University Policies & Legal Notices

Academic freedom is a professional right of the faculty. It consists in the freedom to teach, research, write, and to speak in their public capacity without restraint by the administration. As a professional right, academic freedom differs from the Constitutional right to freedom of speech and assembly guaranteed by the First Amendment in the sense that academic freedom is the necessary condition for faculty members to fulfill their professional obligations and responsibilities as teachers, researchers and writers.

Academic Freedom at CUNY

As cited in the UFS statement on academic freedom, CUNY has affirmed its support for academic freedom five times since their statement of 1940.  AAUP 1940 Statement.pdf

The purpose of the 1940 statement is “to promote public understanding and support of academic freedom and tenure and agreement upon procedures to ensure them in colleges and universities. Institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole. The common good depends upon the free search for truth and its free exposition.”

“Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights.”

“Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence, tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society.”

Academic Freedom

1. “Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate per for mance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.”
2. “Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.4 Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.”
3. “College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.”

Protecting Academic Freedom at CUNY

Faculty, who form the core of the University, must be free from a climate of intimidation.

Remember, if you believe that your academic freedom has been or is being threatened or violated, contact the UFS Office 646-664-9035 or by email and the Professional Staff Congress at 212-354-1252 immediately, and alert your faculty governance leader and your campus academic freedom committee. An attack on any one faculty member’s academic freedom is an attack on all and on the institution itself.

Academic Integrity Policy 2022 – download to print

Academic dishonesty is prohibited in The City University of New York. Penalties for academic dishonesty include academic sanctions, such as failing or otherwise reduced grades, and/or disciplinary sanctions, including suspension or expulsion.

Academic integrity is at the core of a college or university education. Faculty assign essays, exams, quizzes, projects, and so on both to extend the learning done in the classroom and as a means of assessing that learning. When students violate the academic integrity policy (i.e., “cheat”), they are committing an act of theft that can cause real harm to themselves and others including, but not limited to, their classmates, their faculty, and the caregivers who may be funding their education. Academic dishonesty confers an unfair advantage over others, which undermines educational equity and fairness. Students who cheat place their college’s accreditation and their own future prospects in jeopardy.

CUNY BOT adopted a revised “Policy on Academic Integrity” on June 27, 2011, which went into effect on July 1, 2011 (6.27.2011.Cal.5.L). Amended and replaced on June 27, 2022. (6.27.2022. No. 4.F.)

The Law School reserves the right to deny admission to any student, if, in its judgment, the presence of that student on campus poses an undue risk to the safety or security of the Law School or the Law School community. That judgment will be based on an individualized determination, taking into account any information the Law School has about a student’s criminal record and the particular circumstances of the Law School, including the presence of a childcare center, a public school, or public school students on the campus.

THE CITY UNIVERSITY OF NEW YORK POLICY ON THE SUBMISSION OF FRAUDULENT DOCUMENTS AND ON THE OMISSION OF INFORMATION IN SUPPORT OF AN APPLICATION FOR ADMISSION

The submission of documents in support of applications for admission such as transcripts, diplomas, test scores, references, or the applications themselves, that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses, or otherwise deceptive (collectively referred to as fraudulent documents) is prohibited by The City University of New York (CUNY) and may be punishable by: a bar on applying for admission, suspension, and/or expulsion. The term “applications for admission” includes transfer applications.

Materially incomplete applications include applications that fail to include all prior post-high school college level courses, regardless of whether (i) the courses were taken at a postsecondary institution in the United States or outside the United States, (ii) the applicant received a degree at the post-secondary institution (iii) the applicant is seeking credit for such courses, or (iv) the applicant is changing majors/careers.

PROCEDURES FOR IMPOSITION OF SANCTIONS
I. Pre-Enrollment

Whenever an applicant for admission to any college of CUNY submits, as part of an admission application, a document that is found to be fraudulent before an admission decision is made or before the applicant has enrolled, the applicant shall be barred from enrolling in any college of CUNY the year of the application and for a period of five years after the year of the application that contained the fraudulent material. If done a second time, there shall be a lifetime ban on admission to any college of CUNY. In the event of the submission of fraudulent documents, CUNY will notify the applicant in writing of this prohibited act and the penalty, and advise the applicant of the opportunity to appeal the decision in writing to the Vice Chancellor for Student Development. The applicant may then submit a written statement and evidence demonstrating that the document is not fraudulent or advancing some other defense. The Vice Chancellor may reduce or withdraw the penalty, if he or she finds the document to be authentic, that the submission of the document was not the fault of the applicant, or otherwise deems it appropriate.

II. Post-Enrollment

If, after a student has completed registration or begun classes in a CUNY college, it is found that the student had submitted a fraudulent document in support of an application for admission, the student shall be suspended from CUNY for five years. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of CUNY. The accused student shall be notified of such suspension or expulsion in writing and shall be entitled to appeal within 30 days of receiving notification and request a hearing pursuant to Article XV of the CUNY Bylaws, at which the college faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may, if persuaded that the document is authentic or that another defense is demonstrated, withdraw or a reduce the penalty. The penalty shall not take effect until after the period to appeal has expired or upon the completion of the hearing. An adverse decision of the disciplinary committee shall be appealable by the accused student to the college president and a Board committee pursuant to Article XV of the CUNY Bylaws.

III. Post-Graduation.

If, after a student has graduated, it is found that the graduate submitted a fraudulent document in support of an application for admission, then he or she shall be notified in writing. The accused graduate shall be entitled to a hearing pursuant to Article XV of the CUNY Bylaws, at which the college faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may make a decision to impose a penalty of suspension from CUNY for five years, and may also recommend the revocation of the degree or certificate that had been awarded to the student. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of CUNY. An adverse decision of the disciplinary committee imposing a suspension or expulsion shall be appealable to the college president and a Board committee pursuant to Article XV of the Bylaws. In the event the disciplinary committee recommends the revocation of a degree or certificate, the degree or certificate shall be revoked upon approval by the Board of Trustees after considering the recommendation of the faculty of the college.

IV. NOTIFICATION TO THE VICE CHANCELLOR

The Vice Chancellor for Student Development shall be notified of all bars from applying for admission, suspensions, and expulsions under this policy and shall implement them on a University-wide basis.

V. DISSEMINATION

CUNY officials shall publicize this policy and its penalties. Where appropriate, CUNY officials shall share the decisions, findings and supporting evidence on specific cases with civil and criminal authorities.

It is necessary to complete this form to report an incident of suspected and/or resolved academic dishonesty. Make a copy for your records and forward the original, along with copies of all available supporting documentation, to the:

Faculty Report Form
It is necessary to complete this form to report an incident of suspected and/or resolved academic dishonesty. Make a copy for your records and forward the original, along with copies of all available supporting documentation, to the:
Office of the Academic Integrity Officer
CUNY School of Law
Room 4-106D, Telephone: (718) 340-4370
Instructor Name:
Dept:
Phone:
Email:
Course:
Section:
Semester:
Student name:
Student ID:
Date of Incident:
Type of Incident: Cheating / Plagiarism / Other
Description of the Incident:

Did the student to academic dishonesty? Yes / No / Student could not be contacted

Explanation:

Explanation of Recommended Sanctions

Signature of Faculty Member:
Date:
Resolution of the Case after Adjudication
Academic Sanction:

Disciplinary Sanction:

Signature of Academic Integrity Officer:
Date:

A copy of the CUNY School of Law’s Annual Security Report can be obtained at the Office of the Public Safety Director, room 1-102. The Report is also available on the web at

The Report includes statistics for the previous three years, concerning reported crimes that occurred on campus, in certain off-campus or property owned or controlled by the Law School, and on public property within, or immediately adjacent to, and accessible from the campus. It also includes policy statements involving the reporting of crimes and emergency procedures. Title IX compliance procedures and policies are included in this report as well.

Download Campus & Workplace Violence Incident Reporting Form

The City University of New York (the “University” or “CUNY”) is committed to the prevention of workplace violence and will respond promptly to any threats and/or acts of violence. For purposes of this Policy, Workplace Violence is defined as any physical assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of his or her employment, including but not limited to:

(i) An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;

(ii) Any intentional display of force which would give an employee reason to fear or expect bodily harm;

(iii) Intentional and wrongful physical contact with an employee without his or her consent that entails some injury;

(iv) Stalking an employee in a manner which may cause the employee to fear for his or her physical safety and health when such stalking has arisen through and in the course of employment.

Workplace Violence presents a serious occupational safety hazard to CUNY and its employees. The University will respond promptly to threats and/or acts of violence. All employees are responsible for helping to create an environment of mutual respect and for assisting in maintaining a safe and secure work environment and will participate in the annual Workplace Violence Prevention Training Program. 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

Incidents involving Workplace Violence will be given the serious attention they deserve.2 Employees are responsible for reporting any incidents of Workplace Violence of which they become aware. The procedure for reporting incidents of suspected or alleged Workplace Violence can be found in the campus specific Workplace Violence Programs at Paragraph 7. The procedure for reporting complaints of a potential violation of the CUNY Workplace Violence Policy and Programs can be found in the campus specific Workplace Violence Programs at Paragraph 9.

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 when an employee or student anticipates that an act of violence may result from an encounter with said individual(s).3

Employee participation in the implementation of this Policy will be provided through their authorized employee representatives, who will be invited to participate in: (1) scheduled physical risk assessment site evaluation(s) to determine the presence of risk factors which may place employees at risk of workplace violence; (2) the development and annual review of a Workplace Violence Prevention Program promulgated by each College for the implementation of the Policy; (3) the annual review of the Campus Workplace Violence Incidents Report prepared annually by each College; and (4) as appropriate, following a serious incident of Workplace Violence.

1This document supersedes and replaces The City University of New York Campus and Workplace Violence Policy approved by The City University of New York Board of Trustees on February 28, 2011,

2Complaints of sexual harassment are covered under the University’s Policy Against Sexual Harassment.

3Students are not directly covered by this Policy, but they should contact the Department of Public Safety to report concerns about workplace violence.

This “The City University of New York Campus and Workplace Violence Prevention Policy” adopted by the CUNY Board of Trustees on 9/26/2011 (Cal. Item 5.H) supersedes and replaces the prior policy with the same name approved by the CUNY Board of on 2/28/2011 (Cal. Item. No.4.O).

Combating Sexual Assault and Other Unwelcome Sexual Behavior

The Office of Equal Opportunity & Diversity strives to proactively foster greater inclusion and equity.

We support CUNY’s policies against discrimination and sex-based misconduct and seek to ensure equal opportunity for the Law School’s community, including students, faculty and staff. We are committed to CUNY’s policy statements that “diversity, inclusion, and an environment free from discrimination are central to the mission of the University” and for “creating and
maintaining an environment in which its community members live, learn, and work free
from all forms of sex discrimination.”

We serve as a resource to our campus community regarding Policies on Equal Opportunity/Nondiscrimination and Sex-Based Misconduct. We are also available to provide on-site training to your department, office or unit.

If you wish to file a discrimination or sex-based misconduct complaint, you are encouraged to do so. Also, managers and supervisors are required to immediately report discrimination complaints to this office. Additionally, ALL employees (except confidential employees) are required to report sex-based misconduct to this office.

Please note: CUNY requires that all discrimination and retaliation complaints (but not sex-based misconduct complaints) should be reported through the Complaint Reporting Portal.

Combating Sexual Misconduct

On Tuesday, July 23, 2024, The City University of New York (“CUNY” or the “University”) Board of Trustees adopted the Policy on Sex-Based Misconduct (the “Policy”), which replaces the Policy on Sexual Misconduct. Consistent with the Final Rule published by the Department of Education on Monday, April 29, 2024, the Policy is effective as of Thursday, August 1, 2024. The policy governs all CUNY schools, colleges, and units.

CUNY Policy on Sex-Based Misconduct
CUNY School of Law Title IX page
CUNY School of Law Title IX powerpoint
CUNY Sexual Misconduct Complaint Form
CUNY Students’ Bill of Rights
Policy on Domestic Violence and the Workplace
Policy on Gender-Based Violence and the Workplace
Reasonable Accommodations and Academic Adjustments
Reasonable Accommodations Request Form
Stop Sexual Harassment Act Notice
Time Off for Religious Observances
Time to Vote 2020 Notice to Employees
Workplace Violence Incident Reporting Form
Workplace Violence Policy

1. Reporting Discrimination and/or Retaliation

The University is committed to addressing discrimination and/or retaliation complaints promptly, consistently and fairly.

Members of the University community, as well as visitors, may promptly report any allegations of discrimination or retaliation to the individuals set forth below:

A. Applicants, employees, visitors and students with discrimination complaints should raise their concerns with the Chief Diversity Officer at their location.

B. Applicants, employees, visitors and students with complaints of sexual harassment or sexual violence, including sexual assault, stalking, domestic and intimate violence, should follow the process outlined in CUNY’s Policy on Sexual Misconduct.

C. There are separate procedures under which applicants, employees, visitors and students may request and seek review of a decision concerning reasonable accommodations for a disability, which are set forth in CUNY’s Procedures on Reasonable Accommodation.

2. Preliminary Review of Employee, Student, or Visitor Concerns

Individuals who believe they have experienced discrimination and/or retaliation should promptly contact the Chief Diversity Officer at their location to discuss their concerns, with or without filing a complaint. Following the discussion, the Chief Diversity Officer will inform the complainant of the options available. These include seeking informal resolution of the issues the complainant has encountered or the college conducting a full investigation. Based on the facts of the complaint, the Chief Diversity Officer may also advise the complainant that his or her situation is more suitable for resolution by another entity within the University.

3. Filing a Complaint

Following the discussion with the Chief Diversity Officer, individuals who wish to pursue a complaint of discrimination and/or retaliation should be provided with a copy of the University’s complaint form. Complaints should be made in writing whenever possible, including in cases where the complainant is seeking an informal resolution.

4. Informal Resolution

Individuals who believe they have been discriminated or retaliated against may choose to resolve their complaints informally. Informal resolution is a process whereby parties can participate in a search for fair and workable solutions. The parties may agree upon a variety of resolutions, including but not limited to modification of work assignment, training for a department, or an apology. The Chief Diversity Officer will determine if informal resolution is appropriate in light of the nature of the complaint. Informal resolution requires the consent of both the complainant and the respondent and suspends the complaint process for up to thirty (30) calendar days, which can be extended upon consent of both parties, at the discretion of the Chief Diversity Officer.

Resolutions should be agreed upon, signed by, and provided to both parties. Once both parties reach an informal agreement, it is final. Because informal resolution is voluntary, sanctions may be imposed against the parties only for a breach of the executed voluntary agreement.

The Chief Diversity Officer or either party may at any time, prior to the expiration of thirty (30) calendar days, declare that attempts at informal resolution have failed. Upon such notice, the Chief Diversity Officer may commence a full investigation.

If no informal resolution of a complaint is reached, the complainant may request that the Chief Diversity Officer conduct a full investigation of the complaint.

5. Investigation

A full investigation of a complaint may commence when it is warranted after a review of the complaint, or after informal resolution has failed.

