Skip To Main Content

8130.2R Workplace Violence Prevention

  • 8000: Support Services
8130.2R Workplace Violence Prevention

Policy Statement

The Brentwood Union Free School District is committed to creating and sustaining a safe and violence-free environment that fosters academic excellence, student experience and community connections for everyone in our school community: staff, students, volunteers, families and visitors. To this end, the District develops and maintains systems and structures to both prevent and respond to violence.

On September 6, 2023, NYS Governor Kathy Hochul signed the Workplace Violence Prevention (WVP) Act. This was a modification of the original law, which was signed into law on June 7, 2006. This legislation requires public employers to perform a risk evaluation of their workplaces and develop and implement programs to prevent and minimize workplace assaults and homicides. Amendments to the original law require school districts to develop and maintain a Workplace Violence Prevention Program to ensure the safety of all members of the school community.

The District affirms that it can both support and protect employees while providing a secure environment for students. The development and maintenance of a Workplace Violence Prevention Program will further support these goals. It is recognized that this Program does not change or undermine any rights of students pursuant to the United States or New York State constitutions, Federal law (including but not limited to the Individuals with Disabilities in Education Act, the Family Educational Rights and Privacy Act, and/or Section 504 of the Rehabilitation Act of 1973), New York State law (including but not limited to the Dignity for All Students Act and Section 3214 of the New York State Education Law), and/or any regulations or guidance put forth by the Commissioner of Education. The District will annually evaluate the physical and environmental threats employees face, along with reviewing the Workplace Violence Prevention Program.

Purpose and Goals

The purpose of the Workplace Violence Prevention Program is to address potential workplace violence, prevent workplace violence from occurring to the fullest extent possible and set forth procedures when such incidents occur. We aim to provide information to administrators, supervisors and employees about prevention and response.

The goals of the Program are:

  1. To reduce the probability of threats or acts of violence in the workplace; and
  2. To ensure that incidents, complaints or reports of violence are addressed in a timely manner.

The District is committed to providing its employees with a reasonably safe and secure work environment. The Board of Education Policy Statement on the WVP Program will be clearly posted in each building as well as on our website to advise all employees on how and when to report.

Definition of Workplace Violence

The term “workplace violence” is defined as any physical assault or acts of aggressive behavior occurring where a public employee performs any work-related duty in the course of their employment, including but not limited to:

  • An attempt or threat, whether verbal or physical, to inflict physical injury upon the employee;
  • Any intentional display of force that would give an employee reason to fear or expect bodily harm;
  • Intentional and wrongful physical contact with a person without their consent that entails some injury; 
  • Possession of a weapon while on District property or while engaged in District business; and
  • Stalking an employee with the intent of causing fear of material harm to the physical safety and health of the employee when such stalking has arisen through, and in the course of, employment. 

Scope of Program

All District employees are required to comply with this Program. In addition, visitors to District-owned property and facilities are required to conduct themselves in a non-violent manner in conformity with the Code of Conduct (Policy 5300) and existing law. Employees who observe or experience visitors engaging in violent behavior should follow the procedures for reporting such behavior in the policy.

Application of Program

Violence or other physically disruptive behavior by or against an employee of the District is unacceptable. Adults who commit such acts may be removed from the premises and may be subject to appropriate disciplinary action. This could include termination of employment and/or criminal penalties, when legally appropriate. Students who engage in physically disruptive or hurtful ways with staff may experience a range of remediation procedures or disciplinary consequences. Changes may be required to better protect the safety and welfare of both our staff and student populations. The District will conduct regular review of the Program to amend or expand it as needed.

Training

All District employees will be informed of the requirements of the law, the risk factors in their workplace and the location of the written Workplace Violence Protection Program. Training is required for employees on the measures they can take to protect themselves from the risks identified in the assessment and the details of the written Workplace Violence Protection Program. Employee workplace violence training will be provided annually, and will include a range of topics, developed in partnership with District stakeholders.

Training is being provided by Vector Solutions.

Reporting of Violence

An effective reporting system: (1) protects District employees from harm in the workplace; (2) assists management in its effort to maintain a safe and productive work environment; and (3) ensures management the opportunity to investigate and determine the cause(s) and make recommendations to minimize recurrence. All workplace violence incident reports must be in writing.

Any employee who witnesses or encounters any act of violence should do the following:

  • Call 911, when imminent danger is present, as appropriate.
  • Immediately notify their supervisor and/or Security, as appropriate.
  • Complete the “Workplace Violence Incident Report (8130.2F)” which is available online and submit the completed form to the appropriate supervisor. The District will then take necessary action. Any employee who believes that an imminent danger exists should bring the matter to their supervisor’s immediate attention. 

Supervisors/managers should approach such situations with caution, balancing the need to maintain an orderly workplace with personal safety. Following notification, District management will be given reasonable time to take corrective action. If no such action has been taken, the employee or their representative may inform the Commissioner of Labor of the danger and request that an inspection be conducted. Such a request must be in writing and include, with a reasonable level of specificity, the grounds of the notice. 

The District is prohibited by law from taking any retaliatory action against any employee who: (1) has made management aware of what the employee deems to be an imminent danger; (2) has requested that the Commissioner of Labor conduct an inspection; or (3) accompanies the Commissioner during an inspection of the District, pursuant to §27-b.6 of Article 2 of the State Labor Law. 12 NYCRR Part 800.6(g)(2)(viii)

Note: Nothing in this part shall require the disclosure of information otherwise kept confidential for security reasons. Such information may include information, which, if disclosed, would:

  • Interfere with law enforcement investigations or judicial proceedings;
  • Deprive a person of a right to a fair trial or impartial adjudication;
  • Identify a confidential source or disclose confidential information relating to a criminal investigation;
  • Reveal criminal investigative techniques or procedures, except routine techniques and procedures; or
  • Endanger the life or safety of any person.

Workplace Risk Evaluation

Certain factors or situations may place employees at a greater risk of workplace violence. This workplace evaluation is based on reviews of the Occupational and Health Administration (OSHA 200) logs, workplace violence incident reports and surveys conducted by the District.

Risk Evaluation and Methods to Prevent Incidents

Workplace violence can occur in any workplace setting; however, some settings or factors may pose a greater degree of workplace violence risk. Employment situations or factors that may pose higher risks for District employees include, but are not limited to:

  • Working in a public setting
  • Working alone or in small numbers

All District sites were surveyed along with authorized employee representative(s) and hazards were identified.

Hierarchy of Controls

The Program shall adhere to the following hierarchy of controls: engineering controls, work practice controls, and personal protective equipment.

Program Review

The District will review and update this Program on an annual basis. Such review and update shall set forth any mitigating steps taken in response to any incident of workplace violence.

Workplace Violence Prevention Committee Members

  • Wanda Ortiz-Rivera, Superintendent of Schools
  • Board of Education Representative
  • Stacy O'Connor, Asst. Superintendent for Finance and Operations
  • Dr. Vincent Leone, Coordinator of Funded Programs and Compliance
  • Nicole Valente, School Personnel Officer
  • Byron McCray, Director of School Safety
  • Vincent Todisco, Asst. Coordinator of Funded Programs

Revision Approved by the Board of Education: 09/26/24

Click here to view the PDF.