic violence incident that happens in the workplace, or a report of domestic 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 a domestic violence incident that happens in the workplace or a report of domestic violence, if it is necessary to protect the safety of the employee or the employee’s co-workers.
3. Government officials investigating a domestic violence incident that occurs in the workplace, or a report of domestic violence, shall be provided relevant information upon request and in accordance with legal requirements.

h. 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 VII, paragraph g 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 of domestic 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. 

APPENDIX

Information to be Included in Campus Posting Regarding Domestic Violence and the Workplace

At a minimum, the following information shall be provided to current employees and new employees and included in poster posted in areas where employment information is ordinarily posted:

a. Information regarding domestic violence and available resources in the work site.  Such information shall include available sources of assistance such as Employee Assistance Program, local domestic violence service providers, the NYS Domestic Violence and Sexual Assault hotline, and/or human resources personnel who are trained and available to serve as confidential sources of information, support, and referral.  Additionally, the poster may include information regarding domestic violence programs located on the OPDV website. 

b. A statement informing employees that New York State law prohibits insurance companies and health maintenance organizations from discriminating against domestic violence victims or designation of domestic violence as a pre-existing condition [§2612 of the Insurance Law].

Additionally, Purchase College shall integrate information on domestic violence and this domestic violence and the workplace policy into existing materials and literature, policies, protocols, and procedures, including the Public Employer Workplace Violence Prevention Programs  [2] as appropriate.

Available Resources Regarding Domestic Violence:

NYS Domestic and Sexual Violence Hotline – 24 hour Hotline
English, Spanish and Multi-language 1-800-942-6906, Dial 711 for deaf or hard of hearing
In New York City: 1-800-621-HOPE (4673) or Dial 311, TTY: 1-866-604-5350

You can also send a text to (844) 997-2121, or Chat privately with a DV/SA Advocate on a  secure website - Click here to access the Chat Portal. 

New York State Child Abuse Hotline
1-800-342-3720, TDD/TTY - 1-800-638-5163

National Domestic Violence Abuse Hotline
1-800-799-SAFE (7233), TTY: 1-800-787-3224

Westchester County Resources

My Sisters’ Place
1-800-298-SAFE (7233) – 24 hour Hotline
914-683-1333 (White Plains)
914-358-0333 (Yonkers)

Hope’s Door
1-888-438-8700 – Shelter 24 hour Hotline

Westchester County Office for Women (Mon – Fri 9am-5pm)
914-995-5972, 914-995-6581 – Spanish (White Plains)
914-231-2882 – Spanish (Yonkers)
After hours / weekends - 914-995-2099

Family Justice Center
For help with child care & child support
914-995-3100

Victims Assistance Services
914-345-3113

Victims Justice Center (Mon – Fri 9am-5pm)
Victim advocate to accompany to court
914-995-3300, Spanish: 914-995-3447
Identity Theft: 914-995-0002

NYS Office for the Prevention of Domestic Violence
Alfred E. Smith Building
80 South Swan Street, 11^th floor, rm.1157
Albany, NY 12210
518-457-5800
1-800-942-6906 – English, Spanish and Multi-language                                                                                       

Rev. SUNY Model Domestic Violence and the Workplace Policy: October 2017

  [1] Purchase College shall 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.  If requested by the victim of domestic violence or law enforcement, the agency shall provide information in its possession concerning an alleged violation of an order of protection.

  [2] 1 12 NYCRR pt.800.16 Public Employer Workplace Violence Prevention Programs

Revised 11-2022

About Executive Order 161

To view the Executive Order, please click on the following website link.

New York State Executive Order 161 - Ensuring Pay Equity by State Employers

Equal Employment Opportunity is THE LAW

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN

Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITY

Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect
qualified individuals from discrimination on the basis of disability in hiring, promotion,
discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

AGE

The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES)

In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICS

Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

RETALIATION

All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED

There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected:

The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available on the U.S Equal Employment Opportunity Commission website. 

Employers Holding Federal Contracts or Subcontracts

Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN

Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIES

Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take
affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED,
AND ARMED FORCES SERVICE MEDAL VETERANS

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATION

Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIES

In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discriminations is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial
assistance. 

INDIVIDUALS WITH DISABILITIES

Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. 

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance. 

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement

EEOC-P/E-1 (Revised 11/09)

Below are links to the U.S Department of Labors posters on Equal Employment opportunity. Additional translations can be found on the following U.S. Department of Labor website.

Equal Employment Opportunity is the Law Poster (English)

Equal Employment Opportunity is the Law Poster/La igualdad de Oportunidades de employeo es La Ley póster (Spanish)

Extra Service and Also Receives Compensation Policy

Extra Service Compensation

Extra service for professional staff, both academic and non-academic, at Purchase College is defined in two ways:

1. Work performed by academic and professional staff in a State payroll agency other than the one to which the employee is regularly assigned.
2. Special assignment performed by academic and professional staff at their own campus which is substantially different from an individual’s professional responsibilities. Extra service assignments may be performed on the home campus but must be in addition to and must not interfere with the individual’s regular responsibilities. These assignments may involve, but are not limited to, teaching, research, and public service. Extra service must be closely monitored. It must be clearly demonstrated that any extra service exceeds that which is normally performed under the employee’s regular obligation.

Extra service compensation must not be used in lieu of overtime for employees deemed non-exempt under The Fair Labor Standards Act. Overtime is a continuation of an employee’s normal job responsibilities.

All extra service assignments at Purchase College may only be offered subject to the advance approval of the individual’s immediate supervisor and the appropriate senior College Officer. Written approval for extra service assignments must be obtained prior to the commencement of additional responsibilities. Extra service performed in advance of such approval will not be compensated. The Board of Trustees granted authority for approval of extra service to the Chancellor, who in turn delegated responsibility for action on individual requests for other than M/C employees to the Chief Administrative Officer of each campus. Extra service for M/C employees requires approval of the Chancellor or his designee.

SUNY compensation for extra service is not to exceed an amount equal to 20 percent of base annual salary in any academic or calendar year. For example, a professional staff member earning a salary of $25,000 may not be paid more than $5,000 for extra service during the course of their annual professional obligation. Depending upon the employee’s primary State employment status and the nature of the extra service assignment to be performed, certain approvals must be obtained before this campus, or other State payroll agencies are able to pay individuals for extra service. Contact the Human Resources Office for forms and guidance.

Sponsored research performed during the academic year may compensate a participating faculty or staff member with an adjustment in the professional obligation, but should not normally lead to extra compensation. However, sponsored activities with contractually-obligated end products, conducted during the academic year, may compensate a participating faculty or staff member either with an adjustment in the professional obligation or with extra compensation. Any extra compensation, however, must be approved in advance by the Dean and the Provost, and should be built into the contract and specifically approved by the sponsor, with the appropriate Senior College Officer’s notified of such provision at the time the project is submitted.

For nine and ten-month academic staff, service with compensation may be performed during the summer. Summer session compensation and professional obligation are spelled out in the normal summer session contract. Other assignments and compensation supported either by college, Research Foundation, or Purchase College Foundation funds may be negotiated and must have the approval of a Dean, where appropriate, and the Provost.

Extra Service - Professional Staff

The following policy is applicable to performance of service beyond that normally required by the professional obligation as defined by the individual’s performance program. Extra service for professional staff performed on campus is defined in two ways:

1. Teaching a course may be considered beyond the normal professional responsibility, and thus “extra service” for both part-time and full-time employees when it is:

1. Performed entirely outside of their normal work obligation; and
2. Performed with the departmental approval normally accorded to part-time or adjunct teaching appointments; and
3. Has the approval of the appropriate Senior College Officer or, in the case of M/C staff, of the President in advance of the start of the obligation.
4. M/C staff holding continuing academic appointments may occasionally wish to teach as an extension of their professional responsibilities. Such teaching will normally not be considered “extra service” for the purpose of additional compensation

2. Additional assignments may be considered substantially different from or in addition to an individual’s full-time professional responsibilities when it is:

1. Performed entirely outside of their normal work day; and
2. An assignment that is separate and apart from the employee’s normal obligation and not merely an extension of that normal obligation; and
3. An assignment that goes beyond meeting the normal operational needs of the department, and
4. An assignment that is part-time; and
5. An assignment that is temporary; and
6. Has the approval of the appropriate Officer or, in the case of M/C staff, of the President in advance of the start of the obligation.

Additional assignments may be considered substantially different from or in addition to an individual’s part-time professional responsibilities when it is for a period of time longer than six (6) months. In these cases, the terms of appointment (contract) must be adjusted.

Extra Service - Faculty

The following policy is applicable to performance of service beyond that normally required by the professional obligation. Extra service for faculty performed on campus is defined in two ways:

1. A course may be considered beyond the usual professional responsibility and thus “extra service” when it is:

1. a non-credit course, taught in addition to the regular departmental assignment of credit courses; or
2. beyond the six course equivalent in teaching duties in an academic year for full-time faculty; or
3. less than a full-semester course or part of a full-semester course, taught in addition to the originally contracted responsibilities of a part-time faculty member; or
4. taught by a part-time term faculty and is beyond that faculty member’s established, typical workload. For a part-time temp faculty, a revised contract is required; or
5. private or ensemble music lessons, or
6. summer teaching.

2. Additional non-teaching administrative assignments may be considered extra service when it is:

1. Performed beyond the scope of normal full-time faculty workload obligation of teaching, advising, professional and scholarly development, and campus and community participation; and
2. Has the approval of the appropriate senior College Officer or, in the case of M/C staff, of the President in advance of the start of the obligation.
3. Specific, part-time administrative duties assigned to, and voluntarily assumed by instructional faculty during the course of the academic year should be compensated first, by an adjustment in the professional obligation, and second, by extra compensation normally not to exceed the prevailing stipend for department chairs.

Extra Service Funded Via a Research Foundation Grant

As with state funded Extra Service, an employee’s Extra Service compensation funded via a Research Foundation grant is subject to the SUNY Policy that states that compensation for Extra Service is not to exceed an amount equal to twenty (20) percent of an employee’s base annual salary in a fiscal (calendar) year beginning July 1 or academic year beginning September 1, as appropriate.

Also Receives Compensation

Overview and definition:

Academic and Professional employees may be asked to assume responsibility for additional duties or assignments (typically within their primary department) which may be unrelated to, or independent of, their normal or standard work responsibilities. When such assignments are clearly not part of the employee’s normal work responsibilities, additional compensation may be permitted with appropriate prior written approvals as outlined in the Approval Process section. The State University of New York may compensate annually paid professional employees an amount in additional to basic annual salary through use of the Also Receives (ALR) payment code for such assignments. There are generally three main types of situations where this payment mechanism would be appropriate for use:

1. Work that is in addition to, and substantially increases or expands the scope of the employee’s normal professional responsibilities, but that may be completed during their regular professional obligation (although additional work hours may be necessary). The assignment is usually limited in nature or may be aligned with a responsibility where the additional compensation will end when the assignment and/or funding ends. Examples are:

1. Taking on additional (typically higher level) assignments for a limited time in the case of employee turnover or leave of absence (for example, the Director of Student Accounts leaves and the Assistant Director is asked to take on some or all of those duties while a search is being performed).
2. Performing additional assignments that substantially increase or expand the scope of the employee’s responsibilities, are often anticipated to be temporary in nature or for a specific project, and will conclude when the assignment and/or funding ends (for example, a faculty member having additional duties in an administrative role during a program review or an employee’s scope of responsibility being substantially increased due to a long-term absence of a co-worker with similar responsibilities).
3. Performing ongoing work or providing availability outside of typical business hours that would end if the work schedule or operational need to be available changes or is ended.

The amount of an ALR paid for the above situations should be a maximum of 20% of the employee’s total salary on an annual basis. This is consistent with policies in place for Extra Service, which also has a maximum of 20% of the employee’s total salary on an annual basis. Providing an employee with an ALR does not preclude an employee from receiving other forms of additional compensation where appropriate.

It should be noted that ALR is separate and distinct from the payment of Extra Service as the assignment for which ALR is compensated may be completed during the employee’s normal obligation (for example, serving as the interim Director of Student Accounts), although additional work hours may be necessary. An ALR assignment is generally not easily quantifiable from a time perspective or tied to a set schedule. Extra Service is applicable to performance of service outside the typical workday and/or beyond that normally required by the professional obligation as defined by the individual’s performance program or established faculty workload (example, a full-time faculty member teaching an additional class). Extra Service is generally quantifiable or tied to a set schedule/number of additional hours.

Exceptions to ALR amounts in excess of 20% must be requested in writing from the campus President and must be sent to the Office of University-wide Human Resources for approval. The request must include an outline of the additional duties, a justification for the additional amount, and the expected duration (which, unless there is a specified time provided in the appointment letter, should be no more than 6 months and then renewed by the campus if justified).

2. Clinical Support: This section is applicable to the clinical faculty of a school of medicine or dentistry in a State University Health Sciences Center or Academic Medical Center or College of Optometry (collectively referred to hereafter as AMC).