It is recommended that the intake and investigation include the following, to the extent feasible:

a. Interviewing the complainant. In addition to obtaining information from the complainant (including the names of any possible witnesses), the complainant should be informed that an investigation is being commenced, that interviews of the respondent and possibly other people will be conducted, and that the President[2] will determine what action, if any, to take after the investigation is completed.

b. Interviewing the respondent. In addition to obtaining information from the respondent (including the names of any possible witnesses), the respondent should be informed that a complaint of discrimination has been received and should be provided with a written summary of the complaint unless circumstances warrant otherwise. Additionally, the respondent should be informed that an investigation has begun, which may include interviews with third parties, and that the President will determine what action, if any, to take after the investigation is completed. A respondent employee who is covered by a collective bargaining agreement may consult with, and have, a union representative present during the interview.

The respondent must be informed that retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory employment or educational practice or policy is prohibited under this policy and federal, state, and city laws. The respondent should be informed that if retaliatory behavior is engaged in by either the respondent or anyone acting on his/her behalf, the respondent may be subject to disciplinary charges, which, if sustained, may result in penalties up to and including termination of employment, or permanent dismissal from the University if the respondent is a student.

c. Reviewing other evidence. The Chief Diversity Officer should determine if, in addition to the complainant, the respondent, and those persons named by them, there are others who may have relevant information regarding the events in question, and speak with them. The Chief Diversity Officer should also review documentary evidence that may be relevant to the complaint.

[2] References to the President in these Procedures refer to the Executive Vice Chancellor and Chief Operating Officer and the Deans of the Law School, Graduate School of Journalism, CUNY School of Public Health, School of Professional Studies and Macaulay Honors College, wherever those units are involved, rather than a college.

6. Withdrawing a Complaint

A complaint of discrimination may be withdrawn at any time during the informal resolution or investigation process. Only the complainant may withdraw a complaint. Requests for withdrawals must be submitted in writing to the Chief Diversity Officer. The University reserves the right to continue with an investigation if it is warranted. In a case where the University decides to continue with an investigation, it will inform the complainant.

In either event, the respondent must be notified in writing that the complainant has withdrawn the complaint and whether University officials have determined that continuation of the investigation is warranted for corrective purposes.

7. Timeframe

While some complaints may require extensive investigation, whenever possible, the investigation of a complaint should be completed within sixty (60) calendar days of the receipt of the complaint.

8. Action Following Investigation of a Complaint

a. Promptly following the completion of the investigation, the Chief Diversity Officer will report his or her findings to the President. In the event that the respondent or complainant is a student, the Chief Diversity Officer will also report his or her findings to the Chief Student Affairs Officer.

b. Following such report, the President will review the complaint investigation report and, when warranted by the facts, authorize such action as he or she deems necessary to properly correct the effects of or to prevent further harm to an affected party or others similarly situated. This can include commencing action to discipline the respondent under applicable University Bylaws or collective bargaining agreements.

c. The complainant and the respondent should be apprised in writing of the outcome and action, if any, taken as a result of the complaint.

d. The President will sign a form that will go into each investigation file, stating what, if any, action will be taken pursuant to the investigation.

e. If the President is the respondent, the Vice Chancellor of Human Resources Management will appoint an investigator who will report his/her findings to the Chancellor. The Chancellor will determine what action will be taken. The Chancellor’s decision will be final.

9. Immediate Prevention Action

The President may take whatever action is appropriate to protect the college community in accordance with applicable Bylaws and collective bargaining agreements.

10. False and Malicious Accusations

Members of the University community who make false and malicious complaints of discrimination, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

11. Anonymous Complaints

All complaints will be taken seriously, including anonymous complaints. In the event that a complaint is anonymous, the complaint should be investigated as thoroughly as possible under the circumstances.

12. Responsibilities

a. Responsibilities of the President:

Appoint a Chief Diversity Officer responsible for addressing complaints under this Policy
Ensure that the Chief Diversity Officer is fully trained and equipped to carry out his/her responsibilities.
Ensure that managers receive training on the Policy.
Annually disseminate the Policy and these Procedures to the entire college community and include the names, titles and contact information of all appropriate resources at the college. Such information should be widely disseminated, including placement on the college website

b. Responsibilities of Managers

Managers must take steps to create a workplace free of discrimination, harassment and retaliation, and must take each and every complaint seriously. Managers must promptly consult with the Chief Diversity Officer if they become aware of conduct that may violate the Policy.

For purposes of this policy, managers are employees who either (a) have the authority to make tangible employment decisions with regard to other employees, including the authority to hire, fire, promote, compensate or assign significantly different responsibilities; or (b) have the authority to make recommendations on tangible employment decisions that are given particular weight. Managers include vice presidents, deans, directors, or other persons with managerial responsibility, including, for purposes of this policy, department chairpersons and executive officers.

c. Responsibilities of the University Community-at-Large:

Members of the University community who become aware of allegations of discrimination or retaliation should encourage the aggrieved individual to report the alleged behavior.
All employees and students are required to cooperate in any investigation.

DOMESTIC VIOLENCE AND THE WORKPLACE POLICY STATEMENT

Download a pdf version of the Policy on Domestic Violence and the Workplace

We disapprove of violence against women, men, or children in any form, whether as an act of workplace violence or in any employee’s personal life. Domestic violence can spill over into the workplace, compromising the safety of both victims and co-workers and resulting in lost productivity, increased health care costs, increased absenteeism, and increased employee turnover. CUNY is committed to full compliance of all applicable laws governing domestic violence in the workplace, to promoting the health and safety of its employees, and to making a significant and continual difference in the fight to end domestic violence. CUNY will review this policy annually and will notify all employees and the New York State Office for the Prevention of Domestic Violence (“OPDV”) of any revisions.

(Board of Trustees Minutes,2008,06-23,5,B. Amended: Board of Trustees Minutes,2014,01-27,4,0)

POLICY ON REPORTING OF ALLEGED MISCONDUCT

Download pdf version of the Policy on Reporting of Alleged Misconduct
Alleged Misconduct Complaint Form

The City University of New York is committed to conducting its affairs in compliance with federal, state and local laws and University policy. CUNY encourages all persons to report conduct or suspected conduct that they in good faith believe may violate the law or CUNY policy so that CUNY may investigate and take appropriate action. CUNY will not retaliate against anyone who makes such a report.

Persons with knowledge of conduct or conditions that pose an imminent threat to the health or safety of any member of the CUNY community or the public should immediately call 911 or Public Safety.

1. Reporting Suspected Violations of Law or CUNY Policy

1.1 Who should report
The following persons may report conduct or suspected conduct that relates to CUNY and that they in good faith believe may violate federal, state or local law or CUNY policy (“violations”):

• Individuals who are paid by CUNY, including faculty and staff;
• Consultants, vendors and contractors doing business with CUNY;
• Individuals who perform services for CUNY as volunteers or who otherwise assert an association with CUNY; and
• Students.

1.2 What Should Be Reported
The suspected misconduct that should be reported includes, but is not limited to, that which involves or relates to the following:

• Fraud, theft, embezzlement or misuse of CUNY resources
• Conflict of interest or ethics
• Computer fraud or data security
• Child abuse or misconduct involving minors
• Sexual assault, assault and hazing
• Athletics (NCAA or NJCAA)
• Environmental, health and safety violations
• Discrimination and harassment, including age, disability, sex and race
• Research or academic misconduct by faculty or staff
• Retaliation for reporting misconduct under this Policy

1.3 How to Report

Employees are encouraged to use the reporting procedures set forth in CUNY policies dealing with specific issues. Where there is no such procedure, employees may resolve their concerns at the most local level, by reporting suspected violations through standard management channels, beginning with their immediate supervisor. If an employee does not wish to report a suspected violation to an immediate supervisor, employees may go to a higher level of management or file a Report of Alleged Misconduct on a form to be drafted by the Office of the Counsel. That form shall contain instructions on where it should be submitted and shall be posted on the web page of the Office of the General Counsel at http://www.cuny.edu/about/administration/offices/la.html.

Non-employees should also file a Report of Alleged Misconduct, following the submission instructions on the form.

1.4 Confidentiality

Reports may be submitted anonymously, although doing so may hinder the investigation and resolution of a complaint. Reports of violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, to comply with all applicable laws, and to cooperate with law enforcement authorities.

1.5 Investigation of Allegations

Reports will typically be directed to responsible persons for investigation and resolution, consistent with applicable CUNY policies and procedures. Confirmed violations will result in appropriate disciplinary action up to and including termination from employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY. In some circumstances, civil and criminal charges and penalties may apply.

2. Protection from Retaliation

No one at CUNY shall engage in any retaliatory behavior, including intimidation, harassment, discrimination, or, in the case of an employee, the imposition of an adverse employment consequence, against anyone who files a report under this policy.

Any individual who engages in retaliatory behavior against another individual who has reported a suspected violation or cooperated in the investigation of a violation will be subject to discipline, up to and including termination of employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY.

Any employee who believes that s/he or another individual who reported a suspected violation is being retaliated against should complete a Report of Alleged Misconduct or contact the University’s Director of Human Resource Investigations.

3. Filing a False Report

Making a false report or providing false information during the course of an investigation may be grounds for discipline in the absence of a good faith belief that the report or information is true.

4. Cooperation

All employees are expected to cooperate fully in the investigation of any suspected violation.

5. Distribution of Policy

This policy shall be posted on CUNY websites and distributed to new and current employees, students and volunteers who provide substantial services to CUNY through electronic notifications and other means.

6. Administration of Policy

The University’s General Counsel or his/her designee is responsible for the administration of this policy and for making reports to the Board of Trustees, or a committee thereof, consistent with the Board’s Bylaws.

Adopted by CUNY Board of Trustees, June 30, 2014, Cal. No.4.A.

GUIDELINES FOR A UNIVERSITY-WIDE PROGRAM TO COMBAT BIGOTRY AND TO PROMOTE PLURALISM AND DIVERSITY

At the January 24, 1994, meeting of the Board of Trustees of The City University of New York, a resolution was recommended by the Committee on Public Affairs to promote University policy to combat bigotry and reaffirm our commitment to pluralism and diversity. Adopted unanimously by the Trustees, the resolution calls upon the Chancellor to report to the Board on steps taken by the University and the colleges in furtherance of the policy by October 31, 1994. The Chancellor was asked to develop guidelines, by the March Board meeting, in consultation with the Council of Presidents and the leadership of the University Faculty Senate and Student Senate. These guidelines are the result of the consultative process.

The adopted Board resolution includes six whereas sections which should be reflected in the development of appropriate plans:

The Board of Trustees of The City University of New York is committed to engendering values and implementing policies that enhance respect for individuals and their cultures.

• This commitment is manifested in the statement of principles and recommendations for action on pluralism and diversity in The City University of New York adopted by the Board on January 20, 1988.
• Our cultural and ethnic diversity – our pluralism – is one of our most valued, significant and important characteristics.
• The student body of The City University of New York now includes students who trace their ancestries to over 130 countries, as well as growing numbers of students who are of color, women, immigrants, older adults and disabled persons.
• We must be proactive in developing programs that both combat bigotry and other biases in all their forms, as well as build on the strengths that our multicultural, multiracial, multigenerational student body offers.
• Such programs should build upon successful models of curricular and co-curricular pursuits developed by both members of the CUNY community, as well as with the advice and assistance of the extended CUNY family of supporters and resource persons.

The development of appropriate plans should be consistent with the By-laws of The Board of Trustees, including but not limited to Article 15.0 Preamble which states:

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Student participation, responsibility, academic freedom, and due process are essential to the operation of the academic enterprise. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Freedom to learn and to explore major social, political, and economic issues are necessary adjuncts to student academic freedom, as in freedom from discrimination based on racial, ethnic, religious, sex, political and economic differentiations.

Freedom to learn and freedom to teach are inseparable facets of academic freedom. The concomitant of this freedom is responsibility. If members of the academic community are to develop positively in their freedom; if these rights are to be secure, then students should exercise their freedom with responsibility.

By August 1, 1994, the Central Administration and the constituent colleges shall prepare such plans for submission to the Chancellor. Such plans should include a progress report on activities envisioned in the Board’s statement on Pluralism and Diversity, University and college programs, schedule and projected, to combat bigotry, and measures taken to advance the January 24, 1994, Board policy resolution. The plans should address the following elements:

1. A description of curricular and extracurricular programs and projects directed at the elimination of bigotry, encouragement of inter-group harmony, tolerance and respect and increasing understanding among members of the higher education community. This may include orientation and training programs, professional development, role-playing sessions, leadership conferences and retreats, lectures and seminars, discussions of pertinent research and scholarship, and improvements in methods for cross-cultural communication.
2. A clear statement of the availability of procedures and channels developed by the college community to expeditiously address allegations of bigotry, as well as intervention and conflict resolution alternatives that may be utilized. This should include how the institution is organized and which offices or individuals are appropriately designated to be accessible.
3. Early communication, by college officials, as the facts warrant, of institutional aversion to acts of bigotry, including the issuance of appropriate and timely statements condemning prejudice or discrimination, consistent with the first amendment. This should be done while simultaneously reaffirming the positive message of the extraordinary importance of a collegiate environment where all participants are protected, regardless of their background or social characteristics.
4. The availability of additional options for dispute resolution, such as mediation and conciliation resources both on or off campus, as needed and where appropriate. This may include the identification of faculty and staff experts, experienced student leaders, alumni, or resource persons from the greater college and University community. Established offices, however, should remain on the front-line and serve as conduits to campus and external expertise, as deemed appropriate.
5. The dissemination of materials throughout the campus community in order to ensure maximum awareness and to provide visible evidence of an institutional commitment to an intellectually tolerant collegiate environment.

Efforts to combat bigotry and promote diversity should continue to be an inextricable part of the educational mission of the University, not an ancillary activity that is re-invigorated from time to time on ad-hoc basis. Our future efforts should build upon the excellent college and University-wide programs and activities that already exist, which were reviewed by the Board of Trustees, through its Committee on Public Affairs. This will permit CUNY to continue to rejoice in the cultural richness of its varied constituencies, unrivaled in American higher education, and reflective of the University’s historic commitment to educate all those who seek upward social and economic mobility. At the same time, the University can continue to build bridges between those constituencies so that the most positive atmosphere for learning may be provided for generations to come.

Board Minutes, March 21, 1994

BUILDING USE POLICY

2 Court Square
Download pdf version of the Building Use Policy

I. General Statement

In accordance with CUNY Policy on Use of Facilities, the following guidelines provide information regarding the appropriate use of the CUNY School of Law facilities at 2 Court Square. Failure to comply with these guidelines, including damage to Law School property or conducting activities that infringe on the rights of others, may result in cancellation of the event, loss of use privileges, additional charges, and/or referral to other University agencies for appropriate action.

