(Approved by the President per delegations of authority Administrative Order No. 10, Executive Order No. 4, and Executive Order No. 9)
This policy is adopted in accordance with Chapter 49.76 RCW and the Governor's Executive Order 96-05.
This policy applies to all University employees as defined in APS 40.1, regardless of employment program.
Terms used in this policy are defined as follows:
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.
| A. | 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: |
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| 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; |
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| 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; |
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| 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; |
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| 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; |
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| 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. |
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| B. | 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. |
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| C. | 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. |
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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.
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:
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.
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.
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.
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.
May 1, 2002; September 6, 2007; February 13, 2009; (formerly APS 11.7) October 13, 2020.