Public Safety / Security Department

BUILDING USE POLICY
2 Court Square

Download pdf version of the Building Use Policy

I. General Statement

In accordance with CUNY Policy on Use of Facilities, the following guidelines provide information regarding the appropriate use of the CUNY School of Law facilities at 2 Court Square. Failure to comply with these guidelines, including damage to Law School property or conducting activities that infringe on the rights of others, may result in cancellation of the event, loss of use privileges, additional charges, and/or referral to other University agencies for appropriate action.

CUNY Law reserves the right to cancel any function before or during the activity, if the security and safety of the building and/or its occupants are threatened. For all events, the sponsoring groups will be held responsible for the conduct of those attending the activity. CUNY Law staff on duty will cooperate with the designated person to seek responsible action, but retains the ultimate authority if the activities are not being controlled according to CUNY Law and University standards. In addition, CUNY Law reserves the right to remove from its premises any person or persons who fail to comply with a lawful directive from a member of the Law School security personnel or administrative staff.

II. Use of Facilities

1. Categories and Priority of Users

First priority for use of rooms in the Facility shall be given to CUNY Law departments, divisions, programs and offices for curricular, administrative and other college purposes. Thereafter, priority shall be in the order set forth below. CUNY Law is not required to make its facilities available to users who fall into the commercial, partisan political, or other users category, but shall permit use under the categories specified.

a) Users affiliated with the college, including:

(i) Recognized student organizations,
(ii) Academic or professional organizations made up of persons on the college staff, provided each such organization is open to all members of the staff of such rank or ranks as are admitted to membership,
(iii) Other recognized organizations drawing membership without restriction from the membership of the college staff, or
(iv) Auxiliary enterprise corporations, college associations, child-care centers, arts centers, foundations and alumni associations.

b) Sister colleges of the University.
c) Other academic or professional organizations.
d) Government agencies and non-profit organizations of an educational, scientific, cultural, social, civic, religious, or similar nature.
e) Commercial, partisan political and other users.

Users in each category shall be treated on a uniform basis. Use by union organizations shall be governed by the applicable collective bargaining agreement with the University.

2. Denial of Use

The Law School shall deny use to:

a) Users who refuse to employ at their event the security personnel required by the Law School.

b) Users who previously submitted a false application or that have previously violated the terms of a use agreement.

c) Users who plan to use the facilities in a manner that obstructs or disrupts operations, interferes with freedom of movement on campus, exposes persons or property to safety hazards or risk of injury, or is unlawful.

Any individual whose presence in the Building at any time shall, in the reasonable judgment of the Director of Public Safety, be prejudicial to the safety, security of the Building may be denied access to the Building or may be removed from the Building. Any person who fails to comply with any lawful directive of public safety or administrative personnel may be denied access or removed from the Building.

3. Fees

Fees for the use of the facilities shall be established by the School of Law. The School reserves the right to vary the fee for a particular facility based on the category of user. Additional services, such as extra housekeeping, security, catering, technicians, or equipment, shall be charged to the user at cost. The amount charged to affiliated users and sister colleges should not exceed the host college’s direct costs for use of the facility. If the affiliated user or sister college is co-sponsoring an event with one or more outside organizations, the amount charged should be limited to that which may be apportioned to the outside organizations and which the host college would charge if it were the co-sponsoring college. The use of CUNY Law facilities may be subject to reasonable time, place and manner restrictions.

4. Procedures

Applications for use of the facilities shall be on a form provided by the School of Law. Use shall comply with all applicable University and college rules and policies, and applicable local, state and federal laws. All facility users shall: assume full responsibility for any loss, damage or claims arising out of their use of the facility; Pay the appropriate use fee and other charges for the use of the facility and related services and Indemnify, defend, and hold harmless the University, the Law School, the Dormitory Authority of the State of New York, the State of New York, the City of New York and the appropriate University related entity (where applicable), as well as their officers and employees, from any liability arising out of the actions of the user, its agents, employees and invitees, incidental to the use of the facility by the user. Users may be required to provide evidence of appropriate and adequate insurance protection covering property damage, personal injury, or death arising out of the use of the facility. The chief administrative officer of the college may waive this requirement for government agencies and not-for-profit users upon a determination that there is minimal risk exposure to the college from the event

III. Supervision of Use

The use and scheduling of facilities shall be under the control and supervision of the Associate Dean for Administration and Finance, or his or her designee(s). All rooms, other than individual offices and workspaces, must be reserved through the reservation process. Rooms will be reserved on a first come, first served basis.

Hours

The Law School facility is open 24/7 for academic purposes. Events authorized in the facility must begin and end at specific and defined times, unless authorization and arrangements have been made with the Operations Department to extend the time.

Lounges and Commons Area

Lounges, small group study areas and commons areas in the facility are spaces designed for relaxation, studying or visiting and are intended for the use and enjoyment of the Law School community. These areas may not be restricted for individual or private use unless reserved through the reservations process. Recognized student organizations and University departments may apply for special use of the lounges through the reservations process.

Catering

The Law School reserves the right to require the use of a specific caterer or vendor for food and beverage service at the Facility.

Distribution and Consumption of Alcohol

Alcoholic beverages may only be consumed in designated areas.

Weapons/Firearms

No one entering the Building may carry or possess a firearm or other weapon unless expressly authorized to do so in writing by the Director of Public Safety.

Publications and Newspaper

Racks All magazines and newspapers must be placed in approved distribution stands. Distribution stands may be placed in designated areas only with the written approval of the Associate Dean for Administration or her/his designee. All distribution stands will be located in specifically designated locations. Outdated materials will be discarded. Materials without proper approval or improperly placed will be discarded.

Nothing in the foregoing procedures shall be construed to permit censorship of material or interference with free communication between employees and their organizations through the college or through other means or to diminish the existing right of employee organizations to distribute literature outside the college.

Posting Materials

Materials may only be posted in designated areas approved for the posting of materials. Materials improperly placed will be discarded.

Fire Code Room Limits

Reserved space may not exceed occupancy capacity as determined by applicable fire code requirements. If an event exceeds the occupancy limit, the event coordinator will be asked to help evacuate the necessary number of people to reach the appropriate limits. If necessary, the event will be stopped until enough people leave the venue to reach appropriate levels. If this does not work, the event will be canceled.

Candles and Open Flames

Candles, incense or open flames of any kind are not permitted inside the Law School building.

Roller Blades, Skateboards, Bicycles

Roller blades, skateboards, bicycles, and similar devices are not allowed in the Law School facilities. Bicycles must be stored in authorized bike racks only.

Obstructing Sidewalks

Sidewalks, entrances, corridors and exit, shall not be obstructed or encumbered by refuse or otherwise, and sidewalks, entrances, corridors and exits shall not be used for any purpose other than ingress or egress to and from the building.

