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
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.”
- “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.”
- “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.”
- “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.
Rules and Regulations for the Maintenance of Public Order Pursuant to Article 129-A of the Educational Law
The tradition of the University as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of that sanctuary lies in the protection of intellectual freedom: the rights of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can 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:
a. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction;
b. Be the advisor and executive agent of the Board and of his respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the Bylaws, resolutions, and policies of the Board, the lawful resolutions of the several faculties;
c. Exercise general superintendence over the concerns, officers, employees, and students of his educational unit.”
- 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.
- Individuals are liable for failure to comply with lawful directions issued by representatives of the University/college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
- Unauthorized occupancy of University/college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation, and use of University/college equipment and/or supplies.
- Theft from, or damage to University/college premises or property, or theft of or damage to property of any person on University/college premises is prohibited.
- Each member of the academic community or an invited guest has the right to advocate his position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.
- Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the University/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of 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.
- Disorderly or indecent conduct on University/college-owned or controlled property is prohibited.
- 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.
- Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
- The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by University students or employees on University/college premises, or as part of any University/college activities is prohibited. Employees of the University must also notify the College Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction.
- The unlawful possession, use, or distribution of alcohol by students or employees on University/college premises or as part of any University/college activities is prohibited.
- Any student engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsions, ejection, and/or arrest by the civil authorities.
- Any tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of The City University of New York or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and, for engaging in any manner in conduct prohibited under substantive rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. A tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be entitled to be treated in accordance with applicable provisions of the Education Law, or the Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.
- Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to ejection, and/or arrest by the civil authorities.
- Any organization which 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.
An oral statement to the offender that he has violated university rules.
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.
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.
Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
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.
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.
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
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.
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.
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.
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
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 of Recommended Sanctions
Signature of Faculty Member:
Resolution of the Case after Adjudication
Signature of Academic Integrity Officer:
Equal Opportunity, Diversity, and Public Safety Policies
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.
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).
This Policy prohibits Sexual Misconduct at The City University of New York (“CUNY”). In addition to defining what constitutes Sexual Misconduct and explaining the resources available to those affected by Sexual Misconduct, this Policy details CUNY’s procedures for investigating and adjudicating allegations of Sexual Misconduct. CUNY’s process for addressing allegations of Sexual Misconduct is based on federal, state and local laws, including Title IX, the federal law that prohibits sex discrimination in education and New York State’s Education Law Article 129-B, also known as the “Enough is Enough” law. Each time there is a change in the law, CUNY must review and revise this Policy.
In May 2020, the United States Department of Education (“USDOE”) issued regulations that significantly limited the behavior that constitutes sexual harassment prohibited by Title IX—this behavior is now referred to as Title IX Sexual Harassment.
Title IX Sexual Harassment is defined by the USDOE to mean conduct on the basis of sex that occurs in CUNY’s education program or activity against a person in the United States and that satisfies one or more of the following: (1) a CUNY employee conditioning the provision of an aid, benefit, or service of CUNY on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CUNY’s education program or activity; or (3) Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this Policy.
The regulations mandate a specific procedure for the investigation, resolution and adjudication of allegations of Title IX Sexual Harassment (“Title IX grievance procedure”). The regulations state that educational institutions may still prohibit sexual misconduct that falls outside of the narrow definition of Title IX Sexual Harassment and CUNY will continue to prohibit, investigate and adjudicate such conduct – for example, conduct that has a reasonable connection to CUNY but occurs outside of CUNY’s education program or activity, conduct that occurs outside the United States or unwelcome physical or verbal conduct of a sexual nature that does not meet the severe, pervasive and objectively offensive standard.
This Policy uses Sexual Misconduct as an umbrella term that covers all conduct prohibited by the Policy– regardless of whether that conduct meets the Title IX Sexual Harassment definition or not. Sexual Misconduct that falls outside the scope of Title IX Sexual Harassment will be referred to as a Non-Title IX Sexual Misconduct matter.
While the regulations specify a strict and complex Title IX grievance procedure for Title IX Sexual Harassment matters, those procedures are not required when Sexual Misconduct falls outside the scope of Title IX and CUNY determined that it would not use the Title IX grievance procedure for Non-Title IX Sexual Misconduct matters. Therefore, to ensure compliance with Title IX, as now interpreted, as well as other federal, state and local laws, this Policy provides two different sets of procedures: Title IX Sexual Harassment matters will follow the Title IX grievance procedure required by the regulations and Non-Title IX Sexual Misconduct matters will follow a different process that largely mirrors the CUNY investigation and adjudication process that existed under previous versions of this Policy, with a few changes and updates.
I. Policy on Equal Opportunity and Non-Discrimination
The City University of New York (“University” or “CUNY”), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.
It is the policy of the University—applicable to all colleges and units— 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.
It is also the University’s policy to 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.
This Policy also prohibits retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination complaint.
Prohibited Conduct Defined
Discrimination is treating an individual differently or less favorably because of his or her protected characteristics—such as race, color, religion, sex, gender, national origin, or any of the other bases prohibited by this Policy.
Harassment is a form of discrimination that consists of unwelcome conduct based on a protected characteristic that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment. Such conduct can be spoken, written, visual, and/or physical. This policy covers prohibited harassment based on all protected characteristics other than sex. Sex-based harassment and sexual violence are covered by CUNY’s Policy on Sexual Misconduct.
II. Discrimination and Retaliation Complaints
The City University of New York is committed to addressing discrimination and retaliation complaints promptly, consistently and fairly. There shall be a Chief Diversity Officer at every college or unit of the University, who shall be responsible for, among other things, addressing discrimination and retaliation complaints under this Policy. There shall be procedures for making and investigating such complaints, which shall be applicable at each unit of the University.
III. Academic Freedom
This policy shall not be interpreted so as to constitute interference with academic freedom.