CUNY Law reserves the right to cancel any function before or during the activity, if the security and safety of the building and/or its occupants are threatened. For all events, the sponsoring groups will be held responsible for the conduct of those attending the activity. CUNY Law staff on duty will cooperate with the designated person to seek responsible action, but retains the ultimate authority if the activities are not being controlled according to CUNY Law and University standards. In addition, CUNY Law reserves the right to remove from its premises any person or persons who fail to comply with a lawful directive from a member of the Law School security personnel or administrative staff.

Read full Building Use Policy

ARTICLE I. NAME AND PURPOSES

Section 1. Name

The organization’s official name shall be the City University of New York School of Law Association; its short name shall be the CUNY School of Law Association, and, hereinafter in these Bylaws, it shall be called the “Association.”

Section 2. Purposes

The Association shall have responsibility for the supervision and review over Law School student activity fee- supported budgets and for the oversight, supervision, and review over Law School College Association service. The Association shall operate in the manner prescribed by the Board of Trustees of the City University as stated in the Board of Trustees Bylaws, resolutions, and the City University Fiscal Handbook for the Control and Accountability of Student Activity Fees, and policies, regulations, and orders of the College.

The purposes of this Association are educational within the meaning of Section 501(c)(3) of the Internal Revenue Code and its regulations and within this meaning it is the purpose of the Association to carry out the activities listed below, in order to promote and cultivate student activities and the quality of education for the students at the City University of New York School of Law:

a. To fund programs of the student body at the Law School which are of an educational, recreational, social, or cultural nature and for expenses incidental to the administration of these programs.

b. To operate and/or fund the cafeteria, and other college association services, which serve the needs of the students and/or other members of the Law School community.

c. To hold and administer real and personal property, in connection with carrying out its purposes.

d. In aid of the foregoing purposes, the Association shall have the power to do everything and anything reasonably and lawfully necessary, proper, suitable, or convenient for the achievement of the purposes above stated, or for any of them, or for the furtherance of the said purposes.

ARTICLE II. OFFICES

Section 1. Principal Office

The principal office and central depository of the Association shall be the Business Office of the Law School located at 2 Court Square, Long Island City, New York 11101.

Section 2. Additional Offices

The Association may also have offices and places of business at such other places, within or without the State of New York, as the members may from time to time determine.

ARTICLE III. MEMBERSHIP

Section 1. Law School Association

The Association shall consist of thirteen (13) members as follows:

a. The Dean as chair or her/his designee.

b. The Associate Dean of Academic Affairs.

c. The Associate Dean of Administration.

d. The Assistant Dean of Students.

e. Three faculty members appointed by the Dean from a panel of six (6) faculty members elected by the Law School Faculty. The Dean shall fill any vacancies that may occur during the year from the remaining members of the panel.

1. Two second-year students elected at-large by the student body before the end of the spring semester for a one-year term of office that begins on July 1.
2. Two third-year students elected at-large by the student body before the end of the spring semester for a one-year term of office that begins on July 1.
3. Two first-year students elected at-large by the student body before the end of September for a one-year term of office that begins on October 1.
4. The Association shall fill, for their unexpired term, from the appropriate class, any vacant student seat(s) that may occur during the year.

Section 2. The Association Budget Committee

The Budget Committee members shall be Association members. It shall elect its own Chair and be composed of:

a. The Assistant Dean of Students.

b. Two second-year students elected at-large by the student body before the end of the spring semester for a one-year term of office that begins on July 1.

c. Two third-year students elected at-large by the student body before the end of the spring semester for a one-year term of office that begins on July 1.

d. Two first-year students elected at-large by the student body before the end of September for a one-year term of office that begins on October 1.

ARTICLE IV. POWERS AND EXPENDITURE CATEGORIES

Section 1. Powers

a. The Association shall review student activity fee allocations and expenditures recommended by the Budget Committee to ensure conformance with the expenditure categories listed in Section 2 of this Article. The Association shall disapprove any allocation or expenditure it finds does not so conform, or is inappropriate, improper, or inequitable. Where the Association disapproves any budget or portions of a budget, the entire budget shall be returned to the Budget Committee with the specific concerns of the Association noted for further deliberation by the Budget Committee and subsequent re-submission to the Association. If the budget is not approved within 30 days, those portions of the budget voted upon and approved by the Association will be allocated. The remainder shall be held until the Association and the Budget Committee agree.

b. The Association shall review, amend, or approve all budgets of College Association services funds and all contracts for college association services prior to expenditure or execution.

c. The Budget Committee shall be empowered to receive and review student activity fee budget requests and to develop and allocate a budget subject to the review of the Association.

Section 2. Expenditure Categories

Student activity fee funds shall be allocated and expended only for the following purposes:

a. Extracurricular educational programs;

b. Cultural and social activities;

c. Recreational and athletic programs;

d. Student government;

e. Publications and other media;

f. Assistance to registered student organizations;

g. Community service programs;

f. Enhancement of the Law School and University environment;

i. Transportation, administration, and insurance related to the implementation of these activities;

j. Student services to supplement or add to those provided by the University; and

k. Stipends to student leaders.

Section 3. Parliamentary Authority

The Association and its Budget Committee shall use Robert’s Rules of Order, latest edition, as their parliamentary authority.

ARTICLE V. BUDGET PROCEDURE

Section 1. Public Notice

At least two weeks before budget requests are due, the Budget Committee shall distribute public notice to each organization and all students regarding the timetable and procedure to be followed to request funds. The notice shall contain:

aThe budget period;

b. Date by which budget requests must be submitted;

c. The place to submit budget requests;

d. Dates of public hearings to be held; and

e. A budget request form listing the names of budget line items which those requesting funds must use.

Section 2. Proposed Budgets

Each organization or individual seeking funds must submit a written budget proposal to the Budget Committee, within the time prescribed, that contains the following information:

a. Name of organization or individual requesting funds;

b. Name(s) of officer(s) authorized to sign for expenditures;

c. Size of membership;

d. Purposes of the organization and program(s) for which funds are requested;

e. Other anticipated funding sources; and

f. Requested budget allocations by line item in the form required by the Budget Committee.

Section 3. Budget Hearings

The Budget Committee shall hold public hearings to review all budget requests at the time, place, and date announced under Section 1 (d) of this Article.

Section 4. Tentative Allocations

After the budget hearings have been held, the Budget Committee shall decide tentative allocations for each request and shall notify each organization or individual of its tentative decision. Each organization or individual shall be required to submit a revised budget on a line-by-line basis, totaling no more than the tentative allocation, for final review by the Budget Committee.

Section 5. Final Budget

The Budget Committee shall review the line-by-line revised budget and either amend or approve it. It shall recommend its final budget to the Association for review as specified under Section 1 of Article IV.

Section 6. Modification of Final Budget

During the period for which the budget is approved, should it be necessary to modify the final approved budget, adjustments may only be recommended by the Budget Committee for approval by the Association before any changes are authorized; except that the Association shall permit administrative authorization of discretionary transfers between budget lines within the total budget of up to fifteen (15) percent of the total budget, upon the approval of any of the ex-officio members of the Association.

ARTICLE VI. APPROVAL AND AMENDMENT

Section 1. Approval

These Bylaws shall be considered approved upon review of the Board’s General Counsel and upon adoption by the Board of Trustees of the City University of New York.

Section 2. Amendment

a. The membership of the Association shall have the right to recommend to the Dean amendments to these Bylaws.

b. The Dean shall have the right to recommend to the Board of Trustees amendments to these Bylaws.

c. Bylaw amendments shall be considered approved upon review by the Board, General Counsel, and upon adoption by the Board of Trustees of the City University of New York.

Directory Information Non-Disclosure Form – download pdf to print

This form must be filed with the Registrar’s Office if you do not wish any or all directory information disclosed without your prior consent. Directory information otherwise may be made available to any parties deemed to have a legitimate interest in the information. The instructions on this form may be changed at any time by filing a new form with the Registrar’s Office. You should initial the appropriate spaces.

We will provide for equal access to all candidates for public office to use its facilities.
If a candidate for public office is invited to speak on campus in connection with his or her candidacy for office, all other recognized candidates will be provided the same or comparable opportunity to speak. Internal Revenue Service rulings applicable to tax exempt organizations under Section 501(c)(3) have recognized that while a tax exempt organization is prohibited from using its financial resources, facilities or personnel in support of a particular candidate during an election campaign, a forum which provides fair and impartial treatment of candidates, and which does not promote or advance one candidate over another, is acceptable. Members of the University community retain the right of all other citizens to free speech, including taking positions on public issues, and as individuals to support and vote for candidates for public office.
College facilities may also be rented for partisan political purposes including fundraisers. When this occurs, the political organization or candidates will be charged the fair market rental value for the use of the college’s facilities.

Contact Information:
Student Affairs Office
CUNY School of Law
2 Court Square
Long Island City, NY 11101-4356
(718) 340-4207

The purpose of the plan is to inform the Law School community about the status of operations during or following a snowstorm. The plan consists of two parts. The first and primary part of the plan uses the Law School telephone message system. The second part of the plan consists of giving a local radio station the School’s closing information for broadcast. Each part of the plan is outlined below.

• Telephone Call-In: In the event of a serious snowstorm, the Law School may be closed. An example of a serious snowstorm is one that has caused the closing of New York City Public Schools. In the event of a serious snowstorm, an alert message will be placed on the automatic answering system that can be accessed by dialing 718-340-4399. If there is no message on the telephone system, assume the School is open.
• Radio Announcement: The Law School will announce its closing on radio station WCBS (880 AM, 101.1 FM).

The City University Central Administration will have snow-closing information regarding all of the CUNY colleges, including the Law School, on:

RADIO:

• WCBS 880 AM: http://newyork.cbslocal.com/station/wcbs-880/
• WINS 1010 AM: http://newyork.cbslocal.com/station/1010-wins/

TV:

• NY 1 – Spectrum (Formerly Time Warner Cable) Channel 1: http://ny1.com
• WNBC TV Channel 4: http://www.nbcnewyork.com/

CUNY information can also be obtained on its website www.cuny.edu and by calling New York City’s 311 information line.

CUNYAlert 

In addition, it is recommended that each department create a communications plan for inclement weather or other emergency closures, delays, or schedule changes. It should include an updated phone tree of your staff members and be distributed to supervisors to notify their staff about reporting to work. Contact should be made by cell phone, home phone, email or in-person.

University Emergency Notification System  

CUNY Alert allows you to receive text, email and/or voice alerts of emergencies or weather related closings; you can choose your campus or office locations, phones for voice and text messages, and/or email addresses for instant emergency communication. Click the link below for more information.

For more information visit: CUNY Alert

Download a pdf version of the Governance Plan The City University of New York School of Law for print.

I. INTRODUCTION

A. PURPOSES

1. The central purpose of The City University School of Law (the “Law School”) is to create an educational program that will train students for the practice of law in the service of human needs and honor students’ aspirations toward building a legal career that reflects their commitment toward justice, fairness, and equality. The organization of work and life at the Law School is designed to encourage students to think actively about their life choices, their evolving concept of professionalism, and the content and processes of the law itself, in ways that foster their capacity to practice law in a socially useful manner.

2. This Governance Plan is intended to provide a governance system for the Law School that facilitates the realization of this commitment. This Governance Plan should be read consistent with the Bylaws of the Board of Trustees of The City University of New York, and nothing in this Plan should be read as inconsistent with the Bylaws of the Board of Trustees unless specifically so stated in this Governance Plan. The procedures that follow seek to encourage a spirit of relationship, trust, and community that operates within a framework of rules. The rules are designed to provide a framework within which people motivated by a sense of shared mission can operate in a manner that encourages responsibility and participation by all members of the Law School community.

3. In order to serve these ends, a governance system needs to respect both democratic modes of participation and an institutional authority that enables the Law School to maintain a coherent and coordinated expression of its purpose.

B. STATUS WITHIN THE CITY UNIVERSITY

1. The City University School of Law is a unit of The City University of New York (“The City University”). The Law School is a constituent element, similar to a college of The City University and shall have ties to all institutions within The City University.

Amended December 9, 2008, approved by CUNY Board of Trustees March 23, 2009. Amended may 6, 2016, approved by CUNY Board of Trustees June 27, 2016. Amended on September 9, 2016 and approved by CUNY Board of Trustees January 30, 2017 (Cal. No.5.C.) with effective date as of 1/31/2017. Amended on October 23, 2017.

FERPA Non-disclosure – download to print

GUIDELINES FOR THE IMPLEMENTATION OF THE STUDENT RECORDS ACCESS POLICY AND THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

 

Make a Freedom of Information Law (FOIL) Request

Procedures for Public Access to Public Records – download to print

FOIL requests for records maintained by the CUNY School of Law must be submitted in writing to the Records Access Officer. Please be as specific as possible in describing the records you seek. Requests can be delivered in person, mailed, faxed, emailed or submitted online by using the link below.

Contact Information

Taejong Kim
Records Access Officer
CUNY School of Law
2 Court Square
Long Island City, NY 11101-4356
Phone: (718) 340-4310
Email:Taejong.Kim@law.cuny.edu

You have a right to appeal to the General Counsel and Senior Vice Chancellor of Legal Affairs at 205 E. 42nd Street, New York, N.Y. 10017, if the college has denied your request for access to its public records. Any person denied access to records may appeal within thirty (30) calendar days after (A) you receive the denial of your request for access or (B) the date by which the college has advised you it would comply with your request has passed, and your request has not been complied with.

Policy on Acceptable Use of Computer Resources

INTRODUCTION

CUNY’s computer resources are dedicated to the support of the University’s mission of education, research and public service. In furtherance of this mission, CUNY respects, upholds and endeavors to safeguard the principles of academic freedom, freedom of expression and freedom of inquiry.

CUNY recognizes that there is a concern among the University community that because information created, used, transmitted or stored in electronic form is by its nature susceptible to disclosure, invasion, loss, and similar risks, electronic communications and transactions will be particularly vulnerable to infringements of academic freedom. CUNY’s commitment to the principles of academic freedom and freedom of expression includes electronic information.
Therefore, whenever possible, CUNY will resolve doubts about the need to access CUNY Computer Resources in favor of a User’s privacy interest.

However, the use of CUNY Computer Resources, including for electronic transactions and communications, like the use of other University-provided resources and activities, is subject to the requirements of legal and ethical behavior. This policy is intended to support the free exchange of ideas among members of the CUNY community and between the CUNY community and other communities, while recognizing the responsibilities and limitations associated with such exchange.

APPLICABILITY

This policy applies to all Users of CUNY Computer Resources, as defined in Article III below.

This policy supersedes the CUNY policy titled “CUNY Computer User Responsibilities” and any college policies that are inconsistent with this policy.

Computer Fraud and Abuse Act
Copyright Act of 1976
Electronic Communications Privacy Act
Export control regulations issued by the U.S. Departments of Commerce, State and Treasury
Family Educational Rights and Privacy Act FOIL
New York State Law with respect to the confidentiality of library records
Web Site Privacy Policy

Acceptable Use of Digital Assets

Download a pdf version of the Breach of Private Information Procedure

PURPOSE  The purpose of this protocol is to outline the steps that must be followed once a possible breach of personal privacy is identified.

