The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.Â To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a record or history of such an impairment, or a person who is regarded or perceived as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
Employees with disabilities who wish to request reasonable accommodations to perform the functions of their jobs, and job applicants with disabilities who wish to request reasonable accommodations to be considered for jobs, must contact Human Resources at 607-436-2509.
In compliance with the federal law, Title 11 "Campus Crime Awareness and Campus Security Act", the SUNY College at Oneonta provides reports about campus safety and security programs, incidents of crime on campus, and information regarding registered sex offenders. To access copies of the campus safety and crime reports, you can go to our University Police website, at the tab labeled Campus Crime Report. Information concerning registered sex offenders is transmitted to the campus by the DCJS (New York State Department of Criminal Justice Services) and may be obtained from the Chief of Police, c/o University Police Department, and also on the University Police website as stated above.
State University of New York
SUNY Oneonta faculty and staff must comply with the State University of New York's Conflict of Interest Policy, which reflects pertinent State and Federal laws and regulations:
Research Foundation of the State University of New York
In addition, faculty and staff who are considered to be "employees" of The Research Foundation for the State University of New York are subject to its Conflict of Interest Policy. Any SUNY Oneonta faculty or staff who have external funding administered through the Research Foundation, or who act on behalf of the Research Foundation, are subject to this policy and, if applicable, the SUNY/Research Foundation SUNY Policy on Conflicts of Interest in Public Health Service Sponsored Programs:
Domestic violence permeates the lives and compromises the safety of thousands of New York State
employees each day, with tragic, destructive, and often fatal results. Domestic violence occurs within a
wide spectrum of relationships, including same and
Domestic violence is defined as a pattern of coercive tactics which can include physical, psychological,
sexual, economic and emotional abuse perpetrated by one person against an adult intimate partner,
with the goal of establishing and maintaining power and control over the victim. It often spills over into
the workplace, compromising the safety of both victims and their co-workers.
SUNY Oneonta, to the fullest extent possible, without violating any existing rules, regulations, statutory
requirements, contractual obligations or collective bargaining agreements, will take all appropriate
actions to promote safety in the workplace and respond effectively to the needs of victims of domestic
violence. In addition, note that New York State law prohibits insurance companies and health
maintenance organizations from discriminating against domestic violence victims or designation of
domestic violence as a pre-existing condition.
The full policy may be viewed at http://www.oneonta.edu/admin/humres/HR/.
For your own reference, please make a note of the following resources:
Designated Liaison Between SUNY Oneonta and SUNY System Administration:
Lisa Wenck 607-436-2509 or email@example.com Senior Executive Employee Services Officer Employee Services/Human Resources, 208 Netzer
Designated Agent on Campus: College employees who have been trained as Domestic Violence advocates. Any of the following may be contacted, as needed:
Laura Emmett 607-436-2081 or firstname.lastname@example.org Executive Assistant Finance & Administration, 200 Netzer Gail Feuer 607-436-2509 or email@example.com Benefits Administrator Human Resources, 211A Netzer Dave Lincoln 607-436-3163 or firstname.lastname@example.org Emergency Management Coordinator University Police Department, Alumni Hall Andrew Stammel 607-436-2835 or email@example.com Affirmative Action Officer/Title IX Coordinator Office of Institutional Diversity, Equity & Inclusion, 133 Netzer
Employee Assistance Program (EAP): Melissa Nicosia, EAP Coordinator 607-436-2452
Other Resources Statewide Employee Assistance Program 1-800-822-0244 http://www.worklife.state.ny.us/eap/ NYS Office for the Prevention of Domestic Violence 1-800-942-6906 http://www.opdv.state.ny.us/ Opportunities for Otsego, Domestic Violence & Rape Crisis Emergency 24 hr hotline 607-432-4855 www.ofoinc.org/ Bassett Hospital, Cooperstown, 24 hr emergency hotline (for any reason) 1-877-369-6699 Fox Hospital, Oneonta, Emergency Department 607-432-2000
A MESSAGE FROM THE GOVERNOR
If you think it is not happening in your workplace, you are wrong. Alcohol and substance abuse are serious problems facing our
New York State Policy
New York State prohibits
If the cause of the disability is found to be drug or alcohol related, the personnel or employee relations officer, in conjunction with the employee's supervisor, may refer the employee to voluntary and confidential participation in the statewide Employee Assistance Program. Other available options include pursuing disability leave procedures or disciplinary measures.
Violations of the State policy on alcohol and substance abuse in the workplace may be the subject of disciplinary action pursuant to Section 75 of the Civil Service Law or the Disciplinary Articles of collectively negotiated agreements.
