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Approved by Executive Council on January 6, 2004
Reapproved by Executive Council on February 3, 2009
Reapproved by Executive Council April 8, 2014
Reapproved by Executive Council August 12, 2014
Reapproved by Executive Council September 6, 2016
The State University of New York, College at Plattsburgh (SUNY Plattsburgh or the College) is an educational community bound by common standards of conduct and a commitment to ensuring a safe and supportive learning and working environment for all students, faculty and staff. This policy establishes procedures for responding to incidents of intimate partner violence (IPV), including procedures to assist reporting individuals, hold perpetrators accountable, and reduce the incidence of IPV and stalking.
2.0 Revision History
|2/3/2009||2.0||Major Revisions||Policy renamed|
|9/6/2016||5.0||Major Revisions||Policy renamed|
This Policy has been renamed from: Intimate Partner Violence and Stalking Policy (formerly Domestic Violence & Stalking Policy)
3.0 Units and Persons Affected
All college employees and all college students, as well as contractors/vendors and visitors to campus.
It is the policy of SUNY Plattsburgh that interpersonal violence will not be tolerated.
It is the policy of the College to support and assist reporting individuals in attaining the services they may need and/or to assist in reporting incidents to appropriate College offices and/or police agencies. Assisting reporting individuals includes providing them with information about all the medical, legal, and counseling services available so reporting individuals can make informed decisions and avail themselves of all the services and rights to which they are entitled. When IPV or stalking is reported, a coordinated response is initiated. Unless the reporting individual is in immediate danger, all steps taken should be discussed with the reporting individual and initiated with that person's consent.
It is the policy of the College to hold perpetrators accountable for their actions, through campus judicial or personnel procedures if appropriate, and by working with community agencies and law enforcement as appropriate.
Interpersonal violence may coincide with sexual violence in intimate relationships. (Also see the College's Policy on Sexual Harassment and Sexual Violence and Workplace Violence Prevention Policy and Procedure.)
Interpersonal Violence: Interpersonal violence is when one person uses power and control over another through physical, sexual, or emotional threats or actions, economic control, isolation, or other kinds of coercive behavior. This includes: domestic violence, dating violence, relationship violence, spousal abuse, or battering, stalking.
Intimate partner violence: Historically called "domestic violence," "intimate partner violence" describes physical, sexual, or psychological harm by a current or former intimate partner or spouse. This type of violence can occur among heterosexual or same-sex couples. Violence by an intimate partner is linked to both immediate and long-term health, social, and economic consequences. Factors at all levels — individual, relationship, community, and societal — contribute to intimate partner violence. Preventing intimate partner violence requires reaching a clear understanding of those factors, coordinating resources, and fostering and initiating change in individuals, families, and society. This may include: physical violence, sexual violence, psychological violence, stalking, and/or threats of sexual/physical violence.
Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Individual. The existence of such a relationship shall be determined based on the Reporting Individual’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the Reporting Individual, a person sharing a child with the Reporting Individual, or a person cohabitating with the Reporting Individual as a spouse or intimate partner.
Stalking: A pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a reasonable person (or others important to that person) to fear or suffer: death; assault; bodily injury; sexual assault; involuntary restraint; damage to property; confinement. The individual knows or should know that such conduct is likely to cause reasonable fear of material harm to physical health, safety, or personal property of such person, a member of such person's family, or a third party with whom the person is acquainted. Stalking can involve a range of behaviors including, but not limited to: following someone on foot or in a car; showing up at a reporting individual's place of work; repeatedly calling; sending flowers and gifts; contact through e-mails or letters; breaking into the reporting individual's home or car; homicide. Many, but not all, of the behaviors involved in IPV or stalking violate New York State law. (This policy is not intended to substitute for or supplant those laws.)
New York State Penal Law sex offenses include:
6.0 Interpersonal Violence Student's Rights
In accordance with the Students' Bill of Rights:
You have the right to:
Options in Brief
Students have many options that can be pursued simultaneously, including one or more of the following:
Reporting individuals shall have the right:
To disclose the incident to one of the following college officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources. Those officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the institution from retaliation, and to receive assistance and resources from the institution. These college officials will disclose that they are private and not confidential resources, and they may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Coordinator. They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement or district attorney:
Title IX Coordinator- Butterfly Blaise
To file a criminal complaint with University Police and/or with local law enforcement:
To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with College policy. (More information here.)