IV. Responsibility for Compliance
The President of each college of the University, the CUNY Executive Vice Chancellor and Chief Operating Officer, and the Deans of the Law School, Graduate School of Journalism, School of Public Health and School of Professional Studies and Macaulay Honors College, have ultimate responsibility for overseeing compliance with these policies at their respective units of the University. In addition, each vice president, dean, director, or other person with managerial responsibility, including department chairpersons and executive officers, must promptly consult with the Chief Diversity Officer at his or her college or unit if he or she becomes aware of conduct or allegations of conduct that may violate this policy. All members of the University community are required to cooperate in any investigation of a discrimination or retaliation complaint.
 As a public university system, CUNY adheres to federal, state and city laws and regulations regarding non-discrimination and affirmative action. Should any federal, state or city law or regulation be adopted that prohibits discrimination based on grounds or characteristics not included in this Policy, discrimination on those additional bases will also be prohibited by this Policy.
***Part of Policies and Procedures adopted and approved effective November 27, 2012, Cal.No.4; and revised policy amended and adopted December 1, 2014, Cal. No. C., with effective date of January 1, 2015; Cal. Item C.***
Some Relevant Laws Concerning Non-discrimination and Equal Opportunity
Section 1324b of the Immigration and Nationality Act prohibits employers from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices or “document abuse” relating to the employment eligibility verification or Form I-9 process. Document abuse prohibited by the statute includes improperly requesting that an employee produce more documents than required by the I-9 form, or a particular document, such as a “green card”, to establish the employee’s identity and employment authorization; improperly rejecting documents that reasonably appear to be genuine during the I-9 process; and improperly treating groups of applicants differently when completing the I-9 form.
Executive Order 11246, as amended, prohibits discrimination in employment by all institutions with federal contracts and requires affirmative action to ensure equal employment opportunities.
Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other terms, conditions, and privileges of employment) on the basis of race, color, religion, national origin, or sex.
Title VI of the Civil Rights Act of 1964 prohibits discrimination or the denial of benefits because of race, color, or national origin in any program or activity receiving federal financial assistance.
Equal Pay Act of 1963, as amended, requires that men and women performing substantially equal jobs in the same workplace receive equal pay.
Title IX of the Education Amendments of 1972 prohibits discrimination or the denial of benefits based on sex in any educational program or activity receiving federal financial assistance.
Age Discrimination in Employment Act, as amended, prohibits discrimination against individuals who are age 40 or older.
Section 504 of the Rehabilitation Act of 1973 defines and forbids acts of discrimination against qualified individuals with disabilities in employment and in the operation of programs and activities receiving federal financial assistance.
Section 503 of the Rehabilitation Act of 1973 requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.
Vietnam Era Veterans’ Readjustment Act of 1974, as amended, requires government contractors and subcontractors to take affirmative action to employ and advance in employment disabled and other protected veterans.
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, prohibits employment discrimination based on military status and requires reemployment following military service in some circumstances.
Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability.
Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information.
New York City Human Rights Law prohibits discrimination based on age (18 and older), race, creed, color, national origin, gender (including gender identity and expression), disability, marital status, partnership status, sexual orientation, alienage or citizenship status, arrest or conviction record, unemployment status, or status of an individual as a victim of domestic violence, sex offenses or stalking.
New York City Workplace Religious Freedom Act requires an employer to make accommodation for an employee’s religious needs.
New York State Education Law Section 224-a requires institutions of higher education to make accommodations for students who are unable to attend classes or take examinations due to their religious beliefs.
New York State Human Rights Law prohibits discrimination based on race, creed, color, national origin, sexual orientation, military status, sex, age (18 and older), marital status, domestic violence victim status, disability, predisposing genetic characteristics or prior arrest or conviction record.
New York City Pregnant Workers Fairness Act provides that employers provide pregnant employees with reasonable accommodations for the employee’s pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
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.
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 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.
 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.
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.
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
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 Gender-Based Violence and the Workplace
I. Policy Statement.
The City University of New York (the “University” or “CUNY”) disapproves of violence in any form, whether as an act of workplace violence or in any employee’s personal life.
Domestic violence and other forms of gender-based violence permeate the lives of and harm thousands of New Yorkers each day, with tragic, destructive, and often fatal results. The impacts of such violence are felt in the workplace, regardless of where the incidents take place, and have the potential to compromise the safety of victims, co-workers, and students, while resulting in lost productivity, increased health care costs, absenteeism, and employee turnover. Employers have both a moral and legal obligation to their employees who may be a victim of domestic or gender-based violence.
New York State law recognizes that domestic and gender-based violence occurs within a wide spectrum of relationships, therefore CUNY will take every appropriate measure to prevent and/or address domestic and gender-based violence as it impacts the workplace, while also recognizing the rights of victims to self-determination and the need to respond in a survivor-centered, trauma-informed, and culturally responsive manner. All valid orders of protection shall be enforced by CUNY and all protections of this policy shall apply. This policy shall apply to all victims of gender-based violence, regardless of where such incidents took place.
The University, to the fullest extent possible, without violating any existing rules, regulations, statutory requirements, contractual obligations, or collective bargaining agreements, hereby designates and directs appropriate management, supervisory, and/or human resources staff to implement the following Gender-Based Violence and the Workplace Policy (the “Policy”) covering the following areas:
Violations of Policy
a. Any employee who would like to report any alleged violations of this Policy may do so by contacting OPDV, their College Director of Human Resources, or the NYS Inspector General’s Office by calling the toll-free hotline at 1-800-367-4448 where trained staff will discuss the specifics of your complaint.
b. For reports of workplace discrimination or retaliation, an employee may contact their College Chief Diversity Officer or enter a report via CUNY’s centralized reporting system (https://www.cuny.edu/discrimination-and-retaliation-report- form/) or by contacting the New York State Inspector General’s Office for Employee Relations (https://ig.ny.gov/form/complaint-form-long). This includes complaints related to denials of reasonable accommodations.
POLICY ON REPORTING OF ALLEGED MISCONDUCT
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
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.
