To view the policy, please click on the below link.

http://www.purchase.edu/live/files/1154-domestic-violence-in-the-workplace-policy

NET Card Policies

Purchase College - SUNY

NET Card Usage Policies and Procedures

(Updated August 21, 2019)

Introduction:

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

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

Issuance (Steps to Acquiring a NET Card):

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

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

Card Usage Requirements:

(1) NET Card – Acceptable Use

The NET card is used for the following;

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

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

(2) Who Should Have a NET Card?

Any College employee that;

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

Monthly Reporting:

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

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

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

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

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

Sexual harassment may include:

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

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

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

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

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

Sexual-based harassment may include:

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

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

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

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

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

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

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

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

David Sparnroft
Assistant Affirmative Action and Title IX Investigator

Purchase College
735 Anderson Hill Road
Purchase, NY 10577
(914) 251-5982
david.sparnroft@purchase.edu

Inquiries may also be directed to:

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

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

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

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

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

Sexual harassment may include:

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

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

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

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

Sexual-based harassment may include:

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

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

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

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

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

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

What you can do if you feel you are subjected to sexual harassment: 

1. Say “No.” Say it firmly, without smiling, without making an apology.
2. Keep a diary or log. Write down what is happening to you. Include direct quotes, any witnesses, or patterns to the harassment. Save any letters, cards, or notes sent to you. Keep both the log and notes in a secure place, preferably at home.
3. Deal with the situation immediately. Ignoring it will not make it go away. Indeed, it may worsen.
4. Talk to the person involved, if you feel you can. Explain why you are offended. Sometimes that is sufficient to clear the air. You may want to bring someone with you for support.
5. Ask: “How do you think your spouse, significant other, daughter or son would like being treated like this?”
6. Tell the harasser, “That sounds like sexual harassment.”
7. Write a letter to the person, especially if you feel direct confrontation is not possible or has not worked. If the person does not stop his or her behavior, you have a copy of your letter for further action. It should include (a) a short statement of the situation as you see it; (b) a description of your feelings and the damage that he or she has done; and (c) a short statement of behavior you would like to see.
8. If the above approaches have not been successful, you may want to discuss the situation with the College officers listed below to find other informal means to a resolution.
9. You may decide at any time to take formal action by filing a written complaint with the Affirmative Action Officer or the Director of Human Resources. Such complaints are taken seriously by the College and will result in formal action to eliminate the harassing behavior.  For incidents occurring on or before July 31, 2024, grievances made to the Affirmative Action Officer or the Director of Human Resources must be made in writing and must be brought within 90 days of the last incident to within 90 of the receipt of a grade. For incidents occurring on or after August 1, 2024, oral or written complaints can be made to Purchase College that objectively can be understood as a request for the institution to investigate and make a determination about alleged Sex-Based Harassment at the institution.

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

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

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

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

The following people on campus are available to help you:

Affirmative Action/Chief Diversity Officer, Title IX Coordinator and ADA Compliance Officer (914) 251-5992

Counseling and Behavioral Health Services: Confidential help 24/7 at (914) 251-6390. M-F, students may also email the Campus Victim Advocate at catherine.vanbomel@purchase.edu.

Employee Assistance Program Coordinator—(914) 251-6098
Student Services Building, Room 320

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

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

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

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

Alcohol and Controlled Substances in the Workplace Policy

Policy

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

Definitions

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

Applicability

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

Responsibilities

Employees

It is the policy of Purchase College that:

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

Supervisory

It is the policy of Purchase College that:

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

Management

It is the policy of Purchase College that:

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

Resources

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

Employee Assistance Program

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

Health Insurance Information

Purchase College’s employee health insurance plans provide coverage for substance abuse programs. Information regarding policy coverage is available at the SUNY Insurance Website.

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

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

Information about the substance use disorder treatment system, treatment options, access to care, including working with insurance companies, and locating a provider is available at OASAS.

HOPEline

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

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

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

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

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

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

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

Purchase’s Tobacco Free Policy

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

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

What Counts as “Tobacco”?

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

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

The Tobacco Free Committee

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

How Will Tobacco Free Work on Campus?

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

Compliance

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

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

Helping our Community to Stop Using Tobacco

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

Advertising, Promotion, and Sales

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

Sponsorships, Gifts, Funding, and Investments

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

Changing the Culture

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

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