To report to Human Resource Services (HRS) when the accused is an employee, a reporting individual may request that one of the above referenced confidential or private employees assist in reporting to Human Resource Services. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter via University Police, subject to legal requirements and college policy.
You may withdraw your complaint or involvement from the College process at any time.
Protection and Accommodations:
Reporting individuals shall have the right:
Title IX Coordinator – Butterfly Blaise
SUNY Plattsburgh is committed to conducting an adequate, reliable, and impartial investigation of reports and complaints of interpersonal violence in a timely manner. The Title IX Coordinator is responsible for overseeing and coordinating many aspects of this response. All employees identified as Responsible Employees are required to promptly and fully report all information about the alleged or suspected interpersonal violence to the Title IX Coordinator.
When the Title IX Coordinator receives a report alleging actual or suspected interpersonal violence, they will do the following:
Purpose of an Investigation
SUNY Plattsburgh will conduct an investigation into allegations of interpersonal violence that occur within the SUNY Plattsburgh Campus Community or have an effect on the SUNY Plattsburgh Campus Community. The purpose of an investigation:
Upon receipt of a report alleging interpersonal violence, the Title IX Coordinator or a designee will assess whether a formal Title IX investigation will be conducted under this policy; that is, whether the allegations in the initial report(s), if true, would constitute prohibited interpersonal violence in accordance with SUNY Plattsburgh policy. This preliminary review, including any necessary interviews to be conducted any and any interim measures to be put in place will usually be completed within 10-12 days of receipt of the complaint.
Investigation Process for Reports when the Accused/Respondent is a Student
If the Title IX Coordinator determines that an investigation is necessary, the following will occur, in no particular order:
Investigation Process when the Accused/Respondent is an Employee
When the accused is an employee, the investigation will be conducted by the Title IX Coordinator and Office of Human Resources in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the college, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and institutional policy.
Student Conduct Process:
Reporting Individuals shall have the right:
Student Conduct Office:
Location: 602 Kehoe Administration Building
Phone: (518) 564-3282
Fax: (518) 564-3284
7.0 Responsibilities and Procedures
The Title IX Coordinator, the Student Conduct Office, the Office of Housing and Residence Life, the Student Health and Counseling Center, the Office of Human Resource Services, and employees and students will support and assist (with the reporting individual's consent) reporting individuals of domestic violence, dating violence, stalking or sexual assault, to report any incident to campus authorities, law enforcement agencies, and to contact the local sexual assault agency and/or the SUNY Plattsburgh Student Health and Counseling Center. In order to provide for the needs and care of reporting individuals, as well as to enforce behavior standards critical to our educational mission, it is important that all violations of this policy are reported to appropriate authorities, including the law enforcement officials or agencies with jurisdiction in the location of the incident and to the Vice President for Student Affairs. (See flowchart in Appendix B below).
When a reporting individual of sexual violence is identified or comes forward, there are three possible processes that person can engage to seek remedy. A reporting individual has the choice to be involved in one, two, or all three processes.
The three processes include:
In all known cases, the Title IX Coordinator is charged to ensure that whatever path the reporting individual takes, including not participating in any formal process, SUNY Plattsburgh is in compliance with Title IX. Any and all procedures that the college offers, including judicial proceedings, must provide prompt and equitable resolution. A Title IX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the college of its independent Title IX obligation to determine if there is a sexually hostile environment. If the complainant requests confidentiality or asks that the complaint not be pursued, the college will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue investigation. The college may weigh the request for confidentiality against factors such as: the seriousness of the alleged incident; the complainant’s age; whether there have been other sexual harassment or violence complaints about the same individual; and the accused's rights to receive information about the allegation if the information is maintained by the school as an “education record” under FERPA. (See further information in Appendix C: Confidentiality.)
College Title IX investigations and/or disciplinary procedures will:
College Employees (when informed of an incident of sexual violence) should:
Title IX Coordinator will:
Student Health and Counseling Center will:
University Police will:
Vice President for Student Affairs Office will:
Office of Housing and Residence Life Staff will:
Student Conduct Office will:
Human Resource Services will:
9.0 Retaliatory Harassment
An employee or student who participates in any of the sexual harassment or sexual violence reporting procedures has the right to do so without fear of or actual retaliation. It will be made clear to Respondent that retaliation against an employee or a student who has filed a complaint, or against any witness, will result in appropriate sanctions or disciplinary action as covered by College policies or applicable collective bargaining agreements. These sanctions will be invoked for retaliation regardless of the merits of the original complaint.