1. Additional compensation provided to attract and retain highly qualified AMC clinical faculty to continue building, growing, and enhancing the core missions of the AMCs: clinical practice services, education, and research. The total compensation (regardless of source) for all services rendered by the clinical faculty (i.e. clinical, administrative, teaching and research), inclusive of any proposed additional compensation, shall be consistent with “fair market value” as stated in the federal Stark and Anti-kickback statutes. The proposed additional compensation must serve to further the AMC’s missions and shall not be based on the volume or value of referrals to, nor on the volume or value of, any other patient-related business generated for the AMC’s or any affiliated entities.
2. Additional compensation related to arrangements with other external healthcare facilities in which funds are passed through the AMC’s to clinical faculty members. The additional compensation would end or change as the agreements/arrangements with the healthcare facilities end or change.
3. These payments are typically made upon hire of a new clinical faculty member and the related services for which the ALR is being paid should be included as part of the appointment letter.
4. The 20% limitation for ALR does not apply to Clinical Support.

3. Transition Allowance: Where an interim or acting president has been appointed by the Board of Trustees and has moved onto or near campus to conduct the business of that campus, or a senior officer has been hired in a newly appointed position, the University may provide an additional or alternate housing or transition allowance of up to $3,000 per month for up to 12 months, but should be reviewed every 3 months.

Approval Process:

The ALR approval process should begin with a review of the proposed assignment by the employee’s supervisor against the current performance program or established faculty workload to ensure the proposed assignment is not duplicative, is in addition to, and substantially increases or expands the scope of the employee’s normal professional responsibilities, and will not interfere with the employee’s current responsibilities.

Written approval must be obtained prior to the start of the assignment and work performed in advance of such approvals will not be compensated, unless the campus specifically makes a determination to compensate an employee retroactively for justifiable reasons such as the duties being assumed suddenly where it was not feasible to obtain the appropriate approvals in advance or a delay in funding if the ALR is related to outside income. Justification must be documented for assignments beginning prior to completion of proper approvals.

The campus must have a documented process for review and approval of the following information which should be included on an ALR specific form or incorporated into an existing campus form:

1. A detailed explanation of the additional assignment that will be performed, how it is in addition to, and substantially increases or expands the scope of the employee’s normal professional responsibilities, and how it will be completed during the normal obligation. For Clinical Support, the types and value of the services being performed (together with applicable market data) or the arrangement with other healthcare facilities should be provided.
2. Justification for the ALR compensation amount in consultation with the campus Office of Human Resources.
3. The anticipated beginning and ending dates of the assignment. If the amount is for additional assignments related to a vacancy, the ALR should end when the vacant position is filled.
4. If an end date is not specified, the amount must be reviewed and renewed at a minimum on a 6-month basis for non-clinical ALRs and on an annual basis for clinical support ALRs to ensure that assignment is still being done and if the amount of compensation is still appropriate.
5. Upon approval by the employee’s direct supervisor or department chair, additional approvals from the appropriate campus staff including department head, human resources, budget, and campus management or executive leadership (e.g. Vice President) must be obtained.
6. The approved ALR compensation should be entered into the SUNY HR system using the appropriate beginning and ending dates.

Ongoing Monitoring:

1. The employee’s supervisor, Human Resources, and/or Payroll departments must monitor the ALR on an ongoing basis, but not less than every 6 months for non-clinical ALRs and annually for clinical support ALRs (unless there is a specific time provided in the appointment letter such as two years), to determine continued appropriateness of the ALR and the need for renewal.
2. A formally documented renewal should be completed when the ALR is expected to continue past the end date. The renewal should provide an explanation for the continuation along with an assertion that the work has been performed in a satisfactory manner. Any supporting documentation should be included with the form when it is sent to Human Resources for processing.
3. If the assignment for which an ALR is being paid is determined to be an ongoing and permanent part of the employee’s responsibilities, the ALR must be discontinued and the employee should be given an appropriate base salary increase commensurate with the duties.
4. Clinical Support oversight and monitoring should include a periodic fair market value analysis to ensure that any continued ALR compensation is based on fair market value, an annual review verifying that the services are still being performed, and the AMC still needs these services. Clinical support provided to external healthcare facilities must also be reviewed and monitored on a periodic basis to ensure the work is being completed and to ensure the amount paid by the external healthcare facilities represents fair market value.
5. Campuses should have a documented process which incorporates the above monitoring procedures.

Notification to Employees:

Employees should receive an official notification of the amount of the ALR, whether in the initial appointment letter or by separate communication. The letter must state the amount of the ALR, the initial effective date and the specific circumstances by which the ALR will end (which may be a specific date or the elimination of the duties). If the ALR is renewed, an additional communication should be sent to the employee, stating the amount and the terms.

Also Receives compensation awards for M/C employees require additional approval by SUNY and therefore may result in a payment delay.

Changes in an Employees Extra Service or Also Receives Assignment

It is the responsibility of the department that processed the Extra Service/Also Receives request to immediately notify Human Resources of any changes to an employee’s assignment (i.e. change in days, hours, work assignment location/area), or if the assignment ceases before the effective end date listed on the PAF. All notifications must be sent via email to: Ricardo.espinales@purchase.edu and Paula-rankine.belgrave@purchase.edu

These amendments were made to insure our continued compliance with SUNY’s Extra Service and Also Receives Policy and Procedures and the policies outlined by the Office of the State Comptroller and SUNY System Administration.

REVISED 6/4/2021

Extra Service and Also Receives Compensation Processing Procedures

1. EXTRA SERVICE COMPENSATION

All requests for Extra Service (ES) compensation must have the following documentation attached to a Personnel Action Form (PAF):

• Letter of Justification for Extra Service
• UP-8 Form - Request for Approval of Extra Service for SUNY Professional Service Unit Employees (NU08), or
• UP-6 Form* – Request for Approval of Extra Service for M/C Employees

*Extra Service compensation awards for M/C employees require additional approval by SUNY and therefore may result in a payment delay.

All forms may be downloaded from the Purchase College HR Forms website.

Extra Service should only be used for an employee when the work to be performed by the employee is:

1) performed entirely outside an employee’s normal work day/shift                                        2) substantially different from an individual’s professional work obligation as defined by the employee’s performance program, and                                                                                  3) must not interfere with the employee’s regular responsibilities.

Additionally, SUNY Policy states that compensation for Extra Service is not to exceed an amount equal to twenty (20) percent of an employee’s base annual salary in a fiscal (calendar) year beginning July 1 or academic year beginning September 1, as appropriate.

Note: In those situations where the work to be performed will be performed during an employee’s normal work day/shift, please refer to the “Also Receives” section of this memo.

The Letter of Justification should include the following information:

• A brief description of the current duties performed by the employee to fulfill their state paid professional obligation, including identification of their regular work schedule (days and hours worked) and current teaching obligation (course # and title, scheduled contact hours/week and credits) (if applicable)
• A brief description of the duties to be performed as part of the proposed ES assignment, including identification of the Extra Service work schedule (days and hours to be worked). The description must clearly show that the Extra Service assignment is separate and distinct from the work performed as part of the employee’s normal professional obligation.
• The department head/supervisor requesting the ES assignment (not the employee performing the ES assignment) must initiate and sign (at the top) the letter of justification.
• The letter of justification must be endorsed (at the bottom) by the employee’s immediate supervisor (not the employee performing the ES assignment).

Personnel Action Form (PAF)

The PAF must indicate the total budgeted amount of Extra Service anticipated to be spent for the entire extra service period as well as the per hour rate. Note: The total budgeted amount must correspond with the submitted schedule for Extra Service work hours to be performed as described in the Letter of Justification. If the employee will be performing new or additional teaching responsibilities, the teaching workload must be identified in the PAF/Courses section.

Extra Service Processing Procedures

Requests for Extra Service compensation should be initiated by the requesting department at least four (4) weeks prior to the performance of Extra Service. However, it is recognized that it is not always possible to submit the Extra Service request within the four week timeframe. In emergent situations where an employee is required to begin an Extra Service assignment sooner, please contact Human Resources for assistance in expediting the approval process.

It should be noted that professional staff cannot receive extra service compensation during their normal professional work obligation period. For example, an employee working during the College’s normal operating hours, Monday through Friday may not receive extra service to teach a course or perform another job function during those days and hours. If the employee were to teach a course or perform another job function during those days and hours, it would be deemed to be double pay for the same hours.

Please note that an employee may only begin working their Extra Service assignment once the PAF has received final approval. Subsequently, in accordance with SUNY Policy, Purchase College may not compensate employees for Extra Service performed prior to departments receiving approval from Human Resources.

Extra Service Payroll Voucher

Faculty/Staff Paid a Predetermined Amount of Compensation

Faculty and staff assigned additional teaching/instructional or non-teaching administrative responsibilities during the academic or calendar year, who are to receive a predetermined amount of compensation during the semester, will not have to submit an Extra Service Payroll Voucher to Human Resources for payment of services rendered under Extra Service.

It is strongly advised that the department submitting a request for Extra Service use and maintain the Extra Service Payroll Voucher as a work-log and supporting documentation for the extra service assignment. The voucher should include the days and times worked and employee’s and supervisor’s signature. The Extra Service Payroll Voucher should be attached to a copy of the Extra Service request (PAF, UP-8 or UP-6, Letter of Justification) and filed in a central departmental file. Since the college is subject to audits by SUNY and OSC, the college may be asked to provide additional evidence that an employee’s extra service assignment was completed, such as a work log, supervisor attestation, or similar supporting documentation. It is the responsibility of the department overseeing the Extra Service work to maintain this supporting documentation

Faculty and Staff paid on an Hourly Basis

Faculty and Staff assigned additional teaching/instructional or non-teaching administrative responsibilities during the academic or calendar year, who are to be paid on an hourly basis, are required to submit an Extra Service Payroll Voucher to Human Resources on a biweekly basis for payment of services rendered under Extra Service.

Extra Service compensation awards will not be made unless Human Resources has received the Extra Service Payroll Voucher

Submission of an Extra Service Payroll Voucher

Extra Service Payroll Vouchers will only be accepted after the request for Extra Service has been approved by Human Resources. All vouchers must include the following information:

• Name of Employee
• Last four (4) digits of a Social Security Number
• Department Authorizing Extra Service Claim
• Extra Service Position Title
• Extra Service Begin and End Date
• All actual hours and days worked for the month
• Grand Total of Hours worked for the month
• Encumbrance Summary section

2. ALSO RECEIVES COMPENSATION

All requests for Also Receives (AR) compensation must have the following documentation attached to a Personnel Action Form (PAF):

• Letter of Justification for Also Receives

Also Receives Compensation should be used when the work to be performed by the employee is:

1. Work that is in addition to, and substantially increases or expands the scope of the employee’s normal professional responsibilities, but that may be completed during their regular professional obligation (although additional work hours may be necessary). The assignment is usually limited in nature or may be aligned with a responsibility where the additional compensation will end when the assignment and/or funding ends
2. Clinical Support: This section is applicable to the clinical faculty of a school of medicine or dentistry in a State University Health Sciences Center or Academic Medical Center or College of Optometry
3. Transition Allowance: Where an interim or acting president has been appointed by the Board of Trustees and has moved onto or near campus to conduct the business of that campus, or a senior officer has been hired in a newly appointed position, the University may provide an additional or alternate housing or transition allowance of up to $3,000 per month for up to 12 months, but should be reviewed every 3 months.

For an assignment expected to be greater than one year, contact Human Resources to review the assignment. Additionally, Also Receives compensation may not be used for employees who are paid on an hourly, fixed rate or biweekly basis. As with Extra Service, employees may only earn up to twenty percent (20%) of their base annual salary within the calendar or academic year as appropriate.

Also Receives compensation awards for M/C employees require additional approval by SUNY and therefore may result in a payment delay.

The Also Receives letter of justification should include the following information:

• A brief description of the current duties performed by the employee to fulfill their state paid professional obligation, including identification of their regular work schedule (days and hours worked) and current teaching obligation (course # and title, scheduled contact hours/week and credits) (if applicable), and
• A brief description of the duties to be performed as part of the proposed Also Receives assignment. The description must clearly delineate that the proposed Also Receives assignment is a temporary assignment (state period of assignment) and is in addition to the work performed as part of the employee’s normal professional obligation.
• The department head/supervisor requesting the AR assignment (not the employee performing the AR assignment) must initiate and sign (at the top) the letter of justification.
• Additional justification must be provided if the work is to continue an employee’s ARs assignment, and assertion that the work has been performed in a satisfactory manner
• Additional justification must be provided for assignments that began prior to attaining proper approvals
• The letter of justification must be endorsed (at the bottom) by the employee’s immediate supervisor (not the employee performing the AR assignment).

Personnel Action Form (PAF)

The PAF must indicate the total budgeted amount of Also Receives anticipated to be spent for the entire period and the effective dates of service. If the employee will be performing new or additional teaching responsibilities, the teaching workload must be identified in the PAF/Courses section.

