APPENDICES

APPENDIX A

ADDITIONAL INFORMATION ABOUT THE FLEXIBLE COMMON CORE¹

The Flexible Common Core features six liberal arts and sciences courses2, with at least one course from each of the following five areas and no more than two courses in any discipline or interdisciplinary field.

All Flexible Core courses must meet the following three learning outcomes. A student will:

• Gather, interpret, and assess information from a variety of sources and points of view.

• Evaluate evidence and arguments critically or analytically.

• Produce well-reasoned written or oral arguments using evidence to support conclusions.

World Cultures and Global Issues
A course in this area must meet at least three of the following additional learning outcomes. A student will:

• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring world cultures or global issues, including, but not limited to, anthropology, communications, cultural studies, economics, ethnic studies, foreign languages (building upon previous language acquisition), geography, history, political science, sociology, and world literature.

• Analyze culture, globalization, or global cultural diversity, and describe an event or process from more than one point of view.

• Analyze the historical development of one or more non-U.S. societies.

• Analyze the significance of one or more major movements that have shaped the world’s societies.

• Analyze and discuss the role that race, ethnicity, class, gender, language, sexual orientation, belief, or other forms of social differentiation play in world cultures or societies.

• Speak, read, and write a language other than English, and use that language to respond to cultures other than one’s own.

U.S. Experience in its Diversity
A course in this area must meet at least three of the following additional learning outcomes. A student will:

• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the U.S. experience in its diversity, including, but not limited to, anthropology, communications, cultural studies, economics, history, political science, psychology, public affairs, sociology, and U.S. literature.

• Analyze and explain one or more major themes of U.S. history from more than one informed perspective.

• Evaluate how indigenous populations, slavery, or immigration have shaped the development of the United States.

• Explain and evaluate the role of the United States in international relations.

•  Identify and differentiate among the legislative, judicial, and executive branches of government and analyze their influence on the development of U.S. democracy.

• Analyze and discuss common institutions or patterns of life in contemporary U.S. society and how they influence, or are influenced by, race, ethnicity, class, gender, sexual orientation, belief, or other forms of social differentiation.

Creative Expression
A course in this area must meet at least three of the following additional learning outcomes. A student will:

• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring creative expression, including, but not limited to, arts, communications, creative writing, media arts, music, and theater.

• Analyze how arts from diverse cultures of the past serve as a foundation for those of the present, and describe the significance of works of art in the societies that created them.

• Articulate how meaning is created in the arts or communications and how experience is interpreted and conveyed.

• Demonstrate knowledge of the skills involved in the creative process.

• Use appropriate technologies to conduct research and to communicate.

¹  This document is adapted from “Common Core Structure: Final Recommendation to the Chancellor,” accepted by Chancellor Goldstein in December 2011)

² “Liberal arts and sciences”courses are defined by the New York State Education Department. http://www.nysed.gov/college-university-evaluation/department-expectations-curriculum#c

Individual and Society
A course in this area must meet at least three of the following additional learning outcomes. A student will:

• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the relationship between the individual and society, including, but not limited to, anthropology, communications, cultural studies, history, journalism, philosophy, political science, psychology, public affairs, religion, and sociology.

• Examine how an individual’s place in society affects experiences, values, or choices.

• Articulate and assess ethical views and their underlying premises.

• Articulate ethical uses of data and other information resources to respond to problems and questions.

• Identify and engage with local, national, or global trends or ideologies, and analyze their impact on individual or collective decision-making.

Scientific World
A course in this area must meet at least three of the following additional learning outcomes. A student will:

• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the scientific world, including, but not limited to: computer science, history of science, life and physical sciences, linguistics, logic, mathematics, psychology, statistics, and technology-related studies.

• Demonstrate how tools of science, mathematics, technology, or formal analysis can be used to analyze problems and develop solutions.

• Articulate and evaluate the empirical evidence supporting a scientific or formal theory.

• Articulate and evaluate the impact of technologies and scientific discoveries on the contemporary world, such as issues of personal privacy, security, or ethical responsibilities.

• Understand the scientific principles underlying matters of policy or public concern in which science plays a role.

APPENDIX B

NOTICE OF ACCESS TO CAMPUS CRIME STATISTICS, THE CAMPUS SECURITY REPORT, AND INFORMATION ON REGISTERED SEX OFFENDERS

The College Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the U.S. Department of Education, as well as the annual campus security report. The campus security report includes: (1) the campus crime statistics for the most recent calendar year and the two preceding calendar years; (2) campus policies regarding procedures and facilities to report criminal actions or other emergencies on campus; (3) policies concerning the security of and access to campus facilities; (4) policies on campus law enforcement; (5) a description of campus programs to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others; (6) campus crime prevention programs; (7) policy concerning the monitoring through the police of criminal activity at off-campus locations of student organizations officially recognized by the college; (8) policies on illegal drugs, alcohol, and underage drinking; (9) where information provided by the State on registered sex offenders may be obtained (also see below); and (10) policies on campus sexual assault programs aimed at the prevention of sex offenses and procedures to be followed when a sex offense occurs. This information is maintained pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

The campus crime statistics and the annual campus security report are available in the Public Safety Office - Loew Hall 5th Floor, Office of Human Resources – South Hall Room 106 and Office of Student Affairs – Loew Hall Room 201. If you wish to be mailed copies of the campus crime statistics and the annual campus security report, you should contact public safety at 718-289-5923, and copies will be mailed to you within 10 days. The U.S. Department of Education’s website address for campus crime statistics is https://ope.ed.gov/campussafety/#/institution/search (then follow Step 1. Search Institution/Campus) You may contact the College’s public safety office (Loew Hall, RM 505) at 718-289-5923 to obtain information about Level 2 or Level 3 registered sex offenders on campus. To obtain information about Level 3 offenders, you may contact the Division’s registry website at www.criminaljustice.ny.gov/nsor/ and then click on “Search for Level 3 Sex Offenders” or access the directory at the college’s public safety department or police precinct. To obtain information about Level 2 offenders, you need to contact the public safety department, local police precinct in which the offender resides or attends college, or the Division’s sex offender registry at 800-262-3257.

APPENDIX C

Notification of Student Immunization Requirements

Students who do not submit proof of measles, mumps and rubella (MMR) immunization or who fail to return the meningococcal meningitis response form within a statutory grace period shall be prohibited from attending the institution. For additional information, you should contact the Health Services Center located in Loew Hall [LO], Room 101, or call 718-289-5858.

Public Health Law 2165 requires that post-secondary students be immunized against measles, mumps, and rubella (MMR).

All registered full-time students and part-time students born on or after January 1, 1957, who are enrolled for at least six, but fewer than twelve semester hours (or equivalent) per semester in an approved degree program or registered certificate program must submit proof of MMR immunization. Students may be exempt from the required MMR immunizations for religious or medical reasons. To qualify for a religious exception, students must submit a signed statement, or in the event the student is a minor (under 18), a signed statement from their parent or guardian, that they hold sincere and genuine religious beliefs that prohibit immunization. To qualify for a medical exception, students must submit a written statement from a licensed physician or nurse practitioner indicating that such immunization may be detrimental to their health.

Public Health Law 2167 requires that post-secondary institutions provide written information about meningococcal meningitis to its students and that students complete, sign, and return a meningococcal meningitis response form. Public Health Law 2167 does not require that students be immunized against meningitis.

Public Health Law 2167 requires colleges to distribute written information about meningococcal meningitis disease and vaccination and for students to complete, sign and return to the college, a meningococcal meningitis response form that: (a) confirms that the college has provided the information about meningococcal meningitis; and (b) indicates that either: (1) the student has received immunization against meningococcal meningitis within the 10 years preceding the date of the response form; or (2) the student has decided against receiving the vaccination. This law applies to students who are enrolled in at least six semester hours (or the equivalent) per semester. No student may be exempt from receiving information or returning the response form.