10.0 Prevention Efforts
SUNY Plattsburgh believes that sexual violence prevention training and education cannot be accomplished via a single day or a single method of training. To that end, the college will provide the opportunity for continuing education for all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintaining a culture where sexual assault and acts of violence are not tolerated.
Student Onboarding and Continued Education
All new first-year and transfer students will, during the course of their onboarding to SUNY Plattsburgh, receive training on the following topics, using a method and manner appropriate to the college culture:
The onboarding process is not limited to a single day of orientation, but recognizes that students enroll at different times. SUNY Plattsburgh will conduct these trainings opportunities for all new students, whether first-year or transfer, undergraduate or graduate. SUNY Plattsburgh shall use multiple methods to educate students about sexual violence prevention. SUNY Plattsburgh will also share information on sexual violence prevention with parents of enrolling students. Students at SUNY Plattsburgh shall be given opportunities for general and specialized training in sexual violence prevention. We will conduct a campaign, compliant with the requirements of the Violence Against Women Act (VAWA), to educate the student population. Further, we will, as appropriate, provide or expand specific training to include groups such as international students, students that are also employees of the campus, leaders and officers of registered/recognized student organizations, online and distance education students, and we will provide specific training to members of groups identified as likely to engage in high-risk behavior. Student leaders and officers of registered/recognized student organizations, and those seeking recognition, must complete training on sexual violence prevention as part of the approval process. Student-athletes must complete training prior to participating in intercollegiate athletics.
The Title IX Coordinator or designee will conduct periodic assessments to:
Law enforcement employees, Title IX Coordinator, and all persons involved in implementing grievance procedures (investigators and adjudicator) must receive training on what constitutes sexual harassment, including sexual violence, and the Title IX grievance procedure. Training must include applicable confidentiality requirements. Additionally, all SUNY Plattsburgh Employees must complete annual training in regards to sexual harassment and gender discrimination.
Examples of Methods of training and education on campus:
If a reporting individual talks to you or seeks your help, you should ensure the reporting individual's safety. First responders are expected to follow general guidelines for creating a comfortable environment:
In all cases, first responders will inform the VP for Student Affairs or the appointed designee of the date, time and location of the incident on a Clery Crime Incident Report Form. This report to the VP Student Affairs can be done without naming the reporting individual. See report form in Appendix B.
SUNY Plattsburgh wants you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this appendix is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
Privileged and Confidential Resources:
Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At SUNY Plattsburgh, these include:
Student Health and Counseling Center
Phone: (518) 564-3086
Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):
Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
Sexual Assault Services (Planned Parenthood of the North Country New York, Inc.)
Talk to an advocate 24/7
Phone: (877) 212-2323
STOP Domestic Violence
Talk to an advocate 24/7
Phone: (888) 563-6904
Off Campus health care providers include:
Planned Parenthood of the North Country New York, Inc.
Phone: (518) 561-4430
66 Brinkerhoff Street, Plattsburgh
The University of VT Health Network - Champlain Valley Physicians Hospital (CVPH): Sexual Assault Nurse Examiners (SANE) Room
75 Beekman Street, Plattsburgh (corner of Beekman & Cornelia)
Phone: (518) 562-7370 or 911
Also, an evidence kit may be collected here and only here.
Note: This examination is covered by the Office of Victim Services (OVS). Neither the examination nor any laboratory assessments should be charged to the patient’s insurance.
The New York State Office of Victim Services may also be able to assist in compensating victims/survivors for additional health care and counseling services, including emergency compensation. More information may be found here and options are explained here.
Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others and the mandatory reporting of child abuse.
Privacy versus Confidentiality
Even SUNY Plattsburgh offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. SUNY Plattsburgh will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
Requesting Confidentiality: How SUNY Plattsburgh Will Weigh the Request and Respond
If you disclose an incident to a College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.
We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the following office can serve as a primary point of contact to assist with these measures:
Title IX Coordinator – Butterfly Blaise
We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed. We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the College’s failure to act may result in harm to you or other members of the College community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, the College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
• Whether the accused has a history of violent behavior or is a repeat offender;
• Whether the incident represents escalation, such as a situation that previously involved sustained stalking;
• The increased risk that the accused will commit additional acts of violence;
• Whether the accused used a weapon or force;
• Whether the reporting individual is a minor; and
• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group.