PROCEDURE  When a possible privacy breach has occurred, immediate action should be taken. The following procedure will assist in controlling the situation and ensuring that, if a breach of privacy occurs, steps will be taken to minimize the risks of a similar breach from happening again.

Step 1) Confirm and Contain.

Confirm the validity of the suspected information breach.  If the breach can be reasonably ascertained, containment should occur immediately.  Containment includes, but is not limited to, disconnection of the host (e.g., server or other device) from the network or shutting down an application.  Care should be taken not to destroy data, but to preserve it without any form of network connection.  Reconnection of the device to the network is not allowed until such time as remedial steps have been completed and re-connection is specifically approved by the University Chief Information Officer or the University Chief Information Security Officer.

Step 2) Report.

The following individuals are required to be informed as soon as possible:

1. The College President or Central Office Vice President for the effected area.
2. The College Legal Affairs Department and Central Office, Office of General Counsel. c) The College or Central Office department head from which the information was breached.
3. The College Chief Information Officer or IT Director.
4. University Chief Information Officer
5. University Chief Information Security Officer.

The report should indicate whose personal information was disclosed, to whom it was disclosed, when it was disclosed, how it was disclosed/accessed, and what steps have been taken in response to the disclosure.

Step 3a) Retrieve.

Any documents or contents of electronic documents that have been disclosed to, or taken by, an unauthorized recipient should immediately be retrieved and/or secured (electronic documents or paper documents in facsimile form or printed email messages) or taken offline.  Documents, in any form, should not be destroyed until specific instruction is received.  This may require personal attention to secure the documents and return them to their original location, remove them permanently from electronic storage, or send them to the intended authorized recipient.

Step 3b) Remove.

Private information taken offline (Step 1 and Step 3a) may still be accessible and discoverable on the Internet via Internet Search engines (e.g., Google). The usual time periods for information to be removed by the search engines through routine web crawling techniques is too elongated (e.g., weeks) and requests must be made to remove the information from search engine indexes and cache directly to the Internet Search engines companies.  These requests must be made as quickly as possible.   Support request procedures for the major search engines are available as links at security.cuny.edu under Security Resources.  This step will be coordinated with the University Chief Information Security Officer.

Step 4) Notify.

In cases where the breach results in the disclosure of personal information, New York law may require that the University notify the individuals affected.  Determination of the reporting requirements will be made by the Office of the General Counsel with the College Legal Affairs Designee on a case-by-case basis.  All notification letters must be reviewed the Office of the General Counsel prior to being sent.  Notification letters should include the information sheet from the Federal Trade Commission entitled “What to do if your personal information has been compromised.”

Step 5) Investigate.

The College’s Legal Affairs Department, the Vice President for the affected area, the College CIO or IT Director, The University Chief Information Officer and The University Chief Information Security Officer will investigate the details of any breach, for the purpose of determining and recording all the relevant facts concerning the breach and making recommendations. The objectives of this investigation should include: a review of the circumstances surrounding the event as well as the adequacy of existing policies and procedures in protecting personal private information.

Step 6) Management Review.

The College Legal Affairs Department with the Vice President of the effected area will document and report the detail of the breach of privacy and remedial steps to the President of the College.  The Legal Affairs Department in collaboration with the University Chief Information Officer will report on recommendations and actions to the appropriate parties within the Chancellor’s office.  Additional incident reporting will occur by the University Chief Information Security Officer to comply with internal incident reporting policies.

CONCLUSION

A breach of private information is a serious matter. College staff and faculty and Central Office departments must make every reasonable effort to prevent breaches from occurring. If one does occur, staff and faculty must ensure that compliance with this procedure is followed.

CUNY’s Office of General Counsel staff are responsible for matters related to CUNY’s intellectual property rights and assets, including protecting and enforcing CUNY copyrights and trademarks; providing advice and counsel regarding e.g., infringement, fair use, data use, maintenance, and sharing; and answering questions about the CUNY Intellectual Property Policy.

What is a Copyright?

• Copyright Basics from the U.S. Copyright Office
• Copyright Act – complete text of the Title 17 of the U.S. Code
• U.S. Copyright Office web site

How long does copyright last?

• Chart: Copyright Term and the Public Domain in the United States, by Peter Hirtle, Cornell University

Do I need permission to use the work of another?

• Please review the CUNY Office of the General Counsel’s  Q&A for information about fair use and sample request for permission forms.
• Using Copyrighted Works in Your Teaching – FAQ, by Peggy Hoon, JD, Visiting Scholar for Campus Copyright and Intellectual Property, Association of Research Libraries

Who owns works created at CUNY?

• CUNY Intellectual Property Policy 

How do I register my work?

A work does not have to be registered with the Copyright Office in order to be protected by the Copyright Law, but there are advantages, such as the right to statutory damages and attorneys fees if your work is infringed. The CUNY Copyright Office’s Registration page has information and forms.

Other copyright resources at CUNY

• (C)opyright @ CUNY – Libraries – CUNY

Trademarks

If you would like to register a logo, tagline or other trademark, or if you believe that CUNY is making unauthorized use of a trademark you own, please contact us at ogc@cuny.edu.

Patents

Most patent and technology matters, including protecting, marketing and licensing CUNY innovations, are handled by the CUNY’s Technology Commercialization Office.

Additional information regarding intellectual property, copyright, trademarks and, patents are available here: https://www.cuny.edu/about/administration/offices/legal-affairs/policies-resources/intellectual-property/copyright-materials/

The following policy applies to users of cuny.edu and is intended to explain what types of information is gathered from users and how that information is used. CUNY employees should also refer to the CUNY Computer User Policy  which outlines CUNY’s internal policy for the use and protection of CUNY computer resources.

The City University of New York (CUNY) is committed to respecting your privacy. As an unregistered user, you can visit most of  law.cuny.edu or cuny.edu without revealing any personal information. However, in order to personalize your view of our site and gain access to certain information systems, you must register and provide some personal information. We do not collect any personal information about you unless you provide that information voluntarily. Any personal information you choose to provide us will only be used by CUNY to conduct official CUNY business. CUNY does not sell, rent, loan, trade or lease personal information collected on this site.

For purposes of this policy, “personal information” means any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person.

To protect your privacy and prevent unauthorized use, please keep your IDs and passwords in a secure place. Also, whenever you use CUNY systems from a public workstation, be sure to logout of the systems and close all web browser windows before you leave the public workstation.

Information Collected and Stored Automatically

Cookies

A cookie is a piece of text placed on your computer by a web server. We occasionally use “session” cookies on some parts of law.cuny.edu to enhance your experience of the site and to help you move through it easily. Session cookies created on your computer by CUNY servers do not contain personal information. We may use a session cookie to store a randomly generated identifying tag on your computer. Session cookies are temporary and are automatically deleted during operation of your browser or when your browser is closed.

If you register to personalize law.cuny.edu you will be asked for permission to store a “persistent” cookie on your computer’s hard drive. This permanent cookie will allow the website to recognize you and your access privileges when you visit again, and to tailor the information presented to you. CUNY uses persistent cookies only with your permission.

Most web browsers may be customized to refuse new cookies or delete existing cookies. Rejecting or deleting cookies may limit your ability to take advantage of some features of this website and could result in the loss of any customized setting.

Logs and Network Monitoring

We maintain log files of all access to cuny.edu and also monitor network traffic for purposes of site management and security. We use this information to help diagnose problems with the server and to carry out other administrative tasks. We also use log analysis tools for such purposes as creating summary statistics to determine which information is of most interest to users, identifying system problem areas, and determining technical requirements. The following information is typically collected in these files:

• the Internet Protocol address and domain name of your Internet Service Provider and/or computer, if your computer has an IP address assigned directly to it;
• the type of browser and operating system you use;
• the date and time you visited law.cuny.edu;
• the web pages or services you accessed at law.cuny.edu and amount of time spent at each page; and
• the web page from which you accessed law.cuny.edu and from which any page on this site was linked.

None of the foregoing information is deemed to constitute personal information by the New York State Internet Privacy and Security Act.

Information Collected By E-mail And Online Transactions

If you send us an e-mail, we will collect your e-mail address and the contents of your message. We will use your e-mail address and the information included in your message to respond to you, to address the issues you identify, and to improve this website. We may also use your e-mail address to notify you about updates, services, special events or activities offered by CUNY or its colleges.

If you complete a transaction such as an online application or an information request form, we will collect the information, including personal information, that you volunteered in completing the transaction. We will use this information only for the purposes for which the transaction was intended.

We may redirect your e-mail message or information you provided through an online transaction to a CUNY office other than the one which originally received the message or information in order to better respond to you.

The information we collect is not limited to text characters and may include audio, video and graphic information formats included in the message or transaction.

We do not knowingly collect personal information from children under the age of 13. You are cautioned, however, that we will treat personal information submitted in an e-mail as though it was submitted by an adult, and it may, unless exempted from access by federal or state law, be subject to public access.

Disclosure Of Information Collected Through This Website

We may collect or disclose personal information without your consent if the collection or disclosure is: necessary to perform CUNY’s statutory duties or necessary to operate a program authorized by law, or authorized by state or federal statute or regulation; made pursuant to a court order or by law; for the purpose of validating your identity; or of information to be used solely for statistical purposes that is in the form that cannot be used to identify any particular person.

Further, the disclosure of information, including personal information, collected through this website is subject to the provisions of the U.S. Family Educational Rights & Privacy Act and New York State’s Freedom of Information Law.

We may also disclose personal information to federal or state law enforcement authorities to enforce CUNY’s rights against unauthorized access or attempted unauthorized access to CUNY’s information technology assets.

Retention Of Information Collected Through This Website

We retain the information collected through this website in accordance with the CUNY records retention and disposition policy. The retention period differs depending on the type of information collected. Questions regarding the records retention and disposition policy should be addressed to:

Office of
CUNY School of Law
2 Court Square,
Long Island City, NY 11101-4356

Within five business days of the receipt of a proper request, we will

provide access to the personal information; deny access in writing, explaining the reasons therefore; or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not be more than thirty days from the date of the acknowledgment.

If we have collected your personal information through law.cuny.edu and that information is to be provided to you pursuant to your request, the records access officer will inform you of your right to request that the personal information be amended or corrected under the procedures set forth in Section 95 of the Public Officers Law.

Confidentiality And Integrity

We limit employee access to personal information collected through cuny.edu to only those employees who need access to the information in the performance of their official duties. Employees who have access to this information follow appropriate procedures in connection with any disclosures of personal information.

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ARTICLE XV STUDENTS

Download a pdf version of the Article XV Students – CUNY Bylaws
SECTION 15.0. PREAMBLE.

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Student participation, responsibility, academic freedom, and due process are essential to the operation of the academic enterprise. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Freedom to learn and to explore major social, political, and economic issues are necessary adjuncts to student academic freedom, as is freedom from discrimination, as set forth in the university’s non- discrimination policy.

Freedom to learn and freedom to teach are inseparable facets of academic freedom. The concomitant of this freedom is responsibility. If members of the academic community are to develop positively in their freedom; if these rights are to be secure, then students should exercise their freedom with responsibility.

SECTION 15.1. CONDUCT STANDARD DEFINED.

Each student enrolled or in attendance in any college, school or unit under the control of the board and every student organization, association, publication, club or chapter shall obey (1) the laws of the city, state and nation; (2) the bylaws and resolutions of the board, including the rules and regulations for the maintenance of public order pursuant to article 129-a of the education law (“Henderson rules”); and (3) the governance plan, policies, regulations, and orders of the college.

Such laws, bylaws, resolutions, policies, rules, regulations and orders shall, of course, be limited by the right of students to the freedoms of speech, press, assembly and petition as construed by the courts.

SECTION 15.2. STUDENT ORGANIZATIONS.

a. Any group of students may form a team (excluding intercollegiate athletics), student media/publications, organization, association, club or chapter by filing with the duly elected student government organization of the college or school at which they are enrolled or in attendance and with an officer to be designated by the chief student affairs officer of the college or school at which they are enrolled or in attendance (1) the name and purposes of the organization, association, club or chapter, (2) the names and addresses of its president and secretary or other officers corresponding
in function to president and secretary.

The board recognizes that students have rights to free expression and association. At the same time, the board strongly believes that respect for all members of the university’s diverse community is an essential attribute of a great university and requires viewpoint neutrality in the recognition of student teams, student media/publications, organizations, associations, clubs or chapters.

Each student leader and officer of student organizations recognized by or registered with the institution, as well as those seeking recognition by the institution, must complete training on domestic violence, dating violence, stalking, and sexual assault prevention and on CUNY’s Policy on Sexual Misconduct prior to the organization receiving recognition or registration.

b. Extra-curricular activities at each college or school shall be regulated by the duly elected student government organization to insure the effective conduct of such college or school as an institution of higher learning and for the prevention of activities which are hereafter proscribed or which violate the standards of conduct of the character set forth in bylaw 15.1. Such powers shall include:

1. i. The power to charter or otherwise authorize teams (excluding intercollegiate athletics), student media/publications, organizations, associations, clubs or chapters, and, when appropriate in the exercise of such regulatory power, the power to refuse, suspend or revoke any charter or other authorization for cause after hearing on notice. All such decisions must be based upon viewpoint neutral criteria as detailed in the Fiscal Accountability Handbook and must be based upon the written submissions of the student team, publication, organization, association, club or chapter, which will describe its intent to conduct activities for the benefit of students. ii. All decisions declining a charter or authorization must be in writing and are appealable to the college or school’s chief student affairs officer or designee, who shall render a final written decision on the appeal. iii. Appeals must be based upon one or both of the following two grounds: the denial was arbitrary and capricious or discriminated against the applicant based upon viewpoint.

2. The power to delegate responsibility for the effective implementation of its regulatory functions hereunder to any officer or committee which it may appoint.
c.
1. Any person or organization affiliated with the college may file a complaint with the chief student affairs officer if there is reason to believe that a student organization has violated any of the standards of conduct set forth in section 15.1 above. The chief student affairs officer shall promptly notify the affected organization, investigate any complaint and report the results of that investigation along with a recommendation for appropriate action to the complainant and the student government which shall take action as it deems appropriate, except that in the case of a complaint against the student government itself, the chief student affairs officer shall report the results of the investigation and the recommendation for appropriate action directly to the president.

2. The complainant or any student organization adversely affected pursuant to paragraph C (1) above may appeal to the president. The president may take such action as he or she deems appropriate, and such action shall be final.

d. Each college shall establish a student elections review committee in consultation with the various student governments. The student elections review committee shall approve the election procedures and certify the results of elections for student governments, and student body referenda. Decisions of the student elections review committee may be appealed to the college president, whose decision shall be final. An appeal from the decision of the student elections review committee must be made in writing to the President within ten (10) calendar days of the decision. The President shall consult with the student elections review committee and render a decision as expeditiously as possible which may affirm, reverse, or modify the decision of the student elections review committee.

e. Student government elections shall be scheduled and conducted, and newly elected student governments shall take office, in accordance with policies of the board, and implementing regulations.

