CAMPUS POLICIES AND PROCEDURES
OFFICE OF JUDICIAL AFFAIRS
Associate Director: Ana S. Molenaar
Loew Hall [LO], Room 418 | 718.289.5100, x3146
The Office of Judicial Affairs falls under the jurisdiction of the Vice President of Student Success. This Office serves as the primary recipient of complaints filed by faculty, staff and/or students against a fellow student or students who have violated the Student Code of Conduct or the Rules and Regulations for the Maintenance of Public Order on Campuses of the City University - Pursuant to Article 129A of the Education Law. This law is also known as the “Henderson Rules” (For more information about these rules, please refer to the Campus Policies and Procedures section on this catalog). The Office of Judicial Affairs provides the Associate Dean of Student Development and the Vice President for Student Success with recommended courses of action to adjudicate complaints received. In addition, the Office of Judicial Affairs oversees the Behavioral Intervention Team, an interdisciplinary team charged with coordinating the campus response to concerns in the areas of health and safety.
CAMPUS BEHAVIOR CODE
To ensure the continuance and enhancement of the positive image and reputation of all members of the College community, in the interest of promoting student and faculty welfare at the College and the safety and security of our entire College community, the following Code of Behavior is in effect:
Gambling and the sale and possession of drugs are illegal under New York State law. Violators will be subject to disciplinary action and/or referral to outside authorities.
Any student who does not show his or her ID card upon a legitimate request will be considered a trespasser.
Any form of cheating is prohibited.
Any student charged with, accused of, or alleged to have violated the Code of Behavior or any law or regulation established by the College and by the City, State or Federal Government shall be subject to disciplinary procedures as outlined in Articles 15.4 to 15.5 of the Board of Trustees Bylaws and to sanctions as listed in the Board of Trustees Bylaws and Article 129A of the Education Law.
A preliminary investigation will be conducted to determine whether disciplinary charges should be preferred. If there is sufficient basis for the allegation, the matter may be referred to mediation or formal disciplinary charges may be preferred. The procedures for mediation conferences and for Faculty-Student Disciplinary Committee hearings are outlined in Articles 15.4 to 15.5 of the Board of Trustees Bylaws. Copies of the pertinent articles can be obtained from the Office of the Vice President for Student Success.
PUBLIC ORDER (EDUCATION LAW)
Rules and Regulations for the Maintenance of Public Order on Campuses of the City University Pursuant to Article 129A of the Education Law.
The tradition of the university as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of the sanctuary lies in the protection of intellectual freedoms: the right of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference.
Academic freedom and the sanctuary of the university campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom to political ends, or who violate the norms of conduct established to protect that freedom. Against such offenders, the university has the right and indeed the obligation, to defend itself. We accordingly announce the following rules and regulations to be in effect at each of our colleges, which are to be administered in accordance with the requirements of due process as provided in the Bylaws of the Board of Trustees of The City University of New York.
The president, with respect to his or her educational unit, shall:
Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his or her jurisdiction;
Be the advisor and executive agent to the Board and of his or her respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws, resolutions and policies of the Board, the lawful resolutions of any of its committees and the policies, programs and lawful resolutions of the several facilities;
Exercise general superintendence over the concerns, officers, employees and students of the educational unit.”
A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he or she interfere with the institution’s educational process or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational and community services.
Individuals are liable for failure to comply with lawful directions issued by representatives of the University/ college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
Unauthorized occupancy of University/college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation and use of University/ college equipment and/or supplies.
Theft from or damage to University/college premises or property, or theft of or damage to property of any person on University/college premises is prohibited.
Each member of the academic community or an invited guest has the right to advocate his or her position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against or spectators.
Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the University/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of their rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational and community services.
Disorderly or indecent conduct on University/college owned or controlled property is prohibited.
No individual shall have in his or her possession a rifle, shotgun or firearm or knowingly have in his possession any other dangerous instrument or material that can be used to inflict bodily harm on an individual or damage upon a building or the ground of the University/college without the written authorization of such educational institution. Nor shall any individual have in his or her possession any other instrument or material which can be used and is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the University/college.
Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by University students or employees on University/college premises, or as part of any University/college activities is prohibited. Employees of the University must also notify the college Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction.
The unlawful possession, use, or distribution of alcohol by students or employees on University/college premises or as part of any University/college activities is prohibited.
Any student engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of sanctions as hereafter defined in the Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection and/or arrest by the civil authorities.
