Student Conduct

Download pdf version for 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.

1. Definitions and Examples of Academic Dishonesty.

1.1 Cheating is the unauthorized use or attempted use of material, information, notes, study aids, devices, artificial intelligence (AI) systems, or communication during an academic exercise. Example of cheating include:

• • • Copying from another person or from a generative AI system or allowing others to copy work submitted for credit or a grade. This includes uploading work or submitting class assignments or exams to third party platforms and websites beyond those assigned for the class, such as commercial homework aggregators, without the proper authorization of a professor. Any use of generative AI tools must be in line with the usage policy for specific assignments as defined in the course of the syllabus and/or communicated by the course instructor.
    • Using artificial intelligence tools to generate content for assignments or exams, including but not limited to language models or code generators, without written authorization from the instructor.
    • Unauthorized collaboration on assignments or examinations.
    • Taking an examination or completing an assignment for another person or asking or allowing someone else to take an examination or complete an assignment for you, including exams taken on a home computer.
    • Submitting content generated by another person or an AI tool or any other source as solely your own work as your own, including, but not limited to, material obtained in whole or in part from commercial study or homework help websites, or content generated or altered by AI or digital paraphrasing tools without proper citation.
    • Fabricating and/or falsifying data (in whole or in part).
    • Giving assistance to acts of academic misconduct/dishonesty.
    • Altering a response on a previously graded exam or assignment and then attempting to return it for more credit or a higher grade without permission from the instructor.
    • Submitting substantial portions of a paper or assignment to more than one course for credit without permission from each instructor.
      Unauthorized use during an examination of notes, prepared answers, or any electronic devices such as cell phones, computers, smart watches, or other technologies to copy, retrieve, generate or send information.
    • Unauthorized use during an examination of notes, prepared answers, or any electronic devices such as cell phones, computers, smart watches, or other technologies to copy, retrieve, generate or send information.

1.2 Plagiarism is the act of presenting ideas, research or writing that is not your own as your own. Examples of plagiarism include:

• • • Copying another person’s or an AI tool’s actual words or images without the use of quotation marks and citations attributing the words to their source.
    • Presenting another person’s ideas or theories in your own words without acknowledging the source.
    • Failing to acknowledge collaborators on homework and laboratory assignments.
    • Internet plagiarism, including submitting downloaded term papers or parts of term papers, paraphrasing or copying information from the internet without citing the source, or “cutting & pasting” from various sources without proper attribution.
    • Unauthorized use of AI-generated content; or use of AI-generated content, whether in whole or in part, even when paraphrased, without citing the AI as the source.

1.3 Obtaining Unfair Advantage is any action taken by a student that gives that student an unfair advantage in his/her academic work over another student, or an action taken by a student through which a student attempts to gain an unfair advantage in his or her academic work over another student. Examples of obtaining unfair advantage include:

• • • Stealing, reproducing, circulating or otherwise gaining advance access to examination materials.
    • Depriving other students of access to library materials by stealing, destroying, defacing, or concealing them.
    • Retaining, using or circulating examination materials which clearly indicate that they should be returned at the end of the exam.

Intentionally obstructing or interfering with another student’s work.

1.4 Falsification of Records and Official Documents
Examples of falsification include:

• • Forging signatures of authorization.
  • Falsifying information on an official academic record.
  • Falsifying information on an official document such as a grade report, letter of permission, drop/add form, ID card, or other college document.
  • Falsifying medical documentation that has a bearing on campus access or the excuse of absences or missed examinations and assignments.

2. Methods for Promoting Academic Integrity

2.1 The CUNY Policy on Academic Integrity, and, if applicable, the college’s procedures for implementing the Policy, shall be posted to each college’s website with a link provided in the Learning Management System (LMS) shell. It is recommended that the link also be included in each course syllabus. Orientation sessions for all new faculty (full- and part-time) and students shall incorporate a discussion of academic integrity.

2.2 All college catalogs, student handbooks, faculty handbooks, and college websites shall include the CUNY Policy on Academic Integrity and, if applicable, college procedures implementing the policy and the consequences of not adhering to the Policy.