APPENDIX D

Special Provisions for Students in the Military

The following policies apply to students who leave CUNY to fulfill military obligations.

I. Students called to active duty or drafted before the end of the semester.

1. Grades. A student who is called to active duty in the armed forces of the United States after having attended regularly for 13 or more weeks or having completed 85% of the term’s work through acceleration may be given full credit for each course in which he or she has a grade of C or better.

   The student must follow their college’s policy on incomplete, and sign an incomplete contract with the instructor. The normal regulations apply, and grades will be recorded as failures if courses are not completed.

2. Refunds. A student called to active duty or drafted, and who does not attend for a sufficient time to qualify for a grade is entitled to a 100% refund of tuition and all other fees except application fees.

II. Students who volunteer (enlist) for the military.

1. Grades. A student who is called to active duty in the armed forces of the United States after having attended regularly for 13 or more weeks or having completed 85% of the term’s work through acceleration may be given full credit for each course in which he or she has a grade of C or better.

   The student must follow their college’s policy on incomplete, and sign an incomplete contract with the instructor. The normal regulations apply, and grades will be recorded as failures if courses are not completed.

2. Refunds. A student called to active duty or drafted, and who does not attend for a sufficient time to qualify for a grade is entitled to a 100% refund of tuition and all other fees except application fees.

1. Withdrawal before beginning of the 5th calendar week (3rd calendar week for summer session): 100% refund of tuition and all other fees except application fees.

2. Withdrawal thereafter: 50% refund.

III. Other Provisions for Military Service.

1. Resident Tuition Rates. These lower rates are applicable to all members of the armed services, their spouses and their dependent children, on full-time active duty and stationed in the State of New York.

2. Re-enrollment of Veterans. Veterans who are returning students are given preferred treatment in the following ways:

1. Veterans who were former students with unsatisfactory scholastic records may be readmitted with a probationary program.

2. Veterans, upon their return, may register even after normal registration periods, without late fees.

3. Granting of college credit for military service and armed forces instructional courses.

4. Veterans returning too late to register may audit lasses without charge.

C. Late Admissions. Veterans with no previous college experience are permitted to file applications up to the date of registration, and are allowed to begin classes pending completion of their application and provision of supporting documents.

D. Readmission Fee. Upon return from military service, a student will not be charged a Readmission Fee to register at the same college.

E. Veterans Tuition Deferrals. Veterans are entitled to defer the payment of tuition pending receipt of veterans’ benefits.

APPENDIX E

BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK No. 8. A. THE CITY UNIVERSITY OF NEW YORK-AMENDMENT TO THE POLICY ON WITHHOLDING STUDENT RECORDS RESOLVED:

That the existing Board of Trustees policy with respect to the withholding of student records as last amended on February 22, 1993, Gal. No. 7.C., be amended as follows:

Students who are delinquent and/or in default in any of their financial accounts with the college, the university or an appropriate state or federal agency for which the university acts as either a disbursing or certifying agent, and students who have not completed exit interviews as required by the federal Perkins Loan Program, the federal Family Education Loan Programs, the William D. Ford Federal Direct Loan Program, and the Nursing Student Loan Program, are not to be permitted to complete registration, or issued a copy of their grades, a transcript of academic record, certificate, or degree, nor are they to receive funds under the federal campus-based student assistance programs or the federal Pell Grant Program unless the designated officer, in exceptional hardship cases and consistent with federal and state regulations, waives in writing the application of this regulation.

EXPLANATION: The purpose of this amendment is to formally incorporate all of the applicable federal loan programs.

APPENDIX F

NOTIFICATION UNDER FERPA OF STUDENT RIGHTS CONCERNING EDUCATION RECORDS AND DIRECTORY INFORMATION

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. See Section “6” below on your right to prevent the disclosure of directory information. The FERPA rights of students are:

1. The right to inspect and review your education records. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

   All requests shall be granted or denied in writing within 45 days of receipt. If the request is granted, you will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 45 days, you may appeal to the college’s FERPA appeals officer. Additional information regarding the appeal procedures will be provided to you if a request is denied.

2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. You may ask the college to amend a record that you believe is inaccurate or misleading. You should write to the college official responsible for the record, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the college decides not to amend the record as requested by you, the college will notify you of the decision and advise you of your right to a hearing before the college’s FERPA appeals officer regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of your right to a hearing.

3. The right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to college officials with legitimate educational interests. A college official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another college official in performing his or her tasks.

   A college official has a legitimate educational interest if access is reasonably necessary in order to perform his/her instructional, research, administrative or other duties and responsibilities.

   Upon request, the college discloses education records without consent to officials of another college or school in which a student seeks or intends to enroll.

4. You may appeal the alleged denial of FERPA rights to the: General Counsel and Vice Chancellor for Legal Affairs, The City University of New York, 535 East 80th Street, New York, NY 10021.

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office, U.S. Department of Education, 600 Independence Avenue, SW Washington, D.C. 20202-4605.

6. The college will make the following “directory information” concerning current and former students available to those parties having a legitimate interest in the information: name, attendance dates (periods of enrollment), address, telephone number, date and place of birth, photograph, e-mail address, full or part-time status, enrollment status (undergraduate, graduate, etc.), level of education (credits) completed, major field of study, degree enrolled for, participation in officially recognized activities and sports, height and weight of athletic team members, previous school attended, and degrees, honors and awards received. By filing a form with the Registrar’s Office, you may request that any or all of this directory information not be released without your prior written consent. This form is available in the Registrar’s Office and may be filed, withdrawn, or modified at any time.

   
   

APPENDIX G

Freedom of Information Law Notice

Requests to inspect public records at the college should be made to the Records Access Officer, Change to: Susan G. Fiore, Esq., Interim Executive Legal Counsel, Deputy to the President, and Labor Designee, who is located at Language Hall [LH], Room 27; 2155 University Avenue; Bronx, NY 10453; 718.289.5809. Please include Ms. Grisselle Nadal, M.A., Confidential Executive Assistant to Legal Counsel and Labor Designee, on the correspondence; 718.289.5487. Public records are available for inspection and copying by appointment only at a location to be designated. You have a right to appeal a denial of a request for access to records to the CUNY General Counsel and Vice Chancellor for Legal Affairs. Copies of the CUNY Procedures for Public Access to Public Records pursuant to Article 6 of the Public Officers Law and the appeal form are available at the reference desk of the library and the college website.

APPENDIX H

The CUNY Workplace Violence Policy and Procedures

The City University of New York has a long-standing commitment to promoting a safe and secure academic and work environment that promotes the achievement of its mission of teaching, research, scholarship and service. All members of the University community—students, faculty and staff—are expected to maintain a working and learning environment free from violence, threats of harassment, violence, intimidation or coercion. While these behaviors are not prevalent at the University, no organization is immune.

The purpose of this policy is to address the issue of potential workplace violence in our community, prevent workplace violence from occurring to the fullest extent possible, and set forth procedures to be followed when such violence has occurred.

Policy
The City University of New York prohibits workplace violence. Violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property will not be tolerated. Complaints involving workplace violence will not be ignored and will be given the serious attention they deserve. Individuals who violate this policy may be removed from University property and are subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution. Complaints of sexual harassment are covered under the University’s Policy Against Sexual Harassment.

The University, at the request of an employee or student, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee or student on University property unless necessary to transact University-related business. This policy particularly applies in cases where the employee or student suspects that an act of violence will result from an encounter with said individuals.

Scope
All faculty, staff, students, vendors, contractors, consultants, and others who do business with the University, whether in a University facility or off-campus location where University business is conducted, are covered by this policy. This policy also applies to other persons not affiliated with the University, such as former employees, former students and visitors. When students have complaints about other students, they should contact the Office of Student Affairs at their campus.