Any tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of The City University of New York or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection and/or arrest by the civil authorities and, for engaging in any manner in conduct prohibited under substantive Rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. A tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be entitled to be treated in accordance with applicable provisions of the Education Law or the Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.
Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to ejection and/or arrest by the civil authorities.
Any organization which authorizes the conduct prohibited under substantive Rules 1-11 shall have its permission to operate on campus rescinded.
Penalties 1-4 shall be in addition to any other penalty provided by law or the City University Trustees.
Admonition—An oral statement to the offender that he or she has violated university rules.
Warning—Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may be cause for more severe disciplinary action.
Censure—Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any university regulation within a period stated in the letter of reprimand.
Disciplinary Probation—Exclusion from participation in privileges or extracurricular university activities as set forth in the notice of disciplinary probation for a specified period of time.
Restitution—Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
Suspension—Exclusion from classes and other privileges or activities as set forth in the note of suspension for a definite period of time.
Expulsion—Termination of student status for an indefinite period. The conditions of readmission, if any is permitted, shall be stated in the order of expulsion.
Complaint to Civil Authorities.
Adopted by the Board of Higher Education June 23, 1969, Calendar No. 3(b). Amended October 27, 1980; May 22, 1989; and June 25, 1990.
SECTION 15.4. STUDENT DISCIPLINARY PROCEDURES
a. A University student, employee, organization, department or visitor who believes she/he/it is the victim of a student’s misconduct (hereinafter “complainant”) may make a charge, accusation, or allegation against a student (hereinafter “respondent”) which if proved, may subject the respondent to disciplinary action. Such charge, accusation, or allegation must be communicated to the chief student affairs officer of the college the respondent attends.
b. The chief student affairs officer of the college or her or his designee shall conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or her or his designee shall advise the respondent of the allegation against her or him, explain to the respondent and the complainant their rights, consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence. The preliminary investigation shall be concluded within thirty (30) calendar days of the filing of the complaint, unless: (i) said complaint involves two or more complainants or respondents; or (ii) said complaint involves a matter that is also under investigation by law enforcement authorities. In those cases, the preliminary investigation shall be completed within sixty (60) calendar days. Further, if the matter has been previously investigated pursuant to the CUNY Policy on Sexual Misconduct, the chief student affairs officer shall dispense with a preliminary investigation and rely on the report completed by the Title IX Coordinator. Following the completion of the preliminary investigation, the chief student affairs officer or designee shall take one of the following actions:
1. Dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary action. The individuals involved shall be notified that the complaint has been dismissed;
2. Refer the matter to mediation (except in cases involving allegations of sexual assault, stalking or other forms of sexual violence); or
3. Prefer formal disciplinary charges.
c. In cases involving the CUNY Policy on Sexual Misconduct, both the Complainant and Respondent may be accompanied by an advisor of their choice (including an attorney) who may assist and advise throughout the entire process, including all meetings and hearings. Advisors may represent a party and fully participate at a hearing, but may not give testimony as a witness.
d. In the event that a respondent withdraws from the college after a charge, accusation or allegation against a respondent has been made, and the college prefers formal disciplinary charges, the respondent is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and shall be barred from attending any other unit of the university until a decision on the charges is made or the charges are otherwise resolved. Immediately following the respondent’s withdrawal, the college must place a notation on her/his transcript that she/he “withdrew with conduct charges pending.” If the respondent fails to appear, the college may proceed with the disciplinary hearing in absentia, and any decision and sanction shall be binding, and the transcript notation, if any, resulting from that decision and penalty shall replace the notation referred to above.
e. The college may offer the respondent and the complainant the opportunity to participate in a mediation conference prior to the time the disciplinary hearing takes place in an effort to resolve the matter by mutual agreement (except in cases involving sexual assault, stalking and other forms of sexual violence). The conference shall be conducted by a qualified staff or faculty member designated by the chief student affairs officer. The following procedures shall be in effect at this conference:
1. An effort shall be made to resolve the matter by mutual agreement through such process as the mediator deems most appropriate; provided, however, that the complainant must be notified of her/his right to end the mediation at any time.
2. If an agreement is reached, the faculty or staff member conducting the conference shall report her/his recommendation to the chief student affairs officer for approval and, if approved, the complainant and the respondent shall be notified, and a written memorandum shall be created memorializing the resolution and any consequences for non-compliance.
3. If no agreement is reached within a reasonable time, or if the respondent fails to appear, the faculty or staff member conducting the conference shall refer the matter back to the chief student affairs officer who may prefer disciplinary charges, or, if charges have been preferred, proceed to a disciplinary hearing.
