ARTICLE VII STUDENT AFFAIRS AND SPECIAL PROGRAMS

Policy 7.01 Admission Application Fraud :

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 and may be punishable by a bar on applying for admission, suspension, and/or expulsion. The term “applications for admission” includes transfer applications. (BTM,2006,09-25,006,_A)

Materially incomplete applications include applications that fail to include all prior post-high school college level courses, regardless of whether (BTM,2006,09-25,006,_A):

a) The courses were taken at a post-secondary institution in the United States or outside the United States

b) The applicant received a degree at the post-secondary institution

c) The applicant is seeking credit for such courses

d) The applicant is changing majors/careers

2 Sanctions

2.1 Pre-Enrollment

Whenever an applicant for admission to any college of the University 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 the University 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 the University. In the event of the submission of fraudulent documents, the University 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. (BTM,2006,09-25,006,_A)

2.2 Post-Enrollment

If, after a student has completed registration or begun classes in a University 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 the University for five years. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of the University. 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 the University 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 of Trustees committee pursuant to the University Bylaws. (BTM,2006,09-25,006,_A)

2.3 Post-Graduation

If, after a student has graduated it is found that the graduate submitted a fraudulent document in support of an application for admission, then he or she shall be notified in writing. The accused graduate shall be entitled to a hearing pursuant to the University 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 the University 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 of Trustees committee pursuant to 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. (BTM,2006,09-25,006,_A)

3 Notification of the Vice Chancellor for Student Development

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. (BTM,2006,09-25,006,_A)

4 Dissemination

University officials shall publicize this policy and its penalties. Where appropriate, University officials shall share the decisions, findings and supporting evidence on specific cases with civil and criminal authorities. (BTM,2006,09-25,006,_A)

Policy 7.02 Change of Name :

Where names have been changed by court order, all transcripts of records and official statements by the colleges with respect to students or graduates of the schools shall incorporate only the official name as changed by said court order, unless otherwise specifically requested in writing. (BTM,1940,02-06,005,__)

Policy 7.021 Child-Care Services :

[T]he Board of Trustees of The City University of New York hereby affirms that the primary purpose of each child care center operating on a CUNY college campus, either as part of the college or as a separate entity, is to provide services to the dependent children of registered, matriculated college students[.]

[I]f the need for child care services by registered, matriculated college students is being met, and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to non-matriculated part-time college students, subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee[.]

[I]f the need for child care given by registered matriculated and non-matriculated students is being met and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to faculty and staff where the charges for faculty and staff children are set at market rates and subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee[.]

[I]f the need for child care given to registered matriculated and non-matriculated students and faculty and staff is being met and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to community members where the charges for community members are set at market rates and subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee.

(BTM,2011,11-28,006,_A)

Policy 7.03 Delinquent Accounts and Records :

This policy applies to students who are (BTM,2002,11-18,008,_A):

a) Delinquent and/or in default in any of their financial accounts with (BTM,2002,11-18,008,_A):

(i) The City University of New York

(ii) A University college

(iii) An appropriate State or Federal agency for which the University acts as either a disbursing or certifying agent

b) Students who have not completed exit interviews as required by the (BTM,2002,11-18,008,_A):

(i) Federal Perkins Loan Program

(ii) Federal Family Education Loan Programs

(iii) William D. Ford Federal Direct Loan Program

(iv) Nursing Student Loan Program

Students who fall under this policy are not to be permitted to (BTM,2002,11-18,008,_A):

c) Complete a registration

d) Be issued (BTM,2002,11-18,008,_A):

(i) A copy of their grades

(ii) A transcript of academic record

(iii) A certificate or degree

e) Receive funds under the Federal campus-based student assistance programs or the Federal Pell Grant Program—unless the designated officer, in exceptional hardship cases and consistent with Federal and State regulations, waives in writing the application of this regulation

Policy 7.031 Drug-Alcohol Use Amnesty :

THE CITY UNIVERSITY OF NEW YORK DRUG/ALCOHOL USE AMNESTY POLICY

The City University of New York’s (“CUNY’s”) Drug/Alcohol Use Amnesty 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.

(Board of Trustees Minutes,2014,06-30,7,D. Amended: Board of Trustees Minutes,2015,10-01,6,C)

Policy 7.04 Drug, Tobacco, and Alcohol Education :

The Board of Trustees of the City University of New York adopts the following policy on Drug, Tobacco, and Alcohol Education (BTM,1990,06-25,006,_D):

The University affirms its continuing commitment to drug, tobacco, and alcohol education on campus. the University is committed to the development and conduct of educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, whether legal or illegal. Implementation of this policy, which provides the framework for educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, is the responsibility of the individual colleges, consistent with their governance plans and established disciplinary procedures. (BTM,1990,06-25,006,_D)

Each of the individual colleges shall incorporate into its program the annual distribution to each student and employee of the standards of conduct that prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on the college’s property or as part of college activities and a statement of the sanctions for violation; a description of the applicable local, State, and Federal legal sanctions for the unlawful possession or distribution of illicit drugs and alcohol; a description of the health risks associated with the use of illicit drugs and the abuse of tobacco and alcohol; and a description of any drug, tobacco or alcohol-related counseling, treatment, rehabilitation, or re-entry programs available to students or employees. Each college shall review the effectiveness of its program at least once every two years, implementing such changes as may be necessary. (BTM,1990,06-25,006,_D)

Policy 7.041 Drugs and Alcohol :

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

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

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

1 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 possess 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.

2 Sanctions

Employees and students who violate this policy are subject to sanctions under University policies, procedures and collective bargaining agreements, as described below. Employees and students should be aware that, in addition to these CUNY sanctions, the University will contact appropriate law enforcement agencies if they believe that a violation of the policy should also be treated as a criminal matter.

3 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.

4 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.

5 Responsibilities of 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.

(Board of Trustees Minutes, 2009,06-22,7,A. Amended: Board of Trustees Minutes,2011,05-02,5,A)

Policy 7.042 Enrollment and Withdrawal Verification :

Beginning in Fall, 2009, uniform policies and procedures for verification of student enrollment be implemented to comply with Federal Title IV regulations. (BTM,2009,06-22,004,_M)

The Chancellor, after appropriate consultation within the University, shall promulgate uniform guidelines and procedures regarding verification of student enrollment and withdrawal to be implemented university-wide in order to achieve compliance with Federal Title IV regulations. (BTM,2009,06-22,004,_M)

Should Federal Title IV regulations change in the future, the Chancellor, again after appropriate consultation within the University, shall promulgate revised university-wide uniform guidelines and procedures to achieve compliance with changes in Federal Title VI regulations. (BTM,2009,06-22,004,_M)

Policy 7.05 Financial Aid and Support :

1 Undergraduate Financial Aid

The City University of New York is committed to the principle that New York City’s high school graduates should not be inhibited from seeking a higher education because they lack financial resources. As a means of fulfilling this commitment it is university policy to pursue aggressively all sources of state and federal funding that are available to provide financial aid to it students and to provide matching funds from its own resources to the fullest extent possible in order to maximize federal and state funding. (BTM,1969,09-29,011,__)

2 Graduate Tuition Waiver Fund

The Board of Trustees approved the establishment of a scholarship fund for each academic year for the benefit of needy graduate students out of income received from fees for various categories of students, principally graduate students. (BTM,1975,07-28,006,__)

The Board of Trustees determines, in principle, that if by using the City University needs formula for the nine-month academic year it is determined that a student desiring to register at the University does not have the financial resources to pursue graduate studies for which he or she is qualified, the University will provide a tuition grant or waiver adequate to enable him or her to register for graduate study, the total not in excess of the fund provided for such purpose. (BTM,1975,07-28,006,__)

The President of each college, including the University Graduate School and University Center, and the University Dean of Teacher Education, are granted authority to waive instructional and/or other fees levied on graduate students in instances other than those specifically authorized by Board of Trustees action. (BTM,1975,07-28,006,__)

The President of each individual unit of the University is required to report all fee waivers granted by him or her for each semester and session. (BTM,1975,07-28,006,__)

The distribution of waivers to students is to be made by the Graduate School and University Center and by the senior colleges in accordance with the allocations and guidelines established by the Chancellor. (BTM,1975,07-28,006,__)

The Graduate Tuition Waiver Fund is to be enhanced by additional funds for the benefit of needy foreign graduate students who do not have the financial resources to pursue graduate studies for which they are qualified. (BTM,1988,10-31,007,_A)

Policy 7.06 Health Services :

The Board of Trustees of the City University of New York requires all colleges to adopt the minimal standards set forth in the document A Model for Health Services Provision at the University: The Minimal Standards. Colleges will provide health and wellness awareness education, administer and manage the immunization program, maintain referral resources, provide a resting area, and administer first aid treatment that includes over-the-counter medication. (BTM,2000,05-22,009,_B)

The use of student activity fees to support health services shall be limited to the establishment of more comprehensive services. (BTM,2000,05-22,009,_B)

Policy 7.07 Intercollegiate Athletics :

1 Academic Eligibility Criteria

Student athletes at the senior colleges must have a minimum cumulative grade point average of 2.0 in order to be in “good academic standing” in order to participate in intercollegiate athletics. Students may participate during their first semester.

It is the responsibility of The City University of New York to ensure that the educational and extracurricular programs of the University are operated in the best interests of students. These academic standards are considered essential for the personal well-being and academic progress of students who take on the additional responsibility of student athletics. These standards are consistent with the University’s requirements for student leadership positions. The National Collegiate Athletic Association (NCAA) allows individual institutions to interpret “good academic standing.”

2 Athletic Conference

City University of New York Athletic Conference is formally established to promote the establishment, maintenance, and implementation of the highest standards of competition, interest, integrity, and efficiency in the administration of intercollegiate athletic activities within the eight member senior colleges and the five member community colleges of the City University. (BTM,1986,03-24,006,_B)

The Athletic Conference will have a board consisting of the athletic directors of the member colleges. The Athletic Conference Board, subject to and consistent with the policies of the Board of Trustees on Intercollegiate Athletics will enact rules and regulations to achieve its purposes, and to provide procedures for enforcement and discipline for violations thereof. (BTM,1986,03-24,006,_B)

The Conference will have two divisions; one for the senior colleges, and one for the community colleges. The senior colleges will be affiliated with the National Collegiate Athletic Association, Division III, and the community colleges will be affiliated with the appropriate regional section of the National Junior College Athletic Association. (BTM,1986,03-24,006,_B)

University colleges may join the Conference upon membership application. (BTM,1986,03-24,006,_B)

Sports may be added or deleted by vote of the Conference Board. The Conference will conduct championships tournaments and/or recognize championships in each sport. (BTM,1986,03-24,006,_B)

The Conference will be administered by a University Athletic Conference Director selected by the Conference Board with the approval of the Council of Presidents Subcommittee on Student Affairs and Special Programs. The Athletic Conference Director will report to the Vice Chancellor for Student Development. A Conference Advisory Committee composed of one senior college president, one community college president, one representative of the University Faculty Senate, one representative of the University Student Senate, one representative of the Office of the Vice Chancellor for Student Development, and the Athletic Conference Director, will meet periodically to provide general advice and counsel to the Conference. (BTM,1986,03-24,006,_B)

Policy 7.071 Law Enforcement Intervention :

BOARD POLICY ON LAW ENFORCEMENT INTERVENTION:

RESOLVED, That a college president, or his/her designee, shall consult with the Chancellor, or his/her designee prior to involving law enforcement agencies during a campus protest, including summoning the police, except in cases of immediate danger to personal safety or to property. In considering such action, the president, or his/her designee, shall make all possible efforts to consult with the student body president(s) and the chair of the faculty governance body. The Chancellor shall endeavor to consult with the student trustee on the president’s intent to call the police; and be it further

RESOLVED, That the Chancellor shall develop a process to be followed by the colleges and the central office prior to calling the police.