2.3 Each college shall subscribe to an electronic plagiarism detection service and shall notify students of the fact that such a service is available for use by the faculty.Colleges shall make faculty aware of the availability of such services and faculty should inform students of their use.

3. Reporting

3.1 Each college’s president shall appoint an Academic Integrity Officer in consultation with the elected faculty governance leadership. The Academic Integrity Officer shall serve as the initial contact person with faculty members when they report incidents of suspected academic dishonesty. The Academic Integrity Officer may be the college’s Student Conduct Officer, another student affairs official, an academic affairs official, or a tenured faculty member. Additional duties of the Academic Integrity Officer are described in Sections 4.1., 4.2.1., 4.2.2., 4.3 and 4.4.

3.2 A faculty member who suspects that a student has committed a violation of the CUNY Academic Integrity Policy shall review with the student the facts and circumstances of the suspected violation whenever feasible. Thereafter, a faculty member who concludes that there has been an incident of academic dishonesty sufficient to affect the student’s final course grade shall report such incident on a Faculty Report Form in substantially the same format as the sample annexed to this Policy and shall submit the Form to the college’s Academic Integrity Officer, copying his/her Department Chair.Each college shall use a uniform form throughout the college, which shall contain, at a minimum, the name of the instructor, the name of the student, the course name and number, the date of the incident, an explanation of the incident and the instructor’s contact information. All instances of academic dishonesty that are reported to the Academic Integrity Officer shall be recorded for documentation and tracking purposes.

3.3 The Academic Integrity Officer shall update the Faculty Report Form after a suspected incident has been resolved to reflect that resolution. Unless the resolution exonerates the student, as described in Section 4.4, the Academic Integrity Officer of each college shall place the Form in a confidential academic integrity file created for each student alleged to have violated the Academic Integrity Policy and shall retain each Form for the purposes of identifying repeat offenders, gathering data, and assessing and reviewing policies.Unless they exonerate the student, written decisions on academic integrity matters after adjudication also shall be placed in the student’s academic integrity file. The Academic Integrity Officer shall be responsible for maintaining students’ academic integrity files.

4. Procedures for Imposition of Sanctions

4.1 Determination on academic vs. disciplinary sanction.
The Academic Integrity Officer shall determine whether to seek a disciplinary sanction in addition to an academic sanction.In making this determination, the Academic Integrity Officer shall consult with the faculty member who initiated the case and may consult with student affairs and/or academic affairs administrators as needed. Before determining which sanction(s) to seek, the Academic Integrity Officer also shall consult the student’s confidential academic integrity file, if any, to determine whether the student has been found to have previously committed a violation of the Academic Integrity Policy, the nature of the infraction, and the sanction imposed or action taken.Prior violations include both violations at the student’s current college and violations that occurred at any other CUNY college.In making the determination on prior violations, the Academic Integrity Officer shall determine whether the student previously attended any other CUNY college and, if so, shall request and be given access to the academic integrity file, if any, at such other CUNY college.The Academic Integrity Officer should seek disciplinary sanctions only if (i) there is a substantial violation; (ii) the student has previously violated the Policy; or (iii) academic sanctions may not be imposed because the student has timely withdrawn from the applicable course.Examples of substantial violations include but are not limited to: forging a grade form or a transcript; stealing an examination from a professor or a university office; having a substitute take an examination or taking an examination for someone else; having someone else write a paper for the student or writing a paper for another student; generating entire assignments or exam responses using AI without authorization, sabotaging another student’s work through actions that prevent or impede the other student from successfully completing an assignment; and violations committed by a graduate or professional student or a student who will seek professional licensure.The college also should consider any mitigating circumstances in making this determination.