4. The faculty or staff member conducting the mediation conference is precluded from testifying at a college hearing regarding information received during the mediation conference, or presenting the case on behalf of the college.
Notice of Charges and Hearing:
f. Notice of the charge(s) and of the time and place of the hearing shall be personally delivered to the respondent, or sent by certified or overnight mail and email to the address appearing on the records of the college. Notice shall also be sent in a similar manner to the complainant to the extent the charges relate to her/him/it. The chief student affairs officer is also encouraged to send the notice of charges to any other e-mail address that he or she may have for the respondent and the complainant. The hearing shall be scheduled within a reasonable time following the filing of the charges or the mediation conference. Notice of at least seven (7) calendar days shall be given to the respondent in advance of the hearing unless the respondent consents to an earlier hearing. The respondent 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 chairperson of the faculty-student disciplinary committee. If the respondent fails to respond to the notice, appear on the adjourned date, or request an extension, the college may proceed in absentia, and any decision and sanction shall be binding.
g. The notice shall contain the following:
1. A complete and itemized statement of the charge(s) being brought against the respondent including the rule, bylaw or regulation she/he is charged with violating, and the possible penalties for such violation.
2. A statement that the respondent and the complainant have the right to attend and participate fully in the hearing including the right:
(i) to present their side of the story;
(ii) to present witnesses and evidence on their behalf;
(iii) to cross-examine witnesses presenting evidence;
(iv) to remain silent without assumption of guilt; and
(v) to be assisted or represented by an advisor or legal counsel at their expense; if the respondent or the complainant requests it, the college shall assist in finding a legal counsel or adviser.
3. A warning that anything the respondent says may be used against her/him at a non-college hearing.
Pre-Hearing Document Inspection:
h. At least five (5) calendar days prior to the commencement of a student disciplinary hearing, the college shall provide the respondent and the complainant and/or their designated representative, with similar and timely access to review any documents or other tangible evidence that the college intends to use at the disciplinary hearing, consistent with the restrictions imposed by Family Education Rights and Privacy Act (“FERPA”). Should the college seek to introduce additional documents or other tangible evidence during, or some time prior to, the disciplinary hearing, the respondent and the complainant shall be afforded the opportunity to review the additional documents or tangible evidence. If during the hearing the complainant or the respondent submits documentary evidence, the chairperson may, at the request of any other party grant an adjournment of the hearing as may be necessary in the interest of fairness to permit the requesting party time to review the newly produced evidence.
Admission and Acceptance of Penalty Without Hearing:
i. At any time after receiving the notice of charges and hearing but prior to the commencement of a disciplinary hearing, the respondent may admit to the charges and accept the penalty that the chief student affairs officer or designee determines to be appropriate to address the misconduct. This agreed upon penalty shall be placed on the respondent’s transcript consistent with subparagraphs q(19) and (20) herein. Before resolving a complaint in this manner, the chief student affairs officer must first consult with the complainant and provide the complainant an opportunity to object to the proposed resolution, orally and/or in writing. If a resolution is reached over the complainant’s objection, the chief student affairs officer or designee shall provide the complainant with a written statement of the reasons supporting such resolution, and the complainant may appeal the decision to enter into the resolution to the president.
j. The president or her/his designee may in emergency or extraordinary circumstances, temporarily suspend a student pending an early hearing as provided in this bylaw section 15.4. to take place within not more than twelve (12) calendar days, unless the student requests an adjournment. Such suspension shall be for conduct which impedes, obstructs, impairs or interferes with the orderly and continuous administration and operation of any college, school, or unit of the university in the use of its facilities or in the achievement of its purposes as an educational institution. Prior to the commencement of a temporary suspension of a student, the college shall give the student oral notice (which shall be confirmed via email to the address appearing on the records of the college) or written notice of the charges against her/him and, if she/he denies them, the college shall forthwith give the student an informal oral explanation of the evidence supporting the charges and the student may present informally her/his explanation or theory of the matter. When a student’s presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, notice and opportunity for denial and explanation may follow suspension, but shall be given as soon as feasible thereafter. The complainant shall be notified in the event that an emergency suspension is imposed against a student, and/or when the suspension is subsequently lifted to the extent that the suspension involves the complainant in the same manner notice is given to the student.