(Board of Trustees Minutes,1991,01-28,7,A)

Policy 7.08 Marketing of Credit Cards to Students :

A new state law prohibits the advertising, marketing, or merchandising of credit cards to students on college campuses except pursuant to an official credit card marketing policy. The statute was passed to address an alarming trend in which college students who lack financial management skills are solicited for credit cards on campus and incur significant credit card debt resulting in negative credit histories and sometimes bankruptcy. This policy fulfills The City University of New York’s statutory obligation to adopt an official credit card marketing policy while maintaining the ability of individual colleges to allow credit card marketing on campus under appropriate guidelines. (BTM,2005,06-27,008,_A)

Colleges shall not sell or otherwise make available student lists to credit card companies. The term “credit card companies” as used in this policy includes all financial institutions and any other issuers of credit cards. (BTM,2005,06-27,008,_A)

A college may choose to ban the advertising, marketing or merchandising of credit cards to students on its campus. This policy does not apply to student newspapers. (BTM,2005,06-27,008,_A)

No credit card company may advertise, market, or merchandise credit cards to students, unless they meet substantive criteria established by the college and pursuant to time, place and manner restrictions as are established by the college. Such criteria may include maximum interest rates, credit lines, penalties and fees. (BTM,2005,06-27,008,_A)

Colleges that wish to allow the credit card companies access to their campuses to market credit cards—tabling—may only do so under the following conditions (BTM,2005,06-27,008,_A):

a) Credit card companies shall be prohibited from using marketing tactics such as giving away gifts or other items of value to students who apply for or are granted credit cards. (BTM,2005,06-27,008,_A)

b) Credit card companies shall be prohibited from taking completed applications from students on the campus. (BTM,2005,06-27,008,_A)

Credit card and debt education should be made a regular part of campus programming, including at new student orientation programs. (BTM,2005,06-27,008,_A)

Bookstores shall be prohibited by auxiliary enterprise boards from including credit card applications and brochures with bookstore purchases. (BTM,2005,06-27,008,_A)

Policy 7.09 Medical Withdrawal and Re-Entry :

The City University of New York is committed to the academic success and personal growth of its students. As part of that commitment, the University and its constituent campuses are responsible for providing a safe learning and working environment for students, faculty, staff and other members of the University community. Some students may, because of a medical condition, engage in behavior that presents a direct threat of harm to themselves or to others, or substantially disrupts the learning or working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount. This policy does not replace or supersede reasonable and appropriate security and health and safety measures, such as calling 911 or taking other immediate action in case of imminent threat to life or limb. (BTM,2007,06-25,007,_C)

In addition to taking action to protect the security and safety of the campus community, a college may address the student’s conduct to determine if action under this policy or under the student disciplinary process is appropriate. When a student’s conduct that directly threatens or substantially disrupts the learning or working environment of others appears to relate to a medical condition, the campus may, at its option, address the student’s conduct either in accordance with this policy, or through the student disciplinary process. If the student’s conduct constitutes a threat solely to him or herself, it should be addressed under this policy rather than the disciplinary process. (BTM,2007,06-25,007,_C)

1 Primary Principles

As an alternative to disciplinary action that may be taken under Article XV of the University’s Bylaws, a college of the University may bring a proceeding to require a student to withdraw from the University, or, under some circumstances, the student’s home college and/or from residence in a college residence hall under this withdrawal policy and procedures when the student’s behavior evidences a direct threat of harm to others, or when the student’s behavior substantially disrupts the learning or working environment of others. A direct threat means a significant risk of harm to health or safety. (BTM,2007,06-25,007,_C)

A student who threatens to commit or attempts to commit suicide, and who does not otherwise threaten direct harm to others or substantially disrupt the learning or working environment of others, shall not be subject to disciplinary action for that threat or attempt under Article XV of the University’s Bylaws. If a college determines that withdrawal of the student or retention of the student subject to specified conditions is appropriate because the student’s behavior threatens direct harm to him or herself, the procedures outlined below shall apply instead of disciplinary procedures. (BTM,2007,06-25,007,_C)

A student who withdraws or is withdrawn from the University, a college or college residence hall pursuant to this policy may apply for re-entry to the University, a college and/or to a college residence hall. The application for re-entry shall be made to the student’s home college’s Chief Student Affairs Officer, who shall determine whether the student still presents a direct threat of harm to him or herself or others or still presents a significant risk to substantially disrupt the learning or working environment of others. If the Chief Student Affairs Officer or designee determines, based on the assessment of a qualified, licensed mental health professional, that there is not a significant risk that the behavior that required withdrawal will be repeated, he or she shall approve the student’s application for re-entry. (BTM,2007,06-25,007,_C)

2 Process

2.1 Emergency Interim Removal

If a student’s behavior presents an immediate, severe and direct threat to him or herself or others (by evidencing a likelihood of harm to him or herself or others), or is substantially disrupting the learning or working environment of others, the Chief Student Affairs Officer or designee (if such Officer is not immediately available) may direct an emergency interim removal of the student that restricts the student’s access to the College’s campus or residence hall, as appropriate, for an interim period before a final determination of the matter. The Chief Student Affairs Officer or designee shall consult with the University’s Office of the General Counsel prior to making any such direction. (BTM,2007,06-25,007,_C)

The fact that a student has threatened to commit suicide or attempted suicide, by itself, does not allow the Chief Student Affairs Officer or designee to direct an emergency interim removal. In all cases involving such students, the Chief Student Affairs Officer or designee must attempt to have the student individually assessed by a mental health professional as outlined below before deciding whether to direct an emergency interim removal. (BTM,2007,06-25,007,_C)

Except as permitted above, before determining whether to require an emergency interim removal, the Chief Student Affairs Officer or designee shall take the following steps (BTM,2007,06-25,007,_C):

a) Exercise all reasonable efforts to meet with the student. (BTM,2007,06-25,007,_C)

b) In that meeting, offer the student the opportunity to be evaluated at the college’s expense by a qualified, licensed mental health professional, who may be an employee of a college of the University or the University or on retainer to a college of the University or the University. Whenever possible, that professional shall have had no prior contact with the student. The professional shall assess whether the student’s behavior presents an immediate, severe and direct threat to him or herself or others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others, and, if so, whether the student’s behavior may be the result of a medical issue. That professional shall present his or her findings to the Chief Student Affairs Officer or designee, who shall determine based on those findings and other evidence available whether emergency interim removal under these procedures is appropriate. (BTM,2007,06-25,007,_C)

c) If the student refuses to meet, and/or refuses to undergo such assessment or to keep a scheduled appointment, the Chief Student Affairs Officer or designee may require emergency interim removal without a meeting and/or mental health assessment if he or she reasonably concludes on the basis of the available evidence that the student’s behavior evidences an immediate, severe and direct threat of harm to the student or others or is substantially disrupting the working or learning environment of others and presents a significant risk to continue that substantial disruption. The Chief Student Affairs Officer or designee shall consult with the University’s Office of the General Counsel before making such a determination. (BTM,2007,06-25,007,_C)

The emergency interim removal from the College and/or residence hall shall remain in effect until a final decision has been made pursuant to the procedures below, unless, before a final decision is made, the Chief Student Affairs Officer or designee determines that the reasons for imposing the interim removal no longer exist. (BTM,2007,06-25,007,_C)

2.2 Withdrawal after Emergency Interim Removal

If a student has been subjected to an emergency interim removal from the college and/or residence hall, the college shall request retention with conditions or voluntary withdrawal within seven calendar days of such removal. Should the request for retention with conditions or voluntary withdrawal request be refused, the College shall determine within seven calendar days of such refusal whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings, or disciplinary proceedings under Article XV of the University Bylaws, as applicable above, and shall send notice of either such proceeding in accordance with the notice requirements of the applicable procedure within that seven-day period. For students who have been subjected to an emergency interim removal without having undergone the assessment procedures outlined above, the College shall follow the assessment procedures outlined below prior to determining its course of action. (BTM,2007,06-25,007,_C)

In cases where the student has been subjected to an emergency interim removal without assessment, the procedure for determining whether withdrawal is appropriate is as follows (BTM,2007,06-25,007,_C):

The Chief Student Affairs Officer or designee shall exercise best efforts to meet with the student to discuss the student’s behavior and to hear the student’s explanation of the alleged behavior. If, after hearing the explanation, the Officer or designee still wishes to consider the possibility of the student’s withdrawal, he or she shall offer the student an opportunity to be evaluated, at the college’s expense, by a qualified, licensed mental health professional, who may be an employee of a college of the University or the University, or on retainer to a college of the University or the University. Whenever possible, that professional shall have had no prior contact with the student. The professional shall make findings concerning whether the student’s behavior presents a direct threat of harm to him or herself or others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and if so, whether the student’s behavior may be the result of a medical issue. The professional shall report such findings to the Chief Student Affairs Officer, who shall, based on those findings, and after consultation with the University’s Office of the General Counsel, determine the appropriate action, including whether to request that the student withdraw from the University, the college and/or the college residence hall or whether to request that the student agree to specified conditions in lieu of withdrawal. (BTM,2007,06-25,007,_C)

If the student refuses to undergo the requested assessment, or fails to keep the scheduled appointment, and the Chief Student Affairs Officer reasonably concludes on the basis of the available evidence that the student’s behavior presents a direct threat of harm to him or herself or others or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others, the Chief Student Affairs Officer may request that the student voluntarily withdraw from the University, the college and/or the college residence hall. The Chief Student Affairs Officer shall consult with the University’s Office of the General Counsel before making any such request. (BTM,2007,06-25,007,_C)

If the student agrees to the request for voluntary withdrawal or to the specified conditions, the Chief Student Affairs officer or designee shall (BTM,2007,06-25,007,_C):

a) Discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable

b) Discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate

c) Consult with the student’s academic advisor or department, as appropriate

d) Consult with the residence hall director, as appropriate

e) Refer the student to appropriate resources for treatment

f) Advise the student concerning the process for applying for re-entry, as well as on conditions for re-entry, if applicable and appropriate

If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the Chief Student Affairs Officer shall determine, in consultation with the University’s Office of the General Counsel, whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings, or, in the case of students referenced above, whether to initiate disciplinary proceedings under Article XV of the University Bylaws. (BTM,2007,06-25,007,_C)

2.3 Withdrawal without Emergency Interim Removal, of Students who Present a Direct Threat of Harm to Others or Substantially Disrupt the Learning or Working Environment of Others

In situations where a student’s behavior evidences a direct threat of harm to himself or others or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and the Chief Student Affairs Officer reasonably believes that the student’s behavior may be connected to a medical issue, the Chief Student Affairs Officer or designee may request that the student voluntarily withdraw or agree to retention under conditions. (BTM,2007,06-25,007,_C)

If the student agrees to the request for voluntary withdrawal or to the specified conditions, the Chief Student Affairs officer or designee shall (BTM,2007,06-25,007,_C):

a) Discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable

b) Discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate

c) Consult with the student’s academic advisor or department, as appropriate

d) Consult with the residence hall director, as appropriate

e) Refer the student to appropriate resources for treatment

f) Advise the student concerning the process for applying for re-entry, as well as on conditions for re-entry, if applicable and appropriate

If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the Chief Student Affairs Officer shall determine, in consultation with the University’s Office of the General Counsel, whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of the University Bylaws. (BTM,2007,06-25,007,_C)

Before initiating involuntary withdrawal proceedings under this policy, the Chief Student Affairs Officer shall follow the assessment procedures outlined above. (BTM,2007,06-25,007,_C)

2.4 Withdrawal without Emergency Interim Removal of Students who Present a Direct Threat of Harm Solely to Themselves

The College shall follow the assessment and other procedures outlined above in order to determine the appropriate course of action. (BTM,2007,06-25,007,_C)

3 Involuntary Withdrawal

The following shall be the procedures for involuntary withdrawal.