4.2 Procedures in Cases Involving Only Academic Sanctions.

4.2.1 Student Admits to the Academic Dishonesty and Does Not Contest the Academic Sanction.
If a faculty member wishes to seek only an academic sanction (i.e., a reduced grade) and students do not contest either their guilt or the particular reduced grade the faculty member has chosen, then the student shall be given the reduced grade, unless the Academic Integrity Officer decides to seek a disciplinary sanction. The reduced grade may apply to the particular assignment as to which the violation occurred or to the course grade, at the faculty member’s discretion. A reduced grade may be an “F” or another grade that is lower than the grade that the student would have earned but for the violation. The faculty member shall inform the Academic Integrity Officer of the resolution via email and the Officer shall update the applicable Faculty Report Form to reflect that resolution.

4.2.2 Student Admits to the Academic Dishonesty but Contests the Academic Sanction.
In a case where a student admits to the alleged academic dishonesty but contests the particular academic sanction imposed, the student may appeal the academic sanction through the college’s grade appeal process.The student shall be allowed, at a minimum, an opportunity to present a written position with supporting evidence. The committee reviewing the appeal shall issue a written decision explaining the justification for the academic sanction imposed.

4.2.3 Student Denies the Academic Dishonesty
In a case where a student denies the academic dishonesty, a fact-finding determination shall be made, at each college’s option, by an Academic Integrity Committee established by the College’s governance body or by the Student-Faculty Disciplinary Committee established under Article XV of the CUNY Bylaws. Each college’s Academic Integrity Committee shall adopt procedures for hearing cases. (If a college opts to use its Student-Faculty Disciplinary Committee for this purpose, that Committee shall use Article IX procedures.) These procedures, at a minimum, shall provide students with (i) written notice of the charges against them; (ii) the right to appear before the Committee; and (iii) the right to present witness statements and/or to call witnesses. Those procedures also shall provide the faculty member with the right to make an appearance before the Committee and/or present supporting documents. The Committee may request the testimony of any witness and may permit any such witness to be questioned by the student and by the administrator presenting the case. Academic Integrity Committees and Student-Faculty Disciplinary Committees, as applicable, shall issue written decisions and send copies of their decisions to the college’s Academic Integrity Officer. The Academic Integrity Officer may not serve on a college’s Academic Integrity Committee.

4.3 Procedures in Cases Involving Disciplinary Sanctions.
If the college decides to seek a disciplinary sanction, the case shall be processed under Article XV of the CUNY Bylaws.If the case is not resolved through mediation under Article XV, it shall be heard by the college’s Faculty-Student Disciplinary Committee.

If the college seeks to have both a disciplinary and an academic sanction imposed, the college shall proceed first with the disciplinary proceeding and await its outcome before addressing the academic sanction. The student’s grade shall be held in abeyance by using the PEN grade established for this purpose, pending the Committee’s action.If the Faculty-Student Disciplinary Committee finds that the alleged violation occurred, then the faculty member may reflect that finding in the student’s grade.The student may appeal the finding in accordance with Article XV procedures and/or may appeal the grade imposed by the faculty member in accordance with section 4.2.2. If the Faculty-Student Disciplinary Committee finds that the alleged violation did not occur, then no sanction of any kind may be imposed.

Where a matter proceeds to the Faculty-Student Disciplinary Committee, the Academic Integrity Officer shall promptly report its resolution to the faculty member and file a record of the resolution in the student’s confidential academic integrity file, unless, as explained below, the suspected violation was held to be unfounded.

4.4 Required Action in Cases of No Violation
If either the Academic Integrity Committee or the Faculty- Student Disciplinary Committee finds that no violation occurred, the Academic Integrity Officer shall remove all material relating to that incident from the student’s confidential academic integrity file and destroy the material.

5. Implementation
   Each college shall implement this Policy and may adopt its own more specific procedures to implement the Policy. Colleges’ procedures must be consistent with the policy and procedures described in the Policy. 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.)
   EXPLANATION Revision to the 2022 Academic Integrity Policy is necessary because the current policy does not address the advent of Artificial Intelligence and its use by students at CUNY.Preparing students to learn from and use AI responsibly and ethically is critical to the University’s mission, to ensuring academic integrity, to securing the rigor of the University’s academic programs.Further, students must become facile with the use of AI to learn effectively in today’s world and to prepare for their AI-assisted careers and lives in the future.

