Purchasing and Accounts Payable

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

NET Card Policies

Purchase College - SUNY

NET Card Usage Policies and Procedures

(Updated August 21, 2019)

Introduction:

In association with Citibank, the State of New York has developed a NY State Non-Employee Travel Card (hereinafter referred to as NET card) for use when official travel involves non employees. The Card enables departments to provide for travel and travel related expenditures involving non-employees such as students and coaches. From the College viewpoint, it works like a debit card. From a supplier’s viewpoint, it is a Visa Card, and is processed like any other credit card. The NET card delegates purchasing authority to the department. The card enables faster procurement with a minimum of paperwork. Naturally, as with all card transactions, there are restrictions that apply to usage of the NET Card.

In order to be delegated authority, the Cardholder has to undertake some responsibility. Naturally, the Cardholder has to protect the NET Card, just as they protect their own personal credit cards. The Cardholder has to agree to use the NET Card responsibly. They must retain the transaction records for audit purposes. The Cardholder must attach the transaction records to their Recap statement and Citibank monthly statement and submit them to their supervisor/account manager for review and approval. The department head indicates approval by signing (and dating) your monthly Recap form. After the supervisors/account manager’s approval the Recap form, monthly statement, and transaction backups (receipts, invoices etc.) must be submitted to Accounts Payable on a timely basis. Note: The Cardholder should always keep copies of their monthly Citibank statement, Recap form and backup records.

Issuance (Steps to Acquiring a NET Card):

1. Employee requiring NET card sends e-mail to Supervisor requesting authorization for card.
2. Supervisor grants approval (including employee name, department, phone number and default account number), forwards request to area Vice President and copies Director Purchasing/AP and employee.
3. Vice President grants approval, replies to Supervisor and copies Director Purchasing and Accounts Payable.
4. Director Purchasing/AP forwards authorization to NET card coordinator.
5. NET card coordinator contacts card recipient and sets up necessary training and documentation issuance meeting.
6. Training and Card Holder Responsibilities:

1. Prior to card issuance, the Cardholder should be trained in card usage and given a copy of the NET card policies and procedures and they should sign an acknowledgement form regarding training and receipt of the policies and procedures. The training is provided by Purchasing and Accounts Payable staff.
2. The Cardholder has to protect the NET card, just as they protect their own credit cards.
3. The Cardholder has to agree/attest, in writing, to use the NET card responsibly.

Card Usage Requirements:

(1) NET Card – Acceptable Use

The NET card is used for the following;

• Lodging charges (for students, current faculty/staff accompanying students and some employment candidates). All lodging expenses must be in compliance with New York State guidelines rates which are available at https://www.gsa.gov/node/86696?contentType=GSA_BASIC&contentId=17943

Only actual, necessary and reasonable expenses are eligible for reimbursement.

(2) Who Should Have a NET Card?

Any College employee that;

1. Organizes trips for and/or travels with students for College purposes.
2. Brings “guests” to campus for business purposes.
3. The NET card is the only Citibank card that can be treated as a “department” However the card is assigned to a single state employee who is responsible for usage and reporting regarding the NET card.

Monthly Reporting:

1. Purchasing and Accounts Payable staff access monthly transaction advice on the 6^th of the following month (the payment due date is the end of this month).
2. Purchasing and Accounts Payable staff send advice to the Cardholders to submit documents within one week.
3. The Cardholder must attach the transaction records to their monthly Statement from Citibank and submit them (with the Recap form, statement on purpose of expenditure including list of attendees if applicable, and all itemized receipts and invoices) to their department head/supervisor for review and approval.
4. The department head/supervisor indicates approval by signing and dating the Recap form.
5. The Cardholder/or department designee is responsible for submitting the Citibank statement, Recap form, statement on purpose of expenditure including list of attendees if applicable, and all itemized receipts and invoices within one week after receiving advice from Purchasing/AP.

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.

Pursuant to the Department of Education’s 2024 Title IX Final Rule, the following are additional protections and expanded definitions applicable to incidents occurring on or after August 1, 2024:

Sex-based harassment is defined as: sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions.

Sexual-based harassment may include:

(1) Quid pro quo harassment. An employee, agent or other person authorized by Purchase’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

(2) Hostile Environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Purchase’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following: (i) the degree to which the conduct affected the Complainant’s ability to access Purchase’s Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within Purchase’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other Sex-Based Harassment in Purchase’s Education Program or Activity;

(3) Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent;

(4) Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii)the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

(5) Domestic Violence means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of New York, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or Domestic Violence laws of New York; or

(6) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.

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

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

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.

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.

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 Resources 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.

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 a referral to the Office of Community Standards and will be reviewed as a violation of the Student Code 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.