State employees are also subject to criminal, civil, and disciplinary penalties for the distribution, possession, sale, or the attempt to sell controlled substances both in the workplace and while performing in a work-related capacity. In work locations where it is permitted, an employee may possess and use medication which is properly prescribed by a physician.
"Controlled substances" refers to the hundreds of chemicals listed in the Controlled Substances Act by the federal government. All so-called "street drugs" (heroin, cocaine, crack, marijuana, speed, acid) are controlled substances.Â
A person using a prescribed drug under a doctor's supervision is not breaking any law. The use of prescribed drugs without a physician’s prescription is illegal.
Addiction to, or misuse of, prescribed drugs could also subject an employee to medical testing under New York State's policy governing alcohol or substance abuse in the workplace.
Employee Assistance Program (EAP)
The New York State Employee Assistance Program is a joint labor-management committee program open to all State employees and their families. The program is a confidential, information, assessment and referral program that provides employee requested services. These services include:
Assistance with family-related problems;
Information on resources for issues such as child care,
Workplace health and prevention programs;
Workplace educational preventive, wellness programs.
Any State employee may contact NYS EAP by calling 1-800-822-0244.
For More Information Call:
*New York State Substance Abuse Hot Line - 1-800-522-5353
*National Council on Alcoholism and Drug Dependent Hot Line - 1-800-NCA-CALL
*National Cocaine Hot Line - 1-800-COCAINE
*CSATS - National Drug and Alcohol Treatment Routing Service - 1-800-622-HELP
STATE OF NEW YORK ANDREW CUOMO Governor
GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS GARY JOHNSON Director
NEW YORK STATE’S POLICY ON
ALCOHOL & CONTROLLED SUBSTANCES IN THE WORKPLACE
Use and abuse of alcohol and drugs
The longstanding policy of the State is and has been that employees will be subject to criminal, civil and disciplinary penalties if they distribute, sell, attempt to sell, possess or purchase controlled substances while at the workplace or while performing in a work-related capacity. Such illegal acts, even if engaged in
It has also been the continuing policy of the State that employees are prohibited from on-the-job use of, or impairment from, alcohol or controlled substances. In cases where an appointing authority or a designee has a reasonable suspicion that an employee is not able to perform his or her duties as a result of a disability which may be caused by alcohol or a controlled substance, the appointing authority may proceed under the provisions of Section 72 of the Civil Service Law and require that the employee undergo a medical examination to ascertain the cause of the disability. Where testing for alcohol or a controlled substance occurs, appropriate medical procedures and tests should be utilized to assure accurate and proper results. Confidentiality of the testing process and results is an important aspect of this procedure for any affected employee.
A "reasonable suspicion" must be based upon specific, reliable observation that the appointing authority or designee can articulate concerning the appearance, behavior, speech or body odor of the employee. The following observations may indicate drug or alcohol use: unsteady gait,
It is also not unreasonable for the appointing authority to consider the employee's time and attendance patterns, such as absences around weekends, pass days or payday, excessive use of sick leave, excessive lateness and unauthorized absences, on-the-job accidents, difficulty in recalling instructions or conversation, poor relationships with co-workers and supervisors, and other variations in productivity when making a determination as to whether a "reasonable suspicion" that an employee is suffering from a drug- or alcohol-related disability is present.
Such medical examinations may be required under the safeguards of Section 72 of the Civil Service Law for employees who are permanently appointed competitive employees or employees subject to due process before termination. Other State employees who are not entitled to any due process protection before being terminated or placed on involuntary leave may also be required to undergo such a medical examination, if appropriate under the circumstances.
Once a determination is made that an employee is using, is under the influence of, or is not able to perform his or her duties due to alcohol or a controlled substance, the appointing authority may determine the appropriate action to take. When considering the appropriate action to take, the appointing authority may determine that the affected employee should be disciplined because of the alcohol or drug use. Disciplinary action may be taken pursuant to the procedures contained in the collectively negotiated agreement or the law, as appropriate and required.
On the other hand, the appointing authority may determine that, given the nature of the job and the employee involved, the employee could benefit from the Employee Assistance Program (EAP). In such a case, the employee should be directed to the appropriate EAP coordinator to assist him or her with whatever problem exists. The Employee Assistance Program is a referral service set up at individual work sites and available to every employee. Should the employee have a drug or alcohol-related problem, EAP would provide the employee with a list of places which treat such conditions.
Where an employee is disabled by alcohol or drug use, the appointing authority may also decide to pursue the available disability leave procedures contained in Section 72 of the Civil Service Law. While employee union representation or concurrence is not required when pursuing Section 72 action, it is suggested that appropriate employee representatives be alerted as to the action contemplated.