SECTION 15.0. PREAMBLE.

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

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

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

SECTION 15.1. CONDUCT STANDARD DEFINED. 

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

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

To review the complete Article XV by Laws of CUNY, go to https://policy.cuny.edu/bylaws/article-xv/.   

A Brief Introduction to Free Speech for the Student Community

CUNY School of Law bulletin boards are available for postings/notices related to CUNY School of Law events, student organizations, and opportunities open to the student body. Bulletin boards are reserved for the use of recognized CUNY Law student organizations, professional organizations, and CUNY Law offices, departments, and clinics.

General Guidelines

• Postings (e.g., posters, flyers, leaflets) can only be placed on designated bulletin boards. Postings placed elsewhere (e.g. walls, doors, door vision panels, elevators, pillars) will be removed and discarded.
• CUNY School of Law student organizations should ensure their postings contain the following:
  • Sponsoring group/club/organization
  • Date, time, and location of event/activity
• Bulletin Board use is governed by CUNY School of Law policies, including those outlined in the CUNY School of Law Student Handbook and CUNY’s Policy on Equal Opportunity & Nondiscrimination
• The use of the CUNY logo (and its affiliated institutions) must comply with the CUNY copyright and trademark policy

Posting Periods

• Postings for individual events should be removed the day after the event occurs by the sponsoring group/club/organization
• Postings for recurring events can be posted for the duration of the series provided all dates are indicated

Posting Regulations

• Place only one posting, per bulletin board
• Postings should be 11” x 17” or smaller. Postings larger than 11” x 17” may be allowed based on available space and at the discretion of Student Affairs
• Use push pins to post items. Push pins can be picked up at the Office of Student Affairs
• Be considerate of other postings and do not cover or remove them
• Postings that do not adhere to these guidelines will be removed and discarded

Guidance from CUNY Chancellor on ‘Our CUNY’ Initiatives, Policies, and Resources (August 2024)

 

Dear CUNY Students, Faculty and Staff,

I hope you’ve had a rejuvenating summer and are now ready for the Fall 2024 semester. As I begin my sixth academic year as Chancellor, I’m excited to welcome you back to campus.

We’re starting the semester with new developments from all corners of CUNY. We’re connecting more CUNY students to paid internship and apprenticeship opportunities. We’ve made measurable strides in our efforts to streamline the process for students to transfer from a community college to a senior college within the same major. Our enrollment continues to rebound from the effects of the pandemic and we’re coming off another strong year in fundraising to expand CUNY’s impactful faculty research enterprise.

We are returning together after a challenging year on campuses in our region and around the country. Conflict in the Middle East, and tensions within our own community, may persist. But we begin Fall 2024 more certain than ever that the best education is one that connects us as a community, where people of all backgrounds and perspectives can learn together and thrive.

Being home to one of the nation’s most diverse student populations has taught us the value of embracing our differences. We also know a lot about the qualities that unite us. Inclusion is more than just being in the same place; it is learning with and from each other to produce the kind of intellectual exchange that has put CUNY faculty and graduates at the forefront of solving some of the world’s most vexing problems.

Because real learning requires the ability to exchange ideas, even opposing ideas, with openness, curiosity and respect, we are committed to embarking on new educational initiatives that build a climate of mutual respect and inquiry and protect the rights of all students to be who they are without fear of bigotry or harassment.

New Educational Initiatives

We are expanding our ongoing anti-hate efforts with the launch of Our CUNY; Hate Divides Us, Diversity Defines Us, a student-developed campaign that celebrates who we are and provides support for creating campus environments that embrace the full breadth of CUNY’s diversity. This response comes directly from the feedback of our students on how best to address these challenging times and get through them together.

We will be conducting a systemwide campus climate survey this fall to assess students’ perceptions of issues surrounding inclusivity and experiences with discrimination. The results will be used to inform additional initiatives and programs and help CUNY to make measurable progress.