Notice of the involuntary withdrawal hearing and the time and place of the hearing shall be personally delivered or sent by the Chief Student Affairs Officer or designee of the student’s home college to the student at the address appearing on the records of the College, by overnight or certified mail, by regular mail, and, for students who have a college e-mail address, to that e-mail address. Notice of at least five business days shall be given to the student in advance of the hearing unless the student consents to an earlier hearing. (BTM,2007,06-25,007,_C)

The notice shall contain (BTM,2007,06-25,007,_C):

a) A statement of the reasons involuntary withdrawal is sought

b) The type of withdrawal sought (from the University, the college and/or from the college residence hall)

c) A statement that the student has a right to present his or her side of the story, to present witnesses and evidence on his or her behalf, to cross-examine witnesses presenting evidence against the student, to remain silent without assumption of guilt, and to be represented by legal counsel or an advisor at the student’s expense

The University shall constitute a Health Review Panel, comprised of qualified, licensed mental health professionals employed by a college of the University or by the University, or on retainer to a college of the University or the University. The University’s Vice Chancellor of Student Development shall appoint the members of the Health Review Panel. Members of the Health Review Panel, in committees constituted separately for each hearing (“Health Review Committee”), shall be responsible for adjudicating all involuntary withdrawal hearings held according to these procedures. For each involuntary withdrawal hearing, the Vice Chancellor of Student Development or his designee shall constitute a three-person Health Review Committee from the Health Review Panel to adjudicate at that hearing. No member of the Health Review Committee shall have had prior contact with the student. All decisions of the Health Review Committee shall be made by majority vote. (BTM,2007,06-25,007,_C)

The hearing shall be closed, unless the student requests an open hearing. However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented. (BTM,2007,06-25,007,_C)

After the evidence is presented at the hearing, the Health Review Committee shall determine whether the College has proved, by a preponderance of the evidence, that the student’s behavior presents a direct threat of harm to him or herself or others, or has substantially disrupted the learning or working environment of others and presents a significant risk of threatening further substantial disruption of the learning or working environment of others, and if so, what the appropriate remedy should be. The Health Review Committee may also set reasonable and appropriate conditions on re-entry. The decision of the Health Review Committee shall be made within five business days from the close of the hearing. (BTM,2007,06-25,007,_C)

4 Appeals

An appeal from the decision of the Health Review Committee may be made to the President of the student’s home college or the President’s designee within thirty calendar days after the delivery of the decision appealed from. The President or designee shall make his or her determination on the appeal within fifteen business days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University or his or her designee within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor or designee’s decision shall be made within fifteen business days from receipt of the appeal. The Chancellor or designee’s decision shall be final. The bases for overturning a decision of the Health Review Committee at both levels of review are limited to the following (BTM,2007,06-25,007,_C):

a) Clearly erroneous factual findings

b) Procedural irregularities

c) Newly available evidence that would have affected the outcome

d) The remedy and/or conditions on re-entry were unreasonable or inappropriate

5 Re-entry

A student who is withdrawn from the University, a student’s home college and/or a college residence hall under this policy may be considered for re-entry. A student wishing to be considered for re-entry should contact his or her home college’s Chief Student Affairs Officer and provide appropriate documentation of behavioral change and resolution of the initial behavioral problem, including compliance with any conditions that may have been set for re-entry. A student may apply for re-entry to the University, a college and/or a college residence hall no more than one time per term. (BTM,2007,06-25,007,_C)

In assessing an application for re-entry, the Chief Student Affairs Officer or designee shall (BTM,2007,06-25,007,_C):

a) In cases in which he or she determines that an additional mental health assessment is necessary, refer the student for assessment to a qualified, licensed mental health professional, at the College’s expense

b) Receive, investigate, and examine appropriate relevant documentation, including assessments made by college-referred mental health professionals, and, if applicable, licensed treating mental health professionals

c) Consult with the Health Review Committee, in cases in which the student’s withdrawal was adjudicated by such a Committee

d) Contact the student’s parents or legal guardians as permissible by law, if appropriate

e) Provide an opportunity for the student to meet with the Chief Student Affairs Officer or designee to discuss re-entry

If the Chief Student Affairs Officer or designee determines, based on the evidence presented, that there is not a significant risk that the behavior that required withdrawal will be repeated, he or she shall approve the student’s application for re-entry. In such cases, the Chief Student Affairs Officer or designee shall initiate the re-entry process, provide the student with written conditions for continued attendance, and inform any relevant administrators of the student’s re-entry. If the Chief Student Affairs Officer or designee determines that the application for re-entry should be denied, he or she shall provide the student with a written explanation of the reasons for the denial and specify when the next request for re-entry may be considered. (BTM,2007,06-25,007,_C)

A student may appeal the Chief Student Affairs Officer or designee’s denial of re-entry to the college President or designee within thirty calendar days after the delivery of the decision denying re-entry. The President or designee shall make his or her determination on the appeal within thirty calendar days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University or his or her designee within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor or designee’s decision shall be made within thirty calendar days from receipt of the appeal. The Chancellor or designee’s decision shall be final. The basis for overturning a decision on appeal at either level shall be limited to a determination that the decision on re-entry was clearly erroneous. (BTM,2007,06-25,007,_C)

6 Effect on Academic Status

In the event of a withdrawal pursuant to this policy, a notation of withdrawal shall appear on the student’s transcript for all classes taken during that semester. The Chief Student Affairs Officer at a student’s home college may grant a student request that, in lieu of withdrawal, a notation of incomplete shall appear on his or her transcript for classes taken during that semester if and only if there is a reasonable prospect that the student will eventually complete such classes, subject to faculty approval for each such class. Regardless of the notation that appears on a student’s transcript, the Chief Student Affairs Officer of the student’s home college shall inform the Vice Chancellor for Student Development of the student’s withdrawal in order to effectuate a hold by the University Application Processing Center on the student’s ability to transfer or otherwise seek admission to another college of the University. (BTM,2007,06-25,007,_C)

7 Effect on Housing Status

If the student has been living in a college residence hall and will not be permitted to continue to do so, the student’s contract will be canceled and fees refunded on a prorated basis. (BTM,2007,06-25,007,_C)

8 Confidentiality

The results of examinations by mental health professionals to whom students are referred for assessment at any stage in the withdrawal or readmission process shall be confidential student records, except that if the results indicate that the student presents an imminent, severe, and direct threat of harm to him or herself or others, those results may be shared with the appropriate individuals in order to attempt to prevent the occurrence of such harm. The results of these examinations shall be admissible in involuntary withdrawal hearings but shall not be admissible in disciplinary hearings, unless the student places his or her health, including mental health, at issue in a disciplinary hearing. (BTM,2007,06-25,007,_C)

9 Board Review

During the fall 2009 semester, the Chancellery shall conduct a review of the experience of the colleges with these procedures and shall report the results of that review to the Board of Trustees, along with any recommended changes. (BTM,2007,06-25,007,_C)

Policy 7.091 This Policy Number Not in Use :

This policy number not in use.

Policy 7.10 This Policy Number Not in Use :

This policy number not in use.

Policy 7.11 Records Access Policy :

The City University of New York and its constituent colleges and other units shall be in full compliance with the Federal Education Rights and Privacy Act (FERPA), and its implementing regulations. (BTM,1998,01-26,007,_A)

That appeals concerning alleged failures by any college or other educational unit to comply with the requirements of FERPA may be made to the General Counsel and Vice Chancellor for Legal Affairs within 30 days of the alleged failure to comply, and appeal decisions shall be submitted to the Board Committee on Student Affairs and Special Programs for its approval, with the student having the opportunity to submit a response. (BTM,1998,01-26,007,_A)

This policy supersedes the Student Records Access Policy adopted by the Board on 23 April 1976, Calendar No. 6.E. (BTM,1998,01-26,007,_A)

FERPA was enacted in 1974, and for years was popularly known as the “Buckley” amendment, and most recently amended by the Improving America’s Schools Act of 1994. FERPA imposed obligations on the colleges to establish policies in order to permit college students the right to inspect and review their educational records, the right to request the amendment of a record believed to be inaccurate or misleading, and the right to consent to disclosure of personally identifiable information in educational records, with some exceptions to the extent FERPA authorized disclosure without prior consent. Revised regulations, issued this past year by the United States Department of Education to implement the 1994 statutory amendments, have eliminated the requirement that educational institutions have a written policy regarding access, disclosure, and challenges of educational records. Instead, the colleges will be required to include additional information in their annual notification of rights to students. (BTM,1998,01-26,007,_A)

The repeal of the Board’s Student Records Access Policy will eliminate a policy which, in essence, reiterates the federal regulations, and will eliminate the technical need for the Board to amend its policy each time the federal regulations are amended. (BTM,1998,01-26,007,_A)

In order to assure compliance with FERPA, the Office of the General Counsel and Vice Chancellor for Legal Affairs will issue annual advisory memoranda on the requirements of FERPA, rights of appeal, the annual notification of students’ rights concerning educational records, and the components of directory information which may be released without prior consent. The provision for appeals to that Office will further promote uniform compliance with FERPA within the University prior to parties exercising their statutory right of appeal to the Family Policy Compliance Office of the U.S. Department of Education. (BTM,1998,01-26,007,_A)

Policy 7.111 Residence Hall Disciplinary Procedures :

CUNY RESIDENCE HALL DISCIPLINARY PROCEDURES

I. Introduction

These procedures are intended to apply to all CUNY- owned and/or – operated residence halls (referred to as “CUNY residence halls.”) CUNY- owned buildings refers both to buildings operated by CUNY as the owner and those owned by CUNY but operated by a private company on behalf of CUNY. CUNY- operated buildings are buildings for which CUNY is responsible for the management of the building, regardless of whether CUNY owns the building. The purpose of these procedures is to protect the health and safety of the entire residence hall community. These procedures provide for discipline of students who live in residence halls who violate the rules governing student conduct applicable to CUNY students. At the same time, these procedures are designed to ensure that the due process rights of student residents accused of engaging in inappropriate conduct are respected.

II. Applicable Rules of Conduct

All students who live in CUNY residence halls are expected to behave lawfully and responsibly. They are expected not to engage in conduct that threatens or causes harm to others or interferes with the working or learning environment of others. All resident students must comply with local, state and federal laws, including the Henderson Rules (N.Y. State Education Law, Article 129-A) and with CUNY and College policies. In addition, each CUNY residence hall should have written rules that are distributed to residents governing appropriate conduct in the residence hall. Students who violate their residence hall’s rules concerning behavior in the residence hall will be subject to discipline under these residence hall disciplinary procedures.