Public Awareness/Advocacy Events: If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the College is not obligated to begin an investigation. The College may use the information you provide to inform the need for additional education and prevention efforts.
Institutional Crime Reporting: Reports of certain crimes occurring in certain geographic locations will be included in the College Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual.
SUNY Plattsburgh is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual). A reporting individual will never be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, the College will not share information about a report of sexual violence with parents without the permission of the reporting individual.
Non-Discriminatory and Responsive Personnel Policies for Victimized Employees
SUNY Plattsburgh shall ensure that personnel policies and procedures do not discriminate against reporting individuals of intimate partner violence and are responsive to the needs of reporting individuals.
New York State law makes it a crime for employers to penalize an employee who, as a reporting individual or witness of a criminal offense, is appearing as a witness, consulting with a district attorney, or exercising individual 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 reporting individuals or subpoenaed witnesses to exercise individual 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 reporting individuals or subpoenaed witnesses, contact the Executive Director of Human Resource Services or the Attendance and Leave Unit at the Department of Civil Service.
SUNY Plattsburgh, upon request, will assist the employee in determining the best use of individual attendance and leave benefits when an employee needs to be absent as a result of being a reporting individual of intimate partner violence. If an employee requests time off to care for and/or assist a family member who has been a reporting individual of intimate partner violence, SUNY Plattsburgh 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.
SUNY Plattsburgh understands that reporting individuals of intimate partner violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety. Therefore, the Executive Director of Human Resource Services will consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise individual 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, SUNY Plattsburgh may choose to consult with the Attendance and Leave Unit at the Department of Civil Service when questions arise.
Employees who are reporting individuals of intimate partner violence and who separate from a spouse (or terminate a relationship with an intimate 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.
SUNY Plattsburgh will not make inquiries about a job applicant's current or past intimate partner violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure. NYS has established that reporting individuals 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 any individual based on their status as a reporting individual of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment.
In cases in which it is identified that an employee's work performance difficulties are a result of being a reporting individual of intimate partner 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. SUNY Plattsburgh 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.
If reasonable measures have been taken to resolve intimate partner 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 intimate partner violence related issues, and the employee conveys to SUNY Plattsburgh that the separation is due to these intimate partner violence issues, SUNY Plattsburgh shall inform the employee of his or her 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 reporting individual of intimate partner violence who voluntarily separates from employment may, under certain circumstances, be eligible for unemployment insurance benefits. [§593 of NYS Labor Law.]
SUNY Plattsburgh’s Responsibility
SUNY Plattsburgh believes that intimate partner violence is behavior that cannot be tolerated and, to that end will, actively provide information and support to employees who are reporting individuals of such abuse.
SUNY Plattsburgh will disseminate copies of this Intimate Partner Violence to all employees upon implementation and to all new employees upon hiring or appointment.
SUNY Plattsburgh encourages all employees to review and follow this policy and the procedures set forth herein.
SUNY Plattsburgh will, consistent with applicable law and campus policy, document all incidents of intimate partner 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 detailed below.
All SUNY Plattsburgh employees providing intimate partner violence information and support services shall document, consistent with applicable law and agency policy, the number of employees who report intimate partner 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 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.
The designated liaison to System Administration shall, consistent with applicable law and SUNY Plattsburgh policy, provide information about the number and general nature of intimate partner violence incidents that happen in the workplace, the number of employees who report intimate partner 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.
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 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 reporting individual of intimate partner 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. Information to be Included in Campus Postings Regarding Intimate Partner Violence and the Workplace.
At a minimum, the following information shall be provided to current employees and new employees and included in posters posted in areas where employment information is ordinarily posted:
Information regarding intimate partner violence and available resources in the work site. Such information shall include available sources of assistance such as Employee Assistance Program, local intimate partner violence service providers, the NYS Domestic Violence and Sexual Assault hotline, and/or personnel who are trained and available to serve as confidential sources of information, support, and referral. Additionally, the posters may include information regarding domestic violence programs located on the OPDV website http://www.opdv.state.ny.us/
A statement informing employees that New York State law prohibits insurance companies and health maintenance organizations from discriminating against intimate partner violence reporting individuals or designation of intimate partner violence as a pre-existing condition [§2612 of the Insurance Law].