Also Receives Processing Procedures

Requests for Also Receives compensation should be initiated by the requesting department at least four (4) weeks prior to the performance of services. However, it is recognized that it is not always possible to submit the Also Receives request within the four week timeframe. In emergent situations where an employee is required to begin performing services sooner, please contact Human Resources for assistance in expediting the approval process.

Compensation for Also Receives services performed prior to departments receiving notification from Human Resources will not be processed.

Payment of Also Receives

Once an Also Receives request has been endorsed by Human Resources, payment will be set up that corresponds to the effective dates of service.

3. Extra Service Funded Via a Research Foundation Grant

As with state funded Extra Service, an employee’s Extra Service compensation funded via a Research Foundation grant is subject to the SUNY Policy that states that compensation for Extra Service is not to exceed an amount equal to twenty (20) percent of an employee’s base annual salary in a fiscal (calendar) year beginning July 1 or academic year beginning September 1, as appropriate.

4. Changes in an Employee’s Extra Service or Also Receives Assignment

It is the responsibility of the department that processed the Extra Service/Also Receives request to immediately notify Human Resources of any changes to an employee’s assignment (i.e. change in days, hours, work assignment location/area), or if the assignment ceases before the effective end date listed on the PAF. All notifications must be sent via email to: Ricardo.espinales@purchase.edu AND paula-rankine.belgrave@purchase.edu.

These amendments were made to insure our continued compliance with SUNY’s Extra Service and Also Receives Policy and Procedures and the policies outlined by the Office of the State Comptroller and SUNY System Administration.

Family Medical Leave Act

The Family Medical Leave Act (FMLA) allows employees up to twelve (12) weeks job-protected leave for certain family and medical reasons. Employees are eligible if they:

• work for a covered employer;
• have worked for the employer for a total of 12 months;
• have worked at least 1,250 hours over the previous twelve (12) months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Leave may be requested under the Family Medical Leave Act for the following reasons:

• to care for the employee’s child after birth, or placement for adoption or foster care;
• to care for the employee’s spouse, child or parent who has a serious health condition;
• for a serious health condition that makes the employee unable to perform their job;
• for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty as a member of the National Guard in support of a contingency operation.

FMLA Military Family Leave Entitlements allows an eligible employee who is a spouse, son, daughter, parent or next of kin of current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of 26 work weeks of unpaid leave during a “single 12-month period” to care for a service member.

An employee is required to provide at least thirty (30) days advance notice and medical documentation for foreseeable leave including planned medical treatment for a serious injury or illness of a covered service member unless not practical.

If you have any questions, please contact Noemi Spaziante, Benefits Coordinator at (914) 251-6448.

Professional Staff Salary Increases & Promotions

Definitions:

Promotion shall mean an increase in a professional staff member’s basic annual salary accompanied by movement to a higher salary level with a change in title. The two distinct routes for such promotions are: 

• Vacancy Promotions: Movement to another position, either within the Department or on the campus, of greater scope and complexity resulting in a permanent and significant increase or change in the employee’s duties and responsibilities; or
• Reclassification Promotions:  Reclassification of the employee’s existing title to a higher grade as a result of a permanent increase in the scope and complexity of function of the employee’s position.

Salary increases are increases in a professional staff member’s base annual salary associated with such employee’s defined period of professional obligation. Six types of salary increases are common for professional staff within SUNY. They include:

• Across-the-board increases negotiated for all employees in the professional services negotiating unit that are usually calculated as a percentage of the employee’s current salary.
• Discretionary increases from a pool of monies provided by the Chancellor/System Administration for management titles, or as a result of negotiations between the State and the professional services negotiating unit, for other professional staff titles, awarded (usually on the basis of merit and traditionally, also on the basis of inequity) in accordance with locally developed discretionary salary increase guidelines (see page 8 of this report, Specific DSI Guidelines). 
• Promotional increases funded out of the College’s operating budget for promotions as defined and approved in accordance with these procedures. 
• Market value based increases, funded out of the College’s operating budget for employees in critical fields where demand has caused significant increases in the market value of their specialization to the extent that we need to meet that demand to maintain their services and morale.
• Expanding workload increases, funded out of the College’s operating budget for employees who, over time, have had their duties and responsibilities increased significantly enough to be recognized by an “in title” salary adjustment.
• Inequity increases, funded out of the College’s operating budget, for employees whose performance evaluations are consistently high and whose salaries are below an average range paid to peers having comparable performance requirements and years of service at Purchase College, within SUNY, and/or at other comparable institutions of higher education as reflected in College, SUNY, and/or national salary surveys.

Procedures for Vacancy Promotions:

Hiring departments that have vacancies as a result of turnover, promotion or a newly created position must adhere to the following hiring procedures: 

Hiring departments will prepare and submit a Recruitment Authorization Form (RAF) to begin the recruitment process. Once the RAF has been approved by all signatories, the vacancy will be posted on the College’s job vacancy website for thirty (30) days. During the 30 day posting period all applicants (internal and external) have the opportunity to apply online for the vacancy. At the end of the 30 day posting period the Affirmative Action Officer will provide electronic access to the Search Committee to all the online applications that have been submitted for the specific vacancy. The search committee is encouraged to interview all qualified internal applicants who meet the qualifications for the job posting.

If at the end of the search committees interview process an internal applicant is chosen and approved to be hired against the job vacancy, the hiring department will prepare a Personnel Action Form (PAF) to effect the hire. 

Procedures for Reclassification Promotions and Salary Increases:

In the cases of promotional reclassifications and salary increases, the following procedures will be followed. Proposals requesting reclassification promotions or salary increases may by submitted by employees or their supervisors for review by the appropriate senior College Officer. Those recommendations receiving approval from the senior Officer will be forwarded, with identification of the funding source and approval of the Budget Office, to the Human Resources Office for analysis. Upon completion of this analysis, the Human Resources Office will forward the entire packet including a summary of the analysis to the President. Following presidential review and, if required, a review by the Budget Office, the President will notify the Human Resources Office of approval/disapproval. If approved by the President, the Human Resources Office will advise the appropriate Officer of the approval, provide an appropriate effective date, and request the preparation and submission of the Personnel Action form. If disapproved by the President, the Human Resources Office will advise the appropriate Officer of the decision. The employee will also be notified by the Office of Human Resources via the returned Request for Promotion form, which will be accompanied by a Request for Review form.

Reclassification promotion and salary increase proposals must include the following documentation:

• a copy of the employee’s current performance program or job description. Expanded workload proposals require that all performance programs prepared since the last salary increase granted for any reason other than across-the-board or merit be included in the review.
• a copy of the proposed new performance program or job description in which the changes in duties and responsibilities are clearly highlighted
• an organizational chart for the professional staff member’s area which includes titles, salary grades, and salaries of all positions at, or above, the level of the position in question, as well as all positions directly subordinate to the position
• a written statement that addresses the following
  • The impact of the new duties (i.e. does the change constitute a new position or function; do the changes clearly constitute an increase in duties and/or responsibilities; or is the employee being relieved of other former responsibilities at the same time? If other duties and responsibilities are being removed, how will they be accomplished in the future, if necessary, and what will they cost, etc.?).
  • The impact of such an approval upon professional staff throughout the College (i.e., will the increase in duties and responsibilities be obvious to them? Will it generate similar requests?).

All promotions will be accompanied by a salary increase funded from the College’s operating budget, which will result in a new salary that is not less than the minimum of the salary level for the new title.

  Guidelines for Extraordinary Weather Conditions

STATE POLICY

It is State policy not to close State facilities, offices, or operations as a result of extraordinary weather conditions. In all such circumstances, offices are considered open for business.

Notwithstanding the above stated policy, it is understandable that in certain extraordinary situations it may not be possible for employees to get to work. This could be due to impassable roads, declaration of a State of emergency by a governmental official, etc. (NOTE: A declaration of emergency, even by the Governor, does not automatically mean closure of State offices. If there were to be closure of State offices in such a situation, that determination would result from a separate action by the Governor.) Certainly, employees as citizens are expected to abide by civil authority. Nevertheless, even in such situations, absence is the employee’s responsibility and employees will be expected to charge their absence to accumulated vacation, personal, or overtime compensatory leave accruals.

There may be rare instances where a State office, facility, or operations must be closed. It is possible that this might occur prior to the commencement of the business day or during the business day, requiring Directed Early Departure. While agency management and/or appropriate emergency personnel may direct an “emergency evacuation” of a State facility due to building safety conditions, individual appointing authorities do not have the authority to close an office or facility or send employees home without charge to leave accruals. Offices or facilities may only be closed by order of the Governor.

It should be noted that even when closures occur, employees performing essential services are expected to report to work in emergencies as part of their job responsibilities related to the emergency itself, and/or for the care and custody of clients in hospitals and facilities. Agencies are reminded that offices should not be closed solely due to weather conditions; offices should remain open for those employees who are able to report to work.

Purchase College Policy

The official Purchase College policy on extraordinary weather requires that normal operations be continued as much as possible. Essential College services include:

• Heating / Plumbing
• Electrical
• Custodial
• Automotive
• Grounds
• Residential Facilities Management
• Maintenance Trades
• University Police
• Residence Life
• Food Services
• Health Services
• Library
• Gym

Services must be maintained throughout severe weather events. College employees working in these areas should remain on duty or report to work to avoid interruption of these essential services, unless directed or permitted to do otherwise by their supervisors.

The Purchase College President (or designee) has the authority to take the following actions:

1. Cancel classes: When this decision has been made, absences of professional employees, librarians and management confidential employees on such days must be credited against compensatory time or vacation accruals. Full-time classified employees are provided with five (5) personal days annually to be used for personal business, religious observance or emergency weather situations. Absences due to inclement weather should be so charged. (the inclement weather option should only be used in the Time and Attendance System (TAS) when the Governor has closed the campus). Professional employees, librarians, and MC employees should first charge such absences against vacation or holiday compensatory time, or other compensatory time.
2. Excuse reasonable tardiness: This action is permitted without charge to leave credits when extraordinary weather conditions affect the arrival time of a significant number of employees. Full day absences, however, can never be excused without charge to leave credits or payroll adjustments.
3. Direct the early departure of employees: This action is permitted, without charge to leave accruals or payroll adjustments, when in the opinion of the Campus President and the Governor’s Office of Employee Relations (GOER) the weather is severe enough to make travel dangerous. This may be enacted in only the most extreme situations.
4. Authorize early departure of employees: The College President may authorize this action with appropriate charge to leave accruals or payroll adjustments when weather conditions make transportation dangerous.

ESSENTIAL PURCHASE COLLEGE SERVICES

The schedules for essential college services during a weather emergency are as follows:

• Food Services
• Health Services
• Residence Life

All will maintain normal operating hours.

Library

Early Dismissals

• Monday - Thursday - Close at 8:00 pm
• Friday - Close at 3:00 pm
• Saturday - Close at 5:00 pm
• Sunday - Close at 8:00 pm 

All Day Closures

• Monday-Thursday - 10:30 am to 8:00 pm
• Friday - 10:30 am to 5:00 pm
• Saturday - 12:00 pm to 5:00 pm
• Sunday - 1:00 pm to 8:00 pm 

Delayed Openings     

• Monday to Friday - Open at 10:30 am - The Library will close at its regular closing time
• Saturday and Sunday - regular hours

Circulation services will be available.  Other services may be curtailed.

During inter-sessions, the Library may close earlier than its normal inter-session hours.

Gym

Gym Hours

• Monday-Thursday - 10:00 am to 9:00 pm
• Friday - 10:00 am to 8:00 pm
• Saturday & Sunday - 1:00 pm to 5:00 pm

Pool Hours

• Monday-Thursday - Noon to 2:00 pm & 7:00 pm - 9:00 pm
• Friday - Noon to 2:00 pm
• Saturday & Sunday - 1:00 pm to 5:00 pm

IMPLEMENTATION OF PURCHASE COLLEGE POLICY

The Provost and Emergency Response Team are responsible for monitoring weather reports and weather conditions for the College. In the performance of these duties, they will consult with the United States Weather Service, State, local and county policy and the College’s Director of Facilities Management to monitor the effect of storm conditions on transportation to and on the campus.

The Provost and / or Emergency Response Team will contact the other senior College Officers to discuss whether the reports indicate that weather conditions will probably severely disrupt transportation and warrant administrative action. To be considered is the impact of the weather on classes as well as any scheduled events. Whenever possible, information on scheduled events should be communicated by the Deans, Chairs and Directors to their senior College Officer by close of business the day before the anticipated weather event.

The Officers will make a decision. The decision may be one or some combination of the four options outlined in the Purchase College Policy.

Communication to the College community will be made as follows:

• Updates on the Weather Emergency Hotline (914-251-7500) & Portal page will take place by 5:30AM for day classes and college business hours. Postings will take place by 2:30PM for evening classes.
• Rave Alert System - which allows us to send the entire community emergency notifications via phone, text and email. Text messages will now be included for weather related campus-wide delays and cancelations. The text will be from 78015.

If classes are cancelled after the beginning of the instructional day, the announcement will be communicated to the campus via broadcast email.