To the extent that the conduct at issue also violates local, state or federal law (including the Henderson Rules) or other CUNY or College policies, a student will be subject to discipline under Article XV of CUNY’s Bylaws (“Article XV”) as an alternative to disciplinary proceedings invoked under these residence hall procedures. In cases in which the conduct is serious and the sanction might involve suspension or expulsion from the University, rather than a sanction solely relating to future conduct and tenure at the residence hall, Article XV procedures should be invoked instead of residence hall disciplinary procedures. Further, in all cases involving a possible violation of CUNY’s Sexual Misconduct Policy (cases involving alleged sexual misconduct, including cases of sexual harassment, gender-based harassment, or sexual violence), the cases must be reported to the applicable CUNY College’s Title IX coordinator for applicable interim measures, investigation and potential discipline under Article XV.

Further, if a student’s conduct threatens harm to him or herself or others or substantially disrupts the learning or working environment of others, and is connected to a mental health or other medical issue, that conduct should be addressed under CUNY’s Medical Withdrawal and Re-entry Policy and Procedures (“Medical Withdrawal Policy”).

III. Emergency Situations

A. Emergency interim removal

If a resident’s behavior presents an immediate, severe and direct threat to him or herself or others (by evidencing a likelihood of harm to him or herself or others), or is substantially disrupting the learning or working environment of others, the Residence Hall Director (“RHD”) may remove the resident from the residence hall for a period not to exceed seven business days, pending the results of administrative proceedings or, where mental health issues are present, psychological evaluation. The RHD must consult with the College’s Chief Student Affairs Officer or designee and Chief of the Department of Public Safety or designee before deciding on and effectuating such removal unless the situation presents an immediate danger. If the need for removal is immediate, the RHD must consult with the above-referenced College officials as soon as practicable following such removal.

The fact that a resident has threatened to commit or attempted to commit suicide, however, may not, in and of itself, be used as the basis for an emergency interim removal. In such a circumstance, the RHD should contact the College’s Chief Student Affairs Officer or designee, who shall arrange for the resident to be referred to a mental health professional under the Medical Withdrawal Policy for an assessment of whether the resident presents a direct threat to him or herself or others.

Following an emergency interim removal of a student, the next step in the applicable and appropriate process (either under these procedures, the Medical Withdrawal Policy, or Article XV) should be taken as soon as soon as practicable, and in no event later than the time deadlines outlined in the applicable policy.

B. Emergency interim relocation

A student may be relocated from one area of a residence hall to a different location in that building or, if applicable, to a different building in the complex. Room relocation may also be imposed as an interim measure under CUNY’s Sexual Misconduct Policy.

This relocation may be made permanent or temporary until a permanent space is located by the residence hall staff. The interim relocation shall become immediately effective without prior notice whenever there is evidence that the student’s continued presence in the current residence poses a significant disruption to other persons or property or to the stability and continuance of normal housing functions.

Following an emergency interim relocation of a student, the next step in the applicable and appropriate process (either under these procedures, the Medical Withdrawal Policy, or Article XV, including in cases involving alleged sexual misconduct) should be taken as soon as soon as practicable, and in no event later than the time deadlines outlined in the applicable policy.

IV. Disciplinary Procedures in the Residence Hall

A. Role of the Residence Hall Director

Each residence hall, whether managed directly by a CUNY college or by a private management company, will have a director (“RHD”), whose responsibilities will include oversight of the residence hall internal disciplinary process. The RHD may conduct investigations of complaints, mediation conferences, and disciplinary hearings under these procedures. If the RHD is involved in the investigation or attempted mediation of a case, he or she may not also adjudicate the case if it goes to a hearing. In that event, the RHD shall designate another residence hall professional staff member to conduct the hearing.

B. Complaint and Investigative Process

A complaint of a violation of a residence hall, College or CUNY policy may be submitted by anyone, including resident advisors (“RAs”), residence hall staff, or other staff or students including guests in the residence hall. The complaint must be in writing. Intentionally providing false information is a serious offense that will subject a person providing such intentionally false information to disciplinary action. Further, retaliation of any kind against witnesses or other participants in the investigative process is strictly prohibited and may result in separate disciplinary action.

If the complaint involves sexual misconduct because it alleges harassment, gender-based harassment, or sexual violence, the case must be reported to the applicable CUNY College’s Title IX coordinator for investigation and for potential discipline under Article XV. In all other cases, the complaint should be submitted to the RHD or designee for investigation, with a copy provided to the College’s Chief Student Affairs Officer. The RHD or designee will assess the incident and identify any alleged policy violations. If he or she determines that policies may have been violated, he or she will investigate by interviewing witnesses and gathering relevant documents. Investigations should be completed within thirty days, except that they must be completed within seven days if the student has been removed from the residence hall under the emergency interim removal procedure or if the student has been relocated within the residence hall or complex under the emergency interim relocation procedure.

After the investigation has been completed, the RHD or designee will determine if residence hall, CUNY and/or College policy was violated. If so, and if the matter is not referred to the College’s Chief Student Affairs Officer, the RHD or designee will refer the incident for informal mediation through the residence hall’s procedures. Alternatively, in the event of a determination (in consultation with the College’s Chief Student Affairs Officer) that the matter presents a serious violation of CUNY and/or College policies (including but not limited to the Henderson Rules) for which the appropriate sanction might involve suspension or expulsion from the University, the RHD or designee will refer the case to the College’s Chief Student Affairs Officer for all further action under Article XV of CUNY’s Bylaws or, if applicable and appropriate, the Medical Withdrawal Policy.

C. The Mediation Process

The first step in the mediation process ordinarily should be a meeting between the accused student (“respondent”) and the RHD or designee. In cases involving minor infractions, a policy clarification notice letter may be sent in lieu of initiating the mediation process. Should the student wish to contest the policy clarification letter and engage in mediation instead, the student must send a written request for mediation to the RHD within five business days from receipt of the policy clarification letter.

The RHD or designee will conduct the mediation conference. At the conference , the findings of the investigation will be discussed with the student with an effort toward resolving the case. There are three potential outcomes to mediation. First, the case may be resolved by mutual agreement, which may include the imposition of sanctions for violations of policy (if a student admits responsibility for such violations). Second, if no agreement is reached, the matter may proceed to a formal disciplinary hearing under these procedures. Third, if the student effectively demonstrates that the investigation’s findings are incorrect, the allegations may be dismissed as unfounded.

Failure to attend an assigned mediation conference may result in the student being charged with an additional violation of residence hall rules and the scheduling of a disciplinary hearing.

D. Disciplinary Hearing

1. Notice to Students

Notice of the charge(s) and the time and place of the hearing must be sent to the student’s college e-mail address and, by regular mail or hand delivery, to the student’s residence hall address or by regular mail to the student’s other current resident address, if the student is no longer living in the residence hall (or, if unknown, the student’s permanent home address). The notice must contain a summary of the student’s procedural rights at the hearing, as listed below. The student should be given a minimum of seven calendar days notice of the date of the hearing.

2. General Rules

In general, the model for the disciplinary hearing is an administrative proceeding, not a criminal or civil trial. Accordingly, criminal or civil trial procedures and rules of evidence do not apply. As long as the student rights outlined in this policy are observed, the Hearing Officer will have considerable discretion with respect to procedural requirements so as to facilitate a fair and expeditious decision.

Hearings will be closed to the public, except that an open hearing may be held, at the discretion of the presiding adjudicator(s), if requested by the respondent. The case against the respondent will be presented by the RHD or designee. The RHD may serve as the Hearing Officer for the case if he or she were not involved in the investigation or attempted mediation process. In the event of prior involvement in the case by the RHD, a residence hall or student affairs professional staff member with no prior involvement will be the Hearing Officer.

The Hearing Officer will inform the respondent of the charges, the hearing procedures, and his or her rights. The student shall then be asked for a plea of “responsible” or “not responsible.” If the student pleads “responsible,” he or she will be given an opportunity to explain his or her actions and to discuss the appropriate sanction, if any. If the student pleads “not responsible,” the hearing will proceed to determination on the student’s culpability. The Hearing Officer will determine whether the student is responsible by reviewing the evidence presented and applying a preponderance of the evidence standard.

If the respondent does not attend the hearing, and does not present a reasonable excuse for non-attendance to the RHD or designee, the hearing may be held in the student’s absence. The Hearing Officer will consider the evidence and make a determination based on the evidence available. The absence of a student may give rise to an inference of responsibility, but may not be treated, by itself, as sufficient to demonstrate responsibility by a preponderance of the evidence.

3. Summary of Student Procedural Rights at the Hearing

• The right to a confidential, closed hearing.

• The right to present the student’s version of the incident.

• The right to present witnesses and documentary evidence on the student’s behalf.

• The right to cross-examine witnesses presenting evidence at the hearing.

• The right to receive copies of documents introduced into evidence at the hearing.

• The right to be represented by legal counsel or an advisor at the student’s expense; the advisor does not act as an advocate for the resident and is not authorized to address the Hearing Officer. The advisor must indicate relevant professional affiliation (if any), as well as name and relationship to the respondent. RAs are not permitted to serve as advisors to respondents. The process will not be delayed due to the unavailability of an advisor.

• The right to take written notes during the hearing, but not to use recording devices. The RHD’s office, however, will be responsible for recording the hearing, and must make a copy of that recording available to the student upon request.

• The right to a written decision based on a preponderance of the evidence.

• The right to appeal a determination after a hearing.

4. Witnesses

The respondent and the residence hall staff member presenting the case each may present witnesses. Witnesses may participate in the process by answering questions posed during the hearing or by providing a signed statement. Witnesses will be asked to affirm that their statements are truthful. Questions may be posed to witnesses by the Hearing Officer, the respondent, and the professional staff member presenting the case against the student.

5. Documentary Evidence

Respondents may introduce documentary evidence on their behalf at the hearing. CUNY adheres to federal law, the Federal Education Rights and Privacy Act (“FERPA”), which governs the permissible release of “education records.” Education records include records relating to students’ residency in residence halls. Except in emergency situations or for other good cause, requested copies will be provided to a respondent prior to a disciplinary hearing on that student’s case. However, redactions will be made to the copies if required by law.

6. Determination

a. Responsibility

Once all of the evidence is presented, the hearing will be adjourned for the Hearing Officer.to make a determination. A student will be found responsible for a violation of residence hall rules if the case against the student was demonstrated by a preponderance of the evidence. In other words, the evidence must demonstrate that it was “more likely than not” that the respondent was responsible for a violation.

A written decision will be issued and appropriate sanctions, if any, imposed, within ten calendar days from the date of the hearing. The decision will be sent by the RHD by regular mail to the respondent’s residence hall mailbox or delivered by hand to the respondent’s room and to the student’s college e-mail address. In the event that the respondent is no longer residing in the residence hall, the RHD will send the decision to the student’s new address, or, if unknown, to the student’s permanent home address.

b. Educational Requirements and Sanctions

Students who are found responsible for a violation(s) may be subject to one or more educational requirements and/or sanctions. Respondents may also agree to educational requirements and/or sanctions in order to resolve a case during the mediation process. The following is a list of possible requirements and sanctions.

Educational requirement: Mandate that the student complete an educational program relevant to the violation, with the possibility of imposition of sanctions if the student fails to complete the program.