SECTION 15.3. THE UNIVERSITY STUDENT SENATE.

There shall be a university student senate responsible, subject to the board of trustees, for the formulation of university-wide student policy relating to the academic status, role, rights and freedoms of the student. The authority and duties of the university student senate shall not extend to areas of interest which fall exclusively within the domain of the student governments of the constituent units of the university. Consistent with the authority of the board of trustees in accordance with the education law and the bylaws of the board of trustees, the university student senate shall make its own bylaws providing for the election of its own officers, the establishment of its own rules and procedures, for its internal administration and for such other matters as is necessary for its existence. The university student senate shall have the full rights and responsibilities accorded student organizations as provided in these bylaws. The delegates and alternate delegates to the university student senate shall be elected by their respective constituencies or by their student governments from the elected members of the respective student governments.

SECTION 16.1. STUDENT ACTIVITY FEE.

The student activity fee is the total of the fees for student government and other student activities. Student activity fees, including student government fees collected by a college of the university shall be deposited in a college central depository and, except where earmarked by the board, allocated by a college association budget committee subject to review by the college association as required in these bylaws

SECTION 16.2. STUDENT ACTIVITY FEES USE – EXPENDITURE CATEGORIES.

Student activity fee funds shall be allocated and expended only for the following purposes

1. Extracurricular educational programs;

2. Cultural and social activities

3. Recreational and athletic programs

4. Student government

5. Publications and other media

6. Assistance to registered student organizations

7. Community service programs

8. Enhancement of the college and university environment

9. Transportation, administration and insurance related to the implementation of these activities

10. Student services to supplement or add to those provided by the university

11. Stipends to student leaders

SECTION 16.3. STUDENT GOVERNMENT FEE.

The student government fee is that portion of the student activity fee levied by resolution of the board which has been established for the support of student government activities. The existing student government fees now in effect shall continue until changed. Student government fees shall be allocated by the duly elected student government, or each student government where more than one duly elected student government exists, for its own use and for the use of student organizations, as specified in section 15.2. of these bylaws, provided, however, that the allocation is based on a budget approved by the duly elected student government after notice and hearing, subject to the review of the college association. Where more than one duly elected student government exists, the college association shall apportion the student government fees to each student government in direct proportion to the amount collected from members of each student government

SECTION 16.4. STUDENT GOVERNMENT ACTIVITY DEFINED.

a. A student government activity is any activity operated by and for the students enrolled at any unit of the university provided, (1) such activity is for the direct benefit of students enrolled at the college, (2) that participation in the activity and the benefit thereof is available to all students enrolled in the unit or student government thereof, and (3) that the activity does not contravene the laws of the city, state or nation, or the published rules, regulations, and orders of the university or the duly established college authorities

SECTION 16.5. COLLEGE ASSOCIATION.

a. The college association shall have responsibility for the supervision and review over college student activity fee supported budgets. All budgets of college student activity fees, except where earmarked by the board to be allocated by another body, should be developed by a college association budget committee and recommended to the college association for review by the college association prior to expenditure. The college association shall review all college student activity fee, including student government fee allocations and expenditures for conformance with the expenditure categories defined in Section 16.2. of this article and the college association shall disapprove any allocation or expenditure it finds does not so conform, or is inappropriate, improper, or inequitable

b. A college association shall be considered approved for purposes of this article if it consists of thirteen (13) regular, voting members and up to six (6) alternates, its governing documents are approved by the college president and the below requirements are met. Notwithstanding the foregoing, a college association that is not separately-incorporated may have a governing board of thirteen (13) members consisting of the individuals listed in 1(i) through 1(iv) below, plus one additional administrative member and one additional faculty member, and is not required to have the audit committee referenced in 3 below

1. The governing board of the college association is composed of

(i) The college president or his/her designee as chair

(ii) Two administrative members and one administrative alternate, appointed by the college president

(iii) Two faculty members and up to two faculty alternates appointed by the college president from a panel whose size is twice the number of seats (including the alternates) to be filled and the panel is elected by the appropriate college faculty governance body

(iv) Six student members and up to three student alternates comprised of the student government president(s) and other elected students with the student seats allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable in proportion to the student activity fees provided by the students from the respective constituencies

(v) Two independent directors appointed by the college president. An independent director shall be a former employee of the college or the association, a college alum, a community member, or any other individual, who, pursuant to Section 102 of the Not-for-Profit Corporations Law: (A) has not been within three years of his or her appointment to the governing board of the association, an employee of the association, CUNY or the Research Foundation of CUNY; and (B) does not have a relative who is, or has been within three years of the individual’s appointment to the governing board, a key employee of the association, CUNY or the Research Foundation of CUNY; and (C) has not received, and does not have a relative who has received, in any of the three fiscal years prior to the individual’s appointment to the governing board, more than $10,000 in direct compensation from the association, CUNY or the Research Foundation of CUNY (other than reimbursement for expenses reasonably incurred as a director or reasonable compensation for service as a director as permitted by the Not-for-Profit Corporations Law); and (D) is not a current employee of or does not have a substantial financial interest in, and does not have relative who is a current officer of or has a substantial financial interest in, any entity that has made payments to, or received payments from, the association, CUNY or the Research Foundation of CUNY for property or services in an amount which, in any of the three fiscal years prior to the individual’s appointment to the governing board, exceeds the lesser of $25,000 or 2% of such entity’s consolidated gross revenues. For purposes of this definition, “payment” does not include charitable contributions

(vi) The alternates may attend meetings of the governing board, and each shall be entitled to vote on such matters that come before the governing board to the extent that the alternate is substituting for an absent member of the same constituency

2. The college association structure provides a budget committee composed of members of the governing board, at least a majority of whom are students selected in accordance with section 16.5.(b) (1)(iv) of these bylaws. The budget committee shall be empowered to receive and review student activity fee budget requests and to develop a budget subject to the review of the college association. The college association may choose to not approve the budget or portions of the budget if in their opinion such items are inappropriate, improper, or inequitable. The budget shall be returned to the budget committee with the specific concerns of the college association noted for further deliberation by the budget committee and subsequent resubmittal to the college association. If the budget is not approved within thirty (30) days those portions of the budget voted upon and approved by the college association board will be allocated. The remainder shall be held until the college association and the budget committee agree

3. Every separately-incorporated college association shall have an audit committee consisting of the two independent directors and one student member elected by the governing board who meets the criteria for independence set forth in 16.5.(b)(1)(v)(A) through (D). The audit committee shall oversee the accounting and financial reporting processes of the association and the audit of the association’s financial statements and shall have such other duties as set forth in Section 712-a of the Not-for-Profit Corporations Law

4. The governing documents of the college association have been reviewed by the board’s general counsel and approved by the board

SECTION 16.6. MANAGEMENT AND DISBURSEMENT OF FUNDS.

The college and all student activity fee allocating bodies shall employ generally accepted accounting and investment procedures in the management of all funds. All funds for the support of student activities are to be disbursed only in accordance with approved budgets and be based on written documentation. A requisition for disbursement of funds must contain two signatures; one, the signature of a person with responsibility for the program; the other the signature of an approved representative of the allocating body

SECTION 16.7. REVENUES.

All revenues generated by student activities funded through student activity fees shall be placed in a college central depository subject to the control of the allocating body. The application of such revenues to the account of the income generating organization shall require the specific authorization of the allocating body

SECTION 16.8. FISCAL ACCOUNTABILITY HANDBOOK.

The chancellor or his/her designee shall promulgate regulations in a fiscal accountability handbook, to regulate all aspects of the collection, deposit, financial disclosure, accounting procedures, financial payments, documentation, contracts, travel vouchers, investments and surpluses of student activity fees and all other procedural and documentary aspects necessary, as determined by the chancellor or his/her designee to protect the integrity and accountability of all student activity fee funds

SECTION 16.9. COLLEGE PURPOSES FUND.

a. A college purposes fund may be established at each college and shall be allocated by the college president. This fund may have up to twenty-five (25) percent of the unearmarked portion of the student activity fee earmarked to it by resolution of the board, upon the presentation to the board of a list of activities that may be properly funded by student activity fees that are deemed essential by the college president

b. Expenditures from the college purposes fund shall be subject to full disclosure under section 16.13. of these bylaws

c. Referenda of the student body with respect to the use and amount of the college purposes fund shall be permitted under the procedures and requirements of section 16.12. of these bylaws

SECTION 16.10. AUXILIARY ENTERPRISE CORPORATION.

a. The auxiliary enterprise corporation shall have responsibility for the oversight, supervision and review over college auxiliary enterprises. All budgets of auxiliary enterprise funds and all contracts for auxiliary enterprises shall be reviewed by the auxiliary enterprise corporation prior to expenditure or execution

b. The auxiliary enterprise corporation shall be considered approved for the purposes of this article if it consists of at least eleven (11) members, its governing documents are approved by the college president and the following requirements are met

1. The governing board is composed of the college president or his/her designee as chair, plus an equal number of students and the combined total of faculty and administrative members, and two independent directors

2. The administrative members are appointed by the college president

3. The faculty members are appointed by the college president from a panel whose size is twice the number of seats to be filled and the panel is elected by the appropriate college faculty governance body

4. The student members are the student government president(s) and other elected students and the student seats are allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable, in proportion to the student enrollment by headcount from the respective constituencies

5. The independent directors are appointed by the college president. An independent director shall be a former employee of the college or the auxiliary enterprises corporation, a college alum, a community member, or any other individual, who, pursuant to Section 102 of the Not-for-Profit Corporations Law: (A) has not been within three years of his or her appointment to the governing board of the auxiliary enterprises corporation, an employee of the auxiliary enterprises corporation, CUNY or the Research Foundation of CUNY; and (B) does not have a relative who is, or has been within three years of the individual’s appointment to the governing board, a key employee of the auxiliary enterprises corporation, CUNY or the Research Foundation of CUNY; and (C) has not received, and does not have a relative who has received, in any of the three fiscal years prior to the individual’s appointment to the governing board, more than $10,000 in direct compensation from the auxiliary enterprises corporation, CUNY or the Research Foundation of CUNY (other than reimbursement for expenses reasonably incurred as a director or reasonable compensation for service as a director as permitted by the Not-for-Profit Corporations Law); and (D) is not a current employee of or does not have a substantial financial interest in, and does not have relative who is a current officer of or has a substantial financial interest in, any entity that has made payments to, or received payments from, the auxiliary enterprises corporation, CUNY or the Research Foundation of CUNY for property or services in an amount which, in any of the three fiscal years prior to the individual’s appointment to the governing board, exceeds the lesser of $25,000 or 2% of such entity’s consolidated gross revenues. For purposes of this definition, “payment” does not include charitable contributions

6. The auxiliary enterprises corporation shall have an audit committee consisting of the two independent directors and one student member elected by the governing board who meets the criteria for independence set forth in 16.10.(b)(5)(A) through (D) . The audit committee shall oversee the accounting and financial reporting processes of the auxiliary enterprises corporation and the audit of the auxiliary enterprises corporation’s financial statements and shall have such other duties as set forth in Section 712-a of the Not-for-Profit Corporations Law

7. The governing documents of the auxiliary enterprise corporation have been reviewed by the board’s general counsel and approved by the board

SECTION 16.11. THE REVIEW AUTHORITY OF COLLEGE PRESIDENTS OVER STUDENT ACTIVITY FEE ALLOCATING BODIES AND AUXILIARY ENTERPRISE CORPORATIONS.

a. The president of the college shall have the authority to disapprove any student activity fee, including student government fee, or auxiliary enterprise allocation or expenditure, which in his or her opinion contravenes the laws of the city, state, or nation or any bylaw or policy of the university or any policy, regulation, or order of the college. If the college president chooses to disapprove an allocation or expenditure, he or she shall consult with the general counsel and vice chancellor for legal affairs and thereafter communicate his/her decision to the allocating body or auxiliary enterprise board

b. The president of the college shall have the authority to suspend and send back for further review any student activity fee, including student government fee, allocation or expenditure which in his or her opinion is not within the expenditure categories defined in section 16.2. of this article. The college association shall, within ten (10) days of receiving a proposed allocation or expenditure for further review, study it and make a recommendation to the president with respect to it. The college president shall thereafter consider the recommendation, shall consult with the general counsel and vice chancellor for legal affairs, and thereafter communicate his/her final decision to the allocating body as to whether the allocation or expenditure is disapproved

c. The chancellor or his/her designee shall have the same review authority with respect to university student activity fees that the college president has with respect to college student activity fees

d. All disapprovals exercised under this section shall be filed with the general counsel and vice chancellor for legal affairs

e. Recipients of extramural student activity fees shall present an annual report to the chancellor for the appropriate board committee detailing the activities, benefits and finances of the extramural body as they pertain to the colleges where students are paying an extramural fee

SECTION 16.12. REFERENDA.

A referendum proposing changes in the student activity fee shall be initiated by a petition of at least ten (10) percent of the appropriate student body and voted upon in conjunction with student government elections

a. Where a referendum seeks to earmark student activity fees for a specific purpose or organization without changing the total student activity fee, the results of the referendum shall be sent to the college association for implementation

b. Where a referendum seeks to earmark student activity fees for a specific purpose or organization by changing the total student activity fee, the results of such referendum shall be sent to the board by the president of the college together with his/her recommendation

c. At the initiation of a petition of at least ten (10) percent of the appropriate student body, the college president may schedule a student referendum at a convenient time other than in conjunction with student government elections

d. Where the referendum seeks to affect the use or amount of student activity fees in the college purposes fund, the results of the referendum shall be sent to the board by the college president together with his/her recommendation

SECTION 16.13. DISCLOSURE.

a. The college president shall be responsible for the full disclosure to each of the student governments of the college of all financial information with respect to student activity fees

b. The student governments shall be responsible for the full disclosure to their constituents of all financial information with respect to student government fees

c. The student activity fee allocating bodies shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to all of its activities

d. The auxiliary enterprise corporation shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to auxiliary enterprises

e. For purposes of the foregoing paragraphs, full disclosure shall mean the presentation each semester of written financial statements which shall include, but need not be limited to, the source of all fee income by constituency, income from other sources creditable to student activity fee accounts, disbursements, transfers, past reserves, surplus accounts, contingency and stabilization funds. Certified independent audits performed by a public auditing firm shall be conducted at least once each year

SECTION 16.14. STIPENDS.

The payment of stipends to student leaders is permitted only within those time limits and amounts authorized by the board

It is our policy to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws.

We also provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses.

It is a violation of this policy for any member of the college community to engage in discrimination or to retaliate against a member of the community for raising an allegation of discrimination, filing a complaint alleging discrimination, or for participating in any proceeding to determine whether discrimination has occurred.

Individuals who experience discrimination or sexual misconduct may file complaints with my office which will be investigated in a fair and impartial manner. CUNY requires that you initially report complaints of discrimination and retaliation (not sexual misconduct) by using the CUNY Complaint Reporting Portal.