Definitions
Workplace violence is any behavior that is violent, threatens violence, coerces, harasses or intimidates others, interferes with an individual’s legal rights of movement or expression, or disrupts the workplace, the academic environment, or the University’s ability to provide services to the public. Examples of workplace violence include, but are not limited to:

1. Disruptive behavior intended to disturb, interfere with or prevent normal work activities (such as yelling, using profanity, verbally abusing others, or waving arms and fists).

2. Intentional physical contact for the purpose of causing harm (such as slapping, stabbing, punching, striking, shoving, or other physical attack).

3. Menacing or threatening behavior (such as throwing objects, pounding on a desk or door, damaging property, stalking, or otherwise acting aggressively; or making oral or written statements specifically intended to frighten, coerce, or threaten) where a reasonable person would interpret such behavior as constituting evidence of intent to cause harm to individuals or property.

4. Possessing firearms, imitation firearms, knives or other dangerous weapons, instruments or materials. No one within the University community, shall have in their possession a firearm or other dangerous weapon, instrument or material that can be used to inflict bodily harm on an individual or damage to University property without specific written authorization from the Chancellor or the college President regardless of whether the individual possesses a valid permit to carry the firearm or weapon.

Reporting of Incidents

1. General Reporting Responsibilities
   Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the University community. Workplace violence should promptly be reported to the appropriate University official (see below). Additionally, faculty, staff and students are encouraged to report behavior that they reasonably believe poses a potential for workplace violence as defined above. It is important that all members of the University community take this responsibility seriously to effectively maintain a safe working and learning environment.
   

2. Imminent or Actual Violence
   Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call the Campus Public Safety Office immediately, or call 911.
   

3. Acts of Violence Not Involving Weapons or Injuries to Persons
   Any person who is the subject of a suspected violation of this policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to their respective Campus Public Safety Office. Students should report such incidents to the Office of Student Affairs at their campus or in lieu thereof, their campus Public Safety Office. The Campus Public Safety Office will work with the Office of Human Resources and the supervisor or the Office of Student Affairs on an appropriate response.
   

4. Commission of a Crime
   All individuals who believe a crime has been committed against them have the right, and are encouraged, to report the incident to the appropriate law enforcement agency.
   

5. False Reports
   Members of the University community who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to civil authorities as appropriate.
   

6. Incident Reports
   The University will report incidents of workplace violence consistent with the College Policies for Incident Reporting Under the Campus Security Policy and Statistical Act (Clery Act).

Responsibilities

1. Presidents
   The President of each constituent college of The City University of New York, the Chief Operating Officer at the Central Office, and the Deans of the Law School and the Sophie Davis School of Biomedical Education shall be responsible for the implementation of this policy on his or her respective campus. The responsibility includes dissemination of this policy to all members of the college community, ensuring appropriate investigation and follow-up of all alleged incidents of workplace violence, constituting a Workplace Violence Advisory Team (see #7 below), and ensuring that all administrators, managers, and supervisors are aware of their responsibilities under this policy through internal communications and training.

   
   

2. Campus Public Safety Office
   The Campus Public Safety Office is responsible for responding to, intervening, and documenting all incidents of violence in the workplace. The Campus Public Safety Office will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee, or notify the appropriate campus official of an incident with a student. All officers should be knowledgeable of when law enforcement action may be appropriate. Public Safety will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President (at the same time as the report noted below) detailing the number and description of workplace violence incidents, the disposition of the incidents, and recommend policy, training issues, or security procedures that were or should be implemented to maintain a safe working and learning environment. These incidents will be reported in the Annual Report of the College Advisory Committee on Campus Security consistent with the reporting requirements of Article 129A Subsection 6450 of the NYS Education Law (Regulation by Colleges of Conduct on Campuses and Other College Property for Educational Purposes).

   Officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.

   Officers will work closely with Human Resources when the possibility of workplace violence is heightened, as well as on the appropriate response to workplace violence incidents consistent with CUNY policies, rules, procedures and applicable labor agreements, including appropriate disciplinary action up to and including termination.
   

   When informed, Public Safety will maintain a record of any Orders of Protection for faculty, staff, and students. Public Safety will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available. Such services are to be extended at the discretion of the Campus Public Safety Director or designee. Only the President, or designee in his/her absence, can authorize escort service outside of the geographical confines of the college.
   

3. Supervisors
   Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within his/her area of jurisdiction for the implementation of this policy. Supervisors must report to their respective Campus Public Safety Office any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the Campus Public Safety Director and immediate supervisor, the supervisor should keep it confidential and not disclose it further, except as necessary during the investigation process and/or subsequent proceedings.
   

   Supervisors are required to contact the Campus Public Safety Office immediately in the event of imminent or actual violence involving weapons or potential physical injuries.

4. Faculty and Staff
   Faculty and staff must report workplace violence, as defined above, to their supervisor. Faculty and staff who are advised by a student that a workplace violence incident has occurred or has been observed must report this to the Campus Public Safety Director immediately. Recurring or persistent workplace violence that an employee reasonably believes is not being addressed satisfactorily, or violence that is, or has been, engaged in by the employee’s supervisor should be brought to the attention of the Campus Public Safety Director.

   Employees who have obtained Orders of Protection are expected to notify their supervisors and the Campus Public Safety Office of any orders that list CUNY locations as protected areas.

   Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, or the Campus Public Safety Office. Confidentiality will be maintained to the extent possible.

   Upon hiring, and annually thereafter, faculty and staff will receive copies of this policy. Additionally, the policy will be posted throughout the campus and be placed on the CUNY website and on the college’s website, as appropriate.

5. Office of Human Resources
   The Office of Human Resources at each campus is responsible for assisting the Campus Public Safety Director and supervisors in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; notifying the Campus Public Safety Office of workplace violence incidents reported to that office; and consulting with, as necessary, counseling services to secure professional intervention.

   The Office of Human Resources is responsible for providing new employees or employees transferred to the campus with a copy of the Workplace Violence Policy and Procedures and insuring that faculty and staff receive appropriate training. The Office of Human Resources will also be responsible for annually disseminating this policy to all faculty and staff at their campus, as well as posting the policy throughout the campus and on the college’s website, as appropriate.
   

6. Students
   Students who witness violence, learn of threats, or are victims of violence by employees, students or others should report the incident immediately to the Campus Public Safety Office. If there is no imminent danger, students should report threatening incidents by employees, students or others as soon as possible to the Campus Public Safety Office or Office of Student Affairs. Students will be provided with workplace violence awareness information (including information regarding available counseling services) upon registration each year.

7. Workplace Violence Advisory Team
   A college President shall establish a Workplace Violence Advisory Team at his/her college. This team, working with the College Advisory Committee on Campus Security, will assist the President in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; assessing the potential problem of workplace violence at its site; assessing the college’s readiness for dealing with workplace violence; evaluating incidents to prevent future occurrences; and utilizing prevention, intervention, and interviewing techniques in responding to workplace violence. This team will also develop workplace violence prevention tools (such as pamphlets, guidelines and handbooks) to further assist in recognizing and preventing workplace violence on campus. It is recommended that this team include representatives from Campus Public Safety, Human Resources, Labor Relations, Counseling Services, Occupational Health and Safety, Legal, and others, including faculty, staff and students, as deemed appropriate by the President.

   In lieu of establishing the Workplace Violence Advisory Team, a President may opt to expand the College Advisory Committee on Campus Security with representatives from the areas recommended above to address workplace violence issues at the campus and perform the functions outlined above.

8. University Communications
   All communications to the University community and outside entities regarding incidents of workplace violence will be made through the University Office of University Relations after consultation with the respective President or his/her designee.

Education
Colleges are responsible for the dissemination and enforcement of this policy as described herein, as well as for providing opportunities for training in the prevention and awareness of workplace violence. The Office of Faculty and Staff Relations will provide assistance to the campuses in identifying available training opportunities, as well as other resources and tools (such as reference materials detailing workplace violence warning signs) that can be incorporated into campus prevention materials for dissemination to the college community. Additionally, the Office of Faculty and Staff Relations will offer periodic training opportunities to supplement the college’s training programs.