Faculty-Student Disciplinary Committee Structure:
k. Each faculty-student disciplinary committee shall consist of two (2) faculty members or one (1) faculty member and one (1) member of the Higher Education Officer series (HEO), and two (2) student members and a chairperson, who shall be a faculty member. A quorum shall consist of the chairperson and any two (2) members, one of whom must be a student. Hearings shall be scheduled promptly (including during the summers) at a convenient time and efforts shall be made to insure full student and faculty representation.
l. The president shall select in consultation with the head of the appropriate campus governance body or where the president is the head of the governance body, its executive committee, three (3) members of the faculty of that college to receive training upon appointment and to serve in rotation as chairperson of the disciplinary committee. The following schools shall be required to select two (2) chairpersons:, CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism. If none of the chairpersons appointed from the campus can serve, the president, at her/his discretion, may request that a chairperson be selected by lottery from the entire group of chairpersons appointed by other colleges. The chairperson shall preside at all meetings of the faculty-student disciplinary committee and decide and make all rulings for the committee. She/he shall not be a voting member of the committee but shall vote in the event of a tie.
m. The faculty members shall be selected by lot from a panel of six (6) elected biennially by the appropriate faculty body from among the persons having faculty rank or faculty status. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) faculty members. The HEO members shall be selected by lot from a panel of six (6) HEO appointed biennially by the president. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) HEO’s. The student members shall be selected by lot from a panel of six (6) elected annually in an election in which all students registered at the college shall be eligible to vote. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) students. In the event that the student or faculty panel or both are not elected, or if more panel members are needed, the president shall have the duty to select the panel or panels which have not been elected. No individuals on the panel shall serve on the panel for more than four (4) consecutive years. Notwithstanding the above, in cases of sexual assault, stalking and other forms of sexual violence, the president shall designate from the panels one (1) chairperson, two (2) faculty/HEO members, and two (2) students, who shall be specially trained on an annual basis, and who shall constitute the faculty-student disciplinary committee in all such cases.
n. In the event that the chairperson cannot continue, the president shall appoint another chairperson. In the event that a seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the respective faculty, HEO, or student panel by lottery.
o. Each academic year, the chief student affairs officer, and her or his designee, shall appoint/identify one or more college employees to serve as presenters for the hearings. This list shall be forwarded to the Office of the Vice Chancellor for Student Affairs, and the Office of the General Counsel and Sr. Vice Chancellor for Legal Affairs prior to the first day of the academic year.
p. Persons who are to be participants in the hearings as witnesses or have been involved in preferring the charges or who may participate in the appeals procedures or any other person having a direct interest in the outcome of the hearing shall be disqualified from serving on the committee.
Faculty-Student Disciplinary Committee Procedures:
q. The following procedures shall apply to faculty-student disciplinary proceedings:
1. The chairperson shall preside at the hearing. The chairperson shall inform the respondent of the charges, the hearing procedures and her or his rights.
2. All faculty student disciplinary committee hearings are closed hearings unless the respondent requests an open public hearing. Notwithstanding such requests, the chairperson shall not permit an open hearing in cases involving allegations of sexual assault, stalking, or other forms of sexual violence. Furthermore, the chairperson has the right to deny the request and hold a closed hearing when an open public hearing would adversely affect and be disruptive to the committee’s normal operations. In the event of an open hearing, the respondent must sign a written waiver acknowledging that those present will hear the evidence introduced at the hearing.
3. After informing the respondent of the charges, the hearing procedures, and her or his rights, the chairperson shall ask the respondent to respond. If the respondent admits the conduct charged, the respondent shall be given an opportunity to explain her/his actions before the committee and the college shall be given an opportunity to respond and present evidence regarding the appropriate penalty. If the respondent denies the conduct charged, the college shall present its case. At the conclusion of the college’s case, the respondent may move to dismiss the charges. If the motion is denied by the committee, the respondent shall be given an opportunity to present her or his defense.
4. Prior to accepting testimony at the hearing, the chairperson shall rule on any motions questioning the impartiality of any committee member or the adequacy of the notice of the charge(s). Subsequent thereto, the chairperson may rule on the admissibility of the evidence and may exclude irrelevant, unreliable or unduly repetitive evidence. In addition, if any party wishes to question the impartiality of a committee member on the basis of evidence which was not previously available at the inception of the hearing, the chairperson may rule on such a motion. The chairperson shall exclude from the hearing room all persons who are to appear as witnesses, except the respondent and the complainant.