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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
II. Use of Facilities
1. Categories and Priority of Users
First priority for use of rooms in the Facility shall be given to CUNY Law departments, divisions, programs and offices for curricular, administrative and other college purposes. Thereafter, priority shall be in the order set forth below. CUNY Law is not required to make its facilities available to users who fall into the commercial, partisan political, or other users category, but shall permit use under the categories specified.
a) Users affiliated with the college, including:
(i) Recognized student organizations,
(ii) Academic or professional organizations made up of persons on the college staff, provided each such organization is open to all members of the staff of such rank or ranks as are admitted to membership,
(iii) Other recognized organizations drawing membership without restriction from the membership of the college staff, or
(iv) Auxiliary enterprise corporations, college associations, child-care centers, arts centers, foundations and alumni associations.
b) Sister colleges of the University.
c) Other academic or professional organizations.
d) Government agencies and non-profit organizations of an educational, scientific, cultural, social, civic, religious, or similar nature.
e) Commercial, partisan political and other users.
Users in each category shall be treated on a uniform basis. Use by union organizations shall be governed by the applicable collective bargaining agreement with the University.
2. Denial of Use
The Law School shall deny use to:
a) Users who refuse to employ at their event the security personnel required by the Law School.
b) Users who previously submitted a false application or that have previously violated the terms of a use agreement.
c) Users who plan to use the facilities in a manner that obstructs or disrupts operations, interferes with freedom of movement on campus, exposes persons or property to safety hazards or risk of injury, or is unlawful.
Any individual whose presence in the Building at any time shall, in the reasonable judgment of the Director of Public Safety, be prejudicial to the safety, security of the Building may be denied access to the Building or may be removed from the Building. Any person who fails to comply with any lawful directive of public safety or administrative personnel may be denied access or removed from the Building.
Fees for the use of the facilities shall be established by the School of Law. The School reserves the right to vary the fee for a particular facility based on the category of user. Additional services, such as extra housekeeping, security, catering, technicians, or equipment, shall be charged to the user at cost. The amount charged to affiliated users and sister colleges should not exceed the host college’s direct costs for use of the facility. If the affiliated user or sister college is co-sponsoring an event with one or more outside organizations, the amount charged should be limited to that which may be apportioned to the outside organizations and which the host college would charge if it were the co-sponsoring college. The use of CUNY Law facilities may be subject to reasonable time, place and manner restrictions.
Applications for use of the facilities shall be on a form provided by the School of Law. Use shall comply with all applicable University and college rules and policies, and applicable local, state and federal laws. All facility users shall: assume full responsibility for any loss, damage or claims arising out of their use of the facility; Pay the appropriate use fee and other charges for the use of the facility and related services and Indemnify, defend, and hold harmless the University, the Law School, the Dormitory Authority of the State of New York, the State of New York, the City of New York and the appropriate University related entity (where applicable), as well as their officers and employees, from any liability arising out of the actions of the user, its agents, employees and invitees, incidental to the use of the facility by the user. Users may be required to provide evidence of appropriate and adequate insurance protection covering property damage, personal injury, or death arising out of the use of the facility. The chief administrative officer of the college may waive this requirement for government agencies and not-for-profit users upon a determination that there is minimal risk exposure to the college from the event
III. Supervision of Use
The use and scheduling of facilities shall be under the control and supervision of the Associate Dean for Administration and Finance, or his or her designee(s). All rooms, other than individual offices and workspaces, must be reserved through the reservation process. Rooms will be reserved on a first come, first served basis.
The Law School facility is open 24/7 for academic purposes. Events authorized in the facility must begin and end at specific and defined times, unless authorization and arrangements have been made with the Operations Department to extend the time.
Lounges and Commons Area
Lounges, small group study areas and commons areas in the facility are spaces designed for relaxation, studying or visiting and are intended for the use and enjoyment of the Law School community. These areas may not be restricted for individual or private use unless reserved through the reservations process. Recognized student organizations and University departments may apply for special use of the lounges through the reservations process.
The Law School reserves the right to require the use of a specific caterer or vendor for food and beverage service at the Facility.
Distribution and Consumption of Alcohol
Alcoholic beverages may only be consumed in designated areas.
No one entering the Building may carry or possess a firearm or other weapon unless expressly authorized to do so in writing by the Director of Public Safety.
Publications and Newspaper
Racks All magazines and newspapers must be placed in approved distribution stands. Distribution stands may be placed in designated areas only with the written approval of the Associate Dean for Administration or her/his designee. All distribution stands will be located in specifically designated locations. Outdated materials will be discarded. Materials without proper approval or improperly placed will be discarded.
Nothing in the foregoing procedures shall be construed to permit censorship of material or interference with free communication between employees and their organizations through the college or through other means or to diminish the existing right of employee organizations to distribute literature outside the college.
Materials may only be posted in designated areas approved for the posting of materials. Materials improperly placed will be discarded.
Fire Code Room Limits
Reserved space may not exceed occupancy capacity as determined by applicable fire code requirements. If an event exceeds the occupancy limit, the event coordinator will be asked to help evacuate the necessary number of people to reach the appropriate limits. If necessary, the event will be stopped until enough people leave the venue to reach appropriate levels. If this does not work, the event will be canceled.
Candles and Open Flames
Candles, incense or open flames of any kind are not permitted inside the Law School building.
Roller Blades, Skateboards, Bicycles
Roller blades, skateboards, bicycles, and similar devices are not allowed in the Law School facilities. Bicycles must be stored in authorized bike racks only.
Sidewalks, entrances, corridors and exit, shall not be obstructed or encumbered by refuse or otherwise, and sidewalks, entrances, corridors and exits shall not be used for any purpose other than ingress or egress to and from the building.
Identification cards are issued by the Law School and remain its property. ID cards must be carried at all times when in the building. Lost or stolen cards must be reported to the Department of Public Safety immediately and replaced.
Pets/Animals & Vehicles
Pets and animals of any kind are not allowed in the facilities, with the exception of service animals.
All food deliveries must be picked up at the main public safety desk located on the first floor. Restaurant employees will not be permitted to access upper floors.