Confidentiality
The University shall maintain the confidentiality of investigations of workplace violence to the extent possible. The University will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and well-being of members of the University community would be served by such action.

Retaliation
Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.

APPENDIX I

PROCEDURES FOR HANDLING STUDENT COMPLAINTS ABOUT FACULTY CONDUCT IN ACADEMIC SETTINGS

I. Introduction. The University and its Colleges have a variety of procedures for dealing with student-related issues, including grade appeals, academic integrity violations, student discipline, disclosure of student records, student elections, sexual harassment complaints, disability accommodations, and discrimination. One area not generally covered by other procedures concerns student complaints about faculty conduct in the classroom or other formal academic settings. The University respects the academic freedom of the faculty and will not interfere with it as it relates to the content or style of teaching activities. Indeed, academic freedom is and should be of paramount importance. At the same time the University recognizes its responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom and are not covered by other procedures. Examples might include incompetent or inefficient service, neglect of duty, physical or mental incapacity and conduct unbecoming a member of the staff.

II. Determination of Appropriate Procedure. If students have any question about the applicable procedure to follow for a particular complaint, they should consult with the chief student affairs officer. In particular, the chief student affairs officer should advise a student if some other procedure is applicable to the type of complaint the student has.

III. Informal Resolution. Students are encouraged to attempt to resolve complaints informally with the faculty member or to seek the assistance of the department chairperson or campus ombudsman to facilitate informal resolution.

IV. Formal Complaint. If the student does not pursue informal resolution, or if informal resolution is unsuccessful, the student may file a written complaint with the department chairperson or, if the chairperson is the subject of the complaint, with the academic dean or a senior faculty member designated by the college president. (This person will be referred to below as the Fact Finder.) Only students in a faculty member’s class or present in another academic setting where the alleged conduct occurred may file complaints against that faculty member.

A. The complaint shall be filed within 30 calendar days of the alleged conduct unless there is good cause shown for delay, including but not limited to delay caused by an attempt at informal resolution. The complaint shall be as specific as possible in describing the conduct complained of.

B. The Fact Finder shall promptly send a copy to the faculty member about whom the complaint is made, along with a letter stating that the filing of the complaint does not imply that any wrongdoing has occurred and that a faculty member must not retaliate in any way against a student for having made a complaint. If either the student or the faculty member has reason to believe that the department chairperson may be biased or otherwise unable to deal with the complaint in a fair and objective manner, he or she may submit to the academic dean or the senior faculty member designated by the college president a written request stating the reasons for that belief; if the request appears to have merit, that person may, in his or her sole discretion, replace the department chairperson as the Fact Finder. The chairperson may also submit a written request for recusal for good cause to the academic dean or senior faculty member designated by the college president to review such requests. If a recusal request is granted, a different department chairperson shall conduct the investigation, or, if no other chairperson is available, an administrator designated by the college president shall serve in the chairperson’s stead. Further, the college president may re-assign investigations as necessary, including but not limited to situations in which a Fact Finder has not completed an investigation in a timely manner. In addition, during any time that no department chairperson is available to investigate a complaint, the college president may assign an administrator to investigate.

C. The Fact Finder shall meet with the complaining student and faculty member, either separately or together, to discuss the complaint and to try to resolve it. The Fact Finder may seek the assistance of the campus ombudsman or other appropriate person to facilitate informal resolution.

D. If resolution is not possible, and the Fact Finder concludes that the facts alleged by the student, taken as true and viewed in the light most favorable to the student, establish that the conduct complained of is clearly protected by academic freedom, he or she shall issue a written report dismissing the complaint and setting forth the reasons for dismissal and send a copy to the complaining student, the faculty member, the chief academic officer and the chief student affairs officer. Otherwise, the Fact Finder shall conduct an investigation. The Fact Finder shall separately interview the complaining student, the faculty member and other persons with relevant knowledge and information and shall also consult with the chief student affairs officer and, if appropriate, the college ombudsman. The Fact Finder shall not reveal the identity of the complaining student and the faculty member to others except to the extent necessary to conduct the investigation. If the Fact Finder believes it would be helpful, he or she may meet again with the student and faculty member after completing the investigation in an effort to resolve the matter. The complaining student and the faculty member shall have the right to have a representative (including a union representative, student government representative or attorney) present during the initial meeting, the interview and any post- investigation meeting.

E. In cases where there is strong preliminary evidence that a student’s complaint is meritorious and that the student may suffer immediate and irreparable harm, the Fact Finder may provide appropriate interim relief to the complaining student pending the completion of the investigation. The affected faculty member may appeal such interim relief to the chief academic officer.

F. At the end of the investigation, the Fact Finder shall issue a written report setting forth his or her findings and recommendations, with particular focus on whether the conduct in question is protected by academic freedom, and send a copy to the complaining student, the faculty member, the chief academic officer and the chief student affairs officer. In ordinary cases, it is expected that the investigation and written report should be completed within 30 calendar days of the date the complaint was filed.

V. Appeals Procedure. If either the student or the faculty member is not satisfied with the report of the Fact Finder, the student or faculty member may file a written appeal to the chief academic officer within 10 calendar days of receiving the report, which time period may be extended for good cause shown. The chief academic officer shall convene and serve as the chairperson of an Appeals Committee, which shall also include the chief student affairs officer, two faculty members elected annually by the faculty council or senate and one student elected annually by the student senate. The Appeals Committee shall review the findings and recommendations of the report, with particular focus on whether the conduct in question is protected by academic freedom. The Appeals Committee shall not conduct a new factual investigation or overturn any factual findings contained in the report unless they are clearly erroneous. If the Appeals Committee decides to reverse the Fact Finder in a case where there has not been an investigation because the Fact Finder erroneously found that the alleged conduct was protected by academic freedom, it may remand to the Fact Finder for further proceedings. The committee shall issue a written decision within 20 calendar days of receiving the appeal. A copy of the decision shall be sent to the student, the faculty member, the department chairperson and the president.

VI. Subsequent Action. Following the completion of these procedures, the appropriate college official shall decide the appropriate action, if any, to take. For example, the department chairperson may decide to place a report in the faculty member’s personnel file or the president may bring disciplinary charges against the faculty member. Disciplinary charges may also be brought in extremely serious cases even though the college has not completed the entire investigative process described above; in that case, the bringing of disciplinary charges shall automatically suspend that process. Any action taken by a college, whether interim or final, must comply with the bylaws of the University and the collective bargaining agreement between the University and the Professional Staff Congress.

VII. Campus Implementation. Each campus shall implement these procedures and shall distribute them widely to administrators, faculty members and students and post them on the college website.

APPENDIX J

THE CITY UNIVERSITY OF NEW YORK POLICY ON SEXUAL MISCONDUCT

Policy Statement
CUNY students, employees and visitors deserve the opportunity to live, learn and work free from Sexual Misconduct. Accordingly, CUNY is committed to:

1. Defining conduct that constitutes Sexual Misconduct;

2. Providing clear guidelines for students, employees and visitors on how to report incidents of Sexual Misconduct;

3. Providing ongoing assistance and support to all parties after allegations of Sexual Misconduct have been made;

4. Promptly and respectfully responding to and investigating allegations of Sexual Misconduct, pursuing disciplinary action when appropriate and taking action to investigate and address any allegations of retaliation;

5. Providing awareness and prevention information on Sexual Misconduct, including widely disseminating this Policy, as well as a “Students’ Bill of Rights” and implementing training and educational programs on Sexual Misconduct to college constituencies;

6. Gathering and analyzing information and data that will be reviewed in order to improve safety, reporting, responsiveness and the resolution of allegations of Sexual Misconduct;

7. Distinguishing between the specific conduct defined as Title IX Sexual Harassment by the USDOE and the broader definition of Sexual Misconduct prohibited by this Policy; and

8. Ensuring compliance with the federal regulations under Title IX, and other federal, state and local laws.

This is CUNY’s sole policy to address Sexual Misconduct and it is applicable at all CUNY colleges and units. This Policy will be interpreted in accordance with the principles of academic freedom adopted by CUNY’s Board of Trustees.