5. The college shall make a record of each fact-finding hearing by some means such as a stenographic transcript, an audio recording or the equivalent. The college must assign a staff member for each hearing, with the sole responsibility of ensuring that the hearing is recorded in its entirety. No other recording of the proceedings may be permitted. A respondent who has been found to have committed the conduct charged after a hearing is entitled upon request to a copy of such a record without cost upon the condition that it is not to be disseminated except to the respondent’s representative or attorney. In the event of an appeal, both the respondent and the complainant are entitled upon request to a copy of such a record without cost, upon the condition that it is not to be disseminated except to their representatives or attorneys.
6. The college bears the burden of proving the charge(s) by a preponderance of the evidence.
7. The role of the faculty-student disciplinary committee is to listen to the testimony, ask questions of the witnesses, review the testimony and evidence presented at the hearing and the papers filed by the parties and render a determination. In the event the respondent is found to have committed the conduct charged, the committee shall then determine the penalty to be imposed.
8. The college, the respondent and the complainant are permitted to have lawyers or other representatives or Advisors act on their behalf during the pendency of a disciplinary action, which shall include the calling and examining of witnesses, and presenting other evidence. Any party intending to appear with an attorney shall give the other party 5 (five) calendar days’ notice of such representation.
9. The chairperson of the faculty-student disciplinary committee retains discretion to limit the number of witnesses and the time of testimony for the presentations by any party and/or their representative.
10. In the event that the respondent is charged with a sexual assault, stalking or other forms of sexual misconduct, neither the respondent nor the complainant shall be permitted to cross-examine the other directly. Rather, if they wish to, the respondent and the complainant may cross-examine each other only through a representative. If either or both of them do not have a representative, the college shall work with them to find a representative to conduct such cross-examination. In the alternative, the complainant and respondent may provide written questions to the chairperson to be posed to the witness.
11. In a case involving the CUNY Policy on Sexual Misconduct:
a) Evidence of the mental health diagnosis and/or treatment of a party may not be introduced.
b) Evidence of either party’s prior sexual history may not be introduced except that (i) evidence of prior sexual history between complainant and respondent is admissible at any stage of the hearing, and (ii) past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage of that hearing related to penalty.
12. If the respondent has been found responsible, then all parties may introduce evidence related to the respondent’s character including any past findings of a respondents’ responsibility for domestic violence, stalking, or sexual assault or any other sexual violence. The College may introduce a copy of the respondent’s previous disciplinary record; including records from any CUNY institution the respondent has attended, where applicable, provided the respondent was shown a copy of the record prior to the commencement of the hearing. The previous disciplinary record shall be submitted to the committee in a sealed envelope, bearing the respondent’s signature across the seal, and shall only be opened if the respondent has been found to have committed the conduct charged. The previous disciplinary records, as well as documents and character evidence introduced by the respondent, the complainant, and the college shall be opened and used by the committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained. The complainant and respondent may also provide or make an impact statement. Such evidence and impact statements shall be used by the committee only for the purpose of determining an appropriate penalty if the charges are sustained.
13. The committee shall deliberate in closed session. The committee shall issue a written decision, which shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
14. The respondent shall be sent a copy of the faculty-student disciplinary committee’s decision within seven (7) calendar days of the conclusion of the hearing, by regular mail and e-mail to the address appearing on the records of the college. In cases involving two or more complainants or respondents, the respondent shall be sent a copy of faculty-student disciplinary committee’s decision within fourteen (14) calendar days of the conclusion of the hearing. The chief student affairs officer is also encouraged to send the decision to any other e-mail address that he or she may have for the respondent. The decision shall be final subject to any appeal. In cases involving a crime of violence or a non-forcible sex offense, as set forth in FERPA, the complainant shall simultaneously receive notice of the outcome of the faculty-student disciplinary committee’s decision as it relates to the offense(s) committed against the complainant, in the same manner as notice is given to the respondent.
15. When a disciplinary hearing results in a penalty of dismissal or suspension for one term or more, the decision is a university-wide penalty and the respondent shall be barred from admission to, or attendance at, any other unit of the university while the penalty is being served.
16. A respondent or a complainant may appeal a decision of the faculty-student disciplinary committee to the president on the following grounds: (i) procedural error, (ii) newly discovered evidence that was not reasonably available at the time of the hearing, or (iii) the disproportionate nature of the penalty. The president may remand for a new hearing or may modify the penalty either by decreasing it (on an appeal by the respondent) or increasing it (on an appeal by the complainant). If the president is a party to the dispute, her/his functions with respect to an appeal shall be discharged by an official of the university to be appointed by the chancellor or her or his designee. If the penalty after appeal to the president is one of dismissal or suspension for one term or more, a respondent or a complainant may appeal to the board committee on student affairs and special programs. The board may dispose of the appeal in the same manner as the president.