An agency which has existing additional policies, procedures or practices which apply to its employees may continue to implement those policies, procedures
The State University College at Oneonta is committed to the development and maintenance of a drug-free environment and, in accordance with the Federal Drug-Free Workplace Act of 1988, will not tolerate the unlawful possession and use of controlled substances (drugs) on its premises. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in and on property owned by or under the control of the State University College at Oneonta.
II. GUIDELINES AND PROCEDURES
A. Compliance with the provisions of this policy shall be a condition of employment with the State University College at Oneonta.
B. Employees who violate this policy will be subject to the disciplinary procedures provided by the various negotiated Agreements or such other corrective action as the President or the President’s designee may deem appropriate. Other corrective action may include satisfactory participation in an approved drug rehabilitation program. Student employees will be subject to the judicial procedures specified in the Student Handbook.
C. Any employee or student employee convicted of any criminal drug statute violation occurring in or on property owned or controlled by the State University College at Oneonta is required to give a signed, written notice of the conviction to the College’s Director of University Police within five (5) calendar days following the conviction.
D. State University College at Oneonta shall notify the appropriate federal agency, if applicable, within ten (10) days of receipt of a notice of an employee or student employee conviction as described in C above.
E. State University College at Oneonta will make a good faith effort to maintain a drug-free workplace. That effort will include drug awareness education programs, an Employee Assistance Program to assist employees seeking treatment and rehabilitation programs, and the implementation and strict enforcement of this policy.
SUNY ONEONTA POLICY STATEMENT:
COMPLIANCE WITH THE DRUG-FREE SCHOOLS &
COMMUNITIES ACT AMENDMENTS OF 1989
SUNY Oneonta hereby prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on our property or as any part of our institutional activities.
SUNY Oneonta will impose sanctions on students and employees who violate this policy consistent with local, state and Federal law. Employees will be Subject to the disciplinary procedures provided by the various Agreements or such other corrective action as the President or President’s designee may deem appropriate. Action may include expulsion or termination of employment and reporting to appropriate law enforcement agencies. Other corrective action may include the completion of an appropriate rehabilitation program. Students will be subject to the judicial procedures specified in the Student Handbook.
SUNY Oneonta will interpret local, state and Federal regulations in the strictest sense to assure a drug-free workplace.
SUNY Oneonta, on an annual basis, will provide to each student and employee brochures describing the health risks associated with the use of illicit drugs and the abuse of alcohol.
SUNY Oneonta is committed to offering employees and students counseling and/or referral to the appropriate agencies for problems associated with drugs and alcohol. For employees, our Employee Assistance Program is available offering confidential referral to outside agencies; for students, the campus Counseling Center is available for confidential counseling and referral as needed.
Finally, SUNY Oneonta commits to biennial reviews of our programs associated with this statement to determine program effectiveness and implement necessary changes. It is also our intention to assure consistent applications of this policy to all students and employees alike.
For more information about the Effects and Health Risks of drugs and alcohol go to:
The Family and Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of unpaid job-protected leave to eligible employees for certain family and medical reasons. This act became effective on February 5,
Full-time and part-time employees are eligible after one year of service at SUNY Oneonta and must have worked at least 1250 hours over the previous twelve (12) months.
Employee benefits must continue during the FMLA leave at the same cost the employee would pay if in active work status. An employee may elect to use accruals as part of the FMLA leave. Upon return from FMLA leave, most employees must be restored to original or equivalent positions with equivalent pay, benefits, and other employment terms.
The FMLA does not diminish the leave rights already enjoyed by State employees.
Detailed information can be obtained from the Office of Human Resources at 436-2509.
View the U.S. Department of Labor, Employment Standards Administration Wage and Hour Division's Publication 1420 (June 1993) regarding an employee's rights under the FMLA.
See a detailed look at the definition of "Serious Health Condition", as stated in the Family Medical Leave Act.
If you are out of work for health reasons and think it might fall under FMLA, please contact the Office of Human Resources (ext 2509) as soon as possible.
Nepotism is defined for these purposes as the making by an employee of any official employment decision concerning a member of the employee's immediate family. Immediate family is defined as spouses, children, stepchildren, parents, siblings, in-laws, nieces, nephews or anyone else related by blood, marriage or adoption. Nepotism is prohibited.
- No individual shall be a part of any official employment decision concerning a member of his or her immediate family. An employment decision includes, but is not limited to, the screening of applications or resumes, telephone interviews, on-campus interviews, reference checks, hiring, promotion, tenure, demotion, transfer, layoff, conditions of work, compensation and selection for training.