The report will then be sent to Michael Valente, Chief Diversity Officer, who will review the report thoroughly and take appropriate action, which may include reaching out to you for more information and to explore next steps. A report may be made anonymously. An anonymous report will be taken seriously and reviewed thoroughly; however, the ability to investigate an anonymous report and pursue further action may be limited.

Discrimination & Retaliation Complaint Reporting Portal
Equal Opportunity & Non-Discrimination Policy
Notice of Non-Discrimination
Reasonable Accommodations and Academic Adjustments

Student Bill of Rights

Title IX Information

Rules for Maintenance Of Public Order

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 nourish 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:

1. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction;
2. 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;
3. 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.

Download pdf version of the Procedures

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.

• 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.
• 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.
• 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.
• 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 postinvestigation meeting.
• 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
• 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.

The Law School reserves the right to deny admission to any student, if, in its judgment, the presence of that student on campus poses an undue risk to the safety or security of the Law School or the Law School community. That judgment will be based on an individualized determination, taking into account any information the Law School has about a student’s criminal record and the particular circumstances of the Law School, including the presence of a childcare center, a public school, or public school students on the campus.

Download the pdf version of the CUNY Policy on Drugs and Alcohol

The City University of New York (“CUNY”) is an institution committed to promoting the physical, intellectual, and social development of all individuals. As such, CUNY seeks to prevent the abuse of drugs and alcohol, which can adversely impact performance and threaten the health and safety of students, employees, their families, and the general public. CUNY complies with all federal, state, and local laws concerning the unlawful possession, use, and distribution of drugs and alcohol.

Federal law requires that CUNY adopt and implement a program to prevent the use of illicit drugs and abuse of alcohol by students and employees. As part of its program, CUNY has adopted this policy, which sets forth (1) the standards of conduct that students and employees are expected to follow; (2) CUNY sanctions for the violation of this policy; and (3) responsibilities of the CUNY colleges/units in enforcing this policy. CUNY’s policy also (1) sets forth the procedures for disseminating the policy, as well as information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and available counseling, treatment, or rehabilitation programs, to students and employees; and (2) requires each college to conduct a biennial review of drug and alcohol use and prevention on its campus.

This policy applies to all CUNY students, employees and visitors when they are on CUNY property, including CUNY residence halls, as well as when they are engaged in any CUNY-sponsored activities off campus.

CUNY STANDARDS OF CONDUCT
The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by anyone, on CUNY property (including CUNY residence halls), in CUNY buses or vans, or at CUNY-sponsored activities, is prohibited. In addition, CUNY employees are prohibited from illegally providing drugs or alcohol to CUNY students. Finally, no student may possess or consume alcoholic beverages in any CUNY residence hall, regardless of whether the student is of lawful age, except for students living in the Graduate School and University Center’s graduate housing facilities who may lawfully posses and consume alcoholic beverages. For purposes of this policy, a CUNY residence hall means a residence hall owned and/or operated by CUNY, or operated by a private management company on CUNY’s behalf.

In order to make informed choices about the use of drugs and alcohol, CUNY students and employees are expected to familiarize themselves with the information provided by CUNY about the physiological, psychological, and social consequences of substance abuse.

CUNY SANCTIONS

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STUDENTS
Students are expected to comply with the CUNY and college policies with respect to drugs and alcohol. Any student found in violation may be subject to disciplinary action under Article 15 of the Bylaws of the Board of Trustees, which may result in sanctions up to and including expulsion from the University

In addition, any student who resides in a CUNY residence hall and who is found to have violated any CUNY or college policy with respect to drugs and alcohol may be subject to sanctions under the CUNY Residence Hall Disciplinary Procedures, up to and including expulsion from the residence hall.

In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the student must see a counselor or successfully participate in a drug and alcohol treatment program.

In accordance with the Federal Educational Rights and Privacy Act (“FERPA”), CUNY may also choose—when appropriate—to contact parents or legal guardians of students who have violated the CUNY policy on drugs and alcohol.

EMPLOYEES
Any employee found to have violated this CUNY policy may be subject to disciplinary action, in accordance with the procedures set forth in applicable CUNY policies, rules, regulations, and collective bargaining agreements. Sanctions may include a reprimand, suspension without pay, or termination of employment. In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the employee must successfully participate in a drug or alcohol treatment program.

RESPONSIBILITIES OF CUNY COLLEGES/UNITS
Each college or unit of the University should make its best efforts to educate employees and students about this policy and the risks associated with the unlawful possession, use, or distribution of illegal drugs and alcohol. The President of each college or unit may choose to ban alcohol at on-campus functions or at any particular function. This policy, together with information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and counseling, treatment, or rehabilitation programs available to employees or students, must be distributed annually to all employees and students. The Chief Student Affairs Officer shall be responsible for the distribution of this material to students, and the Director of Human Resources shall be responsible for the distribution of the material to employees.

The Vice President for Administration, or person performing the equivalent function at each college or unit of CUNY, shall be responsible for conducting a biennial review to determine the effectiveness of CUNY’s drug and alcohol program at its college or unit, and to ensure that sanctions for drug and alcohol violations are consistently enforced. Upon completion, the biennial review must be sent to the University’s Executive Vice Chancellor and Chief Operating Officer. This biennial review must include the number of drug and alcohol-related violations and fatalities that occur on the college’s campus or as part of the college’s activities, as well as the number and type of sanctions imposed as a result of drug and alcohol-related violations and fatalities that occur at the college as part of its activities.

Adopted by CUNY Board of Trustees: June 22, 2002 and amended on May 2, 2011 (BOT May 2, 2011 Calendar Minutes: Item # 5.A.).

The Law School permits the consumption of alcohol under the following rules and in accordance with New York State and City laws and regulations and University policies. This policy pertains to faculty, staff, and students. The term “Law School,” when used to identify a location, includes the Law School building and the surrounding grounds.

a. The Law School requires that a New York State Liquor Authority Temporary Beer and Wine Permit (TBWP) be obtained when alcohol is served at any event. Please note: New York State Liquor Authority requires 21 business days’ notification for application processing. (More information is available at www.abc.state.ny.us.)

b. When alcohol is served, other food and non-alcoholic beverages, such as water, juice, or soft drinks, must be served in equal or greater proportions. Highly caffeinated energy drinks are not a suitable alternative and will not count towards the proportion of non-alcoholic beverages that must be served. Under Section 64-a of the Alcoholic Beverage Control law, pretzels, potato chips, and similar snack products do not meet the minimum requirement for food. Acceptable foods include “salads, soups, sandwiches, and finger foods.”

c. Alcohol may only be served or consumed during events that are sponsored by a faculty/administrator/staff member or by a registered student organization. Only one student-organized event serving alcohol may be held at the Law School on the same day.

d. All student events or gatherings where alcoholic beverages will be consumed must be registered at the Office of Student Affairs. The registration and/or reservation of facilities must be made at least twenty-one (21) business days prior to the event.

e. Alcohol may only be served or consumed on weekdays from 5 p.m. to 10 p.m.

f. Alcohol may only be served or consumed in the following designated areas of the Law School: faculty lounge, staff lounge, and rooms approved, in advance, by the Dean of Students.

g. Only beer and wine may be served at the Law School. Mixed drinks are not permitted.

h. Beer and wine must always be dispensed from original retail or wholesale containers.

i. Only funds collected by or allocated to a registered student organization can be used to purchase alcohol for student events. The informal collection of money for alcoholic beverages that will be consumed in the Law School is prohibited.

j. Advertisement for events may not promote the abuse of alcohol.

k. Drinking contests or games are prohibited at the Law School.

l. Alcohol may be stored at the Law School only with the written permission of the Office of Student Affairs. If the permission is granted, the location will be determined by the Office of Student Affairs.

m. The Law School reserves the right, at any time, to limit the amount of alcohol purchased and/or served at any event.

n. The Law School reserves the right to prevent individuals who appear intoxicated from entering or leaving the Law School, including exiting from the building to a parking lot or garage.

o. Violation of any portion of the alcohol policy may lead to the suspension of privileges to use Law School facilities for the sponsoring student organization(s) and/or the individual student organizers of the event in question. Violators are also subject to disciplinary action by appropriate Law School and/or University officials and may also be referred to civil authorities. (According to Section 130 of the Alcohol Beverage Control Law, violations of NYS Alcohol Beverage Control Laws are unclassified misdemeanors and subject to criminal proceedings.)

p. Exceptions to this policy may only be made by the Dean or her/his designee.

PREAMBLE

We, the students of the CUNY School of Law, affirm that we have power to effect change within our community. Our history of struggle reveals that individual, group, and class concerns impact us all and thus ought to be the concern of all; therefore, we shall create an environment that supports, respects, and thrives on the differences among us. We also affirm that the protection of our rights and freedoms as students requires an organized, active, and unified Student Government; therefore, we charge our Government with the duty to provide an inclusive forum to actively address students’ needs and concerns and with the duty to maintain an engaged, informed, and supportive law student community, which will, by its example, reverberate throughout the larger legal community.

ARTICLE I | NAME

The name of this organization shall be the Student Government of the CUNY School of Law, hereinafter referred to as the SG.

ARTICLE II | PURPOSE

The purposes of the SG shall be:

1. To provide a forum for discussion of matters affecting the student body as a whole;
2. To be an independent mechanism for unified student action and unified student voice in areas of academics, government, and political and social concerns; and
3. To coordinate and facilitate the process for selection of student representatives in the CUNY School of Law’s governance system.

ARTICLE III | PARLIAMENTARY AUTHORITY

A. Enforcement and Legislation

The SG shall have the power to enforce, by appropriate legislation, including SG Bylaws, Rules, and Resolutions, the provisions of this Constitution.

2. Creation of Committees, Offices, and Other Entities

B. The SG may create Standing Committees, Ad Hoc Committees, Offices, or other subordinate entities, in order to facilitate the commencement and/or continuation of activities which are in accordance with the purposes of the SG, including activities of investigation and activities intended to further policies adopted by the SG.

C. Appearance Requests

The SG may hold hearings and issue requests for individuals to appear at any of its sessions or hearings for the purpose of obtaining information or performing oversight functions relevant to its purposes

ARTICLE IV | MEMBERSHIP

A. Standing for Membership

Any matriculated student, registered at the CUNY School of Law, is eligible to run for a seat on the SG as a Member of the SG.

B. Number of Members

Eight members from each full-time class and two members from each part-time class shall be elected from the student body at large during the annual General Election.

C. Voting Power of Members

1. Each member shall have the power to cast one vote for each vote called during any and all sessions at which they are present, unless that member is either chairing the session or is the subject of a current impeachment proceeding
2. The presiding officer of any session shall refrain from voting, except in the event of a tie among the other members present at that session.

D. Responsibilities of Members

Each member shall attend all General Sessions and Special Sessions and shall make good faith efforts to attend any Emergency Sessions.

Each member shall serve either as an officer, a member of one of the internal standing committees, or as a student representative on one of the external standing committees.

To the extent necessary to enable the officers to perform their required functions adequately, each member shall make himself or herself available to the officers by providing both a phone number and an email address by which the officers may reliably contact that member. The phone number and preferred email address shall be accessible only to the SG officers and shall be shared with others, only upon the express consent of the member in question.

In the event that a member reasonably anticipates not attending any General or Special Session, that member shall notify the Whip as soon as possible of his or her anticipated absence, providing an explanation for the anticipated absence that is sufficiently detailed such that the Whip will be able to determine whether the absence should be deemed excused or unexcused.

In the event that a member fails to attend any General or Special Session, that member shall, on his or her own initiative, contact the Whip within one (1) day following the absence. If he or she has not already done so, the member shall provide the Whip with an explanation for the absence that is sufficiently detailed, such that the Whip will be able to determine whether the absence should be deemed excused or unexcused.

E. Filling Member Vacancies
1. If at any time a member resigns or is removed, that member’s seat shall be declared vacant and shall be offered to the candidate who in the most recent SG General Election, received the most votes from among the remaining candidates of that member’s class. If such candidate declines to fill the vacant seat, the seat shall then be offered to the candidate with the second most votes from among the remaining candidates of that class, and so on in descending order, until either the vacant position has been filled by an acceptance or the list of the remaining candidates has been exhausted.

2. In the event that the list of the remaining candidates has been exhausted, the SG shall hold a Special Election in order to fill the vacant seat. The Special Election shall be put to the student body at large and governed by the same rules as the General Election held by the Office of Student Affairs. Any student from the class of the member whose seat has been vacated may run for the vacated seat. The winner of the Special Election shall be entitled to hold the vacant position for the rest of the academic year.

ARTICLE V | OFFICERSTypes

A. Types

There shall be four Officers who altogether shall comprise the Executive Membership of the SG:

1. the President;
2. the Vice President;
3. the Secretary; and
4. the Whip.

B. Qualifications

1. All Officers shall be duly elected Members of the SG.
2. All Student Government officers and representatives shall carry out their duties in accordance with FERPA and section 478 of the New York Judiciary Law.

C. Vacancies

In the event of an Officer’s resignation or removal, the remaining Officers of SG shall call a Special Election within two weeks of the representative’s resignation or removal by impeachment. The Special Election shall then be held during the Session immediately following the call for a Special Election.