17. An appeal under this section shall be made in writing within fifteen (15) calendar days after the delivery of the decision appealed from. This requirement may be waived in a particular case for good cause by the president or the board committee as the case may be. Within three (3) calendar days of the receipt of any appeal, either to the president or the board committee on student affairs and special programs, the non-appealing party shall be sent a written notice of the other party’s appeal. In addition, the respondent and/or the complainant shall have the opportunity to submit a written opposition to the other party’s appeal within fifteen (15) calendar days of the delivery of the notice of receipt of such appeal.
18. The president shall decide and issue a decision within fifteen (15) calendar days of receiving the appeal or within fifteen (15) calendar days of receiving papers in opposition to the appeal, whichever is longer. The board committee shall decide and issue a decision within five (5) calendar days of the meeting at which it hears the appeal.
Notations on Transcripts:
19. In cases in which a respondent has been found responsible for a Clery Act reportable crime of violence, the college must place a notation on her/his transcript stating that she/he was suspended or expelled after a finding of responsibility for a code of conduct violation. In all other cases, the college must place a notation of the findings and penalty on a respondent’s transcript unless a mediation agreement under subparagraph e(2) herein, the determination of the chief student affairs officer or designee under subparagraph i herein, the committee’s decision under subparagraph q(13) herein, or the decision on any appeal under subparagraphs q(16) - (18) herein expressly indicate otherwise.
20. A notation of expulsion after a respondent has been found responsible for a Clery Act reportable crime of violence shall not be removed. In all other cases, a notation of expulsion, suspension or any lesser disciplinary penalty shall be removed, as a matter of right, upon the request of the respondent to the Chief Student Affairs Officer made, four years after the conclusion of the disciplinary proceeding or one year after the conclusion of any suspension, whichever is longer. If a finding of responsibility for any violation is vacated for any reason, any such notation shall be removed.
SECTION 15.5. ACTION BY THE BOARD Of TRUSTEES.
Notwithstanding the foregoing provisions of this article, the board of trustees reserves full power to suspend or take other appropriate action against a student or a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation of any college, school, or units of the university in the use of its facilities or in the achievement of its purposes as an educational institution in accordance with procedures established by the board of trustees.
COMPUTER RESOURCES ACCEPTABLE USE POLICY
This policy incorporates and supplements the CUNY Computer User Responsibilities found at https://www2.cuny.edu/about/administration/offices/cis/it-policies/. As part of the physical and social learning infrastructure, Bronx Community College and The City University of New York acquire, develop and maintain computers, computer systems and networks. At the College these computer resources are intended for College-related purposes, including direct and indirect support of the College’s education, research and public service missions; of College administrative functions; of student and College life activities; and of the free exchange of ideas among members of the College community and between the College community and other communities. This policy applies to all users of College computing resources, whether affiliated with the College or not and to all uses of those resources, whether on campus or from remote locations.
Principles of Acceptable Use
Users of College computer resources are required:
To respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files or data belonging to other users, unless explicit permission to do so has been obtained.
To respect the legal protection provided to programs and data by copyright and license.
To protect data from unauthorized use or disclosure as required by state and federal laws and College and CUNY regulations.
To respect the integrity of computing systems: for example, users shall not use or develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
To safeguard their accounts and passwords. Any user changes of password must follow published guidelines for good passwords. Accounts and passwords are normally assigned to single users and are not to be shared with any other person without authorization. Users are expected to report any observations of attempted security violations.
It is not acceptable to use Bronx Community College computer resources:
For activities inconsistent with the College’s mission
For activities unrelated to official assignments, job responsibilities or role at the College
For any illegal purpose
To transmit threatening, obscene, intimidating or harassing materials or correspondence
For unauthorized distribution of College data and information
To interfere with or disrupt network users, services or equipment
For private commercial purposes such as marketing or business transactions
In violation of copyrights, patent protections or license agreements, including using pirated or unlicensed software
For unauthorized not-for-profit business activities
For private advertising of products or services
For any activity meant to foster personal gain
Furthermore, users are prohibited from taking College computer hardware or software from College facilities for any purpose without prior approval.