Warning: Written notice that the student has violated a rule and that continuation or repetition of the wrongful conduct may result in more severe disciplinary action.

Housing Probation: Imposition of a sanction that is deferred for a period of time and then expires, unless the student continues or repeats the wrongful conduct.

Loss of Privileges: Exclusion from participation in privileges for a specified period of time, including possible exclusion from certain areas of the residence hall.

Relocation: Interim or permanent relocation to another room/location within the hall.

Restitution: Reimbursement for damage to or misappropriation of property. It may also include restoring the property to its original condition, engaging in activities related to personal and/or academic growth and reflection, and/or providing service to the residence hall community.

Denial of Renewal: Denial of renewal option for future residence at the hall.

Residence Hall Suspension: Exclusion from the residence hall for a specified period of time, after which the student is eligible to return. It may also include specified conditions for re-admission. The student will have no access to the building during the period of suspension.

Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of a student’s housing or license agreement, as applicable. Following dismissal, the student will have no access to the building.

E. Appeal

Students found responsible for violations after a disciplinary proceeding may submit a written appeal (via their email account or by regular mail) to an Appeal Officer within ten calendar days of the date of the decision. The Appeal Officer shall be the RHD, as long as he or she was not involved in an earlier stage of the proceedings at the Hearing or Mediation, and did not conduct the investigation. If the RHD had involvement with the case at an earlier stage, he or she should designate a staff member to decide the appeal. If there are no residence hall staff members who have not been involved in an earlier stage of the proceeding or investigation, the appeal will be decided by the College’s Chief Student Affairs Officer or designee. If the sanction imposed is suspension or dismissal from the residence hall, the appeal shall be made directly to the College’s Chief Student Affairs Officer or designee and not to the RHD or other residence hall staff member, even if they were not involved in the case at an earlier stage.

Unless the student has been subject to emergency interim removal or the written determination after the proceeding states that the student presents a direct threat to him or herself or others (by evidencing a likelihood of harm to him or herself or others), or is substantially disrupting the learning or working environment of others, the student may not be removed from the residence hall while his or her appeal is pending.

The appeal should include a written statement outlining the specific issues for which review is sought, and the grounds upon which exception is taken to the determination. Grounds for appeal are limited to the following:

• There is evidence that was not available at the hearing which, had it been available, would in all reasonable likelihood have produced a different finding on the student’s responsibility for the alleged violation(s).

• The factual findings are “clearly erroneous” based on the evidence presented.

• There was a substantial procedural irregularity.

• The sanctions imposed are grossly disproportionate to the violation.

.

The Appeal Officer may either schedule a meeting with the student or decide the appeal solely on the content of the letter. The Appeal Officer may alter the findings if they are clearly erroneous, may reduce the sanctions imposed if they are disproportionate to the violation, and/or, in some cases, may remand for additional fact-finding to be made at a hearing. A determination on the Appeal should be issued within ten calendar days from the date of receipt of the appeal, and it should be mailed by regular mail or hand-delivered to the resident’s residence hall address (or the resident’s current address, if no longer living in the residence hall, or, if unknown, to the resident’s permanent home address) and the resident’s college e-mail address. The Appeal Officer’s determination shall be final and not subject to further appeal.

(Board of Trustees Minutes,2015,06-29,6,B)

Policy 7.12 Retention and Graduation :

Each college shall take all necessary steps to ensure that courses required for the completion of degree requirements be offered in sufficient number and with sufficient frequency to guarantee that qualified students maintaining full-time status and good academic standing are able to complete all program requirements within the minimum timeframe specified for their degree.

All students shall be provided with well-designed academic advisement and coordinated academic course schedules. The colleges shall utilize collaborative arrangements among campuses that include the use of educational technology, and other means by which students’ programmatic needs can be satisfied.

Policy 7.13 Salk Scholarships :

1 Eligibility

Undergraduates and graduates of the colleges of The City University of New York who have received an acceptance for admission in September 1968 or thereafter to an American Medical School as candidates for the MD, the Ph.D. or D.Sc. degree shall be eligible for a Salk Scholarship with stipend or an honorary Salk Scholarship without stipend. (BTM,1971,12-20,002,__)

2 Qualifications

The awards shall be made by the Board of Trustees on the basis of high ability and scholarship, sound character and interest in research, and an indication of originality, and on recommendation to be made by the appropriate faculty agency and the President of each college. (BTM,1971,12-20,002,__)

3 Allocation

The allocation of Salk Scholarships to each of the colleges of the University shall be determined yearly by the Chancellor in consultation with the Presidents of the colleges. There shall be no more than eight scholarships with stipend and eight honorary Salk Scholarships without stipend awarded each year. (BTM,1971,12-20,002,__)

4 Payments

Four annual payments of $1,500 a year per student for four years shall be made on behalf of each winner of a Salk Scholarship with stipend. Each payment shall be paid to the fiscal officer of the medical school to which the candidate has been admitted. If the Scholarship winner resigns or withdraws for any reason from medical school or is placed on probation, no further payments on behalf of such candidates shall be made. (BTM,1971,12-20,002,__)

Policy 7.14 This Policy Number Not in Use :

This policy number not in use.

Policy 7.141 This Policy Number Not in Use :

This policy number not in use.

Policy 7.142 Sexual Misconduct :

THE CITY UNIVERSITY OF NEW YORK

POLICY ON SEXUAL MISCONDUCT

I. Policy Statement

Every member of The City University of New York community, including students, employees and visitors, deserves the opportunity to live, learn and work free from sexual harassment, gender-based harassment and sexual violence. Accordingly, CUNY is committed to:

1) Defining conduct that constitutes prohibited sexual harassment, gender-based harassment and sexual violence;

2) Providing clear guidelines for students, employees and visitors on how to report incidents of sexual harassment, gender-based harassment and sexual violence and a commitment that any complaints will be handled respectfully;

3) Promptly responding to and investigating allegations of sexual harassment, gender-based harassment and sexual violence, pursuing disciplinary action when appropriate, referring the incident to local law enforcement when appropriate, and taking action to investigate and address any allegations of retaliation;

4) Providing ongoing assistance and support to students and employees who make allegations of sexual harassment, gender-based harassment and sexual violence;

5) Providing awareness and prevention information on sexual harassment, gender-based harassment and sexual violence, including widely disseminating this policy, as well as a “students’ bill of rights” and implementing training and educational programs on sexual harassment, gender-based harassment and sexual violence to college constituencies; and

6) Gathering and analyzing information and data that will be reviewed in order to improve safety, reporting, responsiveness and the resolution of incidents.

This is the sole policy at CUNY addressing sexual harassment, gender-based harassment and sexual violence and is applicable at all college and units at the University. The CUNY community should also be aware of the following policies that apply to other forms of sex discrimination, as well as to other types of workplace violence and domestic violence that affect the workplace:

• The CUNY Policy on Equal Opportunity and Nondiscrimination prohibits discrimination on the basis of numerous protected characteristics in accordance with federal, state and local law. That policy addresses sex discrimination other than sexual harassment, gender-based harassment or sexual violence covered by this policy. Link

• The CUNY Campus and Workplace Violence Prevention Policy addresses workplace violence and the CUNY Domestic Violence in the Workplace Policy addresses domestic violence in or affecting employees in the workplace. Link

In addition, campus crime statistics, including statistics relating to sexual violence, which CUNY is required to report under the Jeanne Clery Act, are available from the Office of Public Safety at each college and/or on its Public Safety website.

II. Prohibited Conduct

A. Sexual Harassment, Gender-Based Harassment and Sexual Violence

This policy prohibits sexual harassment, gender-based harassment and sexual violence (together “sexual misconduct”) against any CUNY student, employee or visitor.

Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic and electronic communications or physical conduct that is sufficiently serious to adversely affect an individual’s participation in employment, education or other CUNY activities.

Gender-based harassment is unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes that is sufficiently serious to adversely affect an individual’s participation in employment, education or other CUNY activities.

Sexual violence is an umbrella term that includes: (1) sexual activity without affirmative consent, such as sexual assault, rape/attempted rape, and forcible touching/fondling; (2) dating, domestic and intimate partner violence; (3) stalking/cyberstalking (“stalking”) as defined in this policy.

The complete definitions of these terms, as well as other key terms used in this policy, are set forth in Section XI below

B. Retaliation. This policy prohibits retaliation against any person who reports sexual harassment, gender-based harassment or sexual violence, assists someone making such a report, or participates in any manner in an investigation or resolution of a sexual harassment, gender-based harassment or sexual violence complaint.

C. Certain Intimate Relationships. This policy also prohibits certain intimate relationships when they occur between a faculty member or employee and any student for whom he or she has a professional responsibility as set forth in Section X below.

III. Title IX Coordinator

Each college or unit of CUNY has an employee who has been designated as the Title IX Coordinator. This employee is responsible for compliance with Title IX of the Education Amendments of 1972, which prohibits sex discrimination, including sexual harassment, gender-based harassment and sexual violence, in education programs. The Title IX Coordinator has overall responsibility for implementing this policy, including overseeing the investigation of complaints at her/his college or unit and carrying out the other functions of that position set forth in this policy. All Title IX Coordinators shall receive annual training on sexual harassment, gender-based harassment and sexual violence as required by law. The name and contact information for all Title IX Coordinators at CUNY can be found on the university’s dedicated Title IX website at [Link].

IV. Immediate Assistance in Cases of Sexual Violence

A. Reporting to Law Enforcement

Students or employees who experience any form of sexual violence on or off-campus (including CUNY-sponsored trips and events) and visitors who experience sexual violence on a CUNY campus are strongly encouraged to immediately report the incident by calling 911, contacting NYPD Special Victims Division or their local police precinct, or contacting their college public safety office, which is available 24 hours a day, 7 days a week. Each college public safety office shall have an appropriately trained employee available at all times to provide the complainant with information regarding options to proceed, including information regarding the criminal justice process and the preservation of evidence. Campus public safety officers can also assist the complainant with filing a complaint both on and off-campus, and in obtaining immediate medical attention and other services.

B. Obtaining Immediate Medical Attention and Emotional Support

CUNY is committed to assisting anyone who experiences sexual violence to seek comprehensive medical attention as soon as possible to treat injuries, obtain preventative treatment for sexually transmitted diseases, and preserve evidence, among other things. For rapes in particular, immediate treatment and the preservation of evidence of the incident are important for many reasons, including facilitating a criminal investigation. In addition, individuals who have experienced or witnessed sexual violence are encouraged to seek emotional support as soon as possible, either on or off-campus.

On-campus resources include nurses and/or nurse practitioners at campus health offices and counselors at campus counseling centers. Counselors are trained to provide crisis intervention and provide referrals for longer-term care as necessary.

For off-campus resources, CUNY maintains a list of emergency contacts and resources, including rape crisis centers, available throughout New York City on its dedicated web page. Link This list includes a designation of which local hospitals are designated as SAFE (Sexual Assault Forensic Examiner) hospitals, which are specially equipped to handle sexual assaults and trained to gather evidence from such assaults.

V. Reporting Sexual Harassment, Gender-Based Harassment or Sexual Violence to the College

CUNY encourages individuals who have experienced sexual harassment, gender-based harassment or sexual violence (referred to in this policy as “complainants”) to report the incident(s) to campus authorities, even if they have reported the incident to outside law enforcement authorities, and regardless of whether the incident took place on or off-campus (including “study abroad” programs.) Such reporting will enable complainants to get the support they need, and provide the college with the information it needs to take appropriate action. However, students should be aware that there are employees at their college/unit whom they can speak with on a strictly confidential basis before determining whether to make a report to college authorities. See Section VI below.