If supervisors receive requests from employees for approval of early departures because the employees are concerned about the effects of weather on travel but the weather has not been deemed severe enough to justify authorized departures, the supervisors should not deny such requests as unreasonable - keeping in mind the maintenance of campus essential services. As mentioned, however, early departures requested by employees and approved by supervisors, require appropriate charges to leave accruals or payroll adjustments. (Payroll adjustments will only be made in cases where there are no appropriate accruals to charge.)

If the President determines that an authorized early departure is warranted, they will so advise the other Vice Presidents and the Provost. Those officers will then notify all supervisory personnel in their areas to begin directing employees not required for essential services to leave work. Employees should not leave their work locations until directed to do so by their supervisors. As previously stated, authorized absences must be charged to leave accruals.

If the President and the Governor’s Office of Employee Relations determine that a directed early departure is warranted, the President will notify the College Officers and the Chief Human Resources Officer. The Chief Human Resources Officer will notify all employees via campus wide broadcast. Employees should not leave their work locations until directed to do so by their supervisors. As previously stated, directed absences will be without charge to leave accruals.

* In the event of a major storm, an operations center will be established in the University Police Office in accordance with the College’s Emergency Response Plan. Emergency situations and response to such emergencies will be monitored and coordinated from this center.

updated 2/11/2022

HONORARIUM PAYMENTS

An Honorarium is a payment to an individual for a presentation-oriented, guest lecture or invitational event (“usual academic activities”), which include lecturing, teaching, and sharing knowledge of performance (when audience composed on non-paying students and/or is open to the public free of charge).

• If the individual is a Foreign National (FN), make sure that the FN has the appropriate visa that allows such a payment

Honorarium Rule (“9/5/6 Rule”)

Foreign nationals in B-1, B-2, H1-B, Visa Waiver Program (WB and WT) status may accept an honorarium and/or reimbursement of travel expenses under the following conditions:

• For “usual academic activity or activities”
• Nine (9) days or less at any single institution
• The individual has accepted such payment from no more than five (5) institutions
• In the previous six (6) month period

Who is Eligible to Receive Honorarium Payments?

• B-1 or B-2 visa holders
• VWB or VWT: cannot enter the U.S. on B-2 or VWT for the activity, only if already in the U.S.
• J-1 Scholars for occasional lecture if permitted by sponsoring institution
• H-1B, E-3, TN, and O-1 visa holders ONLY if sponsored by host institution. These individuals can only receive reimbursement for travel or incidental expenses. Payment would need to run through visa petitioner.

Taxation/Withholding

• Honorarium paid to FN is subject to 30% withholding, unless person can claim a tax treaty benefit. Travel reimbursement is not subject to withholding as it is not income. A FN should obtain an Individual Tax Identification Number (ITIN) for payment purposes (complete IRS W-7). Without an ITIN, a treaty benefit cannot be claimed. 
• What is an ITIN?

Letter of Invitation from Host Institution

• Letter of invitation must be sent to each invited FN who will receive payment for services/expenses, and should contain:
• Detailed description of event
• Date of event
• Amount of any payment to be made
• Whether travel and/or incidental expenses will be reimbursed
• Contact information for the host institution

For any tax questions, including those regarding your ITIN, please visit the following IRS website.

Leave for Blood Donation

Policy:

Section 202-j of the New York State Labor Law provides blood donation leave to employees in New York State.

All employees are entitled to either:

One three-hour unpaid leave of absence per calendar year to donate blood at an off-premises location

OR

Paid leave two times per year to donate blood at a blood drive at your place of employment or at a time and place set by your employer.

You are required to give reasonable notice of the need for a leave for this purpose; the amount of notice required may vary depending on the circumstances. If the donation is made at an off-premises location, you may also be required to furnish the college with documentation of the donation.

You may contact Human Resources (x6090) if you have any questions.

Leave for Cancer Screening

Policy:

Legislation enacted in December 2017 (Chapter 465, Laws of 2017) amended and repealed the Civil Service Law to entitle employees to take up to four hours of paid leave annually for cancer screening. This provision will take effect on March 18, 2018. 

Section 159-b of the Civil Service Law was amended to entitle State officers and employees to paid leave without charge to leave credits for screening of all cancers. Section 159-c of the Civil Service Law which entitled State officers and employees to paid leave without charge to leave credits specifically for prostate cancer was repealed.

The benefit will become available to employees on March 18, 2018 for the remainder of the 2018 calendar year. Beginning January 1, 2019, the benefit will be available for the full calendar year.  Leave for cancer screening is not cumulative and expires at the close of business on the last day of each calendar year.

It should be noted that leave available under the current provisions of Section 159-b and 159-c of the Civil Service Law remain in effect until March 17, 2018.

Employees who charge leave credits for cancer screening on or after March 18, 2018 are entitled, upon submission of satisfactory documentation that the employee’s absence was for purposes of cancer screening, to paid leave for such absence and to have credits used for that purpose restored.

The medical documentation must be submitted to Human Resources to substantiate that the absence was for the purpose of cancer screening.  Failure to provide appropriate documentation will result in the employee having to charge their accruals.  A cancer screening leave form is available on the Human Resources website.  The employee may bring this form to their medical provider for a signature and then provide it to Deborah Bradshaw in Human Resources as satisfactory medical proof.

Employees are entitled to a leave of absence for cancer screening scheduled during the employees’ regular work hours.  Employees who undergo screenings outside their regular work schedules do so on their own time.  For example, employees are not granted compensatory time off for cancer screenings that occur on pass days or holidays.

Cancer screening includes physical exams, blood work or other laboratory tests for the detection of cancer. Travel time is included in this four (4)-hour cap.  Absence beyond the four (4)-hour cap must be charged to leave credits.

Purchase College is committed to fostering a diverse community of outstanding faculty, staff and students, as well as ensuring equal educational opportunity, employment, and access to service, programs, and activities, without regard to an individual’s race, color, national origin, religion, creed, age, disability, sex, gender identity, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Employees, students, applicants, or other members of the Purchase community (including vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law or treated adversely or retaliated against based upon a protected characteristic.

Purchase complies with all applicable federal and state laws and regulations prohibiting discrimination and harassment. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law. These laws prohibit discrimination and harassment, including sexual harassment and sexual violence.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 

1. submission to such contact is made either explicitly or implicitly a term or condition of an individual’s employment or education
2. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting the individual
3. such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creating an intimidating, hostile, or demeaning learning or work environment

Sexual harassment may include: 

1. subtle persistent pressure for sexual activity
2. unnecessary touching, pinching, and/or brushing against a person
3. sexual coercion or assault
4. demanding sexual favors with implied or overt threats concerning work or academic decision or preferential treatment
5. unwelcome verbal/expressive behavior of a sexual nature (e.g., jokes, sounds, obscene phone calls, demeaning graphic portrayals)
6. stalking, cyber stalking, and failure to accept the termination of a consensual relationship with repeated overtures or other aberrant or negative behavior

Sexual violence has been defined as “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent,” including rape, sexual battery, and sexual coercion.

Domestic victim status has been defined by the Human Rights Law as an individual who is a victim of an act which would constitute a family offense under N.Y. Family Court Act §812. It is unlawful to discriminate against a domestic violence victim in hiring for a job, job advancement, requests for use of leave time, or other terms, conditions, or privileges of employment. It is also unlawful for an employer to take an action in retaliation for filing a complaint of discrimination.

On-campus inquiries or complaints regarding violations of the nondiscrimination policy or Title IX may be addressed to:

Arletha Miles-Boyce, J.D.
Chief Diversity Officer/Affirmative Action Officer and Title IX Coordinator
Purchase College
735 Anderson Hill Road
Purchase, NY 10577
(914) 251-5992
Arletha.milesboyce@purchase.edu

Jason Kane-Seitz
Assistant Affirmative Action and Title IX Investigator
Purchase College
735 Anderson Hill Road
Purchase, NY 10577
(914) 251-5982
jason.kaneseitz@purchase.edu

Inquiries may also be directed to:

New York Office for Civil Rights
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Tel: (646) 428-3800, Fax: (646) 428-3843
TDD: (800) 877-8339
OCR.NewYork@ed.gov

Nursing Employees – Express Breast Milk in the Workplace

Policy:

In compliance with New York State Labor Law Section 206-c and Section 21.12 of the New York State Department of Civil Service Attendance and Leave Manual, Purchase College shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time to allow an employee to express breast milk for their nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth. The College shall not discriminate in any way against an employee who chooses to express breast milk in the workplace.

Upon request of an employee who chooses to express breast milk in the workplace, the College shall designate a room or other location which shall be made available for use by such employee to express breast milk. Such room or other location shall be a place that is: (i) in close proximity to the work area; (ii) well lit; (iii) shielded from view; and (iv) free from intrusion from other persons in the workplace or the public. Such room or other location shall provide, at minimum, a chair, a working surface, nearby access to clean running water and, if the workplace is supplied with electricity, an electrical outlet. The room or location provided by the College for this purpose shall not be a restroom or toilet stall. If the workplace has access to refrigeration, the College shall extend such access to refrigeration for the purposes of storing the expressed milk.

If the sole purpose or function of such room or other location is not dedicated for use by employees to express breast milk, such room or other location shall be made available to such an employee when needed and shall not be used for any other purpose or function while in use by such employee. The College shall provide notice to all employees as soon as practicable when such room or other location has been designated for use by employees to express breast milk.

Using Existing Meal Periods and Paid Rest Breaks

The College is required to permit nursing employees to express breast milk during their meal period and/or paid rest breaks if the employee elects to utilize meal periods and/or paid rest breaks for this purpose. However, an employee cannot be required to use meal periods and/or paid rest breaks for this purpose and may elect to express breast milk at other reasonable times during the work shift.

The policy does not authorize the granting of additional paid break time beyond that already provided by the College.

Using Unpaid Break Time

Employees may elect to use the unpaid break time instead of or in combination with meal periods and/or paid rest breaks. Consistent with State policy on use of leave credits, employees must be permitted to charge appropriate leave credits (credits other than sick leave) during the unpaid breaks.

While the statutory benefit is available to employees within their basic workweek as well as during any additional time worked, including overtime shifts, employees are not permitted to charge leave credits outside their basic workweek. Use of unpaid break time outside the basic workweek does not impact eligibility to earn biweekly leave credits.

Eligibility to Earn Leave Credits under the Attendance Rules

Employees who use unpaid break time and do not charge credits during such unpaid break time may be ineligible to earn biweekly leave credits.

The Attendance Rules require an employee to be in full pay status for seven separate full days out of ten in a biweekly pay period in order to earn biweekly leave credits (or a proportionate number of days for employees scheduled to work fewer than ten days in a biweekly pay period). A day on which an employee takes an unpaid break for this purpose, and doesn’t charge leave credits during that break, does not count as a day in full pay status for purposes of earning leave credits.

Procedures

• Employees are required to make arrangements in advance to utilize this benefit. Consultation with their supervisor and Amanda Zallo, Human Resources Manager, should occur prior to a nursing employee’s return to work from child care leave.
• Employees are not entitled to absent themselves from their work stations for this purpose without prior approval. Prior approval is normally obtained at the time the initial arrangements are made and a schedule is agreed upon. When an employee needs to change a previously agreed upon schedule, the employee must obtain approval to do so.
• Employees can be required to postpone a scheduled time to express milk for a brief period of time if they cannot be spared.
• Time required to express breast milk includes the time required for the nursing employee to reach and return from the location identified by the agency for expressing milk.
• The amount of time needed to express breast milk may vary and there is no set limit on the number of breaks provided per day. They must, however, be reasonable and approved by the supervisor.
• The benefit is available to employees within their basic workweek as well as during any additional time worked, including overtime shifts.
• An employee who wishes to avail themselves of this benefit is expected to give their supervisor and Amanda Zallo, Human Resources Manager, reasonable notice so that a schedule can be arranged and a location identified. Normally, this consultation will take place prior to a nursing employee’s return to work from child care leave. It is also expected that an employee will provide their agency notice when the need for time to express breast milk is no longer required. In no event is the benefit available beyond three years from the date of birth of the child.

Please direct any questions to Amanda Zallo, Human Resources Manager via email: amanda.zallo@purchase.edu or phone (914) 251-6449.

Revised January 9, 2023

Policy on Sexual Harassment

Harassment harms the learning community
Academic freedom, creativity, professional achievement and personal development flourish in a healthy environment. Such an environment must be one in which all employees and students can pursue their work free from coercion, intimidation, and exploitation. Harassment is antithetical to the mission of the College and violations of this policy will result in disciplinary action up to and including expulsion or termination.

By law and SUNY policy, sexual harassment is defined as:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

1. submission to such contact is made either explicitly or implicitly a term or condition of an individual’s employment or education
2. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting the individuals
3. such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creating an intimidating, hostile or demeaning learning or work environment.

NOTE: This policy applies equally to all employees and students, male and female. Those who feel they have been victims of such discrimination should contact the Affirmative Action Officer or the Director of Human Resources. Pursuing a complaint on the campus does not rescind the right to file with an outside enforcement agency such as the State Division of Human Rights.