ID Cards

Identification cards are issued by the Law School and remain its property. ID cards must be carried at all times when in the building. Lost or stolen cards must be reported to the Department of Public Safety immediately and replaced.

Pets/Animals & Vehicles

Pets and animals of any kind are not allowed in the facilities, with the exception of service animals.

Food Deliveries

All food deliveries must be picked up at the main public safety desk located on the first floor. Restaurant employees will not be permitted to access upper floors.

Visitors

All visitors must sign in at the Security desk in the main lobby. Visitors must be escorted to and from the workspace that they are visiting and sign out.

IV. Workspace Use Guidelines

Workspaces are to be utilized for legitimate business and academic activities, meetings, gatherings, and functions consistent with the recognized purpose of the departmental unit and the curricular and co-curricular mission of the Law School. It is expected that all staff and guests maintain an attitude of respect and civility and respond in a professional manner to students, staff, faculty, alumni and guests. Sleeping, overnight stays, or using the workspace as a place of residence in any way by any individual is prohibited.

Keys

Keys will be allocated to each person assigned a lockable workspace space. All keys must be returned at the end employment or upon separation from the particular department. If moving to a different workspace, the original workspace key(s) must be returned to the Public Safety Office.

Plants

A reasonable number of live houseplants may be maintained in workspaces. Plants may not be placed in common areas without authorization from the Associate Dean for Administration.

Workspace Cleanliness

Good standards of housekeeping are expected at all times. Faculty and staff will help the custodial staff with the task of emptying trash and cleaning floors by putting trash into wastebaskets and keeping floors clear. Food items should not be left out. No occupant shall permit rubbish or garbage to be stored anywhere in or outside of their workspace.

Noise Levels

Music must be played at reasonable levels and contained in offices or leased areas. No loud or disturbing noises or objectionable odors shall be produced upon or emanate from workspaces.

Smoking

No smoking or use of any tobacco products or electronic cigarettes is permitted in the Building or within 25 feet of any entrance to the Building.

Refrigerators/Freezers

Appliances, including refrigerators, freezers, and microwaves are permitted in authorized areas only. Cooking appliances, such as hot plates and coffee makers, and space heaters are not permitted. No one shall permit or keep any inflammable, combustible, or explosive material, chemical or substance in their workspace.

Loss of Valuables

Individuals must take every reasonable precaution to protect him or her from loss or damage of valuables. Do not store valuable personal possessions in your workspace. The Law School shall accept no responsibility for the theft or loss of monies, furnishings, equipment, supplies, valuables, or other effects owned or in the possession of an employee or guests thereof.

Green Building

The Law School building is a “green” building that has achieved Gold LEED certification. Access to natural light and views greatly enhances the building’s environmental friendliness and livability for all members of the Law School community. Because they take natural light and views from staff and students, coverings of any kind on the glass walls of perimeter offices are prohibited. Please conserve energy and use the recycling bins.

Physical Alterations to Your Workspace

Generally, altering or penetrating the floor, walls, ceilings, and doors is not permitted. Furniture, shelving, equipment, or items may not be attached to the walls, ceilings, or floors, doors or partitions without written permission of the Associate Dean or designee.

Furnishings
No additional furnishings, including sofas, bookcases, or tables may be put into workspaces.

POLICY STATEMENT

Read and Download pdf version of the Campus & Workplace Violence Policy
Download Campus & Workplace Violence Incident Reporting Form

The City University of New York (the “University” or “CUNY”) is committed to the prevention of workplace violence and will respond promptly to any threats and/or acts of violence. For purposes of this Policy, Workplace Violence is defined as any physical assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of his or her employment, including but not limited to:

(i) An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;

(ii) Any intentional display of force which would give an employee reason to fear or expect bodily harm;

(iii) Intentional and wrongful physical contact with an employee without his or her consent that entails some injury;

(iv) Stalking an employee in a manner which may cause the employee to fear for his or her physical safety and health when such stalking has arisen through and in the course of employment.

Workplace Violence presents a serious occupational safety hazard to CUNY and its employees. The University will respond promptly to threats and/or acts of violence. All employees are responsible for helping to create an environment of mutual respect and for assisting in maintaining a safe and secure work environment and will participate in the annual Workplace Violence Prevention Training Program. Individuals who violate this Policy may be removed from University property and are subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution

Incidents involving Workplace Violence will be given the serious attention they deserve.2 Employees are responsible for reporting any incidents of Workplace Violence of which they become aware. The procedure for reporting incidents of suspected or alleged Workplace Violence can be found in the campus specific Workplace Violence Programs at Paragraph 7. The procedure for reporting complaints of a potential violation of the CUNY Workplace Violence Policy and Programs can be found in the campus specific Workplace Violence Programs at Paragraph 9.

The University, at the request of an employee or student, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee or student on University property unless necessary to transact University-related business. This policy particularly applies when an employee or student anticipates that an act of violence may result from an encounter with said individual(s).3

Employee participation in the implementation of this Policy will be provided through their authorized employee representatives, who will be invited to participate in: (1) scheduled physical risk assessment site evaluation(s) to determine the presence of risk factors which may place employees at risk of workplace violence; (2) the development and annual review of a Workplace Violence Prevention Program promulgated by each College for the implementation of the Policy; (3) the annual review of the Campus Workplace Violence Incidents Report prepared annually by each College; and (4) as appropriate, following a serious incident of Workplace Violence.

1 This document supersedes and replaces The City University of New York Campus and Workplace Violence Policy approved by The City University of New York Board of Trustees on February 28, 2011,

2 Complaints of sexual harassment are covered under the University’s Policy Against Sexual Harassment.

3 Students are not directly covered by this Policy, but they should contact the Department of Public Safety to report concerns about workplace violence.

This “The City University of New York Campus and Workplace Violence Prevention Policy” adopted by the CUNY Board of Trustees on 9/26/2011 (Cal. Item 5.H) supersedes and replaces the prior policy with the same name approved by the CUNY Board of on 2/28/2011 (Cal. Item. No.4.O).

Download a pdf version of the CUNY Sexual Misconduct Policy & Sexual Misconduct Complaint Form
Download a pdf version of Student Sexual Conduct Complainant Bill of Rights

PREAMBLE

This Policy prohibits Sexual Misconduct at The City University of New York (“CUNY”). In addition to defining what constitutes Sexual Misconduct and explaining the resources available to those affected by Sexual Misconduct, this Policy details CUNY’s procedures for investigating and adjudicating allegations of Sexual Misconduct. CUNY’s process for addressing allegations of Sexual Misconduct is based on federal, state and local laws, including Title IX, the federal law that prohibits sex discrimination in education and New York State’s Education Law Article 129-B, also known as the “Enough is Enough” law. Each time there is a change in the law, CUNY must review and revise this Policy.