All visitors must sign in at the Security desk in the main lobby. Visitors must be escorted to and from the workspace that they are visiting and sign out.
IV. Workspace Use Guidelines
Workspaces are to be utilized for legitimate business and academic activities, meetings, gatherings, and functions consistent with the recognized purpose of the departmental unit and the curricular and co-curricular mission of the Law School. It is expected that all staff and guests maintain an attitude of respect and civility and respond in a professional manner to students, staff, faculty, alumni and guests. Sleeping, overnight stays, or using the workspace as a place of residence in any way by any individual is prohibited.
Keys will be allocated to each person assigned a lockable workspace space. All keys must be returned at the end employment or upon separation from the particular department. If moving to a different workspace, the original workspace key(s) must be returned to the Public Safety Office.
A reasonable number of live houseplants may be maintained in workspaces. Plants may not be placed in common areas without authorization from the Associate Dean for Administration.
Good standards of housekeeping are expected at all times. Faculty and staff will help the custodial staff with the task of emptying trash and cleaning floors by putting trash into wastebaskets and keeping floors clear. Food items should not be left out. No occupant shall permit rubbish or garbage to be stored anywhere in or outside of their workspace.
Music must be played at reasonable levels and contained in offices or leased areas. No loud or disturbing noises or objectionable odors shall be produced upon or emanate from workspaces.
No smoking or use of any tobacco products or electronic cigarettes is permitted in the Building or within 25 feet of any entrance to the Building.
Appliances, including refrigerators, freezers, and microwaves are permitted in authorized areas only. Cooking appliances, such as hot plates and coffee makers, and space heaters are not permitted. No one shall permit or keep any inflammable, combustible, or explosive material, chemical or substance in their workspace.
Loss of Valuables
Individuals must take every reasonable precaution to protect him or her from loss or damage of valuables. Do not store valuable personal possessions in your workspace. The Law School shall accept no responsibility for the theft or loss of monies, furnishings, equipment, supplies, valuables, or other effects owned or in the possession of an employee or guests thereof.
The Law School building is a “green” building that has achieved Gold LEED certification. Access to natural light and views greatly enhances the building’s environmental friendliness and livability for all members of the Law School community. Because they take natural light and views from staff and students, coverings of any kind on the glass walls of perimeter offices are prohibited. Please conserve energy and use the recycling bins.
Physical Alterations to Your Workspace
Generally, altering or penetrating the floor, walls, ceilings, and doors is not permitted. Furniture, shelving, equipment, or items may not be attached to the walls, ceilings, or floors, doors or partitions without written permission of the Associate Dean or designee.
No additional furnishings, including sofas, bookcases, or tables may be put into workspaces.
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.
- 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.
- 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.
- 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.
- 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.
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.
Student Affairs Office
CUNY School of Law
2 Court Square
Long Island City, NY 11101-4356
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:
- WCBS 880 AM: http://newyork.cbslocal.com/station/wcbs-880/
- WINS 1010 AM: http://newyork.cbslocal.com/station/1010-wins/
- 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.
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.
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)
The Student Records Access Policy of the Board of Trustees of The City University of New York (CUNY) provides that the University and its colleges shall be in full compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S. §1232g, and its implementing regulations, 34 CRF Part 99.
Under FERPA, students generally have the right to review their education records and must consent in writing before certain personally identifiable information is disclosed to third parties. These guidelines contain information about these requirements and important exceptions, as well as definitions, procedures, and the annual notification of student rights.
II. Student’s Right to Review Education Records
A. Procedures for Review and Inspection
B. Records Not Subject to Mandatory Access
C. Procedures for Amending or Correcting Records
III. Disclosure of Education Records
A. Student Consent Required
B. Directory Information
C. Disclosure of Education Records without Prior Consent
D. Recordkeeping Requirements
E. Limits on Redisclosure
IV. Procedural Requirements
A. Annual Notification of Rights
B. Appeal Rights
A. Notification of Student Rights Concerning Education Records and Directory Information (required annual notice)
B. FERPA Release Form (for students who want records disclosed)
C. Directory Information Non-Disclosure Form (for students who wish to object to the disclosure of directory information)
D. College Denial of Appeal for Access to Records
E. Student Appeal Form
I. DEFINITIONS used in this Guidance and attachments:
A. Student. A current or former student at a college, including a student in an on-line course or program, who has actually attended a class. An applicant is not a Student until the applicant has begun attending class at a college or other CUNY program. An individual who is a Student at one CUNY college is not a Student at another CUNY college unless he or she also attends classes at that other college. An individual remains a Student while working under a work-study program.
B. Directory Information. Directory information is information in a student’s education record not generally considered harmful or an invasion of privacy under FERPA. It may be disclosed to others without a student’s prior written consent, subject to certain exceptions. Information that is considered directory information at CUNY are listed in section III.B, below.
C. Education Records. Data or information which directly relates to a student and is maintained by a college or the University Central Office. Education Records may be created or recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. Information about a student that is maintained by an educational institution in a computer data base is part of a student’s education record and thus protected by FERPA. Unless an exception applies, access to such information is limited to individuals who are School Officials with a legitimate educational interest in the information. Exceptions to the term Education Record are discussed below.
D. Personally identifiable information (PII). Information that makes an education record “personally identifiable” to a particular student, including but not limited to:
a. The student’s name or preferred name
b. The name of the student’s parent or other family member
c. The address of the student or other family member.
d. Personal identifiers, such as the student’s social security number or biometric record1
e. Other indirect identifiers, such as the student’s date of birth, place of birth, or mother’s maiden name
f. Other information that, alone or in combination, is linked or linkable to a specific student, and which would allow a reasonable person in the school community to identify the student
g. Information requested by a person who the college reasonably believes knows the identity of the student to whom the education record relates.