Sexual harassment may include:

1. subtle persistent pressure for sexual activity
2. unnecessary touching, pinching, and/or brushing against a person
3. sexual coercion or assault
4. demanding sexual favors with implied or overt threats concerning work or academic decision or preferential treatment
5. unwelcome verbal/expressive behavior of a sexual nature (e.g., jokes, sounds, obscene phone calls, demeaning graphic portrayals)
6. stalking, cyberstalking, and failure to accept the termination of a consensual relationship with repeated overtures or other aberrant or negative behavior

Sexual harassment is a violation of the law and of SUNY policy
Harassment on the basis of sex is a violation of New York State law and the Federal Civil Rights Act. The Governor’s Office has reaffirmed the law for State employees, and the SUNY Board of Trustees has affirmed the right of all students to be free from sexual harassment.

WHAT YOU CAN DO IF YOU FEEL YOU ARE SUBJECTED TO SEXUAL HARASSMENT:

1. Say “No.” Say it firmly, without smiling and without making an excuse or apology.
2. Keep a diary or log. Write down what is happening or has happened to you. Include direct quotes, any witnesses, or patterns to the harassment. Save any letters, cards, or notes sent to you. Keep both the log and notes in a secure place, preferably at home.
3. Deal with the situation immediately. Ignoring it will not make it go away. Instead, it may worsen.
4. Talk to the person involved, if you feel you can. Explain why you are offended. Sometimes that is sufficient to clear the air. You may want to bring someone with you for support.
5. Ask: “How do you think your spouse, significant other, daughter or son, family member or friend would like being treated like this?”
6. Tell the harasser, “That sounds like sexual harassment.”
7. Write a letter to the person, especially if you feel direct confrontation is not possible or has not worked. If the person does not stop their behavior, you have a copy of your letter for further action. It should include (a) a short statement of the situation as you see it; (b) a description of your feelings and the damage that they have done; and (c) a short statement of behavior you would like to see.
8. If the above approaches have not been successful, you may want to discuss the situation with the College officers listed below to find other informal means to a resolution.
9. You may decide at any time to take formal action by filing a written complaint with the Affirmative Action Officer or the Director of Human Resources. Such complaints are taken seriously by the College and will result in formal action to eliminate the harassing behavior. Grievances made to the Affirmative Action Officer or the Director of Human Resources must be made in writing and must be brought within 90 days of the last incident.

Relationships with Students
One of the hallmarks of the Purchase experience for students is the opportunity to establish relationships with faculty and staff that extend beyond the classroom and office. These relationships help to provide an environment in which faculty and staff serve as role models and mentors, facilitating students’ intellectual and personal growth.

Trust and respect are diminished when those in positions of authority abuse, or appear to abuse their power. It is ethically wrong for faculty or staff to use their positions to exploit students. Voluntary consent by a student to a sexual relationship with faculty or staff is suspect, given the imbalance of power in such a relationship. Students involved in such relationships are at risk of exploitation. Faculty or staff involved in such relationships are creating potential conflicts of interest, personal liability to charges of sexual harassment, and interference with the welfare, academic, or work performance of others.

Sexual Orientation
The Governor’s Executive Order No 28 prohibits all state agencies from discriminating on the basis of sexual orientation in the provision of any services or benefits by a state agency and in any matter relating to employment by the state.

GENDA Act

The Gender Expression Non-Discrimination Act (GENDA) prohibits discrimination gender identity or expression. The law defines gender identity or expression as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of bring transgender. GENDA also includes offenses regarding gender identity or expression within the list of offenses which may be treated as hate crimes by the State. To view the full text of The Gender Expression Non-Discrimination Act (GENDA) (Senate Bill S1047), please visit the following New York State Senate Website.  

1. Sexual orientation is defined as a private preference of an individual protected by Executive Order No. 28 for heterosexuality, homosexuality, or bisexuality; or a history of such preference; or an identification of having such a preference.
2. Harassment on the basis of sexual orientation is judged against the same criteria as those for sexual harassment, and protection applies to students, as well as to employees, to males as well as females.
3. Complaints may be made to the Affirmative Action Officer or the Director of Human Resources. This does not rescind a person’s right to file a complaint with the Governor’s Office of Employee Relations.

The following people on campus are available to help you:

Arletha Miles-Boyce, J.D.
Chief Diversity Officer/Affirmative Action Officer and Title IX Coordinator
Purchase College
735 Anderson Hill Road
Purchase, NY 10577
(914) 251-5992
Arletha.milesboyce@purchase.edu

Jason Kane-Seitz
Assistant Affirmative Action and Title IX Investigator
Purchase College
735 Anderson Hill Road
Purchase, NY 10577
(914) 251-5982
jason.kaneseitz@purchase.edu

titleix@purchase.edu  

Director of Counseling—(914) 251-6390

Employee Assistance Program Coordinator—(914) 251-6098
Humanities Building, Room 1002

Ombudsman—(914) 251-6520
Student Services Building, Room 217

You also have the right to contact off-campus agencies that have the responsibility of enforcing laws related to sexual harassment:

NYS Division of Human Rights—(914) 788-8050
8 John Walsh Blvd., Suite 204
Peekskill, NY 10566

Federal Equal Employment Opportunity Commission—(212) 366-3620
201 Varick Street, Room 1009
New York, NY 10014

SUNY Sexual Assault & Violence Response (SAVR) Resources:

SUNY’s Sexual Assault & Violence Response (SUNY SAVR) resource website provides SUNY community members with information that can be used to seek resources and support, and to report crimes to law enforcement and the appropriate campus resources. For more information on SUNY SAVR, the Sexual Harassment Policy or the Sexual Harassment Complaint Procedure please visit the SUNY SAVR website.

Updated 06/27/2022

The Office of the State Comptroller mandates that all New York State employees submit current and accurate attendance records. In order to comply with this mandate the Department of Human Resources instituted the following timesheet policy:

 Full-time and part-time employees (UUP Faculty, Staff and M/C)

• All full-time and part-time employees (UUP Faculty, Staff and M/C) paid on an annual basis are required to submit, electronically via the Time and Attendance System (TAS), a monthly time record. Electronic time records must be submitted no later than the 10th of the following month. If you do not submit your time record on-time, you and your immediate supervisor will start receiving email notifications from TAS notifying you that a time record is outstanding. If the time record continues to be outstanding, email notifications will then be forwarded to the department head within 20 days. If you know that you will be away from the college during the beginning of a month, you can request from the Payroll Office that a designee be setup/authorized on your behalf to enter your time record and/or submit time-off request in TAS. 
• If an employee has not submitted a timesheet for three (3) consecutive months, the employee will receive a reminder from the Payroll Office (copy to immediate supervisor). The reminder will include a notice that direct deposit (if applicable) will be cancelled after a final notification.
• After the fourth consecutive month goes by without submission of all past due timesheets, the employee will be sent a FINAL NOTICE letter (copy to immediate supervisor and area VP) with a 30 day deadline.
• If the overdue timesheets are not submitted electronically in TAS within 30 days, then the employee’s direct deposit will be inactivated without further notification. Paychecks will be available for personal pick-up from the Director of Human Resources. For employees without direct deposit paychecks, the paychecks will be removed from the departmental bundle and will then be made available for personal pick-up from the Director of Human Resources.
• All notices will be sent by email to the employee’s campus email address. Please remember to check your email.
• Before paychecks are picked up and direct deposit is reactivated, all outstanding time records must be submitted and approved. Once timesheets are up to date and approved, the employee can complete a new application to reactivate direct deposit.
• Should any one employee go through this process three times, that employee will permanently lose the privilege of direct deposit.

Hourly paid UUP Staff and Full-time Classified (M/C, CSEA, NYSCOBA and PBANYS) employees

• All hourly paid UUP Staff and Full-time Classified (M/C, CSEA, NYSCOBA and PBANYS) employees are required to submit biweekly paper timesheets.
• If an employee has not submitted a timesheet for three (3) consecutive payroll periods, the employee will be sent a reminder from the Payroll Office (copy to immediate supervisor). The reminder will include a notice that direct deposit (if applicable) will be cancelled after one more final notification. 
• After the fourth consecutive payroll period goes by without submission of all past due timesheets, the employee will be sent a FINAL NOTICE letter (copy to immediate supervisor and area VP) with a 30 day deadline.
• If the overdue timesheets are not submitted, then the employee’s direct deposit will be inactivated without further notification. Paychecks will be available for personal pick-up from the Director of Human Resources. For employees without direct deposit paychecks, the paychecks will be removed from the departmental bundle and will then be made available for personal pick-up from the Director of Human Resources.
• All notices will be sent by email to the employee’s campus email address. Please remember to check your email. A hard copy paper notice will be sent out to those employees without campus email Employees without
• Before paychecks are picked up and direct deposit is reactivated, all outstanding time records must be submitted and approved. Once timesheets are up to date and approved, the employee can complete a new application to reactivate direct deposit.
• Should any one employee go through this process three times, that employee will permanently lose the privilege of direct deposit.

Employees who have reached their maximum accruals and/or employees on leave (medical, etc.) are still required by the New York State Office of the State Comptroller to submit monthly timesheets. Employees do not accrue leave credits while they are out on a Title F or Sabbatical Leave.

Reasonable Accommodation Policy for Employees and Job Applicants

Overview

In compliance with the Americans with Disabilities Act Amendments Acts (ADAAA) of 2008, the Americans with Disabilities Act of 1990 (“ADA”), Sections 504 of the Federal Rehabilitation Act of 1973 (“Rehabilitation Act”), and New York State Executive Law §296, Purchase College provides qualified individuals with disabilities the opportunity to participate in programs, activities, or employment.

Purchase College will not discriminate against any employee or applicant for employment because of physical or mental disability. Additionally, Purchase College agrees to take affirmative action to employ, advance in employment and treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices including but not limited to: Advertising, recruitment, employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and professional development.

Employees and Applicants

Employees and applicants are protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint or assisting in an investigation under appropriate federal and state law.

Purchase College’s Americans with Disabilities Act (ADA) Designee for Reasonable Accommodations (DRA) is responsible for ensuring compliance with this policy and data collecting and for record keeping of all employee requests for accommodations.

Students

Students with disabilities who wish to request accommodations should contact Alyssa McCarthy, Director, Office of Disability Resources (914) 251-6035. The Office of Disability Resources is responsible for data collection and record keeping of all student requests for accommodations.

Procedures for Requesting Reasonable Accommodations

Employees or prospective employees/applicants with disabilities (as defined in the ADAAA 2008) may request reasonable accommodation in the workplace, if necessary, to enable them to have access to employment opportunities or to perform duties essential to their job. Such requests may be made regardless of title, salary, salary grade, bargaining unit, or employment status (permanent, temporary, provisional).

Current Employees

• Employees in need of an accommodation (as defined under ADAAA of 2008) should first submit a completed Request for Reasonable Accommodation Form (Section A & B) to their immediate supervisor or the Designee for Reasonable Accommodations (DRA), Ricardo Espinales in the Department of Human Resources. Please contact Ricardo Espinales at (914) 251-6086 or via email at Ricardo.espinales@purchase.edu to obtain copies of the forms.
• If the request is first submitted to the DRA, the DRA will contact the employee’s immediate supervisor for their review and/or approval. If the request is made to the immediate supervisor, the supervisor will either approve the employee’s request or refer the application to the DRA for their assistance in resolving the employee’s request. Regardless of the supervisor’s decision, the supervisor should indicate their decision and sign Section B.
• Requests for reasonable accommodation that are minor in nature can be resolved at the supervisory level. If a determination cannot be made due to the type or complexity of the accommodation or the expenditure involved in providing the accommodation, please speak to your department head or contact the DRA to discuss the issue.
• The employee, the employee’s supervisor and the DRA should engage in an interactive process to determine whether and what type of accommodation would be effective.
• As part of this interactive process, it is important that an employee in confidence advise the supervisor and the DRA precisely how limitations from a disability affect the ability to perform the duties of the position. If the employee knows what type of reasonable accommodation would be helpful, they should advise the supervisor and the DRA.
• The DRA can suggest alternative accommodations and the individual should consider whether they would be effective. The ADA Coordinator does not have to provide the specific accommodation requested, but rather must offer an effective reasonable alternative, unless to do so would create an undue hardship for the institution.
• The DRA will conduct a comprehensive review of the request for accommodation, which may include:
• • Requesting and assessing of medical documentation. If the DRA requires additional documentation, the DRA will ask the applicant to inform their doctor to provide medical documentation to the DRA that identifies the limits of the applicant’s disability and how they would affect the employee’s job performance
  • Meeting with the employee and their immediate supervisor
  • Arranging for a job analysis

Job Applicants

Applicants requesting a Reasonable Accommodation should submit a request to the Department of Human Resources.

Review of Accommodation Decision

Should an employee not agree with the accommodation being provided or if the request for accommodation is denied, and the employee believes the basis of the denial is due, in part, to discrimination the employee may contact the Office of Affirmative Action in accordance with Purchase College’s discrimination complaint procedures.