A. Filing a Complaint with Campus Authorities

i. Students

Students who experience sexual harassment, gender-based harassment or sexual violence should bring their complaint to one of the following campus officials/offices:

• Title IX Coordinator;

• Office of Public Safety;

• Office of the Vice President for Student Affairs and/or Dean of Students;

• Residence Life staff

ii. Employees

Employees who experience sexual harassment, gender-based harassment or sexual violence should bring their complaint to one of the following campus officials/offices:

• Title IX Coordinator;

• Director of Human Resources;

• Office of Public Safety.

iii. Visitors

Visitors who experience sexual harassment, gender-based harassment or sexual violence should bring their complaint to one of the following campus officials/offices:

• Title IX Coordinator;

• Office of Public Safety;

• Residence Life staff in CUNY owned or operated housing, including Resident Assistants.

Once any of the individuals or offices above is notified of an incident of sexual harassment, gender-based harassment or sexual violence, she/he will coordinate with the appropriate college offices to address the matter in accordance with this policy, including taking appropriate interim and supportive measures. These individuals will maintain a complainant’s privacy to the greatest extent possible, and all information in connection with the complaint, including the identities of the complainant and the respondent, will be shared only with those who have a legitimate need for the information.

B. Support Assistance for Complainants

i. Students

When a Title IX Coordinator receives a complaint of sexual misconduct from a student, she/he will work with the Chief Student Affairs Officer to identify a trained staff member to assist the complainant with support services.

ii. Employees

When a Title IX Coordinator receives a complaint of sexual misconduct from an employee, she/he will work with the Human Resources Director to assist the complainant with support services.

C. Request that the College Maintain a Complainant’s Confidentiality, Not Conduct an Investigation, or Not Report an Incident to Outside Law Enforcement

After a report of an alleged incident of sexual harassment, gender-based harassment or sexual violence has been made to the Title IX Coordinator, a complainant may request that the matter be investigated without her/his identity or any details regarding the incident being divulged further. Alternatively, a complainant may request that no investigation into a particular incident be conducted or that an incident not be reported to outside law enforcement.

In all such cases, the Title IX Coordinator will weigh the complainant’s request against the college’s obligation to provide a safe, non-discriminatory environment for all students, employees and visitors, including the complainant. A decision to maintain confidentiality does not mean that confidentiality can be absolutely guaranteed in all circumstances, but only that all efforts will be undertaken to keep information confidential consistent with law. Notwithstanding the decision of the Title IX Coordinator regarding the scope of any investigation, the college will provide the complainant with ongoing assistance and support, including, where appropriate, the interim and supportive measures set forth in Section VII of this policy.

If the Title IX Coordinator determines that she/he will maintain confidentiality as requested by the complainant, the college will take all reasonable steps to investigate the incident consistent with the request for confidentiality. However, a college’s ability to meaningfully investigate the incident and pursue disciplinary action may be limited by such a request.

In any event, the college is required to abide by any laws mandating disclosure, such as the Jeanne Clery Act and New York’s Campus Safety Act. However, notification under the Jeanne Clery Act is done without divulging the complaint’s identity, and notification of sexual violence under the New York Campus Safety Act is not required and will not be done if the complainant requests confidentiality.

If the Title IX Coordinator determines that the college must report the incident to outside law enforcement, the college will cooperate with any criminal investigation, which may include providing the outside law enforcement agency with any evidence in its possession relating to the incident.

D. Action by Bystanders and Other Community Members

While those employees designated as “responsible” employees are required reporters as set forth in Section VI below, CUNY encourages all other community members, including faculty, students and visitors, to take reasonable and prudent actions to prevent or stop an act of sexual harassment, gender-based harassment or sexual violence that they may witness. Although these actions will depend on the circumstances, they include direct intervention, calling law enforcement, or seeking assistance from a person in authority.

In addition, CUNY encourages all community members to report an incident of sexual harassment, gender-based harassment or sexual violence that they observe or become aware of to the Title IX Coordinator, and/or the offices of Public Safety and the Vice President of Students Affairs and/or Dean of Students at their college and, in the case of employees, the Human Resources office. Community members who take action in accordance with this paragraph will be supported by the college, and anyone who retaliates against them will be subject to disciplinary charges.

E. Amnesty for Drug and Alcohol Use

CUNY strongly encourages students to report instances of sexual harassment, gender-based harassment or sexual violence as soon as possible, even if those reporting or the alleged victim may have engaged in the inappropriate or unlawful use of alcohol or drugs. Therefore, in accordance with CUNY’s Drug/Alcohol Use Amnesty Policy, a student acting in good faith who reports or experiences sexual harassment, gender-based harassment or sexual violence will not be disciplined by the college for any violation of CUNY’s Policy Against Drugs and Alcohol in connection with the reported incident. [Link]

F. Reporting Suspected Child Abuse

Certain members of the CUNY community who interact with, supervise, chaperone, or otherwise oversee minors in programs or activities at CUNY or sponsored by CUNY are required to report immediately to the New York State Maltreatment Hotline if they have reasonable cause to suspect abuse or maltreatment of individuals under the age of 18. Information regarding mandated child abuse reporting is available on the Office of the General Counsel web page. [link] If anyone other than New York State mandated reporters has reasonable cause to believe that a minor is being or has been abused or maltreated on campus, she/he should notify either the Title IX Coordinator or Director of Public Safety. If any CUNY community member witnesses child abuse while it is happening, she/he should immediately call 911.

G. Reporting Retaliation

An individual may file a complaint with the Title IX Coordinator if she/he has been retaliated against for reporting sexual harassment, gender-based harassment or sexual violence, assisting someone making such a report, or participating in any manner in an investigation or resolution of a sexual harassment, gender-based harassment or sexual violence complaint. All retaliation complaints will be investigated in accordance with the investigation procedures set forth in Section VIII of this policy, and individuals who are found to have engaged in retaliation will be subject to disciplinary action.

VI. Reporting/Confidentiality Obligations of College and University Employees

An individual who speaks to a college or CUNY employee about sexual harassment, gender-based harassment or sexual violence should be aware that employees fall into three categories: (1) “confidential” employees, who have an obligation to maintain a complainant’s confidentiality regarding the incident(s); (2) “responsible” employees, who are required to report the incident(s) to the Title IX Coordinator; and (3) all other employees, who are strongly encouraged but not required to report the incident(s).

A. Confidential Employees

i. For Students. Students at CUNY who wish to speak to someone who will keep all of the communications strictly confidential should speak to one of the following:

• Counselor or other staff member at their college counseling center;

• Nurse, nurse practitioner or other staff member in the college health office;

• Pastoral counselor (i.e., counselor who is also a religious leader) if one is available at their college; or

• Staff member in a women’s or men’s center, if one exists at their college.

The above individuals will not report any information about an incident to the college’s Title IX Coordinator or other college employees without the student’s permission. The only exception is in the case where there is an imminent threat to the complainant or any other person.

A student who speaks solely to a “confidential” employee is advised that, if the student wants to maintain confidentiality, the college may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. However, these professionals will assist the student in receiving other necessary support. A student who first requests confidentiality may later decide to file a complaint with the college or report the incident to local law enforcement and thus have the incident investigated.

ii. For Employees. Although there is no one directly employed by CUNY to whom CUNY employees can speak on a confidential basis regarding sexual harassment, gender-based harassment or sexual violence, free confidential support services are available through CUNY’s Work/Life Program, which is administered by an outside company. (Link) Confidential community counseling resources are also available throughout New York City. (Link)

B. “Responsible” Employees

“Responsible” employees have a duty to report incidents of sexual harassment, gender-based harassment or sexual violence, including all relevant details, to the Title IX Coordinator. Such employees are not permitted under any circumstances to maintain a complainant’s confidentiality, except that the Title IX Coordinator may honor a request for confidentiality under the circumstances described in Section V (C) above. However, these employees will maintain a complainant’s privacy to the greatest extent possible, and information reported to them will be shared only with the Title IX Coordinator, the “responsible” employee’s supervisor, and other people responsible for handling the college’s response to the report.

Before a complainant reveals any information to a responsible employee, the employee shall advise the complainant of the employee’s reporting obligations—and if the complainant wants to maintain confidentiality, direct the complainant to confidential resources.

CUNY has designated the following individuals as “responsible” employees:

i. Title IX Coordinator and her/his staff

ii. Office of Public Safety employees (all)

iii. Vice President for Student Affairs and Dean of Students and all staff housed in those offices

iv. Residence Life staff in CUNY owned or operated housing, including Resident Assistants (all)

v. College President, Vice Presidents and Deans

vi. Athletics Staff (all)

vii. Department Chairpersons/Executive Officers

viii. Human Resources staff (all)

ix. University Office of the General Counsel employees (all)

x. College/unit attorney and her/his staff

xi. College/unit labor designee and her/his staff

xii. Faculty members at times when they are leading or supervising student on off-campus trips

xiii. Faculty or staff advisors to student groups

xiv. Employees who are Managers (all)

xv. SEEK/College Discovery staff (all)

xvi. College Childcare Center staff (all)

xvii. Directors of “Educational Opportunity Centers” affiliated with CUNY colleges

C. All Other Employees

Employees other than those identified in subsections “A” and “B” above are permitted but not required to report any possible sexual harassment, gender-based harassment or sexual violence; however, they are strongly encouraged by CUNY to make such a report.

It is important to emphasize that faculty members other than those specifically identified in subsection “B” above have not been designated as “responsible” employees and do not have an obligation to report the matter to the Title IX Coordinator, although they are strongly encouraged to do so.

VII. Interim and Supportive Measures

The college will take immediate steps to protect the complainant and other affected parties, as well as the college community at large, following an allegation of sexual harassment, gender-based harassment or sexual violence. In general, when taking such interim and supportive measures, the college will seek to minimize the burden on the complainant. The complainant and the respondent shall each be afforded, upon request, a prompt review of the need for and terms of any interim or supportive measure that directly affects him or her and shall be permitted to submit evidence in support of his/her request. The request for such a review shall be made to the college’s Chief Student Affairs Officer, if either the complainant or the respondent is a student or to college’s Director of Human Resources if both the complainant and the respondent are employees. If a request is made in a case involving both a student and an employee, the Chief Student Affairs Officer shall consult with the Director of Human Resources.

A. Types of Interim and Supportive Measures

Interim and supportive measures may include, among other things:

i. Making necessary changes to academic programs, including a change in class schedule, making appropriate accommodations to permit the complainant to take an incomplete or drop a course or courses without penalty, permitting the complainant to attend a class via skype or other alternative means where appropriate, providing an academic tutor, or extending deadlines for assignments;

ii. Making necessary changes to residential housing situations or providing assistance in finding alternate housing;

iii. Changing an employee’s work assignment or schedule;

iv. Providing the complainant with an escort to and from class or campus work location;

v. Arranging appropriate transportation services to ensure safety;

vi. Prohibiting contact between the complainant and the respondent (“no contact” orders);

vii. Offering counseling services to the complainant, to the respondent, and, where appropriate, to witnesses, through the college Counseling Center or other appropriate college office, or a referral to an off-campus agency;

viii. Providing the complainant assistance in obtaining medical and other services, including access to rape crisis centers;

ix. Providing the complainant assistance with filing a criminal complaint and seeking an order of protection;

x. Enforcing an order of protection;

xi. Addressing situations in which it appears that a complainant’s academic progress is affected by the alleged incident;

xii. In exceptional circumstances, seeking an emergency suspension of a student or an employee under applicable CUNY Bylaws, rules, policies and collective bargaining agreements.