E. School Official. A person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement and health services staff); a person or company with whom the college or University has contracted as its agent to provide a service instead of using University employees or officials; a student serving on an official college or University-wide committee, such as a disciplinary committee; or an individual assisting another School Official in performing his or her tasks. Members of the Board of Trustees are also School Officials. A contractor, consultant, volunteer or other party (collectively “contractor”) to whom a college or the University has outsourced institutional services or functions may be a School Official so long as the contractor is performing services that would otherwise be performed by employees, is under the direct control of the college or the University with respect to the use and maintenance of education records, and is subject to the requirements on use and re-disclosure of PII set out below. The State Comptroller, and his or her agents and representatives, are also School Officials for the purposes of auditing CUNY’s educational programs.
F. Legitimate Educational Interest. A School Official has a legitimate educational interest in obtaining access to a particular record if access is reasonably necessary in order to fulfill his or her professional responsibilities for the college or University
G. FERPA Appeals Officer. College official or employee designated by the President to hear student appeals from denials of access to records, requests to correct records, or other rights under FERPA.
H. General Counsel and Vice Chancellor for Legal Affairs. The General Counsel and Vice Chancellor for Legal Affairs (“General Counsel”) is charged with hearing appeals concerning failures by any college to comply with FERPA. The Office of the General Counsel and Vice Chancellor for Legal Affairs (“OGC”) is also responsible for issuing advisory memoranda on FERPA.
II. STUDENT’S RIGHT TO REVIEW EDUCATION RECORDS. A student generally has the right to review his or her own education records.
A. Procedures for Review and Inspection.
1. A college must permit a student to inspect and review his/her education records within 45 days of the college’s receipt of a request for access, subject to the exceptions below. Such request shall be made to the college’s Registrar. Although an initial request may be oral, the college should require the student to put the request in writing and identify the records the student wishes to inspect. A school official may be present when the student inspects and reviews education records; this is advisable if the student is inspecting original records. FERPA provides a right to inspect and review; it generally does not require the college to provide copies of records to the student or to allow the student to make copies on their own electronic device.
2. If the request is denied or not responded to within 45 days of receipt, the student may appeal to the College’s FERPA Appeals Officer. The appeal must be in writing and should identify the particular records to which access was requested, the date of the original request for access, the person to whom the request was made, and the reasons why the student believes that the student has a right of access to the record. The FERPA Appeals Officer should render a decision on the appeal no later than 30 days after receipt of the appeal. Denial of an appeal for access must be in writing and contain the reasons for the denial and a statement that the student has a further right to appeal. Attachment D is a suggested form for a college’s denial of an appeal. The student who wishes to appeal must, within 30 days, send the appeal to OGC at 205 East 42nd Street, 11th Floor, New York, New York, 10017. Attachment E is a suggested form for a student’s appeal.
B. Records Not Subject to Mandatory Access. A student has no right to review, and the College need not permit inspection of, the following types of records. (Please note that other laws, such as state medical privacy laws or the New York State Freedom of Information Law (FOIL), may relate to some of these categories).
1. Confidential letters and confidential statements of recommendations placed in the education records before 1975, or after January 1, 1975, if the student (1) has waived the right to inspect and review those letters and statements, and (2) those letters and statements are related to the student’s (a) admission to an educational institution, (b) application for employment, or (c) receipt of an honor or honorary recognition; and (3) the waiver is not required as a condition of admission to or receipt of another service or benefit from the college.
2. Financial records of the student’s parents, and any information those records contain.
3. Records that are in the sole possession of the maker, are used as a personal memory aid and are not accessible or revealed to another person except a temporary substitute for the maker of the record.
4. Records maintained on behalf of a college by its law enforcement unit (i.e. Public Safety Department or equivalent), or by a contract guard service, provided that such records are: (1) created and maintained by the law enforcement unit; and (2) created for a law enforcement purpose. This law enforcement unit exception does not apply to copies of law enforcement unit records in the possession of another office within the college or to records created and maintained by the law enforcement unit exclusively for a non-law enforcement purpose.
5. Employment records of a college employee who is also a student provided that: (a) such records are normally maintained by the college; (b) such records relate exclusively to the individual’s employment; (c) such records are used only for employment purposes; and (d) such employment is not the result of student status (e.g., work study, graduate assistants).
6. Records made by a health care provider—a physician, psychiatrist, psychologist, or other recognized professional/paraprofessional acting or assisting in his or her professional or paraprofessional capacity, which: (a) are created, maintained, or used only in connection with the provision of treatment of the student, and (b) are not disclosed to anyone other than the individuals providing the treatment.
7. Records which pertain to a student but were generated after the student is no longer in attendance and not directly related to attendance as a student (for example, alumni records created after the student’s graduation.)
8. Grades on peer-graded papers before they are recorded by a teacher.
9. Any other record, which, pursuant to any other law or regulation, is privileged, or which is otherwise inaccessible to the student.
C. Procedures for Amending or Correcting Records.
1. If a student believes that his/her education records contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy, he or she may ask the college to amend the record. The college shall decide whether to amend within a reasonable time after receiving the request. If the college denies the student’s request, it shall inform the student of its decision and of the student’s right to appeal to the FERPA Appeals Officer. A student may not contest the assignment of a grade through this procedure, but may contest whether the assigned grade was recorded accurately.
2. The FERPA Appeals Officer shall hold a hearing within a reasonable time after receipt of the appeal; reasonable notice of the date, time and place of the hearing shall be given to the student. The student shall be given a full and fair opportunity to present relevant evidence. The student may be assisted or represented by one or more individuals of his/her choice. The decision must be based solely on the evidence presented at the hearing. The FERPA Appeals Officer shall within a reasonable time after the hearing issue a decision in writing and include a summary of the evidence and the reasons for the decision
3. If as a result of the hearing, the FERPA Appeals Officer decides that the information is inaccurate, misleading or otherwise in violation of the student’s privacy rights, the college shall: (a) amend the record accordingly; and (b) inform the student of the amendment in writing. If, on the other hand, the college decides that the information is correct and not in violation of the student’s privacy rights, it shall inform the student of his/her right to place a statement in the record commenting on the contested information or stating why he or she disagrees with the decision of the college. If a statement is placed in the education records of the student, the college shall maintain the statement with the contested part of the record for as long as the record is maintained and disclose the statement whenever it discloses the portion of the record to which the statement relates.