- No employee may be the immediate supervisor of an immediate family member. In such case, the immediate family member will be supervised by the next level supervisor.
- Any questions about this policy should be referred to the Director of Human Resources for resolution.
It is the objective of the State University of New York College at Oneonta’s Payroll Office to make known the policies and procedures associated with the distribution of paychecks.
To ensure the receipt and safe-handling of any and all paychecks and direct deposit
APPLICABILITY OF THE POLICY
This policy applies to all Faculty and Staff as well as College departments involved in the distribution of employee paychecks.
Paychecks will be sorted and made available for distribution from the Payroll Office in Netzer 214 by 8:00 a.m.
Individuals designated to receive checks and direct deposit
- If the employee has direct deposit (indicated by a “D” on the advice), department designees may send the check stub to the staff member’s home address or leave the stub in his/her mailbox.
- Check stubs must be kept secure from the time they are received by the department until properly distributed. Live Paychecks - Employees within departments may personally pick up their checks from the department designee by 3 p.m. If this option is chosen, employees need to sign and date the paycheck distribution list (name in full) indicating their check has been received.
- No paychecks are to be mailed home without written permission. If employees wish to have their paychecks mailed, it is preferable that they complete a “Permission to Mail Checks Home” form with the Payroll Office and their check will be mailed prior to departmental distribution.
If permission slips have been collected within the department as opposed to the Payroll Office, the department has then taken on the responsibility of mailing those checks as well as any and all related mail charges. Under no circumstances may employee paychecks be placed in campus mailboxes for distribution.
- At 3 p.m. on payday, unclaimed checks must be taken to the Accounting Office, Room 245 Netzer, to be held for employee pick up. Under no circumstances should paychecks be kept in departments after 3 p.m. This rule must be adhered to in order to account for and secure all checks that are not picked up on payday. Bring the office copy of the paycheck distribution list and ensure that the Accounting Office personnel sign for checks left with them.
- A photocopy of the completed paycheck distribution list must be dropped off to the payroll office by the Thursday of pay week. A completed paycheck distribution list should have either the full signature of all of the employees who receive checks or the signature of the personnel in the accounting office who signed for the checks that were delivered to them. If all of the employees in your department have direct deposit a photocopy will not be required to be sent to the payroll office.
- Faculty and staff may pick up their unclaimed checks in the Accounting office during normal business hours (8 am – 4 pm, except lunch) Monday – Friday. Identification must be presented before checks will be released.
- Checks must be kept secure from the time they are received by the department until properly distributed. FORMS Permission to Mail Checks Home
Questions related to the Paycheck Distribution Policy should be directed to:
Direct Deposit Form Payroll Calendars
EFFECTIVE DATES 1995 to Present
It is the policy of the State of New York to provide full-time and part-time eligible employees sick leave as a financial protection against illness, injury or temporary disability. Employees will accrue sick leave as noted in the various bargaining agreements or according to state policy. Sick leave accruals may be used for the following purposes:
- Illness or injury of the employee including but not limited to surgery, hospitalization, pregnancy, illness and other related conditions that disable an employee.
- Illness or injury of an employee's family member including a parent or any person with whom the employee makes his or her home up to the specified number of days per year (see individual bargaining Agreements).
- Medical/dental appointments of the employee or employee's spouse, child, parent where the employee's presence is considered necessary.
When an employee retires, the number of accrued sick days is converted to a dollar figure. That money is then used by the New York State Department of Civil Service to help pay for the costs of health insurance after retirement for the employee and his/her spouse. Employees should make every effort to build the maximum sick leave accrual bank to ensure that these costs will be paid in retirement and not taken directly from the pension check.
Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the University community.
Workplace violence should promptly be reported to the appropriate University official (see below). Additionally, all members of the University community are encouraged to
report behavior they reasonably believe poses a potential for workplace violence in order to maintain a safe working and learning environment.
A. Any person experiencing or witnessing imminent danger or personal injury or violence involving weapons or actual violence should call the University Police or 911 immediately.
B. Any person who is the subject of a suspected violation of the Workplace Violence Prevention Policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to University Police.
C. Employees are expected to report any threat or act of violence that they have witnessed, received, or have been informed of, to University Police and
1. if an employee is involved, also notify the supervisor or manager; or
2. if a student is involved, also notify the Vice President of Student Development
3. University Police will notify the office of Human Resources.
D. Every threat must be reported
E. Employees who commit a violent act or threaten to commit a violent act are subject to disciplinary action and/or criminal prosecution as appropriate.