B. Process for Review of “No Contact” Orders

The complainant and the respondent shall each be afforded, upon request, a prompt review of the need for and terms of a “no contact” order (including possible modification or discontinuance of the order), and shall be allowed to submit evidence to support their request. The request for such a review shall be made to the college’s Chief Student Affairs Officer, if either the complainant or the respondent is a student, or to the college’s Director of Human Resources, if both the complainant and the respondent are employees. If possible, the college shall establish an appropriate schedule for the complainant and the respondent to access college facilities when they are not being used by the other party to enable both parties to use college facilities to the maximum extent feasible, without violation of the “no contact” order.

VIII. Investigating Complaints of Sexual Harassment, Gender-Based Harassment or Sexual Violence

The college will conduct an investigation when it becomes aware, from any source (including third-parties not connected to the college or university), that sexual harassment, gender-based harassment or sexual violence may have been committed against a student, employee or visitor, unless the complainant has requested that the college refrain from such an investigation and the college has determined that it may do so.

A. The Investigation

The college Title IX Coordinator is responsible for conducting the investigation in a prompt, thorough, and impartial manner. The college Title IX Coordinator shall inform the respondent that an investigation is being commenced and shall provide the respondent with a written summary of the allegations of the complaint. The Title IX Coordinator shall coordinate investigative efforts with other college offices, and may designate another trained individual to conduct all or part of the investigation. A respondent employee who is covered by a collective bargaining agreement may consult with and have a union representative present at any interview of that employee conducted as part of such investigation.

The college Title IX Coordinator shall take prompt and effective steps reasonably calculated to end any sexual harassment, gender-based harassment or sexual violence, including: (i) taking interim measures; (ii) preventing retaliation; (iii) providing the complainant and the respondent with periodic status updates of the investigation and notice of outcome of the investigation; (iv) informing the complainant of her/his right to file a criminal complaint; (v) coordinating with law enforcement agencies, as appropriate, after consultation with Public Safety; (vi) maintaining all documents of the investigation; and (vii) drafting a report of findings, which is to be submitted to the College President.

B. Conflicts

If any administrator designated by this policy to participate in the investigation or resolution of a complaint (including but not limited to the Title IX Coordinator) is the respondent, the College President will appoint another college administrator to perform such person’s duties under this policy. If the President is the respondent, the investigation will be handled by the University Title IX Coordinator or her/his designee.

C. Mediation

While mediation is not permitted in cases where sexual violence is alleged, it may be appropriate where sexual harassment or gender-based harassment allegations have been made by a student or employee but there is no allegation of sexual violence. Mediation is a process whereby the parties can participate in a search for fair and workable solutions. Mediation requires the consent of both the complainant and the respondent, but does not require the complainant and respondent to meet face-to-face. Either party, however, has the right to end the mediation at any time and proceed with the investigation process. A respondent who is covered by a collective bargaining agreement may consult with and have a union representative present at any mediation session. Unless the mediation results in a timely resolution agreed to in writing by the complainant, the respondent and the college, the college shall end the mediation and resume the investigation.

D. Timing

The college shall make every reasonable effort to ensure that the investigation and resolution of a complaint are carried out as timely and efficiently as possible. However, the college may need to temporarily delay the fact-finding portion of its investigation during the evidence-gathering phase of a law enforcement investigation. Temporary delays may not last more than ten days except when law enforcement specifically requests and justifies a longer delay. While some complaints may require extensive investigation, whenever possible, the investigation of complaints should be completed within sixty (60) calendar days of the receipt of the complaint. If there is a delay in completing the investigation, the Title IX Coordinator shall notify the complainant and the respondent in writing.

E. Report of Findings

Following the completion of the investigation, the Title IX Coordinator shall report her/his findings to the College President in writing. Following such report, the College President shall review the complaint investigation report and authorize such action as she/he deems necessary to address the issues raised by the findings. In the event the complainant or the respondent is a student, the report shall also be sent to the Chief Student Affairs Officer. A copy of the report shall be maintained in the files of the Title IX Coordinator.

F. Disciplinary Action

Following an investigation, the College President may recommend that disciplinary action be commenced against the respondent student or employee.

i. Discipline Against Students

In cases where a student is charged with a violation of this policy, including retaliation, the matter shall be referred to the college’s Office of Student Affairs and action shall be taken in accordance with Article XV of the CUNY Bylaws (link), which contains the student disciplinary process at CUNY. Under the student disciplinary process, complainants have the same right as respondents to receive notice of the charges, to attend and participate fully in a disciplinary hearing, to be represented by an attorney or advisor of their choice, to receive notice of the decision of the faculty-student disciplinary committee, and to appeal. Penalties for students instituted after a hearing before the faculty-student disciplinary committee range from a warning to suspension or expulsion from the University.

ii. Discipline Against Employees

In cases where an employee is charged with a violation of this policy, including retaliation, the matter shall be referred for disciplinary action in accordance with the applicable CUNY policies, rules and collective bargaining agreements. Penalties for employees include reprimand, suspension or termination of employment following applicable disciplinary procedures. For many respondent employees, these procedures may include a hearing before a non-CUNY fact-finder, as required by collective bargaining agreements.

iii. Action Against Visitors

In cases where the person accused of sexual harassment, gender-based harassment or sexual violence is neither a CUNY student nor a CUNY employee, the college’s ability to take action against the accused is extremely limited. However, the college shall take all appropriate actions within its control, such as restricting the visitor’s access to campus. In addition, the matter shall be referred to local law enforcement for legal action where appropriate.

iv. No Disciplinary Action

In cases where a determination is made not to bring disciplinary action, the Title IX Coordinator shall inform the complainant and the respondent of that decision contemporaneously, in writing, and shall offer counseling or other support services to both the complainant and the respondent.

G. Malicious Allegations

Members of the CUNY community who make false and malicious complaints of sexual harassment, gender-based harassment or sexual violence, as opposed to complaints which, even if erroneous, are made in good faith, may be subject to disciplinary action.

H. Relationship of CUNY’s Investigation to the Action of Outside Law Enforcement

In cases where the complainant files a complaint with outside law enforcement authorities as well as with the college, the college shall determine what actions to take based on its own investigation. The college may coordinate with outside law enforcement authorities in order to avoid interfering with their activities and, where possible, to obtain information regarding their investigation. Neither a law enforcement determination whether to prosecute a respondent, nor the outcome of any criminal prosecution, is dispositive of whether the respondent has committed a violation of this policy.

I. Filing External Complaints

Complainants have the right at any time to file complaints with the Office for Civil Rights (“OCR”) of the U.S. Department of Education, alleging violations of Title IX, and to file complaints with other appropriate agencies alleging violations of other federal, state or local laws. Contact information for OCR and other relevant agencies is set forth on the CUNY Title IX web page. [link]

IX. College Obligations Under This Policy

In addition to addressing possible violations of this policy, colleges/units of CUNY have the following obligations:

A. Dissemination of Policies, Procedures and Notices

The college Title IX Coordinator, in coordination with the Office of Student Affairs, Office of Public Safety, Human Resources Department and other appropriate offices, is responsible for the wide dissemination of the following on her/his campus: (i) this Policy; (ii) CUNY’s Notice of Non-Discrimination; (iii) the Title IX Coordinator’s name, phone number, office location, and email address; and (iv) contact information for the campus Public Safety Office. Such dissemination shall include posting the documents and information on the college website and including it in any student or faculty handbooks and in residence life materials. In addition, the Students’ Bill of Rights, which is appended to and made a part of this policy, must be distributed to any individual reporting an incident of sexual misconduct at the time the report is made. It must also be distributed annually to all students, made available on the college’s website and posted in college campus centers and in CUNY owned and operated housing.

B. Training and Educational Programming

The college Title IX Coordinator, in coordination with other applicable offices, including Public Safety, Human Resources and Student Affairs, is responsible for ensuring that the college provides training to college employees on their obligations under this policy; provides education on this policy and on sexual misconduct (including domestic violence, dating violence, stalking and sexual assault) to new and continuing students; and promotes awareness and prevention of sexual harassment, gender-based harassment and sexual violence among all students and employees. Specific required trainings include the following:

i. Training For Responsible and Confidential Employees

The college shall provide training to all employees who are required to report incidents of sexual harassment, gender-based harassment or sexual violence under this policy, as well as those employees who have been designated as confidential employees.

ii. Student Onboarding and Ongoing Education

Each college shall adopt a comprehensive student onboarding and ongoing education campaign to educate students about sexual misconduct, including domestic violence, dating violence, stalking, and sexual assault. During the student onboarding process, all new first-year and transfer students shall receive training on this policy and on a variety of topics relating to sexual misconduct. In addition, each college shall offer and administer appropriate educational programming to residence hall students, athletes, and student leaders. Each college shall also provide such educational programming to any other student groups which the college determines could benefit from education in the area of sexual harassment, gender-based harassment and sexual violence. The college shall also share information on domestic violence, dating violence, stalking and sexual assault prevention with parents of enrolling students.

C. Campus Climate Assessments

Each college of the University shall conduct, no less than every other year, a climate assessment using an assessment instrument provided by the University central office, to ascertain its students’ general awareness and knowledge of the University’s policy and procedures regarding sexual misconduct, including but not limited to student experiences with and knowledge of reporting, investigation and disciplinary processes. The assessment instrument shall include all topics required to be included under applicable law, including Section 129-B of the New York State Education Law. The University shall publish the results of the surveys on its Title IX web page. The published results shall not contain any information which would enable a reader to identify any individual who responded to the climate assessment.

X. Rules Regarding Intimate Relationships

A. Relationships between Faculty or Employees and Students

Amorous, dating or sexual activity or relationships (“intimate relationships”), even when apparently consensual, are inappropriate when they occur between a faculty member or employee and any student for whom he or she has a professional responsibility. Those relationships are inappropriate because of the unequal power dynamic between students and faculty members and between students and employees who advise or evaluate them, such as athletic coaches or workplace supervisors. Such relationships necessarily involve issues of student vulnerability and have the potential for coercion. In addition, conflicts of interest or perceived conflicts of interest may arise when a faculty member or employee is required to evaluate the work or make personnel or academic decisions with respect to a student with whom he or she is having an intimate relationship. Finally, if the relationship ends in a way that is not amicable, the relationship may lead to charges of and possible liability for sexual harassment.

Therefore, faculty members and other employees are prohibited from engaging in intimate relationships with students, for whom they have a professional responsibility, including undergraduates, graduate and professional students and postdoctoral fellows.

For purposes of this section, professional responsibility for a student means responsibility over academic matters, including teaching, counseling, grading, advising for a formal project such as a thesis or research, evaluating, hiring, supervising, coaching, making decisions or recommendations that confer benefits such as admissions, registration, financial aid, other awards, remuneration, or fellowships, or performing any other function that might affect teaching, research, or other academic opportunities.