D. Responsibilities

1. The Presidenta. Within two weeks after his or her election, the President shall propose and, upon majority approval by the other members of the Steering Committee, schedule at least six (6) General Sessions for each semester of the academic year.b. Agenda. The President, in consultation with the members of the Steering Committee, shall set the Agenda for every session.c. Sessions. The President shall preside at all sessions, unless either absent, subject to a current impeachment proceeding, or otherwise disabled from presiding. In presiding over the sessions, the President shall strive to ensure constructive deliberation, the efficient use of time, and effective decision-making among the members.d. Oversight of all SG functions. The President shall be the individual primarily responsible for the oversight and coordination of all of the standing activities of the SG.e. Student Liaison to Administration and other entities. The President shall be responsible for acting as the chief liaison of the student body to the administration, faculty, staff, and relevant individuals and organizations outside the Law School community, and to that end shall be responsible at all times for making good faith efforts to be both informed about and representative of students’ interests, positions, and concerns.f. Deans’ Forums. The President shall preside at and set the agenda for all Deans’ Forums.g. To the extent necessary to discharge all of his or her responsibilities, the President may delegate a lesser portion of the responsibilities of the Office of the President to the Vice President, provided, however, that such delegation does not impede the Vice President from discharging the responsibilities of the Office of the Vice President.h. Advice. If requested by the incoming President, the outgoing President shall provide instruction and other advice to the incoming President on the responsibilities of the Office for a reasonable period of time.
2. The Vice Presidenta. The Vice President shall attend and stand ready to preside at all properly convened meetings, including, but not limited to, General Sessions, Special Sessions, Emergency Sessions, and Deans’ Forums.b. The Vice President shall assume the responsibilities of the President should that office become vacant or in the President’s absence.c. Committees point person. The Vice President shall be responsible for informing the SG General Body of the activities of both the internal committees and the external committees.d. In the event that the Secretary is not present at a properly convened meeting, the Vice President shall prepare minutes for that meeting, provided, however, that if the Vice President is presiding at the meeting in question, then the Whip shall be held responsible for preparing the minutes.e. Appointment of replacement Chairs. In the event that a Chair fails to submit two reports to the Whip in accordance with the requirements of Article III, the Vice President shall appoint another member of that Committee to be Chair.f. If requested by the incoming Vice President, the outgoing Vice President shall provide instruction and other advice to the incoming Vice President on the responsibilities of the Office for a reasonable period of time.
3. The Secretarya. Agenda. The Secretary shall distribute the Agenda for each Session to all Members by email no later than twenty-four (24) hours prior to that Session.b. Minutes. The Secretary shall attend and prepare minutes for all properly convened meetings, including, but not limited to, General Sessions, Special Sessions, Emergency Sessions, and Deans’ Forums.c. Compilation of records. The Secretary shall be responsible for compiling in orderly fashion all minutes, agendas, legislative documents, official SG communications, and other similar documents, which were either created or modified during the Secretary’s term. All documents shall be promptly archived and released as required by the Office and Records Management Committee and by the Communications Committee, respectively.d. If requested by the incoming Secretary, the outgoing Secretary shall provide instruction and other advice to the incoming Secretary on the responsibilities of the Office for a reasonable period of time.e. The Secretary shall temporarily assume the responsibilities of the Vice President should the Office become vacant or in the Vice President’s absence.
4. The Whipa. Attendance. The Whip shall be responsible for taking attendance at each Session.b. Session reminders. The Whip shall email to all Members of the SG reminders of each upcoming General or Special Session two (2) days before that Session is to take place.c. Follow-up on absences. The Whip shall contact, by phone and/or email, any and all members who were absent at the most recent session within two (2) days of the absence. The Whip shall ask any and all such members to give a reason for his or her absence for the purpose of determining whether the absence was excused or unexcused. The Whip shall record the reason(s) given by such member(s) and submit such records to the Secretary.d. Excused and unexcused absences. The Whip shall be authorized to determine whether the absence of any member at any and all General and Special Sessions is an excused absence or an unexcused absence. The Whip shall be the sole member authorized to determine whether a given absence falls within one of the following categories of excused absences:(1) Emergency illness;(2) Conflict due to work or class;(3) Conflict due to attendance at an external Committee meeting; or(4) Religious holiday or personal emergency.e. Compiling reports of Chairs. The Whip shall compile the status reports from the Chairs of all SG Standing Committees and present them to the President and Vice President within one (1) day following the receipt of the reports from the Chairs. In the event that a Chair fails to provide a report to the Whip in accordance with the requirements of Article III, the Whip shall contact the Chair and remind that Chair to submit a report immediately.
5. The Student Director of Disability Issues(a) The Student Director of Disability Issues shall attend and prepare an update on disability issues at the Law School for all convened meetings, including but not limited to General Sessions, Special Sessions, Emergency Sessions, Deans’ Forums, Student Forums, and Student Union Meetings.(b) Availability as Liaison. The Student Director of Disability Issues shall be accessible to students for the purpose of improving life for students with disabilities. The Student Director of Disability Issues shall attend all meetings, and be available in person and by email.(c) Privacy of Students. The Student Director of Disability Issues shall protect the privacy of all students with disabilities and may not disclose information about any student without that student’s consent.(d) Consent of Students. The Student Director of Disability Issues shall work with any student with a disability but only with that student’s continuing consent. The Student Director of Disability Issues may not act contrary to the will of those students that the Student Director of Disability Issues may otherwise represent.(e) Representation. The Student Director of Disability Issues shall represent, assist, and/or accompany any student with a disability in meetings with Law School administrators, staff, faculty, students, and/or others about disability issues. This provision and the following subsections are subject to the requirements of provisions (c) and (d).(i) The Student Director of Disability Issues shall attend meetings regarding disability issues between the student with a disability and administrators, staff, faculty, students, and/or others.(ii) Should a student with a disability want student representation, assistance, or accompaniment in meetings with administrators or others about disability issues, but does not want the Student Director of Disability Issues to represent, assist, or accompany the student, the Student Director of Disability Issues shall arrange for another student to represent, assist, or accompany the student with a disability provided this substitute representative meets the qualifications and requirements of provisions (c) and (d).(iii) Should a student with a disability want the Student Director of Disability Issues to assist or accompany a student with a disability in a meeting with administrators or others about disability issues, but the Student Director of Disability Issues cannot attend, the Student Director of Disability Issues shall arrange for another student to assist or accompany the student with a disability, provided that this substitute representative meets the qualifications and requirements of provisions (c) and (d).(iv) Nothing in this provision shall limit the right of a student with a disability to find individual representation without the involvement of the Student Director of Disability Issues.(f) Knowledge. The Student Director of Disability Issues shall know CUNY Law’s procedures relating to disability issues and shall have an elementary understanding of federal, state, and local laws relating to disability issues. The Student Director of Disability Issues shall also be capable of organizing students around disability issues.(g) Advice. The outgoing Student Director of Disability Issues shall provide instruction and other advice to the incoming Student Director of Disability Issues on the responsibilities of the office for a reasonable period of time. This shall include, but is not limited to, writing a brief memorandum to the incoming Student Director of Disability Issues and the incoming President regarding the disability-related issues addressed during the outgoing Student Director of Disability Issues’ term and any outstanding issues. This provision is subject to the requirements of provisions (c) and (d).

ARTICLE VI | COMMITTEES

A. Categories

1. Internal Committees. For the purposes of this Constitution, “internal” committees means:(a) all of the SG Standing Committees;(b) the SG Steering Committee; and(c) any Ad Hoc Committees created by the SG.
2. External Committees. For the purposes of this Constitution, an “external” committee means any committee in the Law School’s governance system which was not created by the SG and on which committee at least one seat is reserved for a student representative.

B. SG Standing Committees

1. TypesThere shall be six SG Standing Committees:(a) The Budget and Finance Committee;(b) The Office and Records Management Committee;(c) The Communications Committee;(d) The Polling Committee;(e) The Academic Affairs Committee; and(f) The CUNITY Committee.
2. Jurisdiction and Enumerated Responsibilitiesa. The Budget and Finance Committeei. JurisdictionThe Budget and Finance Committee shall have jurisdiction over the design and implementation of such rules and other protocols on the SG’s budget and finances, as are necessary to ensure both the adequate funding of the SG and the prudent use of SG funds.ii. Enumerated ResponsibilitiesThe Budget and Finance Committee shall:

A. Propose an SG budget within two (2) weeks after notification of the Law School Association’s tentative budget allocations and submit the proposed budget to the SG General Body for approval by majority vote;

B. Promulgate rules governing the use of SG funds;

C. Maintain accurate and orderly records of all expenditures and receipts by the SG;

D. Be responsible for overseeing any SG fundraising initiatives; and

E. Draft the SG’s budget proposal to the LSA for the upcoming academic year.

b. The Office and Records Management Committee

i. Jurisdiction

The Office and Records Management Committee shall have jurisdiction over the design and implementation of such rules and other protocols governing the use of the SG office space, the SG bulletin boards, and the SG records, as are necessary to ensure the maintenance of an office which promotes the transparency, accessibility, efficiency, and overall effectiveness of SG.

ii. Enumerated Responsibilities The Office and Records Management Committee shall:

A. Promulgate rules governing the use and maintenance of the SG office space, the SG bulletin boards, and SG records;

B. Ensure the physical maintenance of an orderly SG office, and, to that end, also remind students and student organizations to remove items stored in the SG office after a period of time, in accordance with the rules, which have been promulgated by this Committee; and

C. Archive all SG documents in a prompt, orderly, and accurate fashion.

c. The Communications Committee

i. Jurisdiction

The Communications Committee shall have jurisdiction over the design and implementation of such rules and other protocols governing SG communications, as are necessary to ensure that the student body is adequately informed of the SG’s activities and goals.

ii. Enumerated Responsibilities

The Communications Committee shall:
A. Ensure timely maintenance of the website;

B. Ensure the prompt and accurate release of SG public documents to the student body at large and/or the Law School community as a whole; and

C. Lead initiatives to utilize the unique resources of the SG website and any other web-based communications.

d. The Polling Committee

i. Jurisdiction

The Polling Committee shall have jurisdiction over the design and implementation of such Rules and other protocols governing all polls conducted by the SG, as are necessary to ensure that the SG is adequately informed of the needs and interests of the student body.

ii. Enumerated responsibilities The Polling Committee shall:

A. Design, in consultation with the officers and chairs of the Standing Committees, polls which are pertinent and relevant to the student body, and which have the intent or effect of keeping the student body informed about current events and promoting collective student action on issues or events with significant impact on the community;

B. Conduct these polls in an efficient, accountable, and reliable manner; and

C. Work together with the Officers to develop protocols for releasing the results of these polls.

e. The Academic Affairs Committee

i. Jurisdiction

The Academic Affairs Committee shall have jurisdiction over the design and implementation of such Rules and other protocols governing the measures taken by the SG to address issues pertaining to the academic life of students at the Law School.

ii. Enumerated Responsibilities

The Academic Affairs Committee shall:

A. Be responsible for soliciting and recording concerns, problems, and other comments from the student body on matters of academic policy, teaching quality, curriculum, and other matters pertaining to academic life at the Law School; and

B. Recommend any measures that it believes the SG should take on particular matters within its jurisdiction.
f. The CUNITY Committee

i. Jurisdiction

The CUNITY Committee shall have jurisdiction over the design and implementation of such rules and other protocols, as are necessary to ensure the protection and promotion of the sense of community at the Law School, which sense is both unique among schools and essential to the fulfillment of the dual mission of the school.

ii. Enumerated responsibilities The CUNITY Committee shall:

A. Organize student forums on issues and problems significantly affecting the student body;

B. Plan and execute the end of the year party; and

C. Work with different members of the Law School community, including leaders of student organizations, faculty members, and administrators, on the resolution of conflicts within the community and organize events or actions designed to help resolve such conflicts.

3. Chairsa. Qualificationsi. Each Standing Committee shall be chaired by a member of the SG.ii. The Budget and Finance Committee shall be chaired by the President.iii. The Communications Committee shall be chaired by the Vice President.iv. The Office and Records Management Committee shall be chaired by the Secretary.b. AppointmentsThe President shall nominate, and the SG General Body shall approve by simple majority at a session, the Chairs of the Polling, Academic Affairs, and CUNITY Committees.c. Responsibilitiesi. Selection of other Committee Members. Each Chair shall be responsible for recruiting and selecting other students to serve on the Standing Committee of which he or she is Chair. The total number of members of any given Standing Committee shall be proposed by the Chair of that Committee and shall take effect unless overruled by a majority of SG members at a session. In all cases, however, the total number of members of any Standing Committee shall be large enough to ensure the fulfillment of the enumerated responsibilities of that Committee. The non-Chair members of the SG Standing Committee need not be members of the SG; however, in the event that both members of the SG and students who are not SG members are willing to serve on the Committee and the Chair must choose some individuals over others, the Chair shall give preference to members of the SG over non-SG members.ii. Status Reports. Each Chair shall prepare concise written reports on the current status of his or her Committee’s tasks, deliberations, and actions. A report shall be due to the Whip at the beginning of each week for which classes are in session, provided, however, that if there is no status change, then the Chair may simply send the Whip a brief written message indicating the lack of change in status. The Chair’s status report should not be longer than three paragraphs and shall consist of the following:A. a list of the specific tasks that the Committee has been charged with performing;B. any progress made by the Committee on these tasks during the past week; andC. what measures the Committee needs and plans to take next.d. Dereliction of Duty

If a Chair fails to send two or more updates to the Whip as specified in Art. VI(B)(3)(b)(1), then the Chair shall lose his or her seat as Chair, and the Vice President shall appoint another member of that Committee to be Chair.

C. SG Steering Committee

Composition. The Steering Committee shall be composed of the Officers of the SG and the Chairs of the SG Standing Committees.

Time-sensitive decisions. The SG General Body may, by appropriate legislation, authorize the members of the Steering Committee to make decisions on behalf of the General Body on matters which are time-sensitive, but which also counsel deliberation among a body not solely comprised of the Executive Members.

D. External
Committees Qualifications

Any Member of the SG may serve on an External Committee.

Appointments

Who may Nominate. Any member of the Steering Committee may nominate a member of SG, including himself or herself, to serve as a student representative on any external Committee containing a student representative seat which is filled neither by means of election by the student body at large nor by administrative appointment.

Nomination and Approval. A valid appointment shall consist of a nomination by a member of the Steering Committee followed by simple majority approval of that nomination by the SG General Body. All such appointments shall take place by the end of the second General Session of each academic year and after the election of the Officers.

Vacancies. In the event that any student seat for any of the aforementioned external committees remains vacant by the end of the second General Session, the Officers shall be authorized to appoint students to such vacant seat(s). These appointments shall be presented to the SG General Body during the next Session, at which time the appointments may be overruled by a simple majority vote of the SG General Body at any Session, including the Session at which such appointments were presented by the Officers.

ARTICLE VII | MEETINGS

A. Definitions

1. There shall be two general categories of meetings:(a) Sessions; and(b) meetings other than Sessions which have been convened by the SG.
2. Sessions(a) Types. There shall be three types of Sessions:(i) General;(ii) Special; and(iii) Emergency.(b) General SessionsA “General” Session is any of the twelve (12) sessions scheduled by the President as required by Art. V(D)(1)(a).(c) Special SessionsA “Special” Session is a Session other than a General Session which has been proposed by a consensus of all of the officers and which has been scheduled and announced to the SG General Body at least one week in advance of the proposed date and time.(d) Emergency SessionsAn “Emergency” Session is a Session other than a General or Special Session which has been proposed by a consensus of all of the officers and which has been scheduled and announced to the SG General Body less than one week in advance of the proposed date and time. Any member who is unable, despite having made good faith efforts, to attend an Emergency Session shall not be deemed in violation of Art. IV(D)(1).
3. SG Meetings Other than SessionsMeetings other than sessions which have been convened by the SG shall include but are not limited to:(a) Deans’ Forums; and(b) Student Forums.
   B. Attendance at Meetings
4. Attendance at Sessionsa. Member Attendance Requirements.Each member shall attend all General Sessions and Special Sessions, and each Member shall make good faith efforts to attend any Emergency Sessions.b. Absencesi. A member who has accumulated three or more unexcused absences shall be deemed to have vacated his or her seat.ii. The following excuses shall qualify as excused absences:
   (A) Illness;(B) Conflict due to work or class schedule;(C) Conflict due to attendance at an external Committee meeting; and(D) Religious holiday or personal emergency.iii. The Whip shall determine whether a given absence qualifies as excused or unexcused.iv. The Whip shall provide written notification of all excused and unexcused absences to the Secretary, who shall then archive such records. The Whip shall compile and submit to the Secretary for archive all statements that were submitted to the Whip from members explaining an anticipated and/or actual absence.
   2. Attendance at Non-Session SG Meetingsa. All officers shall attend all Deans’ Forums and Student Forums.b. Any member other than an officer shall not be deemed in violation of Art. IV(D)(1) for failure to attend SG meetings other than sessions.