In May 2020, the United States Department of Education (“USDOE”) issued regulations that significantly limited the behavior that constitutes sexual harassment prohibited by Title IX—this behavior is now referred to as Title IX Sexual Harassment.

Title IX Sexual Harassment is defined by the USDOE to mean conduct on the basis of sex that occurs in CUNY’s education program or activity against a person in the United States and that satisfies one or more of the following: (1) a CUNY employee conditioning the provision of an aid, benefit, or service of CUNY on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CUNY’s education program or activity; or (3) Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this Policy.

The regulations mandate a specific procedure for the investigation, resolution and adjudication of allegations of Title IX Sexual Harassment (“Title IX grievance procedure”). The regulations state that educational institutions may still prohibit sexual misconduct that falls outside of the narrow definition of Title IX Sexual Harassment and CUNY will continue to prohibit, investigate and adjudicate such conduct – for example, conduct that has a reasonable connection to CUNY but occurs outside of CUNY’s education program or activity, conduct that occurs outside the United States or unwelcome physical or verbal conduct of a sexual nature that does not meet the severe, pervasive and objectively offensive standard.

This Policy uses Sexual Misconduct as an umbrella term that covers all conduct prohibited by the Policy– regardless of whether that conduct meets the Title IX Sexual Harassment definition or not. Sexual Misconduct that falls outside the scope of Title IX Sexual Harassment will be referred to as a Non-Title IX Sexual Misconduct matter.

While the regulations specify a strict and complex Title IX grievance procedure for Title IX Sexual Harassment matters, those procedures are not required when Sexual Misconduct falls outside the scope of Title IX and CUNY determined that it would not use the Title IX grievance procedure for Non-Title IX Sexual Misconduct matters. Therefore, to ensure compliance with Title IX, as now interpreted, as well as other federal, state and local laws, this Policy provides two different sets of procedures: Title IX Sexual Harassment matters will follow the Title IX grievance procedure required by the regulations and Non-Title IX Sexual Misconduct matters will follow a different process that largely mirrors the CUNY investigation and adjudication process that existed under previous versions of this Policy, with a few changes and updates.

I. Policy on Equal Opportunity and Non-Discrimination

Download pdf version of the CUNY Policy on Equal Opportunity & Non-Discrimination

The City University of New York (“University” or “CUNY”), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.

It is the policy of the University—applicable to all colleges and units— to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws.[1]

It is also the University’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses.

This Policy also prohibits retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination complaint.

Prohibited Conduct Defined

Discrimination is treating an individual differently or less favorably because of his or her protected characteristics—such as race, color, religion, sex, gender, national origin, or any of the other bases prohibited by this Policy.

Harassment is a form of discrimination that consists of unwelcome conduct based on a protected characteristic that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment. Such conduct can be spoken, written, visual, and/or physical. This policy covers prohibited harassment based on all protected characteristics other than sex. Sex-based harassment and sexual violence are covered by CUNY’s Policy on Sexual Misconduct.

II. Discrimination and Retaliation Complaints

The City University of New York is committed to addressing discrimination and retaliation complaints promptly, consistently and fairly. There shall be a Chief Diversity Officer at every college or unit of the University, who shall be responsible for, among other things, addressing discrimination and retaliation complaints under this Policy. There shall be procedures for making and investigating such complaints, which shall be applicable at each unit of the University.

III. Academic Freedom

This policy shall not be interpreted so as to constitute interference with academic freedom.

IV. Responsibility for Compliance

The President of each college of the University, the CUNY Executive Vice Chancellor and Chief Operating Officer, and the Deans of the Law School, Graduate School of Journalism, School of Public Health and School of Professional Studies and Macaulay Honors College, have ultimate responsibility for overseeing compliance with these policies at their respective units of the University. In addition, each vice president, dean, director, or other person with managerial responsibility, including department chairpersons and executive officers, must promptly consult with the Chief Diversity Officer at his or her college or unit if he or she becomes aware of conduct or allegations of conduct that may violate this policy. All members of the University community are required to cooperate in any investigation of a discrimination or retaliation complaint.

[1] As a public university system, CUNY adheres to federal, state and city laws and regulations regarding non-discrimination and affirmative action. Should any federal, state or city law or regulation be adopted that prohibits discrimination based on grounds or characteristics not included in this Policy, discrimination on those additional bases will also be prohibited by this Policy.

***Part of Policies and Procedures adopted and approved effective November 27, 2012, Cal.No.4; and revised policy amended and adopted December 1, 2014, Cal. No. C., with effective date of January 1, 2015; Cal. Item C.***

Some Relevant Laws Concerning Non-discrimination and Equal Opportunity

Section 1324b of the Immigration and Nationality Act prohibits employers from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices or “document abuse” relating to the employment eligibility verification or Form I-9 process. Document abuse prohibited by the statute includes improperly requesting that an employee produce more documents than required by the I-9 form, or a particular document, such as a “green card”, to establish the employee’s identity and employment authorization; improperly rejecting documents that reasonably appear to be genuine during the I-9 process; and improperly treating groups of applicants differently when completing the I-9 form.

Executive Order 11246, as amended, prohibits discrimination in employment by all institutions with federal contracts and requires affirmative action to ensure equal employment opportunities.

Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other terms, conditions, and privileges of employment) on the basis of race, color, religion, national origin, or sex.

Title VI of the Civil Rights Act of 1964 prohibits discrimination or the denial of benefits because of race, color, or national origin in any program or activity receiving federal financial assistance.
Equal Pay Act of 1963, as amended, requires that men and women performing substantially equal jobs in the same workplace receive equal pay.

Title IX of the Education Amendments of 1972 prohibits discrimination or the denial of benefits based on sex in any educational program or activity receiving federal financial assistance.

Age Discrimination in Employment Act, as amended, prohibits discrimination against individuals who are age 40 or older.

Section 504 of the Rehabilitation Act of 1973 defines and forbids acts of discrimination against qualified individuals with disabilities in employment and in the operation of programs and activities receiving federal financial assistance.

Section 503 of the Rehabilitation Act of 1973 requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.

Vietnam Era Veterans’ Readjustment Act of 1974, as amended, requires government contractors and subcontractors to take affirmative action to employ and advance in employment disabled and other protected veterans.

Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, prohibits employment discrimination based on military status and requires reemployment following military service in some circumstances.

Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability.

Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information.

New York City Human Rights Law prohibits discrimination based on age (18 and older), race, creed, color, national origin, gender (including gender identity and expression), disability, marital status, partnership status, sexual orientation, alienage or citizenship status, arrest or conviction record, unemployment status, or status of an individual as a victim of domestic violence, sex offenses or stalking.