Scope of this Policy
This Policy governs the conduct of CUNY students, employees and visitors. Visitors may report a violation of this Policy and may also be subject to restrictions for failing to comply with this Policy.

This Policy prohibits Sexual Misconduct that occurs on CUNY property and conduct that occurs off CUNY property but has a reasonable connection to CUNY.

Prohibited Conduct and Definitions
The following behaviors constitute Sexual Misconduct prohibited under this Policy:

a) Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence can be a single act or a pattern of behavior, based on the frequency, nature, and severity of the conduct. Dating violence includes the threat of sexual assault or physical abuse. The existence of such a relationship is determined based on a consideration of the following factors: (1) The length of the relationship; (2) The type of relationship and (3) The frequency of interaction between the persons involved in the relationship. A relationship may be romantic or intimate regardless of whether the relationship was sexual in nature.

b) Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim by a person with whom the victim shares a child, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under applicable domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws. Domestic violence can be a single act or a pattern of behavior, based on the frequency, nature, and severity of the conduct.

c) Sexual Assault: Contact is any sexual contact, including sexual touching for the purpose of sexual gratification of either party or degrading or abusing such person, without a person’s consent. Sexual touching includes contact under or over clothing with another person’s anus, breasts, buttocks, genitals, groin or inner thigh; touching another person anywhere with any of these body parts; making another person touch any of these body parts under or over clothing; or the emission of ejaculate on the clothing or body of another person.

d) Sexual Assault: Penetration is any form of vaginal, anal, or oral penetration or attempted penetration, however slight, by a penis, object, tongue, or finger without a person’s consent. This term includes incest and statutory rape.

e) Sexual Harassment is unwelcome verbal or physical behavior based on a person’s sex (including sexual orientation, gender, gender expression and gender identity, including transgender status). Conduct is considered “unwelcome” if the individual did not request or invite it and considered the conduct to be undesirable or offensive. This includes unwelcome conduct when: (1) a CUNY employee conditions the provision of an aid, benefit, or service of CUNY on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or (2) such conduct alters the conditions of, or has the effect of interfering with, an individual’s educational or work experience by creating an intimidating, hostile or offensive environment (hostile environment). The effect will be evaluated based on the perspective of a reasonable person in the position of a complainant. While it is not possible to list all circumstances that might constitute Sexual Harassment, the following are some examples of conduct that might constitute such harassment:

i. Suggestive body language or inappropriate or unwelcome physical contact that does not qualify as Sexual Assault: Contact;

ii. Verbal abuse or offensive comments of a sexual nature, including sexual slurs, persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;

iii. Making lewd or sexual comments about an individual’s appearance, body, or clothing;

iv. Visual displays or distribution of sexually explicit drawings, pictures, or written materials;

v. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making sexually suggestive gestures; or

vi. Offensive comments regarding a person’s sexual orientation, gender identity or gender expression, such as persistent mocking or disparagement of a person based on a perceived lack of stereotypical masculinity or femininity.

f) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for their safety or the safety of others or (2) suffer substantial emotional

Title IX Coordinator
Each college or unit of CUNY has an employee who has been designated as the Title IX Coordinator.8 This employee is responsible for compliance with Title IX of the Education Amendments of 1972, 20 U.S.C. chapter 38, which prohibits sex discrimination in education programs (including Title IX Sexual Harassment as it is defined above), New York State Law Article 129-B (“Enough is Enough”) and other federal, state and local laws pertaining to sex discrimination and sexual misconduct. The Title IX Coordinator has overall responsibility for implementing this Policy, including overseeing the investigation of allegations of Sexual Misconduct at their college or unit (including Title IX Sexual Harassment matters and Non- Title IX Sexual Misconduct matters) and carrying out the other functions of that position set forth in this Policy. All Title IX Coordinators will receive annual training as required by Title IX, the Clery Act, Enough is Enough, and other civil rights laws.

Resources and Information for Individuals Affected by Sexual Misconduct

A. Reporting to Outside Law Enforcement
Students, employees and other community members may choose to report Sexual Misconduct to local law enforcement and/or state police (“outside law enforcement”). However, CUNY does not require that a complainant report Sexual Misconduct to outside law enforcement; nor will CUNY do so without the complainant’s agreement, except in exceptional circumstances. The college may report Sexual Misconduct to outside law enforcement without the complainant’s consent when the college determines that the respondent poses a serious continuing threat to the physical safety of the complainant or another person.

If a student, employee or other community member chooses to report Sexual Misconduct to outside law enforcement, CUNY will provide assistance. Each college Public Safety office must have an appropriately trained employee available at all times to provide the complainant with information regarding options to proceed, including information regarding the criminal justice process and the preservation of evidence. Campus Public Safety officers can also assist the complainant with reporting allegations both on and off-campus and in obtaining immediate medical attention and other services.

Individuals who feel that they have been subjected to Sexual Misconduct have the right to avail themselves of any and all of their rights under law, including but not limited to filing complaints with one or more of the outside agencies listed below:

a. U.S. Department of Education, Office for Civil Rights

b. U.S. Equal Employment Opportunity Commission

c. New York State Division of Human Rights

d. New York City Commission on Human Rights

B. Differences between CUNY’s Process and Procedures and Those of Outside Law Enforcement
In cases where the complainant reports allegations to outside law enforcement authorities as well as to the college, the college must determine what actions to take based on its own investigation. The college may coordinate with outside law enforcement authorities in order to avoid interfering with their activities and, where possible, to obtain information regarding their investigation. Neither a law enforcement determination whether to prosecute a respondent, nor the outcome of any criminal prosecution, is dispositive of whether the respondent has committed a violation of this Policy.

Students, employees and other community members should be aware that CUNY procedures and standards differ from those of criminal law. When CUNY investigates allegations of Sexual Misconduct or brings disciplinary proceedings for violations of this Policy, the issue is whether the respondent violated CUNY policy. The standard applied in making this determination is whether the preponderance of the evidence supports a finding of responsibility, or, stated another way, whether it is more likely than not that the alleged conduct occurred. An individual found to have violated this Policy may be sanctioned by the college and CUNY. In the criminal justice system, on the other hand, the issue is whether the accused violated criminal law. The standard applied is proof beyond a reasonable doubt and an individual found guilty of a crime is subject to criminal penalties, such as incarceration, probation and fines.

C. Obtaining Immediate Medical Attention and Emotional Support
CUNY encourages anyone who has experienced Sexual Assault, Domestic Violence or Dating Violence to seek medical attention as soon as possible. Medical resources can provide treatment for injuries, preventative treatment for sexually transmitted diseases, emergency contraception and other health services. They can also assist in preserving evidence or documenting any injuries. Taking these steps promptly after an incident can be helpful if an individual later decides to pursue criminal charges or a protective order.

Individuals who have experienced or witnessed Sexual Assault, Domestic Violence or Dating Violence are also encouraged to seek emotional support, either on or off campus. On campus resources may include nurses and/or nurse practitioners at campus health offices and counselors at campus counseling centers. Counselors are trained to provide crisis intervention and provide referrals for longer-term care as necessary.