This summer, we announced the creation of a Center for Inclusive Excellence and Belonging, which will leverage systemwide resources, oversee training, strengthen reporting and bring consistency in our approach across our 25 campuses. Starting this fall we are also launching professional development opportunities and other trainings for faculty and student-facing employees, particularly on navigating difficult conversations on our campuses. Many of our schools have developed related programming, each addressing their particular culture and climate on campus.

With these efforts we want to reach across every facet of campus life, from the classroom to the music room to the laboratory, student organization and gym, because every interaction, every rehearsal or meeting or workout, is an opportunity to live our values of inclusion and respect in how we treat each other. We are taking these steps because they are an essential part of the stellar CUNY education that you deserve. Through these initiatives, we hope each of us will have a deeper understanding of, and commitment to, the value of diversity at CUNY as well as how we interact with and learn from each other.

Free Speech, the Henderson Rules & Title VI

Freedom of speech and vigorous discourse have long been cornerstones of our mission as a great public university, and I am deeply committed to protecting our community’s First Amendment right of expression. Here is a brief introduction to free speech that includes what forms of expression are protected and which aren’t under this bedrock principle.

To create environments in which people can voice their opinions and disagree but still respect each other, our community adheres to CUNY’s Rules and Regulations for the Maintenance of Public Order, known as the Henderson Rules. They are in place to ensure the safe operation of our University and its 25 campuses. We encourage everyone in our community to be familiar with them. They prohibit, for example, anyone from impeding access to educational facilities or occupying them without authorization, which by extension prohibits attempts to erect encampments on CUNY premises.

I also encourage you to stay up to date with communications from your campus leadership regarding campus rules and guidelines for public events, rallies and lawful protests. It’s important to note that restrictions may be placed on the time, place and manner of these activities. CUNY may limit the timeframe for an event so it does not interfere with a school’s core educational or administrative functions; designate specific areas for campus activities; or restrict the placement or size of signage.

I have stated this many times, but it’s worth repeating that our University does not tolerate discrimination or harassment of any kind. There is no place on our campuses for antisemitism, Islamophobia, anti-Arab, anti-Palestinian, anti-Israeli sentiment, or hate and discrimination in any form. I encourage students and employees who have been the victim of, or witness to an incident of discrimination or retaliation to report it through the University-Wide Discrimination and Retaliation Reporting Portal. I want to remind you of Title VI of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on race, color or national origin. This includes actual or perceived shared ancestry or ethnic characteristics, and citizenship or residency in a country with a dominant religion or distinct religious identity. Some examples include students of Arab, Hindu, Israeli, Jewish, Latino, Muslim, Palestinian, Sikh and/or South Asian descent, or any other faith or ancestry.

We Have Supports

The start of the school year can be stressful, and I urge students who need help coping to seek the support of counselors at the health and wellness centers on all CUNY campuses. You can find complete information by visiting the CUNY Mental Health Services webpage. Faculty and staff may reach out to CCA@YourService or call CUNY’s confidential employee assistance program provider at 800-833-8707.

In a richly diverse community like ours, we don’t all share the same views or identity, but we should have a set of shared values and must have a commitment to one another. We have so much to learn from each other. Let’s embrace those opportunities and grow together — as individuals and as a community. Thank you for all you bring to our great University. I wish you a successful and safe semester and academic year.

Sincerely,

Félix V. Matos Rodríguez
Chancellor

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

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

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

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

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

If you have experienced discrimination, discriminatory retaliation or sex-based misconduct, please contact the law school’s Chief Diversity Officer/Title IX Coordinator, Michael J. Valente, Esq. You may view his contact information and relevant policies on the law school’s Office of Equal Opportunity & Diversity website.

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

Rules for Maintenance Of Public Order

The tradition of the University as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of that sanctuary lies in the protection of intellectual freedom: the rights of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can nourish only in an atmosphere of mutual respect, civility, and trust among teachers and students, only when members of the University community are willing to accept self-restraint and reciprocity as the condition upon which they share in its intellectual autonomy.