Recordkeeping

The DRA is responsible for collecting the information on all accommodation requests including the number made and type of accommodation provided to employees. The Affirmative Action Office is responsible for collecting the information on all accommodation requests including the number made and type of accommodation provided to students. All original Requests for Reasonable Accommodation are kept in a separate file within Human Resources.

Confidentiality

Medical records are confidential. Medical documentation submitted or obtained may only be used to evaluate the request for accommodation. Employee medical records shall be secured in a separate and confidential file in the Department of Human Resources. Student medical records shall be secured in a separate and confidential file and maintained in the Office of Student Affairs.

Reporting Workplace Violence-Anonymously

There are two ways to report an incident or potential incident of workplace violence anonymously.  You can dial extension 5970 (914-251-5970 from off campus) or you can click on the following link to report the incident:

Workplace Violence Report (Anonymous)

Before departing from the College, employees must submit an electronic Separation Form in the Human Resources Employee Tracking System (HRETS). Once you access HRETS, the electronic Separation Form is located under Personnel ETS Options. Employees must obtain clearances from all the offices listed on the form (Department Head, Office of Parking and Transportation, Purchase College Association, Purchasing and Accounts Payable, Library and Campus Technology Services). Please note that it is an employee’s responsibility to ensure that all signatures are obtained in timely fashion. Delays may result in the timely processing of vacation payout (if applicable) and/or application of sick leave accruals to health benefits coverage (if you are retiring and meet the requirements).

SUNY Workplace Flexibility

-Telecommuting-

Overview

SUNY’s policy is to support telecommuting where it is reasonable to do so based on the University’s mission, operational and program needs. These guidelines are the basis for a telecommuting program that is beneficial to University operations, employees, and students.

This program’s purpose is to support implementation of telecommuting programs, where desired, establish guidelines designed to clearly articulate employee and campus expectations, and provide an additional vehicle for employee development while offering campus management the flexibility to operate a successful telecommuting program and plan for future workforce needs.

Every application will be considered on an individual basis.

Definitions

Telecommuting – An alternate work arrangement that allows employees to conduct some of their work away from the official work site. Under the Telecommuting Program, employees will be expected to have a regular in-person presence at the official work location. Employees should not expect to be approved to telecommute on a full-time or near full-time basis. The number of days and which days an individual employee may be allowed to telecommute is determined by management based on operational need. However, the maximum allowable days per pay period that may be approved for telecommuting is five (5) workdays and in no event will an employee telecommute for their full obligation.

Official Work Site – The employee’s SUNY-provided, on-campus, workstation. This is the employee’s usual and customary work address.

Alternate Work Site – A specific location away from the SUNY-provided work site where the employee is authorized to conduct business. This location must meet all criteria set forth in this document and be approved in advance by the telecommuter’s immediate supervisor/manager and the campus senior leadership. Any changes in the location of the Alternate Work Site must be approved in advance.

Telecommuting Application – An application form, furnished by management, and completed by the employee requesting or being assigned to become an approved telecommuter. Each approved application shall be effective for a specified period, not to extend beyond the effective dates of this program.

Telecommuting Work Plan – A document, part of the telecommuting application, completed by the telecommuter which identifies the specific work to be performed on telecommuting days, consistent with the employee’s normal obligation.

Campus Senior Leadership – A single cabinet level (vice presidential level) employee at the campus who has authority over the department/division reviewing/approving telecommuting.

Participation

Telecommuting is not an employee entitlement and is not operationally feasible for many job functions. Determinations as to which job functions are eligible for telecommuting is subject to management discretion, based on operational need. While each campus is ultimately free to determine where telecommuting is operationally feasible and desirable, the topic of where telecommuting is operationally feasible, as well as other issues regarding implementation of telecommuting, are appropriate topics for the labor/management forum.

Applications may be submitted at any time; there is no specified application period. To request to participate, an interested employee must submit a completed Telecommuting Application to their immediate supervisor/manager. The employee should identify the preferred number of days and which days per week/pay period they wish to telecommute in the application, not to exceed five (5) workdays as noted above. The immediate supervisor/manager should review the employee Telecommuting Application, including the specified days per week, to make an initial determination whether an employee meets the criteria within seven (7) calendar days. Any possible modification by the supervisor/manager to the number of days or identified days requested by the applicant should be discussed with the employee/applicant prior to processing the application to the Dept/Division Leader. The application then will be sent to the Dept/Division Leader for review/approval which should be provided within seven (7) calendar days of receipt. Thereafter, the application will be sent to campus senior leadership or their designee for final approval which should be provided within seven (7) calendar days of receipt. All responses will be in writing. If the request for telecommuting is denied, an explanation of the basis for the denial will be provided to the employee.

Once a Telecommuting Application has been approved, participation and start dates may be subject to equipment availability and management discretion. A telecommuting work arrangement shall not commence until it has received written final approval.

An individual’s participation in the telecommuting arrangement can be modified, suspended or cancelled at any time by management with thirty (30) calendar days advance written notice to the employee where feasible and consistent with operational needs. Employees who have had an arrangement cancelled or suspended may reapply six (6) months from date of cancellation or suspension. An employee may suspend or cancel their participation with thirty (30) calendar days advance written notice to their immediate supervisor/manager unless the immediate supervisor/manager agrees to a shorter period of time.

Employee Appeal Process

If an employee in a job function deemed eligible for telecommuting has their telecommuting application disapproved, they may appeal to the Chief Human Resource Officer or their designee in writing within seven (7) calendar days following receipt of the denial. The appeal shall state the reasons for disagreement with management’s determination. A decision on the appeal shall be rendered by the Chief Human Resource Officer or their designee(s) within seven (7) calendar days of receipt of the appeal stating the reasons for the decision if denied. Denials of applications for telecommuting under the Telecommuting Program are not grieveable under any collective bargaining agreements. Employees who have had an application denied may reapply six (6) months from date of the decision on the appeal referenced herein.

General Guidelines

Employees must comply with all NYS, SUNY, campus laws, rules, regulations, policies, and guidance required at the official work site when telecommuting. Failure to abide by all laws, rules, regulations, policies and guidance may result in exclusion from Telecommuting Program and/or administrative action, including disciplinary action.

Campuses are encouraged to provide orientation on the terms of this telecommuting program to employees and supervisors. Employees must complete such orientation and/or other telecommuting-related training if one is provided, before any telecommuting is permitted. This includes, but is not limited to, training in the use of any software required for remote access, data security procedures, and any necessary orientation to the process of submitting work plans.

Telecommuters are responsible for submitting telecommuting work plans to their immediate supervisor/manager which identify the specific work to be performed on approved telecommuting days. The work plan originally submitted with the telecommuting application may be modified at a later date by the immediate supervisor/manager, with written notice to the employee. An employee must submit to their immediate supervisor/manager progress reports describing work completed while telecommuting on a periodic basis.

Employee ability to effectively perform work functions in a telecommuting setting should be one factor considered in approval of telecommuting work plans.

Telecommuters will treat telecommuting days like regular workdays and will be expected to maintain their normal work schedule/workday (including overtime when appropriate and authorized in advance) and routine while telecommuting. Managers should make clear expectations for meeting core service to students, partner offices, as well as internal and external constituents while remotely working.

Telecommuters must request time off in advance and submit all leave requests as currently required. All current laws, regulations, contract provisions and standard rules governing employee work schedules apply including, but not limited to, existing call-in procedures.

A telecommuter may be required to report to the official work site on a scheduled telecommuting day to engage in functions which require an in-person presence and cannot be scheduled for an in-office workday.

When telecommuters are required to report to the official work site on a scheduled telecommuting day, there is no expectation that the telecommuter will be granted a substitute telecommuting day in return. However, with flexibility as a key component of the program, with management approval, a scheduled telecommuting day may be changed within the same pay period.

If a telecommuter is required to report to their official work site, they will not be paid or reimbursed for their commute to/from the official work site.

Telecommuters must be available via all required methods of communication throughout the workday. Should a telecommuter not be available through official channels, management may contact the telecommuter via their personal contact information provided in the Work Plan.

Telecommuters may be required to forward their official work site phone to the phone that will be used while telecommuting or have other technical support to ensure phone calls related to work are attended to in a timely fashion.

In-Person meetings at the telecommuter’s alternative work site are prohibited. This restriction does not preclude a telecommuter from participating in, or being required to participate in, phone or web-based meetings from their alternate work site.

Telecommuters agree that, with job-related cause, SUNY may access the alternate work site following forty-eight (48) hours’ advance notice to the employee unless exigent circumstances require less notice. Such access shall be for the purposes of assessing safety concerns, data security concerns, or to inspect or retrieve campus-issued equipment or records.

Unless otherwise directed, telecommuters will not be excused from work when a directed departure is issued for the official work site. Conversely, if an emergency occurs at the alternate work site and the telecommuter is unable to work at the telecommuting site that day or if the telecommuter is unable to, for any reason, continue working during their scheduled hours, the immediate supervisor/manager may direct the telecommuter to come to the official work site or grant authority to charge accruals.

Employees must safeguard all passwords used in connection with agency/facility/campus service files or programs and ensure sensitive information is protected.

Supervisor/Campus Considerations:

• The proposed telecommuting work does not require in-person student/constituent interaction, classroom presence and/or patient care or contact and the work is typically performed away from the end customer (i.e. the student or patient).
• The work can be performed as effectively from a telecommuting location as a campus location.
• The telecommuting arrangement does not necessitate the transfer of work which increases the workload to co-workers on campus.
• The assignments completed in the telecommuting location are consistent with the employee’s performance program and scope of responsibilities, or job description based upon civil service title.
• Key performance metrics such as quality of work products, quantity of work produced, response time/turnaround time, level of service, etc., are measurable and are routinely measured and assessed consistent with the employee’s regular professional obligation or job description.
• The immediate supervisor/manger is accountable for communicating performance expectations, monitoring and measuring performance, providing ongoing performance feedback and formally addressing performance issues via established policies and collective bargaining agreements.
• Recognizing that telecommuting arrangements cannot be approached in a one-size fits all manner, supervisors must ensure equity when evaluating the operational need for telecommuting arrangements.
• Telecommuting arrangements must be evaluated, reviewed, documented, and approved by the immediate supervisor/manager, department head/division leader of the area, and senior campus leadership.
• Telecommuting arrangements are reviewed for effectiveness on an ongoing basis and in conjunction with the ongoing assessment of the employee’s performance.
• Telecommuting arrangements may be modified or terminated at any time following appropriate notice (as discussed above) by an immediate supervisor/manager in consultation with HR, based on operational needs, performance concerns, or any other non-discriminatory reason.

Employee Responsibilities

Telecommuting arrangements simply allow work to be performed in settings other than the traditional on campus worksite. All policies, work rules, performance expectations, professional obligations and codes of conduct apply as they normally would in a traditional campus setting. Specific employee responsibilities include:

• Employees are actively working towards and are fully focused on business goals and professional obligations during normally scheduled hours of work. Employees are easily accessible throughout the workday, answer phones, and respond to emails and other inquiries in a prompt and timely manner.
• Employees meet or exceed all performance goals and expectations as outlined in performance program and/or in alignment with special projects and other duties as assigned.
• Employees ensure effective and productive communication with their immediate supervisor/manager, team members and all other constituents or campus partners. Employees’ behavior is professional, courteous, service oriented and aligned with codes of conduct, campus values, etc.
• Employees return to campus for onsite meetings, teambuilding activities, trainings etc., as required.
• Employees submit requests for scheduled time off (vacations, holidays, etc.) in accordance with established policies and/or contracts and charge appropriate time off benefits.
• Employees notify immediate supervisor/manager of unanticipated full day or partial day absences or lateness in accordance with established policies and/or contracts and charge appropriate time off benefits.
• Telecommuting should not be considered as a substitute for child or elder care nor should a campus mandate or monitor such arrangements. Employees are expected to make such arrangements for child or elder care so as not to adversely impact telecommuting workflow and productivity.
• Employees who have childcare obligations, family care obligations and/or any other obligations that would prevent them from focusing their full time and attention on work, must follow all leave and/or time off policies as needed.
• While NYS Workers Compensation through the State Insurance Fund covers the employee working from a flexible location, it is the employee’s responsibility to also ensure that this type of arrangement is permissible under their homeowners or renters insurance policy. Employees must practice safe work habits and do all they can to minimize the risk of work-related injuries.
• Employees understand and acknowledge that telecommuting arrangements are not an entitlement and can be modified or discontinued by management at any time following appropriate notice (as discussed above). Likewise, telecommuting arrangements may be terminated at any time by an employee following appropriate notice to their immediate supervisor/manager and HR.
• Employees understand and acknowledge that telecommuting arrangements do not change the employee’s terms and conditions of employment including an employee’s classification, base compensation, or benefits.
• Employees understand and acknowledge that the SUNY campus is not responsible for equipping their telecommuting location(s) and the specific policies of individual campuses related to loaning, borrowing, transporting and/or supporting supplies and equipment will apply.

Equipment and Supplies

The employer will not provide telecommuters durable equipment such as desks, chairs, file cabinets, or other office related furniture. The employer may, at its discretion, provide a laptop or other similar device to telecommuters to facilitate work at the telecommuting worksite; alternatively, employees may be allowed to bring work-assigned equipment to the telecommuting worksite where authorized in advance.

