APS 46.8 – Domestic Violence in the Workplace and Reasonable Accommodations and Leave Related to Domestic Violence, Sexual Assault, or Stalking

(Approved by the President per delegations of authority Administrative Order No. 10, Executive Order No. 4, and Executive Order No. 9) 

1.  Purpose

This policy is adopted in accordance with Chapter 49.76 RCW and the Governor’s Executive Order 96-05.

2.  Scope

This policy applies to all University employees as defined in APS 40.1, regardless of employment program.

3.  Definitions

Terms used in this policy are defined as follows:

• Child, spouse, parent, parent-in-law, grandparent, and sick leave and other paid time off as defined in RCW 49.12.265.
  
• Dating relationship as defined in RCW 7.105.010.
  
• Department, director, employer, and employee as defined in RCW 49.12.005.
  
• Domestic violence as defined in RCW 7.105.010.
  
• Family member as defined in RCW 49.76.020.
  
• Intermittent leave as defined in RCW 49.76.020.
  
• Reduced leave schedule as defined in RCW 49.76.020.
  
• Sexual assault as defined in RCW 70.125.030.
  
• Stalking as defined in RCW 9A.46.110.
  
• Undue hardship as defined RCW 49.76.115.

4.  Prohibition on Domestic Violence in the Workplace

The University does not tolerate domestic violence in the workplace, including offices, facilities, worksites, vehicles, or other locations where University business is conducted. Domestic violence perpetrators may be removed from the premises and may be subject to arrest and/or criminal prosecution. Employees who engage in domestic violence in the workplace, or who use University facilities, property, or resources to engage in domestic violence are subject to disciplinary action, including dismissal.

5.  Leave of Absence Related to Domestic Violence, Sexual Assault, or Stalking

1. Reasonable Leave of Absence
   
   Consistent with RCW 49.76.030, the University will provide, if needed, a reasonable leave of absence from work, intermittent leave, or a temporarily reduced schedule to allow an employee who is a victim of domestic violence, sexual assault, or stalking or who has a family member who is a victim of domestic violence, sexual assault, or stalking to:
   1. Seek legal or law enforcement assistance or remedies to ensure the employee’s personal safety or the safety of family members. This includes, but is not limited to, preparing for or participating in legal proceedings relating to domestic violence, sexual assault, or stalking;
   2. Seek treatment by a health care provider for physical or mental injury caused by domestic violence, sexual assault, or stalking or to attend to the health care treatment of a family member who is a victim of domestic violence, sexual assault, or stalking;
   3. Obtain or assist a family member in obtaining services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;
   4. Obtain or assist a family member in obtaining mental health counseling related to domestic violence, sexual assault, or stalking when the employee or family member is a victim of domestic violence, sexual assault, or stalking;
   5. Participate in safety planning to temporarily or permanently relocate or take other safety-related actions to provide for the employee or family member’s safety from future incidents of domestic violence, sexual assault, or stalking.
2. Employee Time Off Use
   
   During a leave of absence, depending on the employee’s employment program and time off balances, a leave of absence taken under this policy may be taken as sick time off, other paid time off, or unpaid time off. If applicable and to the extent allowed by law, health insurance coverage will continue during leave taken under this policy.
3. Employee Notification of the Need for Leave
   
   Employees who need to take a leave of absence under this policy must provide as much advance notice of the need for leave as possible. When an employee cannot provide advance notice because of an emergency or unforeseen circumstance related to domestic violence, sexual assault, or stalking, the employee or the employee’s designee must give notice by the end of the first day the employee takes leave.

6.  Reasonable Safety Accommodation

Consistent with RCW 49.76.115, an employee who is a victim of domestic violence, sexual assault, or stalking may request a reasonable safety accommodation in response to actual or threatened domestic violence, sexual assault, or stalking, including, but not limited to a transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement. The University will not refuse to make a reasonable safety accommodation requested by an employee who is a victim of domestic violence, sexual assault, or stalking unless the University can demonstrate the accommodation would impose an undue hardship.

7.  Verification of Need for a Leave of Absence and/or Reasonable Safety Accommodation Related to Domestic Violence, Sexual Assault, or Stalking

The University may require an employee to verify that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and that the leave of absence or reasonable accommodation is requested for one of the reasons described under this policy. If required, verification must be provided in a timely manner.

An employee can provide verification through one or more of the following:

• A police report indicating that the employee or family member was a victim of domestic violence, sexual assault, or stalking.
  
• A court protection order separating the employee or family member from a perpetrator of domestic violence, sexual assault, or stalking.
  
• Documentation that the employee or family member is a victim of domestic violence, sexual assault, or stalking from a domestic violence, sexual assault, or stalking advocate; an attorney; a member of the clergy; or a medical or other professional.
  
• An employee’s written statement that the employee or the family member is a victim of domestic violence, sexual assault, or stalking.
  
• Family relationship verification may be made by a statement from the employee, a birth certificate, a court document, or other similar documentation.

8.  Confidentiality of Information

Consistent with APS 2.2, University Privacy Policy, the University will treat information the employee provides confidentially. Information will be disclosed only if requested or consented to by the employee, as ordered by the court or administrative agency, or as otherwise required by applicable federal or state law.

9.  Employment Restoration

Upon returning from the leave of absence, the employee will be restored to the position held at the time leave began or to an equivalent position unless the employee was hired into a fixed-term position or appointment that has ended.

10.  Non-Retaliatory Action

The University will not take adverse employment action against an employee because the employee has exercised rights provided under this policy or the law upon which this policy is based.

11.  Responsible Office, Resources, and Additional Information

For emergencies or for immediate assistance, dial 911. Report domestic violence that intrudes into the workplace and request reasonable safety accommodations through SafeCampus or by contacting a confidential advocate. For more information on reporting behaviors of concern, refer to University policy and procedure on Workplace Violence.

12.  History

May 1, 2002; September 6, 2007; February 13, 2009; (formerly APS 11.7) October 13, 2020.