RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC ORDER
PURSUANT TO ARTICLE 129-A 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 that sanctuary lies in the
protection of intellectual freedom: the rights 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. These freedoms can flourish only in an atmosphere of
mutual respect, civility, and trust among teachers and students, only
when members of the University community are willing to accept
self-restraint and reciprocity as the condition upon which they share
in its intellectual autonomy.
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
Higher Education.
With respect to enforcement of these rules and regulations we note
that the Bylaws of the Board of Higher Education provide that:
"THE PRESIDENT. The president, with respect to his education unit, shall:
a. Have the affirmative responsibility of conserving and enhancing the
educational standards of the college and schools under his
jurisdiction;
b. Be the advisor and executive agent of the Board and of his
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 the several faculties;
c. Exercise general superintendence over the concerns, officers, employees, and students of his educational unit."
1. RULES
1. A member of the academic community shall not intentionally
obstruct and/or forcibly prevent others from the exercise of their
rights. Nor shall he interfere 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.
2. 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.
3. 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.
4. 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.
5. Each member of the academic community or an invited guest has the
right to advocate his 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.
6. 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 the 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.
7. Disorderly or indecent conduct on University/college-owned or controlled property is prohibited.
8. No individual shall have in his possession a rifle, shotgun, or
firearm or knowingly have in his possession any other dangerous
instruments or material that can be used to inflict bodily harm on an
individual or damage upon a building or the grounds of the
University/college without the written authorization of such
educational institution. Nor shall any individual have in his
possession any other instrument or material which can be used and is
intended to inflict bodily harm on any individual or damage upon a
building or the grounds of the University/college.
9. 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.
10. 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 (5) days after such conviction.
11. 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.
2. PENALTIES
1. 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 attached Appendix: admonition,
warning, censure, disciplinary probation, restitution, suspension,
expulsions, ejection, and/or arrest by the civil authorities.
2. 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.
3. 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.
4. Any organization which authorized 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.
APPENDIX
SANCTIONS DEFINED:
A. Admonition.
An oral statement to the offender that he has violated university rules.
B. 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 cause far more severe disciplinary action.
C. 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.
D. 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.
E. Restitution.
Reimbursement for damage to or misappropriation of property.
Reimbursement may take the form of appropriate service to repair or
otherwise compensate for damages.
F. Suspension.
Exclusion from classes and other privileges or activities as set
forth in the notice of suspension for a definite period of time.
G. 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.
H. Complaint to Civil Authorities.
I. Ejection.
Adopted by the Board of Trustees of the City University of New York on
June 23, 1969 as amended on October 27, 1980, May 22, 1989 and June 25,
1990.
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