The use of an employee’s personal computer to access work-related sites, applications, systems and other information, will be dependent on the use of appropriate security protocols, which will be deployed at the discretion of, and as directed by, the employer. Examples of security protocols include but are not limited to Virtual Desktop Infrastructure (VDI), Virtual Private Network (VPN) access, and/or multi-factor authentication. Management will determine which connection mechanism is appropriate based on operational need. Telecommuters using personal devices will receive instruction on how to implement any necessary software, hardware and/or other security processes, all of which must be tested before telecommuting can begin.

Minimal office supplies may be provided by the employer and should be requested during the telecommuter’s in-office work period. Supplies will not be shipped to the alternate work site. Any out-of-pocket expenses incurred for supplies, equipment, food, commuting, etc. will not be reimbursed.

Generally, the telecommuter must have an internet connection with bandwidth that is appropriate for conducting the telecommuter’s full professional obligation/job description and SUNY official business without disruption. The telecommuter is responsible to secure and pay for an internet connection. The agency will not reimburse internet costs. In limited instances, telecommuting assignments that do not require an internet connection may be available. Where such assignments meet operating needs, they may be made/approved.

The telecommuter is responsible for having a phone for all work-related calls or having other technical support to ensure phone calls related to work are attended to in a timely fashion.

If assigned work equipment or other work item is lost or stolen, the telecommuter must immediately notify their immediate supervisor/manager and refer to the agency’s usage agreement for portable Media and End User Devices and complete all steps outlined within the policy/procedure.

When the Telecommuting Program ends, the employee must return all SUNY-issued devices and equipment, provided to facilitate work at the alternate worksite, if applicable, and any supplies issued on their next workday unless otherwise specified by management.

SUNY Policies/Security of Information

Any SUNY/campus information possessed by the telecommuter cannot be shared with or made available to any other individuals except as appropriate, consistent with their campus work obligation.

Telecommuters must ensure that official records and information are secure and not maintained in a way that would make them available to any other individuals except as appropriate, consistent with their campus work obligation.

Telecommuters and campuses are responsible for adhering to the SUNY Information Security Policy (Document 6900) and all State, university or campus policies, procedures and standards concerning use of computer equipment and the security of data/information while utilizing this telecommuting program. Such policies, procedures and standards can be found in the Policies and Procedures section of the university or campus website.

Unauthorized access to or disclosure of official information or systems must be immediately reported to the telecommuter’s immediate supervisor/manager. Such unauthorized access or disclosure, including the release of confidential information or the personally identifiable information of university or campus staff or customers, which happened due to the telecommuter’s neglect, will be addressed through administrative actions.

Telecommuters must protect and safeguard files, documents, equipment, and other materials transported back and forth between the official work site and the alternate work site. Telecommuters shall protect official records and documents from unauthorized disclosure or damage and shall comply with all established policies and procedures regarding such matters.

Telecommuters must also take the following specific precautions:

1. Only take confidential information offsite when authorized in advance by their immediate supervisor/manager.
2. Avoid transmitting confidential information from work e-mail to personal e-mail addresses or text messaging services (e.g., icloud.com, aol.com, yahoo.com or g-mail.com).
3. Securely store all hard copy documents or office media so that others cannot access it.
4. Do not communicate confidential information where others can listen.
5. Place documents requiring destruction in Confidential/Sensitive destruction bins located at the official work site.

Telecommuters will be required to take appropriate action to protect the items from damage or theft. Loss or theft of equipment must immediately be reported to the telecommuter’s immediate supervisor/manager.

Any suspected data breach containing sensitive data must immediately be reported to the telecommuter’s supervisor and the and the Chief Information Security Officer, consistent with the SUNY Cyber Incident Reporting requirements. The telecommuter must complete any required documentation of the suspected breach.

Every effort should be made to avoid transferring or storing official data or information on any personal devices. Under no circumstance may the telecommuter allow agency issued equipment to be used by any other person except as appropriate consistent with their campus work obligation.

Telecommuters should log off and secure any computer being utilized to conduct official business when not in use, consistent with campus computer use policies.

Management will not require the production of personal equipment unless legally required and will not access or otherwise use any personal information on an employee’s personal device.

Program Dates

This SUNY Telecommuting Program is a pilot program that is effective as of July 2021 and shall end June 30, 2023, unless extended by SUNY. Where required by exigent operational concerns, SUNY System Administration reserves the right to suspend or terminate this telecommuting program prior to that date. Should the Chancellor or their designee determine that such action is necessary, advance consultation with affected unions and reasonable advance notice to program participants will be provided to the greatest extent allowed by the exigent operational concerns on which the Chancellor’s determination is based.

Purchase’s  Tobacco Free Policy

In recognition of the overwhelming scientific evidence that tobacco use causes serious diseases and is the leading preventable cause of death in the United States, Purchase College is instituting a Tobacco Free policy to change the culture of tobacco use on campus. This policy expands on the Clean Air Act of 1970 and the New York statewide smoking ban that took effect on July 24, 2003, which bans smoking in all enclosed workplaces in New York, including bars, restaurants and construction sites.  The policy will apply to any property owned, leased, or operated by the college. In line with the tobacco-free vision of New York held by SUNY Chancellor Nancy Zimpher and Governor Andrew Cuomo, Purchase’s goal is to be completely tobacco-free by the end of the 2017–18 academic year.

Purchase College places a priority on the health and well-being of students, faculty, staff and those who visit the Purchase campus. The Tobacco Free policy will complement the college’s environmental sustainability efforts, help create and preserve equitable and respectful work, study, and living environments, and bring Purchase’s institutional investments in line with the college’s principles on social and environmental responsibility. It will also eliminate harmful exposure to secondhand smoke and prevent litter and chemical leaching from tobacco waste.

What Counts as “Tobacco”?

Under the policy, “tobacco” is defined as all tobacco and tobacco-derived products intended for human consumption, including, but not limited to, cigarettes, cigars, pipe tobacco, e-cigarettes, hookah-smoked products, clove cigarettes, bidis, kreteks, and smokeless tobacco (for example, dip, chew, snus, and snuff). It does not include any product that has been approved by the U.S. Food and Drug Administration (FDA) for sale as a tobacco use-cessation product.

Because the liquid-nicotine mixture in e-cigarettes is derived from tobacco, it is defined by this policy as a tobacco product rather than as a tobacco-cessation product. While the secondhand effect of the vapor from e-cigarettes may be less harmful than that of tobacco smoke, Purchase is unwilling to expose students to possible harm from an unregulated and untested product. When the FDA makes a ruling on e-cigarettes, this policy will be reconsidered.

The Tobacco Free Committee

Purchase will maintain an ad hoc Tobacco Free Committee to help the campus make the transition from a culture of casual public tobacco use to one that promotes clean air and consideration for the health of others. This committee will oversee the creation of designated smoking areas to be used while the college is making the transition to becoming entirely tobacco free. It will also develop an outreach campaign for members of the community with nicotine dependency, offering help through flyers, posters, emails, information sessions, and support groups. The committee will educate the community about free cessation options, institutional resources, and potential student code of conduct violations so that the policy is clear.  It will coordinate an effort to engage the campus in an on-going dialog with the campus about tobacco. The Tobacco Free policy will be reviewed at least annually and will be revised as needed to ensure that its objectives are attained and that Purchase is in compliance with federal and state law. The committee will contain representatives from the faculty, staff, and student body.

How Will Tobacco Free Work on Campus?

The Tobacco Free policy will have two phases. During the initial phase (from present to June 2018), tobacco use will be strictly limited to designated smoking areas, which will be created around campus by the  the start of the fall semester of 2015. ( Note: Please see the attached smoking zone map) Smokers will be required to use specific receptacles for their litter. Information about Tobacco Free and cessation options will be clearly posted and disseminated around the campus. Smoking elsewhere on campus during this period will be a violation of campus policy. This rule will also apply when students attend college-sponsored off-campus events. By June 2018, tobacco use will not be permitted anywhere on college owned, leased or operated property.

Compliance

This policy is driven by respect for others and the environment and relies on the thoughtfulness, consideration, and cooperation of tobacco users and non-users for its success. The success of this policy will depend on the cooperation of all members of the Purchase College community, both to comply and encourage others to do so.  It is the responsibility of all members of the college community to abide by this tobacco policy. 

An initial violation of the policy will result in only a verbal warning. This warning will include information about the policy, the rationale behind it, and the availability of tobacco-cessation and harm-reduction support services on and off campus. Subsequent noncompliance by students will result in formal discipline under section E12 of the Community Standards of Conduct.

Helping our Community to Stop Using Tobacco

Purchase will make every reasonable effort to assist students, faculty and staff who wish to stop or reduce their use of tobacco products. It will promote awareness of evidence-based tobacco-cessation resources through a multifaceted outreach campaign. Students can find cessation and reduction tools and treatment, including counseling and nicotine-replacement therapy, at Student Health Services and the Wellness Center. Faculty and staff  can get help through the Employee Assistance Program and from their healthcare providers. The Tobacco Free Committee will regularly solicit feedback from the campus community to ensure that the needs of those interested in tobacco cessation are being met.

Advertising, Promotion, and Sales

Tobacco sales are prohibited on the campus. The college will not accept advertising, marketing, distribution, or promotion of tobacco products.

Sponsorships, Gifts, Funding, and Investments

All grants and gifts to Purchase and all solicitations and proposals for such funds must have the approval of the college and must conform to its mission statement and culture of wellness, SUNY policies, and all applicable laws and regulations. With that in mind, Purchase will no longer invest in any direct tobacco company holdings and will divest itself of any remaining investments in the tobacco industry as soon as it is reasonably able to do so. Investment packages that include tobacco-related holdings must be reported to the Tobacco Free Committee annually as long as such holdings remain in those packages.

Changing the Culture

Purchase will actively educate the campus community about the dangers of tobacco use. The Tobacco Free policy will be clearly posted in student handbooks, on the campus website, and in other publications. Freshman seminars will review it, and it will be shared with parents, alumni, and visitors through admissions publications, media, campus announcements, the college website, and other resources. Key components of the policy will be posted on signs around campus (e.g., “Purchase is moving toward being tobacco free”; “Limit tobacco use to designated areas only”). Public announcements will address the policy and its implementation at events on campus.

The Tobacco Free Committee will undertake education and outreach efforts intended to change the culture of the campus community to one that values clean air, mutual respect, and holistic well-being.

As part of Human Resources continued efforts to ensure that the College meets its contractual obligation that all staff employees have a performance program in place, we are requesting that all supervisors make sure that all professional staff they supervise directly have a current program in place. If someone you supervise does not have a current program in place, you will need to put one in place as soon as possible.

As a reminder, here are some general instructions on how to complete a Performance Program/Evaluation.

Instructions on completing a Performance Program

Every staff member is required to have a Performance Program (as per the Agreement between the State of New York and the United University Professions (2016-2022) Appendix A-28). A Performance Program sets the duties, responsibilities, and objectives for the employee. 

Performance Program– all five (5) tabs must be completed when the performance program is created. Secondary sources must be indicated. Identify five (5) or more. Both the staff member and supervisor need to sign the performance program.

Establishing a Performance Program:

• Preliminary discussion (not via email) occurs between the employee and supervisor regarding duties and responsibilities
• Identify the secondary sources (minimum of three (3) for regular performance programs and five (5) for permanent appointment recommendations) and their functional relationship (ex. colleague) to the employee. Secondary sources may include individuals, offices and agencies. They may be consulted as part of the evaluation process. Secondary sources should be only solicited when the employee is evaluated at year-end. They are not contacted at the time when performance programs are being created.
• Supervisor creates the Performance Program (based on discussion) and sends copy to the employee electronically via HRETS. The employee make may suggestions for changes.
• Both supervisor and employee electronically sign the Performance Program. The employee signature only indicates that they have read the document. The employee may attach a statement or write a comment in the Performance Program within 10 days if they object to any part of the program. Ultimately the supervisor has the final authority in determining the Performance Program. Contact Human Resources immediately for guidance if the staff member refuses to sign. A program is not complete until both parties sign.
• Performance Programs and Evaluations should only be for one (1) year intervals not for two (2) or three (3) year intervals.
• Performance Programs may not be retroactive. They go into effect at the time they are signed so the Performance Program effective dates should be in close proximity to when the document is being signed.

An employee should receive a new Performance Program annually. Even if responsibilities don’t change, the Performance Program must be updated annually to reflect the new effective dates of the program and updated goals. Programs must also be updated any time there is a change in duties, responsibilities, or supervisor. Therefore, the effective dates of the performance program do not need to match the employee’s contract dates. The Performance Program will be the basis for contract renewals, the annual evaluation of the employee, permanent appointments, salary increases and promotions, Extra Service and Also Receives reviews and approvals and Telecommuting Program Application.

Instructions on completing an Evaluation

An annual Evaluation should be completed toward the end of the performance program effective period.