Where to Report Allegations of Sexual Misconduct on Campus
Students, employees and visitors who experience Sexual Misconduct and wish to report the allegations to the college/CUNY, should notify one of these campus officials/offices:

a. Title IX Coordinator;

b. Office of Public Safety;

c. Office of Vice President for Student Affairs or Dean of Students;

d. Residence Life staff in CUNY owned or operated housing; or

e. Human Resources Director

Amnesty for Drug and Alcohol Use
The health and safety of every student at CUNY is of the utmost importance. CUNY recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at a time that Sexual Misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. CUNY strongly encourages students to report Sexual Misconduct to college officials. A bystander or complainant acting in good faith who discloses any incident of Sexual Misconduct to college officials or law enforcement will not be subject to discipline under CUNY’s Policy on Drugs and Alcohol18 for violations of alcohol and/or drug use policies occurring at or near the time of the Sexual Misconduct.

Retaliation is adverse treatment of an individual as a result of that individual’s reporting Sexual Misconduct, assisting someone to report Sexual Misconduct, opposing in a reasonable manner an act or policy believed to constitute Sexual Misconduct, or participating in any manner (or refusing to participate) in an investigation or resolution under this Policy. Adverse treatment includes intimidation, threats, coercion or discrimination for the purpose of interfering with any right or privilege secured by this Policy. All individuals are prohibited from engaging in retaliation, including complainants, respondents and others, such as friends or relatives of the parties. An individual may report allegations of retaliation to the Title IX Coordinator if the individual has been subject to retaliation, as defined in Section III. All retaliation allegations will be investigated in accordance with the investigation procedures set forth in this Policy, and individuals who are found to have engaged in retaliation will be subject to disciplinary action.

Supportive Measures and Accommodations
Supportive measures and accommodationsare non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to education and to ensure safety, prevent retaliation and avoid an ongoing hostile environment. Supportive measures and accommodations are available to complainants, respondents and other affected parties. Supportive measures are available when a college becomes aware of allegations of Sexual Misconduct (including both Title IX Sexual Harassment matters and Non-Title IX Sexual Misconduct matters), whether or not a complainant chooses to move forward with an investigation and/or resolution. Supportive measures may be provided on an interim or continuing basis. The college may also take reasonable measures to ensure the safety of the college community at large.

The Title IX Coordinator is responsible for coordinating and ensuring the effective implementation of supportive measures and accommodations. When a college learns of allegations of Sexual Misconduct, the Title IX Coordinator will promptly contact a complainant to discuss the availability of supportive measures and accommodations, discuss the complainant’s wishes with respect to supportive measures and accommodations and inform complainant that supportive measures and accommodations are available even if the complainant does not wish to proceed with an investigation and/or resolution of the allegations. Requests for supportive measures and accommodations should be made to the Title IX Coordinator.

The Title IX Coordinator will work with the Chief Student Affairs Officer to identify a trained staff member to assist students to obtain supportive measures and accommodations. The Title IX Coordinator will work with the Human Resources Director to assist employees to obtain supportive measures and accommodations.

Range of Supportive Measures and Accommodations
Possible supportive measures and accommodations may include:

a. Making appropriate changes to academic programs, including changes in class schedule, accommodations to permit students to take an incomplete or drop a course or courses without penalty, permitting students to attend a class via videoconference platform or other alternative means, providing an academic tutor, or extending deadlines for assignments;

b. Making appropriate changes to residential housing situations or providing assistance in finding alternate housing;

c. Changing an employee’s work assignment or schedule;

d. Providing an escort to and from class or campus work location;

e. Arranging appropriate transportation services to ensure safety;

f. Offering counseling services through the college Counseling Center or other appropriate office, or referral to an off-campus agency;

g. Enforcing an Order of Protection issued by a court;

h. Issuing a No Contact Order whereby continued intentional contact would be a violation of CUNY Policy and subject to disciplinary action; and

i. Emergency removal of a respondent when they pose an imminent threat to the physical health or safety of any person.

Important Information about Reporting/Confidentiality Obligations of Colege and CUNY Employees
CUNY values the privacy of its students, employees and visitors and recognizes that they should be able to seek the assistance they need without fear that the information they provide will be shared more broadly. An individual who speaks to a college or CUNY employee about Sexual Misconduct should be aware that employees fall into three categories:

a. Confidential Employees have an obligation to maintain a complainant’s confidentiality regarding allegations of Sexual Misconduct and will not share any identifying information with others, except as required by law in emergency circumstances;

b. Responsible Employees are required to report allegations of Sexual Misconduct to the Title IX Coordinator but will protect an individual’s privacy to the greatest extent possible and share information with other staff only on a need-to-know basis; and

c. All other employees are strongly encouraged, but not required to report allegations of Sexual Misconduct to the Title IX Coordinator. These employees are otherwise encouraged to protect an individual’s privacy to the greatest extent possible and share information only with the Title IX Coordinator

Confidential Employees for Students
Students who wish to speak to someone who will keep the communications confidential should speak to one of the following:

i. Counselor or other staff member at their college counseling center;

ii. Nurse, nurse practitioner or other college health office staff member;

iii. Pastoral counselor (a person associated with a religious order or denomination, recognized by that order or denomination as someone who provides confidential counseling and identified by CUNY as functioning within the scope of that recognition); or

iv. Designated staff member, if any, in a women’s or men’s center, if one exists at their college.

These individuals will not report the allegations to the college’s Title IX Coordinator or other college employees without the student’s permission. The only exception is in the case where there is an imminent threat of serious injury to the complainant or any other person.

If a student speaks solely to a confidential employee, the college will rarely be able to conduct an investigation into the allegations or pursue disciplinary action against the respondent. Confidential employees will assist students in obtaining other necessary support.

Confidential Employees for Students
Although CUNY does not directly employ individuals to whom CUNY employees can speak on a confidential basis regarding Sexual Misconduct, free confidential support services are available through CUNY’s Work/Life Program which is administered by an outside company. Confidential community counseling resources are also available throughout New York City.

Complainants may use these confidential resources even if they decide not to report allegations of Sexual Misconduct or participate in an investigation, CUNY resolution process or the criminal justice process. A complainant who first speaks to a confidential resource may later decide to report allegations to the college or with outside law enforcement.

Responsible Employees
Individuals designated as responsible employees have a duty to report allegations of Sexual Misconduct, including all relevant details, to the Title IX Coordinator. These employees are not permitted to maintain a complainant’s confidentiality, but will maintain a complainant’s privacy to the greatest extent possible, and information reported to them will be shared only with the Title IX Coordinator and other people responsible for handling the college’s response to the report.

To the extent possible, before a complainant reveals any information to a responsible employee, the employee should advise the complainant of the employee’s reporting obligations—and if the complainant wants to maintain confidentiality, direct the complainant to confidential resources.

CUNY has designated the following individuals as responsible employees:
CUNY has designated the following individuals as responsible employees:

a. University Title IX Director

b. College Title IX Coordinator and staff

c. Office of Public Safety employees

d. Vice President for Student Affairs or Dean of Students and all staff housed in those offices (other than staff that are designated as confidential employees)

e. Residence Life staff in CUNY-owned or operated housing, including Resident Assistants

f. Directors and Deputy Directors of Human Resources

g. College President, Vice Presidents and Deans

h. Athletics Staff

i. Department Chairpersons/Executive Officers

j. CUNY Office of the General Counsel attorneys and College/unit attorneys

k. College/unit labor designee

l. Faculty and staff members at times when they are leading or supervising students on off campus trips

m. International Education Liaisons/Study Abroad Campus Directors and Field Directors

n. College Childcare Center staff

o. Managers or supervisors, regarding alleged Sexual Misconduct involving people who report to them

i. Managers are employees who have authority to make tangible employment decisions with regard to other employees, including the authority to hire, fire, promote, compensate or assign significantly different responsibilities.

ii. Supervisors are employees who are not managers, but have a sufficient degree of control over the working conditions of one or more employees, which might include evaluating their performance and making recommendations for changes in employment status that are given particular weight.