III. DISCLOSURE OF EDUCATION RECORDS
A. Student Consent Required. A student’s written consent is required to disclose personally identifiable information (PII) contained in education records to someone other than the student, unless the information disclosed is Directory Information (Section III.B) or another specific exception (including the exemption for disclosure to School Officials) applies (Section III.C).
1. The consent must be signed and must: (1) specify the records that may be disclosed; (2) state the purpose of the disclosure; and (3) identify the party or class of parties to whom the disclosure may be made. Attachment B is a FERPA Release Form that complies with these requirements.
2. Students and alumni requesting disclosures must provide proof of identity.
B. Directory Information. A college may disclose “directory information” to someone other than the student without a student’s written consent. One of the primary purposes of directory information is to allow the college to include this type of information from the student’s education records in certain school publications, such as on-line directories, yearbooks, Dean’s list and other recognition lists, commencement programs, and sports activity materials.
1. Directory information consists of a student’s:
b. Address (to limited recipients set forth below)*
c. Email address (to limited recipients set forth below)*
d. Telephone number (to limited recipients set forth below)*
e. Attendance dates (semesters and sessions, not daily records)
f. Photograph g.
8-digit student ID number (but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity)
h. Enrollment status (full or part-time, undergraduate or graduate, etc.)
i. Level of education (credits completed)
j. Degree enrolled for and major field of study
k. Participation in officially recognized activities and sports (teams)
l. For members of athletic teams only, height and weight m. Degrees, honors and awards received.
*Address, email address and telephone number may be released only to employees of the University and its constituent colleges for the purpose of conducting legitimate University business. They may not be shared with individuals and organizations outside the University.
2. Directory information does not include a student’s social security number, race, ethnicity, gender or immigration status.
3. Each college must notify its students about directory information and allow them to request that the college not disclose such information. A student may request that directory information not be released without prior written consent by completing a form to be made available on the college’s web site as well as in the Registrar’s office of each college during regular business hours. Attachment C is a Directory Information Non-Disclosure Form. Students may not block release of their names, identifiers, or email addresses in classes in which the students are enrolled, and may not refuse to display student ID cards or badges.
C. Disclosure of Education Records without Prior Consent. A college may (and sometimes must) disclose personally identifiable information from an education record of a student without prior consent under the following circumstances:
1. Health and Safety Emergencies. The disclosure is to appropriate parties (including the student’s parents) in an emergency if the information is necessary to protect the health or safety of the student or other individuals. This exception applies where a college, taking into account the totality of the circumstances, is able to articulate a significant threat to the health or safety of a student or other individual and discloses information to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. OGC should be consulted, if possible, prior to the release of information under this emergency provision.
2. To School Officials. The disclosure is to a School Official, as defined above, who has a legitimate educational interest in the record. The College must use reasonable methods to ensure that School Officials have access only to those records in which they have legitimate educational interest. A legitimate educational interest includes the need for one college to access student records maintained by another college in connection with the investigation or potential discipline of the student for alleged misconduct.
3. Enrollment or Transfer. The disclosure is to an official or employee of another college or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer, provided that the college also gives the student written notice of such disclosure, and upon request, a copy of the record that was disclosed.2
4. Designated Governmental Authorities. The disclosure is to authorized representatives of the United States Comptroller General, Secretary of Education, or Attorney General or to State or local educational authorities, in connection with an audit or evaluation of Federal or State supported education programs or for the enforcement of or compliance with Federal legal requirements which relate to those programs.
5. Financial Aid. The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for purposes such as the determination of eligibility, amount or conditions, or enforcement of the terms and conditions of the aid.
6. Court Order or Subpoena. The disclosure is to comply with a judicial order or lawfully issued subpoena. Before complying with an order or subpoena, the college must notify the student so that the student may seek protective action and do so by mail five business days in advance of compliance, unless a shorter period has been authorized by OGC. The notice should be sent to the last known address for the student and may also be sent to the student’s last known email address.
There is an important exception to the requirement that students be notified in advance of compliance with a subpoena, if a subpoena is (a) a Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response not be disclosed; (b) any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (c) an ex parte court order obtained by the United States Attorney General or appropriate designee concerning investigations or prosecution of certain federal crimes relating to domestic or international terrorism.
7. Studies Exception. The disclosure is to an organization conducting a study for or on behalf of the college, pursuant to a written agreement, to (a) develop, validate, or administer predictive tests, (b) administer student aid programs, or (c) improve instruction, so long as the study does not permit personal identification of parents and students by those other than representatives of the organization with legitimate educational interests, and so long as the information is destroyed or returned to the educational institution after the study is over.
8. Accrediting Organizations. The disclosure is to accrediting organizations to carry out their accrediting functions.
9. Disciplinary Proceedings arising from alleged crimes of violence or nonforcible sex offenses. The final results of such proceeding may be disclosed only in these circumstances:
a. The disclosure is of the final results of a disciplinary proceeding against a student whom the college has determined violated an institutional rule or policy in connection with alleged acts that would, if proven, also constitute a crime of violence or nonforcible sex offense. Only the disciplined student’s name, the violation committed (including rules violated and essential finding of fact supporting the determination), and the sanction imposed may be disclosed. This applies only if the final results were reached after October 6, 1998. The release may not include the name of any other student, such as a victim or witness, absent that student’s consent.
b. The disclosure is of the final results of a disciplinary proceeding and made to the victim of an alleged perpetrator of a crime of violence or non-forcible sex offense, even if the institution concluded that no violation was committed.
10. To parents or guardians of financially dependent students. The disclosure is to a parent or legal guardian and the student is a dependent of the parent or legal guardian as defined in the Internal Revenue Code Section 152. A copy of the parent’s or guardian’s latest tax return may be requested as documentation.