Security and Privacy
Users should be aware that their uses of College computer resources are not completely private. While the College does not routinely monitor individual usage of its computer resources, the normal operation and maintenance of the College’s computer resources require the backup and caching of data and communications, the logging of activity, the monitoring of general usage patterns and other such activities that are necessary to render service. The College may also specifically monitor the activity and accounts of individual users of College computer resources, including individual login sessions and communications, without notice, when: the user has voluntarily made them accessible to the public, as by posting to Usenet or a web page; there is a reasonable basis to believe that this policy or federal, state or local law has been violated; to diagnose and resolve technical problems involving system hardware, software, or communications; or as otherwise required or permitted by law.
The College, in its discretion, may disclose the results of any such general or individual monitoring to appropriate College or CUNY personnel or law enforcement agencies and the results may be used in College disciplinary proceedings or discovery proceedings in legal actions. In addition, communications made by means of College computer resources in conjunction with College or CUNY business may be releasable to the public under the New York State Freedom of Information Law.
The College assumes no responsibility or liability for files deleted by College computer resources personnel due to a user’s violation of file server space allotments.
The College reserves the right to suspend or terminate a user’s access to College computer resources when this policy is violated.
The College is not responsible for damages caused by unauthorized access to College computer resources or for data loss or other damages resulting from delays, non-deliveries, or service interruptions, whether or not resulting from circumstances under the College’s control.
Use of any information obtained through College computer resources is at the user’s risk. The College makes no warranties (expressed or implied) with respect to Internet services and it specifically assumes no responsibility for the content of any advice or information received by a user through use of the College computer resources, or for any costs or charges incurred by the user as a result of seeking or accepting such advice.
The College reserves the right to change its policies and rules at any time.
Enforcement and Violations
This policy is intended to be illustrative of the range of acceptable and unacceptable uses of College computer resources and is not necessarily exhaustive. This policy recognizes and supports the CUNY Libraries Internet Guidelines found at www2.cuny.edu/about/administration/offices/library-services/policies/internet-access/
Questions about specific uses related to security issues not enumerated in this policy and reports of specific unacceptable uses should be directed to the Chief Information Officer. Other questions about appropriate use should be directed to your instructor or supervisor.
The College will review alleged violations of this policy on a case-by-case basis. Clear violations of this policy, which are not promptly remedied, will result in termination of access to the relevant computer resources for the person(s) at fault and referral for disciplinary actions as appropriate.
COLLEGE EMAIL POLICY
Purpose and Goals
Email is one of Bronx Community College’s core internal and external communication methods. The purpose of this policy is to ensure that email systems used by College students, faculty and staff support the College’s education, research and public service missions to the fullest extent. This policy advises all users of the College email system of their responsibilities and provides guidance in managing information communicated by email. This policy incorporates and supplements the CUNY Computer User Responsibilities found at https://www2.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/cis/it-policies/ComputerUsePolicy1.pdf
Use of Email
The College provides email services for its students, faculty, staff and other authorized persons for their use when engaging in activities related to their roles at the College. Access to email is a valuable tool in the pursuit of excellence at the College and is a privilege with certain accompanying responsibilities. The same standards of conduct that are expected of College students, faculty and staff regarding the use of other College facilities, services and resources apply to the use of email.
Users may not use the College email system for illegal or unethical purposes, for personal commercial use or personal financial or other gain, or for any other purpose that would jeopardize the legitimate interests of the College. Use of the College email system by outside organizations not authorized to use College facilities is also prohibited. Email users are prohibited from accessing another user’s email without permission.
Incidental personal use of College email is permitted when such use does not interfere with College operations, does not compromise functioning of CUNY or College computer resources, does not interfere with the user’s employment or other obligations to the College and is otherwise in compliance with this policy.
Privacy and Access
College email system administrators will not routinely monitor an individual’s email and will take reasonable precautions to protect the privacy of email. However, email is not completely confidential and private. College email system administrators and/or other authorized persons may access email:
When there is a reasonable basis to believe that this policy or federal, state or local law has been violated;
To diagnose and resolve technical problems involving system hardware, software, or communications; and as otherwise required or permitted by law. In addition, email messages sent or received in conjunction with College or CUNY business may be releasable to the public under the New York State Freedom of Information Law. All email messages, including personal communications, may be subject to discovery proceedings in legal actions.
Email security is a joint responsibility of College email system administrators and email users. Users are responsible for taking all reasonable precautions, including safeguarding and changing passwords to protect the email account and prevent use by unauthorized individuals.