New York City Workplace Religious Freedom Act requires an employer to make accommodation for an employee’s religious needs.

New York State Education Law Section 224-a requires institutions of higher education to make accommodations for students who are unable to attend classes or take examinations due to their religious beliefs.

New York State Human Rights Law prohibits discrimination based on race, creed, color, national origin, sexual orientation, military status, sex, age (18 and older), marital status, domestic violence victim status, disability, predisposing genetic characteristics or prior arrest or conviction record.

New York City Pregnant Workers Fairness Act provides that employers provide pregnant employees with reasonable accommodations for the employee’s pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Policy on Gender-Based Violence and the Workplace

Download a pdf version of the Policy on Gender-Based Violence and the Workplace

I. Policy Statement.

The City University of New York (the “University” or “CUNY”) disapproves of violence in any form, whether as an act of workplace violence or in any employee’s personal life.
Domestic violence and other forms of gender-based violence permeate the lives of and harm thousands of New Yorkers each day, with tragic, destructive, and often fatal results. The impacts of such violence are felt in the workplace, regardless of where the incidents take place, and have the potential to compromise the safety of victims, co-workers, and students, while resulting in lost productivity, increased health care costs, absenteeism, and employee turnover. Employers have both a moral and legal obligation to their employees who may be a victim of domestic or gender-based violence.

New York State law recognizes that domestic and gender-based violence occurs within a wide spectrum of relationships, therefore CUNY will take every appropriate measure to prevent and/or address domestic and gender-based violence as it impacts the workplace, while also recognizing the rights of victims to self-determination and the need to respond in a survivor-centered, trauma-informed, and culturally responsive manner. All valid orders of protection shall be enforced by CUNY and all protections of this policy shall apply. This policy shall apply to all victims of gender-based violence, regardless of where such incidents took place.

The University, to the fullest extent possible, without violating any existing rules, regulations, statutory requirements, contractual obligations, or collective bargaining agreements, hereby designates and directs appropriate management, supervisory, and/or human resources staff to implement the following Gender-Based Violence and the Workplace Policy (the “Policy”) covering the following areas:

1. Definitions;
2. Persons covered by the Policy;
3. Confidentiality;
4. Responsibilities;
5. Non-discrimination and Responsive Personnel Policies;
6. Non-Retaliation Policy;
7. Workplace Safety Plans;
8. Accountability for Employees who perpetrate domestic or gender-based violence;
9. Training;
10. Data Collection and Reporting;
11. Firearms; and
12. Violations of Policy.

This Policy updates CUNY’s “Domestic Violence and the Workplace” policy dated December 15, 2013.

II. Definitions.

For purposes of this Policy, the following terms will be defined as follows:

a. Domestic Violence: A pattern of coercive behavior, including acts or threatened acts, that is used by a perpetrator to gain power and control over a victim, as defined in New York State Social Service Law § 459-a, including, but not limited to physical, sexual, psychological, economic, and/or emotional abuse; or the threat of any/all of the aforementioned acts.

b. Domestic Violence Agency Liaison (“DVAL”): A designated employee(s) of CUNY who has been trained by the New York State Office for the Prevention of Domestic Violence (“OPDV”) to assist victimized employees; who ensure compliance with the Policy; and who serves as the primary contact for OPDV.

c. Gender-Based Violence: Violence or threats that happen because of someone’s sex, gender, sexual orientation, gender identity or expression, or other related characteristics. Gender-based violence is an umbrella term that includes domestic violence, sex-based discrimination, sexual harassment, sexual assault, and sexual violence, and can also include stalking or human trafficking.

d. Order of Protection (“OP”) (Commonly referred to as “Restraining Order” or “Stay-Away Order”): An order issued by any court to limit the behavior of someone who harms or threatens to harm another person. Orders of protection may direct the offending party not to injure, threaten, or harass the victim, their family, or any other person(s) listed in the order and may include, but are not limited to ordering him/her/them to stay away from the home, school, business, or place of employment of the victim; vacate a shared residence; abide by any active orders of custody and visitation; and surrender any firearms.

e. Perpetrator or abusive partner or person who causes harm: A person who commits or threatens to commit coercive or violence acts, which may include, but is not limited to, physical, psychological, sexual, economic, and/or emotional abuse against a victim.

f. Sexual Harassment: Consistent with the New York State Human Rights Law, unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

i. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;

ii. Such conduct is made either explicitly or implicitly a term or condition of employment; or

iii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

g. Victim of domestic violence (New York State Social Services Law § 459-a):

i. Any person over the age of sixteen, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act which would constitute a violation of the penal law, including, but not limited to, acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation, identity theft, grand larceny, or coercion;

ii. Such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person’s child;

iii. Such act or acts are or are alleged to have been committed by a family or household member.

h. “Family or household members” mean the following individuals:

i. Persons related by consanguinity or affinity (blood or a person’s relation to blood relatives of their spouse);

ii. Persons legally married to one another;

iii. Persons formerly married to one another regardless of whether they still reside in the same household;

iv. Persons who have a child in common regardless of whether such persons are married or have married or have lived together at any time;

v. Unrelated persons who are continually or at regular intervals living in the same household or who in the past continually or at regular intervals lived in the same household;

vi. Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; or

vii. Any other category of individuals deemed to be a victim of domestic violence as defined by the New York State Office of Children and Family Services in regulation.

viii. “Parent” means a natural or adoptive parent, legal guardian, or any individual lawfully charged with a minor child’s care or custody.

i. Workplace: For the purposes of this Policy, any permanent or temporary location where an employee performs any work-related duty in the course of employment.

III. Persons Covered.

a. This Policy shall extend to all full, part-time, and temporary employees, volunteers, and interns hired, appointed or otherwise authorized by the University in any official workplace capacity.

IV. Confidentiality.

a. CUNY recognizes and respects individuals’ right to privacy and confidentiality. All information, including disclosures about victimization, shall be kept confidential to the extent permitted by law and policy without the written informed consent of the victimized individual, unless doing so creates a substantial risk of imminent danger to the victimized individual, other employees, or worksite. Should that circumstance occur, the victimized individual will be given notice of what actions have been, or will be, taken by CUNY and information will be given to only those employees deemed necessary for securing the safety of the victim, other employees, or worksite. The information given to those employees will be as limited in scope as possible.

b. Nothing herein will prevent CUNY from investigating an act or acts of domestic violence that happen within the workplace. Examples of situations where confidentiality cannot be maintained include the following:

i. 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;

ii. 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;

iii. Government officials investigating a domestic violence incident that happens in the workplace, or a report of domestic violence, will be provided relevant information on request.