11. Alcohol or substance use by those under 21. The disclosure is to inform a parent or legal guardian of a student under the age of 21 at the time of the disclosure that the student has committed a disciplinary violation 10 with respect to the use or possession of alcohol or a controlled substance. The determination may be made other than through a disciplinary proceeding.
12. Litigation and administrative proceedings. The disclosure is made in litigation brought by the student against CUNY, or litigation by CUNY against the student and the records are relevant to that litigation. Similar disclosures are permissible where the institution must defend itself against a complaint made by the student to a government entity or an accreditation or licensing organization.
13. Registered Sex Offenders. The disclosure concerns sex offenders or other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (Wetterling Act), 42 U.S.C . 14071, and the information was provided to the college under that statute and applicable federal guidelines.
14. Foreign Students with F or J visas. The Department of Homeland Security Office of Immigration and Customs Enforcement (“ICE”) is entitled to specified PII about foreign students with F or J visas: the student’s name, date and place of birth, country of citizenship, student identification number, physical and mailing addresses, current academic status, date of commencement of studies, degree program and field of study, course titles and grades, grade point average for each term, information about certification for practical training, statement of graduation or termination date and reason, number of credits completed each semester and the student’s I-20 ID. ICE representatives do not need a subpoena to obtain this information and notice to the student is not required. Upon request (which the college may obtain in writing), the school has three work days to respond to any request for information concerning an individual student. If the request concerns a student who is being held in custody, the college must respond orally on the same day. The college is allowed ten work days to respond to information about a class of students.
15. Students in the Foster Care System. The disclosure concerns a student who is in a foster care placement, and the disclosure is to a representative of a child welfare agency legally responsible for the care and protection of the student such as the New York City Administration for Children’s Services.
16. De-identified records and information. The disclosure is of de-identifed records and information and the College has reasonably determined that the student is not personally identifiable, taking into account other reasonably available information.
17. To Military Recruiters (Solomon Amendment). In accordance with federal law, educational institutions are required to disclose student recruitment information to U.S. military recruiters. This information consists of a student’s name, addresses, telephone listings, date and place of birth, level of education, academic major, degrees received and educational institution in which the student was most recently enrolled.
D. Recordkeeping Requirements. The Registrar’s office of each college shall maintain a record of each request for and disclosure of a student education record, other than directory information. For each disclosure, the record must include the parties who have requested and received personally identifiable information from the education records and the basis for obtaining the information, including, in the case of a health or safety emergency, the “articulable and significant threat” to health and safety of a student or other individuals.
E. Redisclosure of PII. A college may disclose PII from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the student or the college’s authorization. Personally identifiable information which is disclosed to an institution, agency or organization, however, may be used by its officers, employees and agents, but only for the purposes for which the disclosure was made. The party to whom the disclosure is made shall be informed in writing of this requirement.
IV. PROCEDURAL REQUIREMENTS.
A. Annual Notification of Rights.
1. Each college must annually inform its current students of their rights under FERPA. While this notification does not need to be made to students individually, it must be by a means likely to inform students of their rights, such as: in a schedule of classes, student handbook or calendar of school events, or posted at the Registrar’s office at the school. This notice should also be placed on the college’s web site.
2. Attachment A is a model Notification of Student Rights Concerning Education Records and Directory Information, which includes (a) a statement of the procedures for inspection and review and amendment of education records, (b) the procedure for requesting amendment of records, the criteria for determining who is a School Official, and what is a legitimate educational interest, (c) rights of appeal, and (d) directory information and how to request non-disclosure.
B. Appeal Rights.
1. A student may appeal an alleged failure by any college to comply with the 12 requirements of FERPA to the College’s FERPA Appeals Officer, and may appeal the decision of that college officer to the General Counsel within 30 days of the decision of the FERPA Appeals Officer. Attachment E is a form for appeals to OGC. It must be completed in writing and submitted with a copy of the determination of the FERPA Appeals Officer and the reasons why the student disagrees with the determination. If the FERPA Appeals Officer does not issue a decision within 30 days of an appeal or the holding of a hearing thereon, whichever is later, the student may also file with OGC.
2. The General Counsel shall render a decision no later than 30 days after the receipt of the appeal. Decisions of the General Counsel shall be submitted to the Board Committee on Student Affairs and Special Programs for its approval, and the student may submit a response.
3. Students are also entitled to file grievances about violations of FERPA with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave, SW, Washington, DC 20202-8520.
Office of the General Counsel July 2019
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.
Records Access Officer
CUNY School of Law
2 Court Square
Long Island City, NY 11101-4356
Phone: (718) 340-4310
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
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.
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
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:
- The College President or Central Office Vice President for the effected area.
- 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.
- The College Chief Information Officer or IT Director.
- University Chief Information Officer
- 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.
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?
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
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 firstname.lastname@example.org.
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
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:
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.
In addition, we have implemented procedures to safeguard the integrity of CUNY’s information technology assets, including, but not limited to, authentication, authorization, monitoring, auditing, and encryption. These security procedures have been integrated into the design, implementation, and day-to-day operations of cuny.edu as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.
For security purposes and to maintain the availability of law.cuny.edu for all users, we employ software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this website.
Links To Third-party Sites
Changes To Policy And Disclaimer
We encourage the use of law.cuny.edu as a way to share information and knowledge in support of the Law School’s mission of education, research and public service. This site is owned and operated by CUNY School of Law. Site content is subject to change without notice. While most pages are publicly accessible, certain services and information offered at law.cuny.edu may be restricted to specific users or segments of the law school’s population. Commercial use of law.cuny.edu content is prohibited without the written permission of CUNY or CUNY School of Law.
This website contains official University pages in support of the core mission of the Law School and related administrative business. This website also contains webpages generated by groups or individuals whose expressed views do not necessarily represent the views of CUNY or CUNY Law, and links to sites owned or operated by parties other than CUNY Law. These pages and links are provided for your convenience only and CUNY Law accepts no responsibility for their content. The inclusion of these pages and links does not imply the Law School endorsement of the sites’ content, products or services or, unless expressly disclosed otherwise, any sponsorship or affiliation with the sites’ owner or operator.