Management and Retention of Email Communications
Applicable to all email messages and attachments, since email is a communications system, messages should not be retained for extended periods of time. If a user needs to retain information in an email message for an extended period, he or she should transfer it from the email system to an appropriate electronic or other filing system. College email system administrators are authorized to remove any information retained in the email system that is more than 90 days old. Backup of email messages is not required of the email system technical staff. If a user loses current messages due to a system failure, the College will restore the email with empty folders.
Violation of this policy may result in suspension and/or termination of an individual’s email account, disciplinary action by appropriate College and/or CUNY authorities, referral to law enforcement authorities for criminal prosecution and/or other legal action, including action to recover civil damages and penalties.
All email users should:
Be courteous and follow accepted standards of etiquette
Protect others’ privacy and confidentiality
Refrain from using the College email system for personal commercial purposes or other gain
Protect their passwords
Remove personal messages, transient records and reference copies in a timely manner
Comply with College and CUNY policies, procedures, rules and regulations
CUNY POLICY ON SEXUAL MISCONDUCT
I. POLICY STATEMENT
CUNY students, employees and visitors deserve the opportunity to live, learn and work free from Sexual Misconduct. Accordingly, CUNY is committed to:
Defining conduct that constitutes Sexual Misconduct;
Providing clear guidelines for students, employees and visitors on how to report incidents of Sexual Misconduct;
Providing ongoing assistance and support to all parties after allegations of Sexual Misconduct have been made;
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;
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;
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;
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
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 distress. This Policy addresses stalking that is based on sex (including sexual orientation, gender, gender expression and gender identity, including transgender status). All other stalking will be addressed under other applicable policies.
g) Title IX Sexual Harassment is a subset of the broader definition of Sexual Harassment above. It is defined by the USDOE to mean conduct on the basis of sex that occurs in CUNY’s education program or activity against a person in the United States and that satisfies one or more of the following: (1) a CUNY employee conditioning the provision of an aid, benefit, or service of CUNY on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CUNY’s education program or activity; or (3) Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this Policy
h) Voyeurism is unlawful surveillance and includes acts that violate a person’s right to privacy in connection with their body and/or sexual activity such as:
i. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.
ii. Recording images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, without that person’s consent;
iii. Disseminating images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure; or
iv. Using or installing, or permitting the use or installation of a device for the purpose of recording another person’s sexual activity, intimate body parts or nakedness in a place where the person would have a reasonable expectation of privacy without that person’s consent.
Affirmative Consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
In order to give consent, one must be of legal age (17 years or older in New York).
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.
IV. TITLE IX COORDINATOR
Each college or unit of CUNY has an employee who has been designated as the Title IX Coordinator. 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
Please see Appendix J for the complete CUNY Policy on Sexual Misconduct
All members of the Title IX Team are trained to handle complaints. In case of a complaint, you may contact any one of the following:
Chief Diversity Officer
Location: Language Hall [LH], Room 31
Irene R. Delgado
Vice President for Student Success and
Deputy Title IX Coordinator
Location: Loew Hall [LO], Room 201
Department of Public Safety
Location: Loew Hall [LO], Room 505A
Provost and Vice President of Academic Affairs
Location: Language Hall [LH], Room 11D
Ana S. Molenaar
Associate Director, Judicial Affairs
Location: Loew Hall [LO], Room 416
718.289.5100, Ext. 5630
For employees and visitors, you may contact any one of the following:
Title IX Coordinator – Chief Diversity Officer
Location: Language Hall [LH], Room 31
Department of Public Safety
Location: Loew Hall [LO], Room 505A
For more information on the CUNY Policy on Sexual Misconduct, please view the policy link at: https://www1.cuny.edu/sites/title-ix/campus-websites/cuny-policies/
THE CUNY WORKPLACE VIOLENCE POLICY AND PROCEDURES
The City University of New York has a policy to address the issue of potential workplace violence in our community, prevent workplace violence from occurring to the fullest extent possible and set for procedures to be followed when such violence has occurred. (See Appendix for provisions.)
Dr. Stephen Powers
Colston Hall [CO], Room 431 | 718.289.5469
The Student Ombudsperson serves the College as an exceptional channel of assistance for students when the normal administrative channels do not adequately respond. The Ombudsperson receives, investigates, and attempts to resolve those student complaints that have not been resolved by the appropriate College agencies; in particular, complaints alleging unfairness, discourtesy, undue delay, or other malfunctioning in the process of the College.