Additionally, SUNY Plattsburgh shall integrate information on intimate partner violence and this Intimate Partner Violence policy into existing materials and literature, policies, protocols, and procedures, including the Public Employer Workplace Violence Prevention Programs as appropriate.
Workplace Safety Plans
By means of an intimate partner violence workplace safety response plan, SUNY Plattsburgh shall make employees aware of their options and available resources and help employees safeguard each other and report intimate partner violence to designated officials.
The designated liaison between SUNY Plattsburgh and SUNY System Administration is the Executive Director of Human Resource Services. This liaison 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.
Additionally, the following individuals/offices are designated as available to support those in need of assistance concerning intimate partner violence:
University Police at campus extension 564-2022 or 911
The Office of Human Resource Services 564-5062
Title IX Coordinator 564-3281
Center for Student Health and Psychological Services 564-2187
SUNY Plattsburgh complies with enforcement of all known valid court orders of protection that are brought to the attention of SUNY Plattsburgh. SUNY Plattsburgh shall comply with Federal and State Law when information is requested by intimate partner violence reporting individuals or law enforcement regarding an alleged violation of an order of protection.
SUNY Plattsburgh will discuss with a known reporting individual of intimate partner violence the limitations on confidentiality under New York State Law (See Section VII [h]; NYS Agencies Responsibility d – g).
SUNY Plattsburgh shall take actions to assist in mitigating reoccurrence of intimate partner violence in an effort to protect all individuals including the reporting individual. These actions may include, but are not limited to:
advising residence life staff and/or co-workers and, upon request, the employee's bargaining representative, of the situation;
setting up procedures for alerting University Police;
temporary relocation of the reporting individual to a more secure area;
options for voluntary transfer or relocation to a new work site or residence hall room;
change of work or class schedule
escort for entry to and exit from the building;
addressing telephone, fax, e-mail or mail harassment;
maintaining and/or distributing a photograph of the abuser
maintaining a copy of any existing court orders of protection in a confidential location within University Police.
terminating proximity card access or collecting college facilities keys for/from suspended/terminated employees/student.
SUNY Plattsburgh will address any additional concerns raised by a situation in which both the reporting individual and responding individual are employed by SUNY Plattsburgh.
Accountability for Employees Who Are Offenders
SUNY Plattsburgh will hold employees accountable for engaging in the following behavior: (1) using state resources to commit an act of intimate partner violence; (2) committing an act of intimate partner 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 reporting individuals and/or assist responding individuals in locating a reporting individual and/or in perpetrating an act of intimate partner violence.
In cases in which SUNY Plattsburgh 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.
In cases in which SUNY Plattsburgh has verification that an employee is responsible for an intimate partner violence-related offense, or is the subject of any order of protection, including temporary, final or out-of-state order, as a result of intimate partner violence, and said employee has job functions that include the authority to take actions that directly impact reporting individuals of intimate partner violence and/or actions that may protect abusers from appropriate consequences for their behavior, SUNY Plattsburgh shall determine if corrective action is warranted, in accordance with existing collective bargaining unit agreements, statutes and regulations.
In cases in which any employee intentionally uses her/his job-related authority and/or intentionally uses state resources in order to negatively impact a reporting individual of intimate partner violence, assist an abuser in locating a reporting individual, assist an abuser in perpetrating acts of intimate partner violence, or protect an abuser from appropriate consequences for his behavior, said employee may be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statutes and regulations.
Pursuant to New York State and federal law, a person convicted of an intimate partner 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.
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 an intimate partner 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.
Should an employee fail to comply with the requirements set forth in this policy 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.
Accountability for Students Who Are Offenders
SUNY Plattsburgh will hold students accountable who are found to be responsible for violating the College’s rules and regulations pertaining to Intimate Partner Violence and Stalking, as referenced in Section 26.02 and 26.03 of College Regulations contained in the Student Conduct Manual. Each case will be adjudicated on its own merits and those students found responsible will be sanctioned as appropriate based upon the severity of the case and after an evaluation of any past violations of College Rules and Regulations, those of similar circumstances and those of differing circumstance, by the accused student in question.
For more information about Administrative Policies approved by Executive Council, please contact:
Sean Brian Dermody
Assistant to the Vice President for Administration
Management Services Office
Office: Kehoe 710-11
Phone: (518) 564-2539
Fax: (518) 564-2540