This website and the information continued herein is provided as a public service. CUNY Law makes no warranties, either express or implied, concerning the accuracy, completeness, timeliness, or suitability of the information contained on law.cuny.edu.
Unless otherwise indicated, all contents of cuny.edu are copyright The City University of New York, all rights reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT
CUNY complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted materials on any cuny.edu page, the designated agent to receive notification is:
Jane E. Davis
205 E. 42nd Street
New York, NY 10017
CUNY, The City University of New York, the names of CUNY colleges and schools, and all related trade names and trademarks are the property of The City University of New York. CUNY names and trademarks may not be used by unrelated third parties without specific written permission. Other trademarks, service marks, and trade names used in cuny.edu are the property of their respective owners.
No Legal Notice
Communications made through this site’s e-mail and messaging system in no way constitute legal notice to The City University of New York or any of its colleges, officers, employees, agents or representatives, with respect to any existing of potential claim or cause of action against any of them, where notice to The City University of New York is required by any federal, state or local laws, rules or regulations.
We are committed to providing a user-friendly environment for students, faculty, staff, alumni, friends, visitors and the community. Your comments are welcomed. Please send your comments to email@example.com.
Students, Student Affairs & Student Orgs
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.
We protect the right of students to pursue their legal education in an atmosphere that is free from interference and is an institution that promotes academic freedom. If a student wishes to report a significant problem that directly implicates the School’s program of legal education, they may do so using the complaint form provided at the School’s Office of Student Affairs. Persons who violate the sanctuary of the Law School, in violation of Article 129A of the Education Law or other policies of the Law School or City University, may be brought before the Faculty- Student Disciplinary Committee, pursuant to the Student Disciplinary Policy and Procedures.
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:
- To provide a forum for discussion of matters affecting the student body as a whole;
- To be an independent mechanism for unified student action and unified student voice in areas of academics, government, and political and social concerns; and
- 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.
- 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.
- 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
There shall be four Officers who altogether shall comprise the Executive Membership of the SG:
- the President;
- the Vice President;
- the Secretary; and
- the Whip.
- All Officers shall be duly elected Members of the SG.
- All Student Government officers and representatives shall carry out their duties in accordance with FERPA and section 478 of the New York Judiciary Law.
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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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
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
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
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
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
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.
- 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.
Any Member of the SG may serve on an External Committee.
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
- There shall be two general categories of meetings:(a) Sessions; and(b) meetings other than Sessions which have been convened by the SG.
- 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).
- 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
- 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.
- 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
- The presiding officer shall temporarily step down when voicing preferences regarding matters under deliberation.
- All sessions shall be open to all members of the CUNY community.
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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:
- The proposed Amendment shall be sponsored by at least one member and co-sponsored by at least two (2) other members.
- 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.
- 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.
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 (“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.
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.
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 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.
The Policy has two principal purposes. First, it is intended to encourage students to seek medical assistance related to drug and/or alcohol use without fear of being disciplined for such use. Because the use of drugs or alcohol may be life-threatening, CUNY wishes to reduce barriers to seeking and receiving medical help in those situations. Second, CUNY wishes to encourage students under the influence of drugs and/or alcohol who may be the victims of, witnesses to, or otherwise become aware of violence (including but not limited to domestic violence, dating violence, stalking, or sexual assault) or sexual harassment or gender-based harassment to report that violence or harassment. Toward that end, CUNY’s Policy is that students who seek medical assistance either for themselves or others and/or are reporting violence or harassment will not be subject to discipline under the circumstances described below.
I. Students who in good faith call for medical assistance for themselves or others and/or who receive medical assistance as a result of a call will not be disciplined for the consumption of alcohol (either if underage or if consumed in a CUNY-owned or operated residence hall or facility where alcohol consumption is prohibited) or drugs as long as there are no other violations that ordinarily would subject the student to disciplinary action. Similarly, students who may be the victims of, witnesses to, or otherwise become aware of violence or sexual harassment or gender-based harassment and who report such violence or harassment will not be disciplined for the consumption of alcohol or drugs in the absence of other violations that ordinarily would subject the student to disciplinary action. Other violations that would invoke discipline include but are not limited to (i) unlawful distribution of alcohol or drugs; (ii) sexual misconduct, as defined in CUNY’s Policy on Sexual Misconduct; (iii) causing or threatening physical harm; (iv) causing damage to property; (v) hazing.
II. The students involved will be encouraged to complete alcohol and/or drug education activities, assessment, and/or treatment, to be determined by the individual campuses or units of CUNY with which the students are affiliated. If repeated incidents of alcohol or drug use are involved, there may be issues of medical concern, which may result in parental notification, medical withdrawal, and/or other non-disciplinary responses.
III. CUNY’s Policy is intended both to implement Article 129-B of the Education Law (which mandates drug and alcohol amnesty for reporters of violence) and to complement New York State’s Good Samaritan Law, which is designed to encourage individuals to call 911 in the event of an alcohol or drug-related emergency. Generally, the Good Samaritan Law protects persons who witness or suffer from a medical emergency involving drugs or alcohol from being arrested or prosecuted for drug or underage alcohol possession after they call 911. It does not protect against arrest or prosecution for other offenses, such as the sale of drugs.
Approved by the Board of Trustees on 6/30/2014, Cal. No. 7D and effective date of 7/1/2014 as ‘Medical Amnesty-Good Samaritan Policy’. Amended and changed to ‘Drug and Alcohol Use Amnesty Policy’ on 10/1/2015. Cal. No. 6D.
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 firstname.lastname@example.org , 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.
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.
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.
The law school will not retaliate in any way against an individual who makes a complaint under this policy.
PROCEDURES FOR HANDLING STUDENT COMPLAINTS ABOUT FACULTY CONDUCT IN ACADEMIC SETTINGS
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.
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.
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.
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.
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.
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.
The absence of individual students due to illness, appointments, social events, job-related situations, etc., typically does not serve as a cause for taping.