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UW Policy Directory

APS 46.8 – Providing Reasonable Accommodations and Time Off for Domestic Violence, Sexual Assault, Stalking, or Hate Crime

Table of Contents

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(Approved by authority of the President) 

Purpose

This policy is adopted in accordance with Chapter 49.76 RCW, Chapter 357-26 WAC, Chapter 357-31 WAC, and Governor’s Executive Order 96-05.

Scope

This policy applies to University employees.

Definitions

Responsibilities

SafeCampus and Campus Community Safety

Reasonable workplace safety accommodations are implemented in consultation with the requesting employee, employee managers, SafeCampus and/or Campus Community Safety.

UW Human Resources

UW Human Resources establishes absence request and verification procedures to implement reasonable time off and eligible leave under this policy.

Violence Prevention and Response Training

SafeCampus is responsible for administering the Violence Prevention and Response training.

Office of Youth Protection and Campus Community Safety

In circumstances where children are involved as impacted parties, the Office of Youth Protection is responsible for providing a safety assessment in partnership with Campus Community Safety.

Policy Statements

1.  The University Does Not Tolerate Acts of Domestic Violence in the Workplace

1.1. The University does not tolerate acts of domestic violence in the workplace, including offices, facilities, worksites, vehicles, or other locations where University business is conducted.

1.2. The University is committed to taking measures to protect the safety of a child by abiding by protection orders and other provisions put into place by the Washington State Department of Children, Youth, and Families.

1.3. Domestic violence perpetrators may be removed from the premises and may be subject to arrest and/or criminal prosecution.

1.4. 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 (see Executive Order No. 81, Prohibiting Discrimination, Harassment, and Sexual Misconduct).

2. Reasonable Time Off for Domestic Violence, Sexual Assault, Stalking, or Hate Crime

2.1. Allowable Reasons

Consistent with RCW 49.76.030, the University will provide if needed a reasonable leave of absence from work, intermittent time off, or a temporarily reduced leave schedule to allow an employee who is a victim of domestic violence, sexual assault, stalking, or a hate crime or who has a family member who is a victim of such crimes to:

2.1.1.  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, stalking, or hate crime.

2.1.2.  Seek treatment by a health care provider for physical or mental injury caused by domestic violence, sexual assault, stalking, or hate crime to attend to the health care treatment of a victim who is the employee’s family member and a victim of such crimes;

2.1.3.  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, stalking, or hate crime;

2.1.4.  Obtain or assist a family member in obtaining mental health counseling related to domestic violence, sexual assault, stalking, or hate crime when the employee or family member is a victim of such crimes;

2.1.5.  Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family member from future incidents of domestic violence, sexual assault, or stalking.

2.2. Eligible Time Off Types

Time off under this policy may be taken as sick time off, vacation time off, personal holiday, compensatory time off, holiday credit time off, discretionary time off, shared leave, shore leave, faculty paid sick leave, or unpaid time off in accordance with respective leave and time off policies. If applicable, and to the extent allowed by law, health insurance coverage will continue during absences taken under this policy.

2.3. Advance Notification of the Need for Time Off

Employees who need to take time off or 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, stalking, or hate crime, the employee or the employee’s designee must give notice by the end of the first day of absence.

3.  Reasonable Safety Accommodation

3.1. Employees may request a reasonable safety accommodation in response to actual or threatened domestic violence, sexual assault, stalking, or hate crime 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. An applicant for a classified position may request safety accommodation consistent with RCW 49.76.115.

3.2. Every reasonable effort will be made to assist employees who are victims of domestic violence to find continued state employment when there is a need for the employee to relocate for safety reasons.

3.3.  The University will not refuse to make a reasonable safety accommodation requested by an employee or applicant to a classified position who is a victim of domestic violence, sexual assault, stalking, or hate crime unless the University can demonstrate the accommodation would impose an undue hardship.

4.  Verification of Need for a Leave of Absence and/or Reasonable Safety Accommodation

The University may require an employee to verify that the request for time off or a reasonable safety accommodation is based on one of the reasons described in Sections 2 and 3. If required, verification must be provided in a timely manner.

4.1.  An employee may provide verification through one or more of the following:

4.1.1.  A police report indicating that the employee or family member was a victim of domestic violence, sexual assault, stalking, or hate crime.

4.1.2.  A court protection order separating the employee or family member from a perpetrator of domestic violence, sexual assault, stalking, or hate crime.

4.1.3.  Documentation from an attorney, victim advocate, member of the clergy, or a medical or other professional stating that the employee or family member is a victim of domestic violence, sexual assault, stalking, or hate crime.

4.1.4.  An employee’s written statement that the employee or the family member is a victim of domestic violence, sexual assault, stalking, or hate crime, and that the leave requested is for one of the reasons described in Sections 2 and 3 or the safety accommodation requested is to protect the employee from such crimes.

4.1.5.  Family relationships can be verified by a statement from the employee, a birth certificate, a court document, or other similar documentation.

5.  Confidentiality of Information

5.1. 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.

5.2. The University will provide assistance to victims of domestic violence, sexual assault, stalking or hate crime in a confidential setting.

5.3. Employees who report conduct prohibited by Executive Order No. 81 are encouraged to refer to that order and associated procedures for information related to privacy and confidentiality.

6.  Employment Restoration and Employment Protections

6.1.  Upon returning from an absence permitted by this policy, 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 limited-term position or a position for which the appointment has ended.

6.2.  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.

7. Required Training

All new University employees are required to complete Violence Prevention and Response training on domestic violence awareness as specified by SafeCampus.

8. Employee Resources

8.1.  Employees are encouraged to report domestic violence that may impact the workplace and request reasonable safety accommodations through SafeCampus or by contacting a confidential advocate. For emergencies or for immediate assistance, dial 911.

8.2.  Employees are encouraged to report conduct prohibited by Executive Order No. 81 to the Civil Rights Compliance Office consistent with that order.

8.3.  PEBB eligible employees are additionally encouraged to access the resources and services provided by the Washington State Employee Assistance Program (WA EAP).

Responsible Office and Additional Information

History

May 1, 2002; September 6, 2007; February 13, 2009; (formerly APS 11.7) October 13, 2020; March 3, 2026.