   C. Minimum Number of General Sessions per Month

   There shall be at least two General Sessions per month while fall and spring classes are in session.

   D. Quorum for Sessions
   A quorum shall consist of one-third of the current membership plus one and is necessary to conduct official business at any Session.

   E. Additional Rules for Sessions

   1. The presiding officer shall temporarily step down when voicing preferences regarding matters under deliberation.
   2. All sessions shall be open to all members of the CUNY community.
   3. All sessions may be conducted using any procedures that facilitate open debate and consensus-building for the purpose of moving business forward.

ARTICLE VIII | ELECTIONS

A. Accordance with CUNY Bylaws

1. SG elections shall be held in accordance with CUNY Bylaws, and pursuant to the procedures and guidelines set forth in this Article.

B. General Election

1. 2L and 3L Members. Second- and third-year members shall be students elected at-large by their respective classes no earlier than April 20 for a one-year term of office that begins July 1.
2. 1L Members. First-year members shall be students elected at-large by the first-year class no later than September 15 for a one-year term of office that begins October 1 and ends June 30.
3. Only duly enrolled students at the CUNY School of Law may vote, and each such student is entitled to cast one ballot. Each student may vote for up to eight (8) representatives from his or her graduating class.

C. Election of Officers

1. All Officers and Chairs shall be elected by a majority of the students at-large no earlier than April 20 for a one-year term of office that begins July 1. All second and third year elected representatives are qualified to run for officer positions.
2. The officer positions are as follows:(1) President;(2) Vice President;(3) Secretary;(4) Whip.

ARTICLE IX | IMPEACHMENT

A. Who May Bring an Impeachment Charge

Any member other than the President may bring impeachment charges against any other member, including the President. An impeachment charge must be presented at a session in order to take effect.

B. Number of Votes Required for Removal

Impeachment and subsequent removal from office requires a two-thirds vote of the members present at a session.

C. Procedure for Impeachment Proceeding

1. HearingBoth the accusing member and the accused member shall be called upon to present their respective cases in session. The accused member shall be excluded from subsequent deliberation and voting during the remainder of the impeachment proceeding.
2. Deliberations and Votinga. Recorded VoteThe presiding officer shall under all circumstances call for a recorded vote on any motion to remove by impeachment.b. Where the Accused is an OfficerIf the accused member is also an Officer, then the presiding Officer shall call a vote on whether to remove the accused member solely from his or her current office or whether to remove the accused from his or her seat entirely.

D. Standard for Removal by Impeachment

When voting on whether to remove the accused member by impeachment, each member shall vote to remove the accused member, only if that member has engaged in conduct that is in substantial violation of the provisions of the SG Constitution.

E. Closed Session

All impeachment proceedings shall take place in closed sessions of the SG, wherein only members and any testifying witnesses may be present during these proceedings.

ARTICLE X | AMENDMENTS

A. Who May Request an Amendment

Written requests to amend this document may be made by any matriculated student, regardless of whether he or she is a Member of the SG.

B. Procedure for Ratification of Amendments

The procedure by which a proposed Amendment to the SG Constitution shall be ratified is as follows:

1. The proposed Amendment shall be sponsored by at least one member and co-sponsored by at least two (2) other members.
2. The proposed Amendment shall be presented to the whole student body, by both paper and electronic means, a minimum of one (1) week prior to the date on which the vote on the proposed Amendment is scheduled.
3. The proposed Amendment shall be deemed ratified by either one of two methods:a. Ratification by MembershipA proposed Amendment may be ratified by the SG membership, if carried by a two-thirds majority of the membership present at the session for which the vote is scheduled.b. Ratification by Referendum
   A proposed Amendment may be ratified by the student body at large, if both of the following conditions have been met:
   (i.) More than half the currently matriculated student body at large votes in the referendum; and(ii) At least two-thirds of the students who voted in the referendum have voted in favor of the proposed Amendment.

City University of New York School of Law Student Complaints
Regarding ABA Compliance – Standard 510

The City University School of Law is an American Bar Association (ABA) accredited law school. As such we are subject to the ABA Standards for Approval of Law Schools – http://www.americanbar.org/groups/legal_education/resources/standards.html

ABA Standard 510 allows any student at the school to bring a formal complaint to the law school administration identifying any issue of non-compliance with the ABA Standards.

To lodge a formal complaint a student may submit that specific complaint in writing to the Interim Associate Dean of Student Affairs, Amanda Beltran. This may be done via email using the student’s law school email account to amanda.beltran@law.cuny.edu , via U.S. Mail (2 Court Square, Office of Student Affairs, LIC, NY 11101), or via personal delivery (Room 5/117).

Anonymous complaints may be brought to the Student Affairs reception desk or submitted anonymously directly via the “Submit An Anonymous Complaint” link below.

Submit An Anonymous Complaint

Example of Complaint Regarding Compliance with the Standards

If a student’s complaint is that the law school does not offer a Legal Ethics/Professional Responsibility course it may implicate the school’s Compliance with ABA Standards. However, a complaint regarding a grade in that class would not implicate the school’s compliance with the Standards.

Procedure for Lodging a Complaint

The written complaint will need to describe the potentially offending behavior, program, or process and how the student perceives it to violate the Standards. Please provide as much detail as possible, so the administration has sufficient information to conduct a thorough investigation.

Procedure for Reviewing Complaint

The Dean of Students will acknowledge receipt of a complaint and begin an investigation of the complaint within ten business days of receiving the complaint.

The investigation will be concluded within 30 days of the receipt of the complaint, unless more time is needed and reason for that will be noted in the record.

Upon completion of the complaint investigation, a written response will be sent to the complainant along with any necessary corrective actions.

A response cannot be personally sent to a complainant if they file anonymously.

Procedure for Appeal

If the complainant is not satisfied with the investigative findings and response, they may file an appeal in writing to the Law School Dean Sudha Setty. This may be done via email using the student’s law school email account to Sudha Setty , via U.S. Mail (2 Court Square, Office of the Dean, LIC, NY 11101), or via personal delivery (Room 5/106E). If a student would like to submit the complaint anonymously they may click the “Submit An Anonymous Appeal” link below.

The student must file the appeal within 14 business days of receipt of the response. The Dean will convene a subcommittee consisting of a faculty member, an administrator, and a student representative to review the original complaint, the investigation, the response, and the appeal in order to make a recommendation. The Dean will then determine if further action is needed.

Submit An Anonymous Appeal

Procedure for Record Keeping

All complaints, investigations, responses, appeals, decisions and resolution of the complaint will be kept on file in the Office of Student Affairs.

Non-Retaliation

The law school will not retaliate in any way against an individual who makes a complaint under this policy.

The legislature of the State of New York and federal statues have made the possession, sale, or purchase of certain drugs, without authorization, a crime. New York law prohibits selling or giving alcohol to any “visibly intoxicated person.” The possession and consumption of alcohol is illegal under state law for those under 21 years of age. All members of the Law School community are expected to abide by the laws of the city, state, and federal government (Board of Trustees Bylaws, Article XV, Section 15.1). The Law School will not serve as a sanctuary and cannot insulate its members from the consequences of illegal acts. The Law School will not protect its students, faculty, or staff from prosecution under the law. All members of the community are expected to abide by city, state, and federal statutes that have made the possession, sale, or purchase of illegal drugs a crime. Smoking is prohibited in the Law School, and it is illegal to sell tobacco to persons under the age of 18 in New York State.

Directory Information Non-Disclosure Form

Download the Directory Information Non-Disclosure Form

This form must be filed with the Registrar’s Office if you do not wish any or all directory information disclosed without your prior consent. Directory information otherwise may be made available to any parties deemed to have a legitimate interest in the information. The instructions on this form may be changed at any time by filing a new form with the Registrar’s Office. You should initial the appropriate spaces.

University policy prohibits students from giving gifts of any value to CUNY staff or faculty. The University also prohibits its employees from accepting gifts of any value, either directly or indirectly, from any student, regardless of whether the gift was intended to influence or reward the employee. (CUNY has adopted a “zero tolerance” policy regarding gifts of any value to CUNY staff.) To protect staff and faculty at the Law School from being exposed to the risk of penalty, students may not use their own money or student organization money to purchase for staff or faculty, meals, tokens of appreciation, or anything of monetary value, no matter how heartfelt. Friendliness and good wishes, however, are always welcome.

Lactation Policy

Download a pdf version of the Lactation Policy

In recognition of the importance and benefits of breastfeeding for mothers and infants and in compliance with state and federal law, CUNY School of Law supports the rights of nursing mothers at school and in the workplace. CUNY School of Law is dedicated to making its best effort to accommodate requests from nursing mothers for break time and a private space to express breast milk on campus.

CUNY School of Law is required by the Patient Protection and Affordable Care Act, as well as New York State Labor Law, to provide certain protections and benefits to employees who are nursing mothers. CUNY School of Law also is prohibited by Title IX of the Education Amendments of 1972 from discriminating against students on the basis of sex, including pregnancy and related conditions.

Therefore, CUNY School of Law is updating its employee lactation policy to explicitly permit students to use lactation rooms.

CUNY School of Law will provide its employees reasonable break time for up to three years after they give birth to express milk. An employee may utilize her paid break periods to express milk, take an unpaid break period, or make up the time she may need by extending her workday. CUNY School of Law will also provide to employees, upon request, a room or other location, in reasonably close proximity to the work area where she can express milk in privacy. The room will not be a bathroom, and it will be shielded from view and free from intrusion from co-workers and the public. CUNY School of Law [has a room dedicated or makes rooms available upon request].
These rooms will be made available to students based on availability, on a first-come, first-served basis.

For Colleges with Identified Spaces:

CUNY School of Law has established the following space(s) as [an] available lactation room(s):

• Room 2-101, to the right of the Gift Shop. It is secured with a lock which indicates
• Occupied/Unoccupied on the exterior lock device.
• To gain access to the room, student can get a key via Student Affairs. Employees can go to HR and Public Safety will supply.
• This space is available to students and employees.

Responsibilities of Employees

Requests for time off to express milk: Discuss your request with your supervisor. You may request reasonable unpaid break time and/or use your paid breaks or mealtimes for this purpose. Time used to express milk may be made up at the beginning or end of the workday. Generally, a maximum of 15-25 minutes three times a day should be sufficient, depending on how far away the location is from your workspace.

Responsibilities of Supervisors

Supervisors should grant reasonable requests for unpaid break time and/or the use of paid breaks or mealtimes for lactation. Time used to express milk may be made up at the beginning or end of the day. Generally, a maximum of 15-25 minutes three times a day should be sufficient, depending on how far the lactation room is from the employee’s workspace. The employee should be able to tell you approximately what time she will need breaks and how long it will take. However, be prepared to be flexible.

Please consult with the Director of Human Resources should any difficulties arise in complying with the mandates of these laws. Federal and state law explicitly prohibits discrimination against an employee who chooses to express milk in the workplace.

Responsibilities of Students

Students will have access to lactation rooms based on availability and on a first-come, first-served basis, and may need to schedule access ahead of time, depending on employee use.

NYS Education Law, Article 5 – Section 224-a. Students unable because of religious beliefs to register or attend classes on certain days.

1. Students requesting religious accommodation should contact the Office for Student Affairs. The Interim Dean of Student Affairs, or a designee, and the student will engage in an interactive process with the goal of finding an acceptable accommodation.

2. Consistent with New York State Education Law § 224-a, students who are absent from school because of a religious belief will be given the equivalent opportunity, without any additional fee charged, to register for classes or make up any examination, study or work requirements missed because of such absence on any particular day or days.

3. Employees and applicants requesting a religious accommodation should contact the Office of Human Resources. The Director of Human Resources, or a designee, and the employee/applicant will engage in an interactive process with the goal of finding an acceptable accommodation. Classified civil service candidates who are required to take an exam or attend a hiring pool and are seeking an accommodation should follow the written instructions provided on the exam application, hiring pool instructions, or contact the HR Advisory Services unit in University Human Resources.

4. Individuals requesting accommodations may be required to submit an intake form. In the case of requests for religious accommodations, the interactive process may include a consideration of a variety of factors, such as the individual’s religious practices and the functions and requirements of the academic program or job. Reasonable accommodations may include, but are not limited to, flexible arrival and/or departure times, permission to make up a test or lecture, leave or assignment changes, time and/or space to pray, or an accommodation relating to appearance or dress.

5. CUNY generally will not question that a request for religious accommodation is based on a sincerely held belief. However, if CUNY has genuine reason to doubt that a belief qualifies as religious, or is sincerely held, CUNY may make a limited inquiry, asking for supporting documentation. The documentation submitted may include the requestor’s first-hand explanation, or explanations from others, such as a religious official or clergy member, who are aware of the religious practice or belief.

6. A grant or denial of the request must be made as soon as practicable, taking into account the urgency of the request, and sent in writing to the individual making the request, either stating the accommodation, or for denials, the reason(s) the request was denied.

B. Appeals

Students, employees, and applicants may appeal a denial of their accommodation request by filing a complaint with the Chief Diversity Officer at their College or unit. The Chief Diversity Officer, or a designee, will mediate to try to resolve the issues between the individual and the College to find an acceptable accommodation. If a mutually acceptable accommodation cannot be determined, then the Chief Diversity Officer, or a designee, will investigate the complaint and make a recommendation to the College President, or if the employee works at the Central Office, then to the Senior Vice Chancellor for University Human Resources. The College President or Senior Vice Chancellor for University Human Resources will make the final determination concerning the complaint.If the employee is covered by a collective bargaining agreement, the employee may discuss the matter with a union representative and exercise any rights available under such agreement.

The recording of all or parts of classes may only be made with the permission of the instructor. There are no exceptions to this policy. Undisclosed or surreptitious recordings of any kind, including photos, audio, and video recordings by students without permission are not permitted on the Law School premises, or where any party is on a Law School telephone or other Law School communications device. Such conduct may be subject to disciplinary action by the Law School.

Authorized Recording

The Office of Student Affairs may request a class to be recorded by the Audio-Visual Department on behalf of a student in the following situations:

• Disability accommodation – In order to ensure compliance with applicable laws, such as the Americans with Disabilities Act, except those that have been designated classes in which confidential information is likely to be discussed;
• Religious Accommodation – where a class is scheduled on a day of observance; and
• Extended absence due to serious medical emergency or other exigent circumstance.

Limited Student Use

Students are not authorized to copy, download, or disseminate authorized recordings to others. The making or dissemination of such recordings can violate federal, state, or other laws that restrict the involuntary recording of conversations.

Faculty Requests

Professors who do not make classroom recordings generally available may wish to make such recordings available for bad weather, religious holidays, scheduling a make-up class for a time at which a number of students have previous commitments, or other reasons. The Audio-Visual Department will tape classes at the request of faculty members.

Reasonable advance notice (at least 48 hours) is required in all situations.

Absences

The absence of individual students due to illness, appointments, social events, job-related situations, etc., typically does not serve as a cause for taping.