Relationships Between Faculty or Employees and Students
Sexual activity or amorous or dating relationships (“intimate relationships”), even when apparently consensual, are inappropriate when they occur between a faculty member or employee and any student for whom they have a professional responsibility. Those relationships are inappropriate because of the unequal power dynamic between students and faculty members and between students and employees who advise or evaluate them, such as athletic coaches or workplace supervisors. Such relationships necessarily involve issues of student vulnerability and have the potential for coercion. In addition, conflicts of interest or perceived conflicts of interest may arise when a faculty member or employee is required to evaluate the work or make personnel or academic decisions with respect to a student with whom they are having an intimate relationship.

Therefore, faculty members and other employees are prohibited from engaging in intimate relationships with students for whom they have a professional responsibility, including undergraduates, graduate and professional students and postdoctoral fellows.

For purposes of this Section, professional responsibility for a student means responsibility over any academic matters, including teaching, counseling, grading, advising for a formal project such as a thesis or research, evaluating, hiring, supervising, coaching, making decisions or recommendations that confer benefits such as admissions, registration, financial aid, other awards, remuneration, or fellowships, or performing any other function that might affect teaching,

The City University of New York
Students’ Bill of Rights

For CUNY students who experience Sexual Violence, including Sexual Assault;

Domestic Violence, Dating Violence, Stalking or Voyeurism

All students have the right to

1. Make a report to local law enforcement and/or state police;

2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;

3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;

4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;

6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

7. Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;

8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;

9. Have access to at least one level of appeal of a determination;

10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

This Student Bill of Rights was established by the “Enough is Enough” Law, New York State Education Law Article 129-B, effective October 7, 2015.

For more information about preventing and addressing Sexual Violence at CUNY see http://www1.cuny.edu/sites/ title-ix/campus-websites.

Information about filing a report, seeking a response, and options for confidential disclosure is available also available CUNY’s Title IX web page.

Questions about CUNY’s Sexual Misconduct policy and procedures may be directed to your campus Title IX Coordinator

Please find a copy of the entire Policy on Sexual Misconduct at: https://www.cuny.edu/wp-content/ uploads/sites/4/page-assets/about/administration/ offices/legal-affairs/policies-procedures/Sexual- Misconduct-Policy.pdf

APPENDIX K

The City University of New York Behavior-Related Medical Withdrawal and Re-enrollment Policy and Procedures

I. Introduction
The City University of New York (“CUNY”) is committed to the academic success and personal growth of its students. As part of that commitment, CUNY and its constituent campuses are responsible for providing a safe learning and working environment for students, faculty, staff and other members of the University community. As the result of a medical condition, some students may engage in behavior that presents a direct threat of harm to the health or safety of others or substantially disrupts the learning or working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount, and colleges should take reasonable and appropriate security and health and safety measures, such as calling 911 or taking other immediate action in case of imminent threat to a person’s life or wellbeing. In addition, colleges may address the student’s conduct to determine if action under this policy or under the student disciplinary policy is appropriate.

II. Policy

1. This Policy shall apply to any person(s) registered or enrolled in any CUNY course or program offered for academic credit and in any pre-matriculation programs, including but not limited to CUNY Start and CLIP. Students taking online courses provided by or presented at CUNY shall be deemed enrolled for the purposes of this Policy. This Policy does not apply to Hunter College Campus Schools (K-12) or CUNY College Now programs.

2. A college of CUNY may pursue withdrawal of a student from CUNY and/or a college residence hall or require conditions for continued enrollment and/or residence when, as the result of a medical condition, the student’s behavior presents a direct threat to others and/or substantially disrupts the learning or working environment of others. A direct threat means a significant risk of harm to health or safety. Substantial disruption ordinarily means a pattern of disruption, except in the event of a single incident of extreme and severe disruption.

3. In such situations, the college may invoke this policy as an alternative to disciplinary action under Article XV of CUNY’s Bylaws.

4. If the student engages in self-harm and that behavior substantially disrupts the working or learning environment of others, the college may invoke only this policy, not disciplinary action under Article XV.

5. Except in cases requiring an emergency interim removal, colleges first must pursue voluntary withdrawal or, in appropriate cases, continued enrollment of the student subject to specified conditions, rather than involuntary withdrawal under this policy. The voluntary withdrawal or continued enrollment with conditions should be memorialized in a written agreement with the student.

6. A student who withdraws voluntarily or is involuntarily withdrawn from the University and/ or a college residence hall pursuant to this policy may apply for reenrollment to the University and/ or to a college residence hall. An individualized determination by the Campus Student Affairs Officer (“CSAO”) or designee must be made in each case, based on relevant medical evidence, as to whether there is a significant risk that the behavior that required withdrawal will be repeated; if not, the student’s application for re-enrollment must be approved, provided the student is academically eligible.

7. Colleges must apply this policy in a nondiscriminatory manner consistent with federal, state and local laws and CUNY policy prohibiting discrimination based on disability. They must make determinations based on a student’s behavior and not on knowledge of a student’s disability or physical or mental condition, except to determine the policy’s applicability.

III. Procedures

A. Emergency Interim Removal

1. If a student’s behavior presents an immediate, severe and direct threat to others (by evidencing a likelihood of harm to others), and/or is substantially disrupting the learning or working environment of others, and the CSAO or designee reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may direct an emergency interim removal of the student that restricts the student’s access to the college’s campus and/or residence hall, as appropriate. The CSAO or designee shall make reasonable efforts to meet with the student and must consult with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, prior to making any such direction.

2. The emergency interim removal from the college and/or residence hall will remain in effect until a final decision has been made pursuant to the procedures below, unless, before a final decision is made, the CSAO or designee determines that the reasons for imposing the interim removal no longer exist.

B. Withdrawal after Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

   
   a. Following a student’s emergency interim removal from the college and/or residence hall, the CSAO or designee must exercise best efforts to meet with the student to discuss the student’s behavior and to hear the student’s explanation of the behavior. If the CSAO or designee determines that voluntary withdrawal or continued enrollment with conditions is appropriate, that official must request that the student agree to such withdrawal or conditional enrollment within seven (7) calendar days of the effective date of the emergency interim removal.
   

   b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, as applicable, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable.

2. Assessment and Involuntary Withdrawal

   
   a. Should the request for voluntary withdrawal or conditional enrollment be refused, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws. Prior to initiating involuntary withdrawal proceedings, the college must follow the assessment procedures outlined below in III B. 2. (b)-(c). Those procedures must be completed within ten (10) calendar days of the student’s refusal.

b. Prior to initiating involuntary withdrawal proceedings, the CSAO or designee should mandate that the student be evaluated, at CUNY’s expense, by a qualified, licensed mental health or other licensed medical professional, as applicable and as approved by CUNY. Whenever possible, the professional should be on retainer to a college of CUNY or CUNY. If a retained professional is not available, the professional may be an employee of a college of CUNY or CUNY, but that professional may not be employed by the student’s college or have had any prior contact with the student. The professional should evaluate whether the student’s behavior presents a direct threat of harm to others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and, if so, whether the student’s behavior may be the result of a medical condition. The professional should submit the evaluation to the CSAO, who, based on that report, and after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, will determine the appropriate next steps.

c. If the student refuses to undergo the assessment, or fails to keep the scheduled appointment, the CSAO or designee must determine the appropriate next steps based on the available evidence after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness.

C. Withdrawal without Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

   
   a. If a student’s behavior evidences a direct threat of harm to others and/ or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and the CSAO reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may request that the student voluntarily withdraw or agree to enrollment under specified conditions.

b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, the CSAO or designee should (I) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable and appropriate.

2. Assessment and Involuntary Withdrawal

a. If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws.

b. Before initiating involuntary withdrawal proceedings under this procedure, the college should follow the assessment procedures outlined above in III B.2 (b)-(c).

D. Involuntary Withdrawal Procedures

1. A college may initiate an involuntary withdrawal hearing to present evidence of the student’s threatening and/or substantially disruptive behavior and the connection between that behavior and a medical condition. The college may seek remedies of withdrawal or retention with conditions from CUNY and/or the college residence hall.

2. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee and the college will collaborate to schedule a hearing. Notice of the involuntary withdrawal hearing and the time and place of the hearing must be personally delivered or sent by the CSAO or designee of the student’s home college to the student at the address appearing on the records of the college, by overnight mail, and, for students who have a college e-mail address, to that e-mail address. The hearing will be scheduled for a reasonable time after the college’s receipt of the results of the assessment or the student’s refusal to be assessed, as applicable. The hearing will not be scheduled earlier than seven (7) calendar days from the date notice of the hearing is sent to the student, unless the student consents to an earlier hearing.

3. The notice must contain (i) a statement of the reasons involuntary withdrawal is sought (ii) the type of withdrawal sought (from the University and/or from the college residence hall); and (iii) a statement that the student has a right to present the witnesses and evidence, to crossexamine witnesses presenting evidence against the student, to remain silent without assumption of responsibility, and to be represented by legal counsel or an advisor at the student’s expense.

4. CUNY will constitute a Health Review Panel, comprised of qualified, licensed mental health professionals employed by a college of CUNY or by CUNY, or on retainer to a college of CUNY or CUNY. Committee members may not be employed by the College where the student has been enrolled, nor may they have had any prior contact with the student. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee will appoint the members of the Health Review Panel. Members of the Health Review Panel, in committees constituted separately for each hearing (“Health Review Committee”), will be responsible for adjudicating all involuntary withdrawal hearings held according to these procedures. For each involuntary withdrawal hearing, the Vice Chancellor for Student Affairs and Enrollment Management or designee will constitute a three-person Health Review Committee from the Health Review Panel to adjudicate at that hearing. The Health Review Committee shall make decisions by majority vote.

5. A student is permitted one (1) adjournment as of right. Additional requests for an adjournment must be made at least five (5) calendar days prior to the hearing date, and shall be granted or denied at the discretion of the Health Review Committee. If the student fails to respond to the notice, appear on the adjourned date, or request an extension, the College may proceed in absentia, and any decision shall be binding.

6. The hearing will be closed, unless the student requests an open hearing. However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented.

7. The CSAO or designee will appoint/identify a presenter to present evidence on behalf of the college. After the evidence is presented by the parties at the hearing, the Health Review Committee will determine whether the college has proved, by a preponderance of the evidence, (I) that the student’s behavior occurred; (ii) that the behavior presents a direct threat of harm to others, and/or has substantially disrupted the learning or working environment of others and presents a significant risk of threatening further substantial disruption of the learning or working environment of others, and (iii) if the behavior was the result of a medical condition. The Health Review Committee will further determine the appropriate remedy in cases in which the college prevails. The Health Review Committee may also set reasonable and appropriate conditions on re-enrollment. The Health Review Committee must send its written decision to the student via overnight mail and, if applicable, the student’s college email address, within seven (7) calendar days from the close of the hearing. A decision of involuntary withdrawal of the student from CUNY and/or the college residence hall will be effective on the date that the decision was sent to the student.

8. If the Health Review Committee determines that the standard for involuntary withdrawal has not been met, the CSAO or designee shall assist a student previously placed on emergency interim removal to resume academic studies and habitation in a residence hall, if applicable.

Appeals

An appeal from the decision of the Health Review Committee may be made to the President of the student’s home college within fifteen (15) calendar days after the decision was sent to the student. The President or designee must make a determination on the appeal within fifteen (15) calendar days from receipt of the appeal. The designee must not have had prior involvement with the student’s case. The President’s (or designee’s) decision may be appealed to the Chancellor of the University within fifteen (15) calendar days after the delivery of the President’s decision on appeal. The Chancellor (or designee) must make a decision within fifteen (15) calendar days from receipt of the appeal. The Chancellor’s (or designee’s) decision will be final. The bases for overturning a decision of the Health Review Committee at both levels of review are limited to the following: (i) clearly erroneous factual findings; (ii) significant procedural error; (iii) newly available evidence that would have changed the outcome; (iv) the remedy and/or conditions on re-enrollment were unreasonable or inappropriate.

Re-enrollment

1. A student who voluntarily withdraws or is involuntarily withdrawn from CUNY and/or a college residence hall under this policy must be considered for re-enrollment.

2. A student wishing to be considered for enrollment should contact the student’s home college’s CSAO in accordance with the college’s re-enrollment deadline, and provide appropriate documentation of behavioral change and resolution of the initial behavioral problem, including compliance with any conditions that may have been set for re-enrollment.

3. A student may apply for re-enrollment to the University and/or a college residence hall no more than one time per term. A student may not apply for re-enrollment for the same semester they have voluntarily withdrawn or been involuntarily withdrawn.

4. In assessing an application for re-enrollment, the CSAO or designee must make an individualized determination in each case. The CSAO or designee should (i) receive, investigate, and examine appropriate relevant documentation, including assessments made by college-referred licensed mental health or other licensed medical professionals, as applicable, and, if applicable, licensed treating mental health or other licensed treating medical professionals; (ii) in cases in which the CSAO or designee determines that an additional mental health or other medical assessment is necessary, refer the student for assessment to a qualified, licensed mental health or other licensed medical professional, as applicable, at CUNY’s expense and as approved by CUNY; (iii) provide an opportunity for the student to meet with the CSAO or designee to discuss re-enrollment.

5. If based on the evidence presented, there is not a significant risk that the behavior that required withdrawal will be repeated, and provided the student is academically eligible, the CSAO or designee must approve the student’s application for re-enrollment. In such cases, the CSAO or designee must initiate the re-enrollment process, provide the student with written conditions for continued attendance, and inform any relevant administrators of the student’s re-enrollment.

6. If the CSAO or designee determines that the application for re-enrollment should be denied, that official must provide the student with a written explanation of the reasons for the denial and specify when the next request for enrollment will be considered.

7. A student may appeal the CSAO or designee’s denial of re-enrollment to the college President within thirty calendar days after the delivery of the decision denying re-enrollment. The President (or designee) must make a determination on the appeal within thirty calendar days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor’s (or designee’s) decision must be made within thirty calendar days from receipt of the appeal. The Chancellor (or designee’s) decision will be final. The basis for overturning a decision on appeal at either level will be limited to a determination that the decision on re-enrollment was clearly erroneous.

Effect on Academic Status
In the event of a withdrawal pursuant to this policy, a notation of withdrawal ordinarily should appear on the student’s transcript for all classes taken during that semester. The CSAO at a student’s home college may grant a student request that, in lieu of withdrawal, a notation of incomplete appear on the student’s transcript for classes taken during that semester if and only if there is a reasonable prospect that the student will eventually complete such classes, subject to faculty approval for each such class. Regardless of the notation that appears on a student’s transcript, the CSAO of the student’s home college must inform the Vice Chancellor for Student Affairs and Enrollment Management of the student’s withdrawal in order to effectuate a hold by the University Application Processing Center on the student’s ability to transfer or otherwise seek admission to another college of CUNY and to establish a Universal Service Indicator on CUNYfirst to prevent enrollment at another CUNY campus until such time as the student’s re-enrollment is approved.

Effect on Housing Status
If the student has been living in a college residence hall and is removed from the residence hall, the student’s contract will be canceled and fees refunded on a prorated basis.

Refund of Tuition
In its discretion, a college may refund a student’s tuition and fees for the semester if the student voluntarily withdraws from the college.

J. Confidentiality

The results of examinations by mental health or other medical professionals to whom students are referred for assessment at any stage in the withdrawal or re-enrollment process are confidential. They may only be shared with the officials referenced above in B 2.b or if necessary to prevent an imminent, severe, and direct threat of harm to the student and/or others. The results of those examinations will be admissible in involuntary withdrawal hearings but will not be admissible in disciplinary hearings, unless the student raises health issues, including mental health, in a disciplinary hearing.