Employee evaluations are a continual process carried out on a daily basis. Formal evaluation should be the annual expression of this ongoing process. The basis for requiring periodic evaluations of professional employees is contained in Article XII of the Policies of the Board of Trustees, under Title C, §4(a) which states:

“Each professional employee in the Professional Services Negotiating Unit shall have their performance evaluated by the employee’s immediate supervisor formally, in writing, once each year during the term of appointment and as changing conditions warrant, except where the employee is serving a final year in the University following notice of non-renewal. Such evaluation shall be based on a performance program determined by the immediate supervisor after consultation with the employee, a copy of which shall be given to the employee.”

The system does allow for quarterly and mid-year reviews. Although not required, it’s recommended that new supervisors conduct either a quarterly or mid-year with employees that have been assigned to them. It’s an important tool for both the supervisor and staff they supervise. It allows for supervisors to address performance issues, work out a plan to help employees improve, get feedback from employees, recognize employee success and discuss innovations. Don’t solicit secondary sources for quarterly or mid-year reviews. Save the solicitation of the secondary sources for annual evaluations

Specific provisions relating to the college’s policy for performance evaluation for professional employees are contained in the Agreement between the State of New York and the United University Professions. This can be found in Appendix A-28 of the Agreement.

Once again the annual evaluation should only be completed toward the end of the performance program period.

Importance of creating and establishing a Performance Program:

The Performance Program serves as the basis for:

• Year-end/annual evaluation of the employee
• Contract Renewals
• Permanent appointments
• Salary increases
• Promotions
• Extra Service and Also Receive reviews

Thank you for your assistance and cooperation. If you have any questions, please contact Human Resources.

PURCHASE COLLEGE

Workplace Violence[1] Prevention Policy

SECTION I – Workplace Violence Prevention Policy

Purchase College, including any of its off-site locations (hereafter Purchase College property), is committed to providing a safe workplace/learning environment. Purchase College will respond promptly to threats, acts of violence, and acts of aggression against its employees, including those of domestic violence (see related Purchase College “Domestic Violence and The Workplace Policy”). This policy sets forth standards for employee conduct and guidelines for reasonable precautions. The accompanying procedures outline responses to threats or violence, should they occur in the workplace. (Note: This policy shall not act to abridge, modify or in any way limit the administration of the Federal laws and/or of the State of New York.)

Prohibited Conduct:

A. Purchase College has a Zero Tolerance Standard with respect to acts or threats of violence in the workplace. The workplace is further defined as the Purchase College property, which also includes its grounds, perimeters, and sidewalks or while in transit to its off-site locations, parking facilities or local mass transit or otherwise while in work status.

B. No person may engage in violent conduct or make threats of violence, implied or direct, including acts of domestic violence, on Purchase College property or in connection with college business or employment. This includes but is not limited to:

• The use of force with the intent to cause harm, e.g. physical attacks, any unwanted contact or touching including but not limited to spitting, pushing, hitting, fighting, or throwing objects;
• Behavior that diminishes the dignity of others through gender, sexual, sexual orientation, racial, religious or ethnic harassment;
• Acts or threats which are intended to intimidate, harass, threaten, bully, coerce, or cause fear of harm whether directly or indirectly; and,
• Acts or threats made directly or indirectly by oral or written words, gestures or symbols that communicate a direct or indirect threat of physical harm including the use of a third-party, making internal or external phone calls, sending mail, packages, faxes or emails, tampering with a computer, other equipment or motor vehicle, repeated, malicious verbal mistreatment, attempting to intimidate, or intentionally inflicting emotional distress.
• Engaging in behavior that subjects another to extreme emotional distress;
• Carrying, possessing, or using any firearm, explosive or other dangerous weapon on College property or in College buildings or facilities without legal authority; and,
• Taking retaliatory action against anyone acting in good faith who has made a complaint of workplace violence, a potential workplace violence incident, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is in violation of this policy. 

C. In accordance with SUNY policy, no person, except authorized University Police Officers, other local, state and federal Police Officers with jurisdiction (example: Rye Brook, Harrison, and NYS Police) and Peace Officers in the line of duty, may carry, possess or use any weapon on Purchase College property or in its buildings or facilities.

Workplace Violence Advisory Committee:

A. The President, or her designee, shall cause to establish a Workplace Violence Advisory Committee, which shall be chaired by the University Chief of Police or approved designee. This committee will:

• Perform a risk evaluation[2] of the workplace to determine the presence of factors or situations that might place employees at risk of workplace violence;
• Assess the campus’ readiness to address violence and domestic violence in the workplace;
• Facilitate appropriate responses to reported incidents of workplace violence;
• Assess the potential problem of workplace violence;
• Evaluate incidents to prevent future occurrences;
• Utilize prevention, intervention, and interviewing techniques in responding to workplace violence;
• Develop workplace violence prevention tools (such as pamphlets, guidelines and handbooks) to assist in recognizing and preventing workplace violence on campus;
• Arrange regularly scheduled workplace violence prevention training sessions for employees; and,
• Establish subcommittees as needed.

B. This Advisory Committee shall include representative(s) from University Police, Employee Assistance Program, Human Resources, Campus Personal Safety Committees and local labor representatives. As needed, subcommittees shall be established. It is recommended that such subcommittees be chaired or co/chaired by an Advisory Committee member and, as appropriate, should include University Police, Administration, Academic Affairs, and local Labor representatives. Regional Counsel’s Office will serve as counsel to the Committee/subcommittees, as needed.                               

Workplace Violence Prevention Program:

Purchase College shall develop and implement a written workplace violence prevention program[3] for its workplaces that includes the following:

• A definition of workplace violence including the meaning of zero tolerance;
• Commitment to zero tolerance of workplace violence;
• Techniques on how to recognize and avoid workplace violence situations;
• Identification of the high risk occupations, functions and work locations;
• Importance of reporting all workplace violence incidents and procedure to do so;
• Investigations of incidents by the employer; and,
• Employee assistance

Information And Training For Employees:

Purchase College shall make the written workplace violence prevention program available, upon request, to its employees and/or their authorized representatives.

At the time of employees’ initial appointment and annually thereafter, the Purchase College shall provide its employees with the following information and training on the risks of violence in their workplace(s):

• 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:

Retaliation:

Retaliatory action against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.

SECTION II - PROCESS:

Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the Purchase College community. Workplace violence must be reported immediately to the appropriate Purchase College official (see below). Additionally, all members of the Purchase College community are encouraged to report, in the same manner, behavior they reasonably believe poses a potential for workplace violence in order to maintain a safe working environment. An employee or supervisor who fails to adhere to the requirements of this policy may be subject to administrative action including possible discipline.

Reporting Procedures:

1. Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence shall immediately call University Police local 911 Emergency Services Call Center at 914-251-6911 or Extension 6911 (from campus land line phones). Complaints can also be filed anonymously by calling 914-251-5970 or Extension 5970 (from campus land line phones) or via the Purchase College Human Resources/Reporting Workplace Violence -Anonymously website. Just click on “Workplace Violence Report (Anonymous)” link.
2. 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 their supervisor and University Police.
3. Employees are required to report any threat or act of violence that they have witnessed, received, or have been informed of, to University Police and if another employee is involved, also notify their supervisor and Human Resources.
4. Every threat must be reported immediately. Any individual believed to be a substantial threat to the health and safety of the campus community is to be reported to University Police immediately for investigation, recommendation and disposition.
5. Employees who commit a violent act or threaten to commit a violent act shall be subject to the full range of criminal/civil prosecution and/or disciplinary action, as appropriate.      
6. An individual who makes a substantial threat, exhibits threatening behavior or engages in violent acts on the Purchase College property shall be subject to removal from the campus as quickly as safety permits, and barred from campus (persona non gratis) pending the outcome of an investigation and administrative proceedings.

Employees:

1. Employees are responsible for promoting and maintaining and helping to maintain a safe work and educational environment and are required 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 verbal, telephonic or other electronic inquiries including emails, do not release information about coworkers’ schedules, home address or 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 Facilities Department or University Police;
• Never leave money, credit card, travel documents or any thing else of value in an unlocked desk or cabinet; and,
• If something is stolen, report it to University Police immediately. 

Indicators/Predictors[4]:

• Direct or veiled threats of harm including gestures, pictures or drawings;
• Intimidating, belligerent, harassing, bullying, or other inappropriate and aggressive behavior;
• Numerous conflicts and/or aggressions with supervisors and/or other employees;
• Bringing a weapon to the workplace, brandishing a weapon in the workplace, making inappropriate references to guns including claims of carrying a harmful weapon, 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.

2. Employees are required to notify University Police immediately whenever a Protective Restraining Order is granted which mentions Purchase College property, or involves a Purchase College employee, or a person working at or attending Purchase College, and provide a copy of the order to University Police (a photo would be helpful). Appropriate efforts will be made to protect the privacy and sensitivity of the information provided. It is recommended that the employee also notify their supervisor.

3. Victims or potential 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 them being subject to violence extending into the workplace, are strongly encouraged to notify their supervisor and University Police. Confidentiality will be maintained to the extent possible and/or reasonably prudent to do so.

4. Employees have an obligation to report incidents of violence and/or inappropriate conduct or behavior to their supervisor and University Police immediately.

5. Any employee or representative of employees who believes that a serious violation of a workplace violence protection program exists or that an imminent danger exists shall bring such matter to the attention of the supervisor and University Police immediately and follow-up with a written notice to them. If, following a written notice, the matter has not been resolved and the employee or representative still believes that a violation of a workplace violence prevention program remains, or that an imminent danger exists, the employee or representative should contact the Chief of University Police.

Supervisors

1. Each dean, department chairperson, director, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within their area to implement this policy.

2. Supervisors are required to contact University Police immediately in the event of imminent or actual violence involving weapons or potential physical injuries.

3. Supervisors must report to University Police immediately any complaint of workplace violence made to them and any other incidents of workplace violence of that they become aware of or reasonably believes to exist.

4. Supervisors are also 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.

5. Supervisors are also required to report any knowledge of such conduct to Human Resources immediately.

University Police:

1. University Police is responsible for:

1. Responding to;
2. Intervening;
3. Developing and providing education and prevention training in cooperation with the Environmental Health & Safety & Human Resources; and,
4. Documenting[5] all incidents of violence in the workplace.

2. University Police will immediately log all incidents of workplace violence and will notify Human Resources and the respective supervisor of an incident with their employee.

3. University Police will report all critical incidents of violence to the Administrative Chain of Command and, as appropriate (information on active criminal investigations will not be shared), the Chair of the Advisory Committee referenced herein.

4. University Police will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President 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 environment.

5. University Police officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.

6. When informed, University Police will maintain a record of any Orders of Protection and will provide escort service to members of the college community within its geographical confines, when requested as long as sufficient personnel are available. Such services are to be extended at the discretion of the Chief of University Police or designee. Only the President, her designee or the Chief of Police can authorize escort service outside of the geographical confines of Purchase College.

Department of Human Resources:

1. The Department of Human Resources is responsible for:

1. Assisting the Chief of University Police and supervisors in responding to workplace violence through the enforcement of this policy;
2. Facilitating appropriate responses to reported incidents of workplace violence;
3. Notifying University Police of workplace violence incidents reported to HR;
4. Consulting with, as necessary, counseling services to secure professional intervention;
5. Providing new employees or an employee transferred to Purchase College with a copy of the Workplace Violence Prevention Policy at the time of orientation as well as training that includes workplace violence prevention. A record of the signed receipt will be placed in each new or transferring employee’s personnel file (electronic or otherwise);
6. Reported incidents of workplace violence including but not limited to providing critical contact information to Authorities.
7. Working with University Police to ensure that all employees are provided appropriate training pursuant to NYS Labor Law §27b; and,
8. Developing supportive training programs such as conflict resolution, dispute resolution and anger management.
9. Disseminating annually this policy to all employees and posting it on the Purchase College website, as appropriate. 

Appendix A – Members of the Workplace Advisory Committee

• Mercedes Andujar– UPD - NYSCOPBA
• James McGowan – UPD –NYSPBA
• Fred Vanzillotta - UPD - NYSPBA
• Paula Rankine-Belgrave – UUP
• Sherwin Reid – CSEA
• Louis Wirtz – Associate Director, Environmental, Health and Safety
• Barbara Washington – Enrollment Services
• Mary Cozier – Health Services
• Odile Delgado – Employee Assistant Program Coordinator
• Cathy VanBomel – Counseling Center
• Ricardo Espinales – Assoc. Director of HR
• Kristi Gullen– Labor Relations Specialist - HR

[1] For what constitutes Workplace Violence see the National Institute for Occupational Safety and Health’s (NIOSH) definition in the NYS Department of Labor Division of Safety and Health’s, Workplace Violence Prevention Requirements for NYS Public Employers website.

[2] For a description of a risk evaluation visit the NYS Department of Labor Division of Safety and Health’s, Workplace Violence Prevention Requirements for NYS Public Employers website.

[3] From the New York State Department of Labor Division of Safety and Health’s, Workplace Violence Prevention Requirements for New York State Public Employers website

[4] 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

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