V. Responsibilities.

a. Responsibilities of CUNY

i. Each CUNY constituent school or college shall designate at least one employee as their Domestic Violence Agency Liaison (“DVAL”).

ii. The current contact information for all DVALs and their supervisors must be communicated to OPDV by emailing workplace@opdv.ny.gov. Any updates to this information shall be provided within two weeks.

iii. Awareness:

1. CUNY will increase awareness around domestic and gender- based violence and will inform the workforce regarding available sources of assistance for those experiencing domestic or gender-based violence.

2. CUNY will increase awareness around accountability practices that may be implemented in the event of retaliation or used with employees who perpetrate acts of domestic or gender-based violence.

3. CUNY shall include this Policy as part of the materials that are provided to all new employees and notify the workforce annually of the Policy.

4. An explanation of this Policy, including employee’s rights under this Policy, shall be given during new employee orientation. Contact information for the applicable DVAL will be provided during this orientation.

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

a. The DVAL;

b. EAP;

c. The New York State Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate); and

d. Any local programs serving victims of domestic and sexual violence.

6. CUNY shall post information on domestic and gender-based violence and this Policy electronically.

a. Information must include sources of assistance, contact information for the applicable DVAL(s), Employee Assistance Program information, Human resources staff, the New York State Domestic and Sexual Violence Hotline Number (1-800-942-6906), Chat and Text Line (1-844-997-2121), and contact information for local domestic violence programs.

7. Referrals must be offered to anyone who discloses they are a victim of domestic or gender-based violence, to:

a. The DVAL;

b. EAP;

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

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

b. Responsibilities of DVALs

i. Ensure agency-wide implementation of, and compliance with, this Policy.

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

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

i. EAP;

ii. The New York State Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and;

iii. Any local programs serving victims of domestic and sexual violence.

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

v. Conduct basic workplace safety strategizing with victimized employees.

vi. Serve as the primary contact for OPDV, including reporting bi-annual data.

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

viii. Ensure that all employees receive an annual reminder about this Policy, and regularly receive information about how to contact the DVALs and what supportive services are offered by the agency. This annual reminder shall be sent by the DVAL.

c. Responsibilities of Human Resources

i. Human Resources staff shall support the University department or employees charged with maintaining and further developing a workplace culture that is safe and supportive for anyone who has experienced domestic or gender-based violence by communicating that information and resources are available to victims and that abusive behavior by any employee will not be tolerated.

ii. The University department or employees charged with the responsibility for this Policy, with the support of Human Resources, shall ensure that all employees who are required to attend training from OPDV pursuant to this Policy complete the required training.

iii. Human Resources staff shall ensure that employees shall receive a copy of this Policy upon hire, including contact information for the appropriate DVAL.

iv. Human Resources staff shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of and receiving any necessary accommodations and shall consult with CUNY leadership and Counsel, and OPDV Counsel as appropriate, to address complex cases.

v. Human Resources staff shall assist all constituent school and college managers with such responsibilities and CUNY to ensure that all employees who violate this Policy are held accountable.

d. Responsibilities of Supervisors

i. All University supervisors charged with responsibilities hereunder shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of this Policy.

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

i. The DVAL,

ii. EAP,

iii. The New York State Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and;

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

iii. There is no mandatory reporting of domestic or gender-based violence, unless it constitutes sexual harassment as defined within this Policy.

VI. Non-Discriminatory and Responsive Personnel Policies.

a. CUNY policies and procedures should be trauma-informed, survivor-centered, and culturally responsive to victims’ needs, and should not discriminate.

b. Under the New York State Human Rights Law, all persons covered by this Policy are protected from discrimination in the workplace on the basis of status as a victim of domestic violence, and on the basis of sex, sexual orientation, gender identity, and gender expression.

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

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

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

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

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

h. CUNY allows any employee who has disclosed their status as a victim of domestic or gender-based violence (or disclosed that a family member is a victim of domestic or gender-based violence) and must be out of work for a reasonable time to use accrued sick leave for the following purposes:

i. to obtain services from a domestic violence shelter, rape crisis center, or other services program;

ii. to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;

iii. to meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;

iv. to file a complaint or domestic incident report with law enforcement;

v. to meet with a district attorney’s office;

vi. to enroll children in a new school;

vii. to address issues relating to technology or financial abuse; or

viii. to take any other actions necessary to ensure the health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.

i. Employees can choose to use appropriate leave accruals to cover any absences, if available. If the employee does not have adequate leave accruals to cover the absence or chooses not to charge leave accruals, the absence shall be treated as leave without pay.

j. Any employee who must be absent from work to utilize accommodations in this section is entitled to the continuation of any health insurance coverage provided by CUNY to which the employee is otherwise entitled during any such absence, in accordance with any existing collective bargaining agreements, regulations, and agency policy.

k. Employees who must be absent to utilize accommodations as listed in this section shall provide CUNY with reasonable advanced notice of the absence whenever possible.

l. CUNY is required to grant time off, with prior day notification, and may not penalize any 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 by law. Employees can choose to use appropriate leave accruals to cover any absences, if available. If the employee does not have adequate leave accruals to cover the absence or chooses not to charge leave accruals, the absence shall be treated as leave without pay. Any questions regarding leave that must be granted to victims or subpoenaed witnesses should be directed to applicable campus Office Human Resources.

m. CUNY is aware that there may be occurrences when an employee is absent due to incidents of domestic or gender-based violence where they are unable to follow agency protocol to report the absence. In that situation, the employee may lack documentation, may be unable to obtain documentation or may not want to share documentation containing confidential information. CUNY may not require the disclosure of confidential information relating to an absence from work due to domestic violence, a sexual offense, stalking, or human trafficking, as a condition of providing sick leave.

n. Employees who are victims of domestic violence or gender-based violence who separate from a covered family member due to an incident or incidents of domestic or gender-based violence shall be allowed to make reasonable changes in benefits at any time during the calendar year, where possible and in accordance with statute, regulation, contract, and policy.

o. CUNY recognizes that victims of domestic and gender-based violence may experience temporary work performance difficulties or be unable to complete certain job aspects because of safety reasons. If it is found that the employee’s work performance is being affected as a result of being a victim of domestic or gender-based violence, CUNY will work with the employee to try to create a satisfactory resolution, including, but not limited to, specific work plans, the ability to take leave, provision of accommodations, referrals to the DVAL, EAP, and/or the local domestic violence service provider.

p. Employees will be given clear information of performance expectations, priorities, and performance evaluations. Employees should be made aware that not all employee requests for resolutions can be accommodated.

q. If a disciplinary process is initiated, special care should be taken to consider all aspects of the victimized employee’s situation, and all available options in trying to resolve the performance problems should be exhausted, including making a referral to the DVAL, EAP, domestic violence program or other relevant services, consistent with existing collective bargaining unit agreements, statute, regulations, and agency policy.