Academic freedom and the sanctuary of the University campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom to political ends, or who violate the norms of conduct established to protect that freedom. Against such offenders the University has the right, and indeed the obligation, to defend itself. We accordingly announce the following rules and regulations to be in effect at each of our colleges which are to be administered in accordance with the requirements of due process as provided in the Bylaws of the Board of Higher Education.

With respect to enforcement of these rules and regulations we note that the Bylaws of the Board of Higher Education provide that:

“THE PRESIDENT. The president, with respect to his education unit, shall:

1. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction;
2. Be the advisor and executive agent of the Board and of his respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the Bylaws, resolutions, and policies of the Board, the lawful resolutions of the several faculties;
3. Exercise general superintendence over the concerns, officers, employees, and students of his educational unit.”

1. RULES

1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he interfere with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.
2. Individuals are liable for failure to comply with lawful directions issued by representatives of the University/college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
3. Unauthorized occupancy of University/college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation, and use of University/college equipment and/or supplies.
4. Theft from, or damage to University/college premises or property, or theft of or damage to property of any person on University/college premises is prohibited.
5. Each member of the academic community or an invited guest has the right to advocate his position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.
6. Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the University/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of the rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.
7. Disorderly or indecent conduct on University/college-owned or controlled property is prohibited.
8. No individual shall have in his possession a rifle, shotgun, or firearm or knowingly have in his possession any other dangerous instruments or material that can be used to inflict bodily harm on an individual or damage upon a building or the grounds of the University/college without the written authorization of such educational institution. Nor shall any individual have in his possession any other instrument or material which can be used and is intended to inflict bodily harm on any individual or damage upon a building or the grounds of the University/college.
9. Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
10. The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by University students or employees on University/college premises, or as part of any University/college activities is prohibited. Employees of the University must also notify the College Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction.
11. The unlawful possession, use, or distribution of alcohol by students or employees on University/college premises or as part of any University/college activities is prohibited.

2. PENALTIES

1. Any student engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsions, ejection, and/or arrest by the civil authorities.
2. Any tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of The City University of New York or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and, for engaging in any manner in conduct prohibited under substantive rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. A tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be entitled to be treated in accordance with applicable provisions of the Education Law, or the Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.
3. Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under substantive Rules
   1-11. shall be subject to ejection, and/or arrest by the civil authorities.
4. Any organization which authorized the conduct prohibited under substantive rules 1-11 shall have its permission to operate on campus rescinded.

Penalties 1-4 shall be in addition to any other penalty provided by law or The City University Trustees.

APPENDIX

SANCTIONS DEFINED:

A. Admonition.
An oral statement to the offender that he has violated university rules.

B. Warning.
Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may cause far more severe disciplinary action.

C. Censure.
Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any University regulation within a period stated in the letter of reprimand.

D. Disciplinary Probation.
Exclusion from participation in privileges or extracurricular University activities as set forth in the notice of disciplinary probation for a specified period of time.

E. Restitution.
Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

F. Suspension.
Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.

G. Expulsion.
Termination of student status for an indefinite period. The conditions of readmission, if any is permitted, shall be stated in the order of expulsion.

H. Complaint to Civil Authorities.

I. Ejection.

Adopted by the Board of Trustees of the City University of New York on June 23, 1969 as amended on October 27, 1980, May 22, 1989 and June 25, 1990.

CUNY Policy on Drugs and Alcohol

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

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

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

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

CUNY STANDARDS OF CONDUCT

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

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

CUNY SANCTIONS

STUDENTS

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

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

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

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

EMPLOYEES

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

RESPONSIBILITIES OF CUNY COLLEGES/UNITS

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

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

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

CUNY Policy and Prohibition of Smoking

Smoking is prohibited inside all facilities owned, leased, or operated by the City University of New York.

Drugs, Alcohol, and Tobacco Use

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.

Gifts to Faculty and Staff

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.

Recording Device Policy

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

Authorized Recording

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

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

Limited Student Use

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

Faculty Requests

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

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

Absences

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