F. Any individual who makes a substantial threat exhibits threatening behavior or engages in violent acts on the University property shall be subject to removal from the premises as quickly as safety permits, pending the outcome of an investigation.
A. All employees are responsible for helping to maintain a safe work and educational environment and are urged to take reasonable precautions to prevent violence and other unsafe conditions in the workplace and report indicators of increased risk of violent behavior including but not limited to the following examples:
Precautions: • In response to telephone inquiries, do not release information about coworkers’ schedules, home telephone numbers, or other personal information.
• In the event of suspicious conduct, request the credentials of any stranger who enters your office to do repair or other service work. If necessary, verify the work request with the Department requesting the work.
• Never leave money, credit card travel documents or
• If something is stolen, report it immediately to University Police. Indicators²:
• Direct or veiled threats of harm;
• Intimidating, belligerent, harassing, bullying, or other inappropriate and aggressive behavior;
• Numerous conflicts with supervisors and other employees;
• Bringing a weapon to the workplace, brandishing a weapon in the workplace, making inappropriate references to guns, or fascination with weapons;
• Statements showing fascination with incidents of workplace violence, statements indicating approval of the use of violence to resolve a problem, or statements indicating identification with perpetrators of workplace homicides;
• Statements indicating desperation (over family, financial, and other personal problems) to the point of contemplating suicide;
• Drug/alcohol abuse; and
• Extreme changes in behavior.
B. Employees are expected to notify University Police whenever a protective restraining order is granted which mentions University property, or involves a University employee, or a person working at or attending the University, and provide a copy of the order to the University Police. Appropriate efforts will be made to protect the privacy and sensitivity of the information provided. Employees should also notify their supervisor. Confidentiality will be maintained to the extent possible.
C. Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their
D. All employees have an obligation to report any incidents of violence and/or inappropriate conduct or behavior to their supervisor or University Police immediately and University Police will notify the Office of Human Resources.
E. Any employee or representative of employees who believes that a serious violation of a workplace violence protection program exists or that an imminent danger exists shall bring such matter to the attention of a supervisor in the form of a written notice. If, following a written notice, the matter has not been resolved and the employee or representative still believes that a violation of a workplace violence prevention program remains, or that an imminent danger exists, the employee or representative should consult with Human Resources Department or University Police. Supervisors
A. Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within his/her area of jurisdiction for the implementation of this policy.
B. Supervisors are required to contact the University Police immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
C. Supervisors must report to the University Police any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the University Police and immediate supervisor, the supervisor should keep it confidential and disclose it only as necessary during the investigation process and/or subsequent proceedings. In all cases, the respective Vice President must be notified about complaints/incidents.
D. Every supervisor is obligated to report any knowledge of such conduct to the office of Human Resources immediately University Police
A. University Police is responsible for:
• responding to;
• documenting³ all incidents of violence in the workplace; and
• provide training to all employees on an annual basis
B. University Police will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee, or notify the appropriate University official of an incident with a student.
C. University Police will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President 3 For recordkeeping requirements see NYS Labor Law §27-a. Safety and health standards for public employees. detailing the number and description of workplace violence incidents, the disposition of the incidents, and recommend policy, training issues, or security procedures that were or should be implemented to maintain a safe working and learning environment.
D. University Police officers will be trained in workplace violence awareness and prevention, non-violent crisis intervention, conflict management, and dispute resolution.
E. When informed, University Police will maintain a record of any Orders of Protection and will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available. Such services are to be extended at the discretion of the Chief of Police or designee.
F. Employees will receive appropriate training pursuant to New York State Labor Law §27b on an annual basis by University Police.
G. University Police will also be responsible for annually disseminating this policy to all employees, as well as posting the policy throughout the campus and on the University’s website, as appropriate. Every employee must sign for receipt of this policy and procedure upon publication or at orientation. Receipt of training each year will be kept with the University Police business records. Office of Human Resources
A. The Office of Human Resources (HR) is responsible for:
• Assisting the Chief of Police and supervisors in responding to workplace violence;
• Facilitating appropriate responses to reported incidents of workplace violence;
• Notifying the University Police of workplace violence incidents reported to HR; and
• Consulting with, as necessary, counseling services to secure professional intervention.
B. The Office of Human Resources is responsible for providing new employees or employees transferred to the University with a copy of the Workplace Violence Policy and Procedure. Workplace Violence Advisory Team (WVAT)
A. The permanent members of the Advisory Team will be the University Police Chief, Office of Human Resources and Office of Facilities and Safety. Other members may include faculty, staff, students, and other administration as deemed necessary by the President. Workplace Violence Assessment
A. The permanent members of the WVAT will review annually the Workplace Violence Assessment survey for the campus.