r. If all reasonable measures have been exhausted to resolve related performance problems of employees who are victims of domestic or gender-based violence, but the performance problems persist and the employee is terminated or voluntarily separates from employment, the employee shall be informed of their potential eligibility for unemployment insurance and CUNY shall timely respond to 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.

s. Sex, sexual orientation, gender identity, and gender expression are all protected classes under the New York State Human Rights Law. Sexual harassment is a form of sex discrimination and is unlawful under the New York State Human Rights Law § 296.1, Human Rights Law § 296-c (for interns), and Human Rights Law § 296-d (for non-employees working in the workplace), and Title VII, the Federal Civil Rights Act of 1964. Sexual harassment includes harassment based on sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender (see page 2-3 for definition of sexual harassment). Gender-based violence may constitute sexual harassment when it subjects an individual to inferior terms, conditions, or privileges of employment. CUNY’s Equal Opportunity and Non-Discrimination Policy govern any complaint of discrimination, including harassment, and/or retaliation, except complaints of sexual harassment or sexual violence, which are covered by CUNY’s Policy on Sexual Misconduct. Investigations shall be conducted pursuant to the procedures outlined in the governing policy.

i. CUNY’s Equal Opportunity and Non-Discrimination Policy is attached, as Attachment 1,and available online at: https://www.cuny.edu/wp- content/uploads/sites/4/page- assets/about/administration/offices/hr/policies-and- procedures/PEONon-Discrimination12.4.2014.pdf.
ii. CUNY’S Policy on Sexual Misconduct is attached, as Attachment 2, and available online at: https://www.cuny.edu/wp- content/uploads/sites/4/page-assets/about/administration/offices/legal- affairs/policies-resources/Sexual-Misconduct-Policy.pdf.

t. For all forms of discrimination and harassment, if an employee, including an intern or contractor working in a workplace in the State of New York, experiences sexual harassment or discrimination on the basis of their status as a victim of domestic or other gender-based violence, or observes discrimination in the workplace, the employee may file a complaint by contacting their respective College Chief Diversity Officer.

u. A complaint or report of potential discrimination, whether verbal or written, will be processed consistent with CUNY policy. Furthermore, any supervisory or managerial employee who observes or otherwise becomes aware of conduct of a sexually harassing nature must report such conduct to their respective campus school or college Chief Diversity Officer. CUNY shall maintain the confidentiality of the complaint to the extent practicable and in accordance with CUNY policy.

VII. Non-Retaliation.

a. CUNY shall not engage in any retaliatory practices against any employee that discloses they are a victim of domestic or gender-based violence, or any employee seeking accommodations or to exercise their rights under this Policy.

b. CUNY will not retaliate, tolerate retaliation by any superiors, terminate, or discipline any employees for reporting information about alleged incidents of domestic violence that may have been committed by an employee, including those in management positions.

c. Retaliatory practices may include, but are not limited to, fewer promotions, inappropriate jokes, snide comments, excluding employee from conversations, etc., and may be carried out by everyone, not just the original perpetrator. Retaliation includes commencing discipline against victimized employees for actions taken to promote their safety.

d. Any employee engaging in retaliatory practices may be subject to disciplinary actions. If you believe you have been subject to retaliatory practices, please contact your respective campus school or college Chief Diversity Officer.

VIII. Workplace Safety Plans.

a. Each campus within the CUNY system has prepared a domestic violence workplace safety response plan and each campus and worksite is prepared to provide reasonable means and personnel to assist victimized employees in developing and implementing individualized domestic violence workplace safety plans, consistent with existing collective bargaining agreements, statutes and regulations. Workplace safety response plans are on file on each campus and worksite with the relevant public safety personnel.

b. As part of the domestic violence workplace safety response plan, CUNY has designated DVALs to ensure implementation of the Gender-Based Violence and the Workplace Policy, and to serve as a liaison with OPDV regarding the Gender-Based Violence and the Workplace Policy.

c. CUNY has designated school or college-level DVALs on each campus to further ensure campus-level implementation of the Gender-Based Violence and the Workplace Policy, to serve as the campus-level liaison within CUNY regarding the Gender-Based Violence and the Workplace Policy.

d. Each campus-level DVAL will be identified in university and college-level materials and his/her name, phone number and office location will be clearly posted.

e. CUNY is committed to compliance and assistance with enforcement of all known court or CUNY-issued orders of protection, particularly orders in which a Perpetrator or abusive partner or person who causes harm have been ordered to stay away from the work site of the victim. If requested by the victim of domestic violence or law enforcement, CUNY will cooperate in situations concerning an alleged violation of an order of protection.

f. Employees are encouraged to bring Orders of Protection (“OP”) to the attention of the applicable campus school or college Director of Campus Security/Public Safety or the Deputy Director of Campus Security/Public Safety and Human Resources. Once the OP has been brought forward, the document will be kept in a secure location.

g. In the case of a workplace emergency requiring the presentation of the OP to law enforcement, if the applicable school or college Director of Campus Security/Public Safety or the Deputy Director of Campus Security/Public Safety is unavailable to obtain the document, a designated member in such Office of Campus Security/Public Safety will have access to the secure location.

h. The applicable campus school or college Director of Campus Security/Public Safety or the Deputy Director of Campus Security/Public Safety and the DVAL 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:

i. Providing a copy of the OP and/or photo of Perpetrator or abusive partner or person who causes harm to security or front desk personnel;

ii. A discussion of who should be told if there is no security or front-desk staff, including identifying a supervisor or colleagues who would be able to assist with the identification of the perpetrator

iii. Blocking the subject/perpetrator of the OP from the workplace; and

iv. Creating a personal workplace safety plan. A personal workplace safety plan may include the following elements:

1. Allowing the employee to work staggered hours, an “off shift”, or move to a different work location, either temporarily or permanently;

2. Temporary reassignment of certain duties, such as overnight travel;

3. Reassignment of parking space;

4. Providing the employee an escort for entry and exit from the worksite;

5. Assigning a new email account or phone number if the perpetrator has been able to access the existing accounts; or

6. Allowing the employee to work from an alternate work station until further action is taken, if the employee works directly with the perpetrator.

i. The employee is responsible to notify the Director of Campus Security/Public Safety or the Deputy Director of Campus Security/Public Safety and the DVAL if there are any changes to the OP.

j. Employees are encouraged to disclose any active orders of protection to the DVAL or designated staff member at their work site.

IX. Accountability for Employees who Perpetrate Acts of Domestic or Gender- Based Violence.

a. CUNY will hold accountable any employee who is found to have engaged in behaviors including but not limited to:

i. Used state resources, including time, to commit an act of domestic or gender-based violence;

ii. Committed an act of domestic or gender-based violence from or at the workplace, or from any location conducting state business, except for locations where employees are telecommuting; or

iii. Used their job-related authority and/or state resources in order to negatively affect victims of domestic or gender-based violence and/or assisted perpetrators in locating a victim and/or in perpetrating an act of domestic or gender-based violence.

b. Acts of domestic or gender-based violence that occur outside of the workplace can subject a person to administrative and/or disciplinary action.

c. If an employee has committed any act of gender-based violence, including making threats or harassment at or from the workplace using any state resources such as work time, state owned telephones or cell phones, e-mail, or by any other means, the Supervisor, in conjunction with applicable campus Office of Human Resources, shall take any and all steps necessary to hold the employee accountable through administrative and/or disciplinary action in accordance with existing collective bargaining agreements, applicable statutes and/or regulations.

d. CUNY shall determine if corrective action or disciplinary action is warranted, in accordance with existing collective bargaining agreements, relevant statutes, and regulation if the agency has received verification that an employee is responsible for any gender-based violence related offense, or is the respondent on any order of protection, including temporary, final, and/or out of state orders because of a gender-based violence related offense, and said employee has any job functions that include:

i. the authority to take actions that directly impact victims of gender- based violence domestic violence; and/or

ii. actions which may protect perpetrators from appropriate consequences for their behavior.

e. Any employee who intentionally uses the authority of their employment and/or misuses any state resources in order to:

i. negatively impact any victim of gender-based violence;

ii. assist a perpetrator in locating a victim;

iii. assist a perpetrator in perpetrating any act of gender-based violence; or
iv. protect a perpetrator from receiving appropriate consequences. shall be subject to corrective or disciplinary action, in accordance with existing
collective bargaining agreements; applicable statutes, and regulations.

f. Any employee who would like to report information about an alleged act of gender-based violence committed by an employee may do so by contacting Human Resources, the Anti-Discrimination Investigations Division at the NYS Office for Employee Relations (https://antidiscrimination.oer.ny.gov/) or the NYS

Inspector General’s Office by calling the toll-free hotline at 1-800-367-4448 where trained staff will discuss the specifics of your complaint.

X. Training.

a. Domestic Violence Agency Liaisons (“DVALs”):

i. DVALs must complete a Gender-Based Violence and the Workplace training provided by OPDV.

ii. DVALs must complete an initial one-day training provided by OPDV.

iii. DVALs must attend quarterly meetings hosted by OPDV, which will provide ongoing training and technical assistance to them.

b. Human Resources: All employees who are employed in human resources positions or who work in a human resources office must participate in the following two annual trainings provided by OPDV:

i. Gender-Based Violence and the Workplace training, and

ii. Gender-Based Violence Workplace Safety Planning training.

c. Supervisors: All employees who are supervisors must participate in an annual Gender-Based Violence and the Workplace training provided by OPDV.

XI. Data Collection and Reporting to OPDV

a. Information regarding employees who are a victim of domestic or gender-based violence, as well as those who are disciplined for violating this Policy, shall be maintained by the DVALs and reported to OPDV on a bi-annual basis, and at any time, upon request from OPDV.

b. Reporting to OPDV shall be done in aggregate form without any personally identifying information. Data from January through June will be due no later than July 30, and data from July through December will be due no later than January 30.

c. The following information shall be collected:

i. All incidents of gender-based violence that take place at a workplace, or while the employee is on work time, shall be documented to the best of CUNYs ability, consistent with applicable law and agency policy, categorized by domestic violence and sexual violence;

ii. The general nature of the incidents that occurred in the workplace;

iii. The number of employees who report being a victim of current or past domestic violence;

iv. The number of employees who make contact with the DVAL with concerns that a co-worker is experiencing domestic violence or gender-based violence;

v. The number of employees who are referred for discipline as a result of violating this Policy;

vi. The number of employees who contact the DVALs to request information on domestic violence services;

vii. The number of referrals made to domestic violence service providers, employee assistance programs (EAP), or other applicable services; and

viii. The number of orders of protection that are reported to CUNY.

XII. Firearms

a. 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.

b. 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 CUNY 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 issuing agency or to the appropriate police agency.

c. Should an employee fail to comply with the requirements set forth above, said employee will be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements, statutes or regulations. In addition, the appropriate law enforcement agency may be notified for possible criminal action.

XIII. Violations of Policy

a. Any employee who would like to report any alleged violations of this Policy may do so by contacting OPDV, their College Director of Human Resources, or the NYS Inspector General’s Office by calling the toll-free hotline at 1-800-367-4448 where trained staff will discuss the specifics of your complaint.

b. For reports of workplace discrimination or retaliation, an employee may contact their College Chief Diversity Officer or enter a report via CUNY’s centralized reporting system (https://www.cuny.edu/discrimination-and-retaliation-report- form/) or by contacting the New York State Inspector General’s Office for Employee Relations (https://ig.ny.gov/form/complaint-form-long). This includes complaints related to denials of reasonable accommodations.

POLICY ON REPORTING OF ALLEGED MISCONDUCT

Download pdf version of the Policy on Reporting of Alleged Misconduct
Alleged Misconduct Complaint Form

The City University of New York is committed to conducting its affairs in compliance with federal, state and local laws and University policy. CUNY encourages all persons to report conduct or suspected conduct that they in good faith believe may violate the law or CUNY policy so that CUNY may investigate and take appropriate action. CUNY will not retaliate against anyone who makes such a report.

Persons with knowledge of conduct or conditions that pose an imminent threat to the health or safety of any member of the CUNY community or the public should immediately call 911 or Public Safety.

1. Reporting Suspected Violations of Law or CUNY Policy

1.1 Who should report
The following persons may report conduct or suspected conduct that relates to CUNY and that they in good faith believe may violate federal, state or local law or CUNY policy (“violations”):

• Individuals who are paid by CUNY, including faculty and staff;
• Consultants, vendors and contractors doing business with CUNY;
• Individuals who perform services for CUNY as volunteers or who otherwise assert an association with CUNY; and
• Students.

1.2 What Should Be Reported
The suspected misconduct that should be reported includes, but is not limited to, that which involves or relates to the following:

• Fraud, theft, embezzlement or misuse of CUNY resources
• Conflict of interest or ethics
• Computer fraud or data security
• Child abuse or misconduct involving minors
• Sexual assault, assault and hazing
• Athletics (NCAA or NJCAA)
• Environmental, health and safety violations
• Discrimination and harassment, including age, disability, sex and race
• Research or academic misconduct by faculty or staff
• Retaliation for reporting misconduct under this Policy

1.3 How to Report

Employees are encouraged to use the reporting procedures set forth in CUNY policies dealing with specific issues. Where there is no such procedure, employees may resolve their concerns at the most local level, by reporting suspected violations through standard management channels, beginning with their immediate supervisor. If an employee does not wish to report a suspected violation to an immediate supervisor, employees may go to a higher level of management or file a Report of Alleged Misconduct on a form to be drafted by the Office of the Counsel. That form shall contain instructions on where it should be submitted and shall be posted on the web page of the Office of the General Counsel at http://www.cuny.edu/about/administration/offices/la.html.

Non-employees should also file a Report of Alleged Misconduct, following the submission instructions on the form.

1.4 Confidentiality

Reports may be submitted anonymously, although doing so may hinder the investigation and resolution of a complaint. Reports of violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, to comply with all applicable laws, and to cooperate with law enforcement authorities.

1.5 Investigation of Allegations

Reports will typically be directed to responsible persons for investigation and resolution, consistent with applicable CUNY policies and procedures. Confirmed violations will result in appropriate disciplinary action up to and including termination from employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY. In some circumstances, civil and criminal charges and penalties may apply.

2. Protection from Retaliation

No one at CUNY shall engage in any retaliatory behavior, including intimidation, harassment, discrimination, or, in the case of an employee, the imposition of an adverse employment consequence, against anyone who files a report under this policy.

Any individual who engages in retaliatory behavior against another individual who has reported a suspected violation or cooperated in the investigation of a violation will be subject to discipline, up to and including termination of employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY.

Any employee who believes that s/he or another individual who reported a suspected violation is being retaliated against should complete a Report of Alleged Misconduct or contact the University’s Director of Human Resource Investigations.

3. Filing a False Report

Making a false report or providing false information during the course of an investigation may be grounds for discipline in the absence of a good faith belief that the report or information is true.

4. Cooperation

All employees are expected to cooperate fully in the investigation of any suspected violation.

5. Distribution of Policy

This policy shall be posted on CUNY websites and distributed to new and current employees, students and volunteers who provide substantial services to CUNY through electronic notifications and other means.

6. Administration of Policy

The University’s General Counsel or his/her designee is responsible for the administration of this policy and for making reports to the Board of Trustees, or a committee thereof, consistent with the Board’s Bylaws.

Adopted by CUNY Board of Trustees, June 30, 2014, Cal. No.4.A.

GUIDELINES FOR A UNIVERSITY-WIDE PROGRAM TO COMBAT BIGOTRY AND TO PROMOTE PLURALISM AND DIVERSITY

At the January 24, 1994, meeting of the Board of Trustees of The City University of New York, a resolution was recommended by the Committee on Public Affairs to promote University policy to combat bigotry and reaffirm our commitment to pluralism and diversity. Adopted unanimously by the Trustees, the resolution calls upon the Chancellor to report to the Board on steps taken by the University and the colleges in furtherance of the policy by October 31, 1994. The Chancellor was asked to develop guidelines, by the March Board meeting, in consultation with the Council of Presidents and the leadership of the University Faculty Senate and Student Senate. These guidelines are the result of the consultative process.

The adopted Board resolution includes six whereas sections which should be reflected in the development of appropriate plans:

The Board of Trustees of The City University of New York is committed to engendering values and implementing policies that enhance respect for individuals and their cultures.

• This commitment is manifested in the statement of principles and recommendations for action on pluralism and diversity in The City University of New York adopted by the Board on January 20, 1988.
• Our cultural and ethnic diversity – our pluralism – is one of our most valued, significant and important characteristics.
• The student body of The City University of New York now includes students who trace their ancestries to over 130 countries, as well as growing numbers of students who are of color, women, immigrants, older adults and disabled persons.
• We must be proactive in developing programs that both combat bigotry and other biases in all their forms, as well as build on the strengths that our multicultural, multiracial, multigenerational student body offers.
• Such programs should build upon successful models of curricular and co-curricular pursuits developed by both members of the CUNY community, as well as with the advice and assistance of the extended CUNY family of supporters and resource persons.

The development of appropriate plans should be consistent with the By-laws of The Board of Trustees, including but not limited to Article 15.0 Preamble which states:

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Student participation, responsibility, academic freedom, and due process are essential to the operation of the academic enterprise. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Freedom to learn and to explore major social, political, and economic issues are necessary adjuncts to student academic freedom, as in freedom from discrimination based on racial, ethnic, religious, sex, political and economic differentiations.

Freedom to learn and freedom to teach are inseparable facets of academic freedom. The concomitant of this freedom is responsibility. If members of the academic community are to develop positively in their freedom; if these rights are to be secure, then students should exercise their freedom with responsibility.

By August 1, 1994, the Central Administration and the constituent colleges shall prepare such plans for submission to the Chancellor. Such plans should include a progress report on activities envisioned in the Board’s statement on Pluralism and Diversity, University and college programs, schedule and projected, to combat bigotry, and measures taken to advance the January 24, 1994, Board policy resolution. The plans should address the following elements:

1. A description of curricular and extracurricular programs and projects directed at the elimination of bigotry, encouragement of inter-group harmony, tolerance and respect and increasing understanding among members of the higher education community. This may include orientation and training programs, professional development, role-playing sessions, leadership conferences and retreats, lectures and seminars, discussions of pertinent research and scholarship, and improvements in methods for cross-cultural communication.
2. A clear statement of the availability of procedures and channels developed by the college community to expeditiously address allegations of bigotry, as well as intervention and conflict resolution alternatives that may be utilized. This should include how the institution is organized and which offices or individuals are appropriately designated to be accessible.
3. Early communication, by college officials, as the facts warrant, of institutional aversion to acts of bigotry, including the issuance of appropriate and timely statements condemning prejudice or discrimination, consistent with the first amendment. This should be done while simultaneously reaffirming the positive message of the extraordinary importance of a collegiate environment where all participants are protected, regardless of their background or social characteristics.
4. The availability of additional options for dispute resolution, such as mediation and conciliation resources both on or off campus, as needed and where appropriate. This may include the identification of faculty and staff experts, experienced student leaders, alumni, or resource persons from the greater college and University community. Established offices, however, should remain on the front-line and serve as conduits to campus and external expertise, as deemed appropriate.
5. The dissemination of materials throughout the campus community in order to ensure maximum awareness and to provide visible evidence of an institutional commitment to an intellectually tolerant collegiate environment.

Efforts to combat bigotry and promote diversity should continue to be an inextricable part of the educational mission of the University, not an ancillary activity that is re-invigorated from time to time on ad-hoc basis. Our future efforts should build upon the excellent college and University-wide programs and activities that already exist, which were reviewed by the Board of Trustees, through its Committee on Public Affairs. This will permit CUNY to continue to rejoice in the cultural richness of its varied constituencies, unrivaled in American higher education, and reflective of the University’s historic commitment to educate all those who seek upward social and economic mobility. At the same time, the University can continue to build bridges between those constituencies so that the most positive atmosphere for learning may be provided for generations to come.

Board Minutes, March 21, 1994