B. Relationships between Supervisors and Employees

Many of the concerns about intimate relationships between faculty members or employees and students also apply to relationships between supervisors and employees they supervise. Those relationships therefore are strongly discouraged. Supervisors shall disclose any such relationships to their supervisors in order to avoid or mitigate conflicts of interest in connection with the supervision and evaluation of the employees with whom they have an intimate relationship. Mitigation may involve the transfer of either the supervisor or employee, reassigning the responsibility to evaluate the employee to a different supervisor, or other appropriate action.

For purposes of this section, supervising an employee means supervising in an employment setting, including hiring, evaluating, assigning work, or making decisions or recommendations that confer benefits such as promotions, raises or other remuneration, or performing any other function that might affect employment opportunities.

XI. Definitions of Terms in this Policy

A. Affirmative Consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Consent may be initially given but withdrawn at any time. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.

In order to give consent, one must be of legal age (17 years or older). Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

When consent is withdrawn or can longer be given, sexual activity must stop.

B. Complainant refers to the individual who alleges that she/he has been the subject of sexual harassment, gender-based harassment or sexual violence, and can be a CUNY student, employee (including all full-time and part-time faculty and staff), or visitor. Under this policy, the alleged incident(s) may have been brought to the college’s attention by someone other than the complainant

C. Complaint is an allegation of sexual harassment, gender-based harassment or sexual violence made under this policy.

D. Dating, Domestic and Intimate Partner Violence is a pattern of coercive behavior that can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an intimate partner. Such violence may occur in all kinds of intimate relationships, including married couples, people who are dating, couples who live together, people with children in common, same-sex partners, and people who were formerly in a relationship with the person abusing them.

E. Forcible Touching/Fondling is intentionally touching the sexual or other intimate parts of another person without the latter’s consent for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

F. Gender-Based Harassment is unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes that is sufficiently serious to adversely affect an individual’s participation in employment, education or other CUNY activities. The effect will be evaluated based on the perspective of a reasonable person in the position of the complainant. An example of gender-based harassment would be persistent mocking or disparagement of a person based on a perceived lack of stereotypical masculinity or femininity.

G. Managers are employees who have the authority to either (a) make tangible employment decisions with regard to other employees, including the authority to hire, fire, promote, compensate or assign significantly different responsibilities; or (b) 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.

H. Rape and Attempted Rape is the penetration or attempted penetration, no matter how slight, of any body part by a sex organ of another person, without the consent of that person.

I. Respondent refers to the individual who is alleged to have committed sexual harassment, gender-based harassment or sexual violence against a CUNY student, employee, or visitor.

J. Retaliation is adverse treatment of an individual as a result of that individual’s reporting sexual harassment, gender-based harassment or sexual violence, assisting someone with a report of sexual harassment, gender-based harassment or sexual violence, or participating in any manner in an investigation or resolution of a sexual harassment, gender-based harassment or sexual violence report. Adverse treatment includes threats, intimidation and reprisals by either a complainant or respondent or by others such as friends or relatives of either a complainant or respondent.

K. Sexual Activity is

• penetration, however slight, of the vulva or the anus by the penis, hand/fingers or other object;

• contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

• intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person; or

• intentional touching, either directly or through the clothing of any other body part, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person.

L. Sexual Assault is any form of sexual activity that occurs without consent.

M. Sexual Harassment is unwelcome conduct of a sexual nature, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic and electronic communications or physical conduct of a sexual nature when:

i. submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing or is used as the basis for employment decisions or for academic evaluation, grades, or advancement (quid pro quo);

or

ii. such conduct is sufficiently serious that it alters the conditions of, or has the effect of substantially interfering with, an individual’s educational or work experience by creating an intimidating, hostile, or offensive environment (hostile environment). The effect will be evaluated based on the perspective of a reasonable person in the position of a complainant.

Conduct is considered “unwelcome” if the individual did not request or invite it and considered the conduct to be undesirable or offensive.

While it is not possible to list all circumstances that might constitute sexual harassment, the following are some examples of conduct that might constitute sexual harassment depending on the totality of the circumstances:

i. Inappropriate or unwelcome physical contact or suggestive body language, such as touching, groping, patting, pinching, hugging, kissing, or brushing against an individual’s body;

ii. Verbal abuse or offensive comments of a sexual nature, including sexual slurs, persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;

iii. Visual displays or distribution of sexually explicit drawings, pictures, or written materials; or

iv. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making sexually suggestive gestures.

For purposes of this policy, sexual harassment also includes acts that violate an individual’s right to privacy in connection with her/his body and/or sexual activity such as:

i. Recording images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;

ii. Disseminating images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure;

iii. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.

N. Sexual Misconduct is sexual harassment, gender-based harassment or sexual violence, as defined in this policy.

O. Sexual Violence is an umbrella term that includes: (1) sexual activity without affirmative consent, such as sexual assault rape/attempted rape, and forcible touching/fondling; (2) dating, domestic and intimate partner violence; (3) stalking as defined below.

P. Stalking is intentionally engaging in a course of conduct directed at a specific person with whom the perpetrator currently has, previously has had, or desires to have, some form of sexual or romantic relationship, that:

1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or

2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or

3. is likely to cause such person to reasonably fear that her/his employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Q. Visitor is an individual who is present at a CUNY campus or unit but is not a student or an employee

The City University of New York

Students’ Bill of Rights

CUNY students who experience campus-related sexual or gender-based harassment or sexual violence, including sexual assault, stalking, domestic violence, intimate partner violence or dating violence, are entitled to the following rights:

• To report the incident to your campus.

• To report the incident to the University or campus public safety department and/or to file a criminal complaint with the NYPD, or to choose not to report.

• To receive assistance from your campus or others in filing a criminal complaint, which may include seeking an Order of Protection.

• To describe the incident only to those campus officials who need the information in order to properly respond and to repeat the description as few times as practicable.

• To request that the campus file conduct charges against the respondent(s). The decision on whether to bring charges rests with the campus.

• To be protected by your campus from retaliation for reporting the incident, and to have any allegations of retaliation addressed by the campus.

• To receive assistance and resources from your campus, including confidential and free on-campus counseling, and to be notified of other available services on- and off-campus, including, among other resources, the New York State Office of Victim Services.

• To receive assistance in seeking necessary medical services or treatment, including a Sexual Assault Forensic Examination (SAFE exam), on or off campus.

• To obtain, where appropriate, changes with respect to campus academic and living arrangements, no-contact orders, and other interim remedial measures to enable you to continue your education without undue stress or trauma.

• To have your complaints handled respectfully by the campus, and to be informed about how the campus will protect your privacy and confidentiality.

• To have your complaint investigated in a prompt, impartial and thorough manner by individuals who have received appropriate training in conducting investigations and the issues related to sexual harassment and sexual violence, and to be accompanied by a person of your choice at all meetings or hearings related to the process.

• To have your complaint against a student adjudicated by individuals who have received appropriate training on issues related to sexual harassment and sexual violence.

• To report incidents of sexual harassment or sexual violence that you experience while under the influence of alcohol or drugs without receiving discipline for your alcohol or drug use.

• To have the same opportunity as the respondent(s) to participate in a student disciplinary hearing before a faculty-student disciplinary committee, including the right to be present, to be assisted by a person of your choice, including an attorney, to present evidence, call witnesses, cross-examine witnesses, have your prior sexual history with persons other than the respondent(s) excluded from the hearing, have your prior mental health diagnosis and/or treatment excluded from the hearing, receive written notice of the outcome of the hearing, and to appeal from the decision.

• To participate in the investigative and disciplinary processes of the campus without interference with your civil rights or practice of religion.

Questions about CUNY’s sexual misconduct policy and procedures may be directed to your campus Title IX Coordinator [name and contact information here].

Information on resources and the process for filing a complaint is available on CUNY’s Title IX web page [link]

(Board of Trustees Minutes,2014,12-01,7,B. Amended: Board of Trustees Minutes,2015,10-01,6,B)

Policy 7.15 Student Government and University Student Senate :

1 Eligibility for The University Student Senate

In accordance with its policy making authority and responsibilities, the University Trustees have determined that satisfactory academic achievement and progress as a degree-seeking student at a college of the University is an essential prerequisite to holding and adequately fulfilling the responsibilities of student office.

It is the responsibility of the University, and its Trustees as fiduciaries, to insure that the educational and extracurricular programs of the University are operated in the best interests of students and all other affected constituencies of the University. The academic standards hereby adopted are considered essential for the personal well-being and academic progress of students who seek to take on the additional responsibility of student leadership, as well as for the students and other members of the University community.

The following guidelines apply to each semester a student is running for and/or holding office, whether by election, appointment, or ex-officio status, in student governments, the University Student Senate and other bodies. The positions subject to these guidelines are the members (senators, representatives, delegates, etc.) and officers of student governments, members of faculty-student disciplinary committees, members of the governing boards of college associations and auxiliary enterprise boards, members of allocating bodies of student activity fees, members of college governance bodies including college councils and senates, editors of student publications and officers and directors of radio and television stations, members of student elections review committees, members of personnel and search committees, members and alternate members of Board committees, and the chair, vice-chairs, the delegates, the alternates, and any other officers established by the University Student Senate. In these guidelines, credit hours refer to actual credit hours, and not equivalent or contact hours.

a) Students must be matriculated in a degree or credit-bearing certificate program at the college in which they serve or which they represent.

(i) Full-time undergraduate students must carry a minimum of 12 credit hours.

(ii) Part-time undergraduate students must carry a minimum of 6 credit hours.

(iii) Graduate students must carry a minimum of 3 credit hours.

(iv) In order to serve each semester, a student must have completed and earned passing grades in at least 50% of the credits for which they registered the prior semester, but in no event less than 3 credits.

(v) Full-time doctoral students at Levels II or III shall be making satisfactory progress and shall not be subject to subdivisions c and d hereof.

b) Undergraduate students must have a minimum cumulative grade point average of 2.0 and be in good standing to participate in student government, the University Student Senate and the other student leadership positions covered by these guidelines. Chief executive officers and the Chairperson of the University Student Senate must have a minimum GPA of 2.5. Colleges may continue to administer or adopt higher academic standards for service in their campus student government and the other student leadership positions covered by these Guidelines. As of the fall 2016 semester, any new adoption of higher standards must be approved by a two-thirds vote of the student government or a simple majority of the student body in a referendum, subject to approval by the Chancellor.

c) Transfer students shall have the right to be a candidate in elections for student leadership, student government and for delegate positions of the University Student Senate as long as they meet the minimum G.P.A requirement for the position.

d) Undergraduate students may not serve in any one of the following student leadership positions: as officers of student government, as members of the governing boards of college associations and auxiliary enterprise boards, as members of allocating bodies of student activity fees, as members of college governance bodies including college councils and senates, and editors of student publications and officers and directors of radio and television stations for more than a total of five years, to include no more than three years at community colleges. Students shall be permitted to serve in the same executive office in a student government.

e) Graduate students must have a minimum cumulative grade point average of 3.0. Law School students must have a minimum GPA of 2.5. Graduate students or Law students may not serve in student government and/or any other student leadership positions covered by these Guidelines for more than a total of five years. Graduate/Law students shall be permitted to serve in the same executive office in a student government, the University Student Senate or other student leadership position for a maximum of two years, except that Co-chairs of the Doctoral Student Council shall be limited to a maximum of three years.

f) Students may not serve in leadership positions at two or more CUNY institutions simultaneously but may hold a campus and USS position at the same time.

g) Any student who applies/petitions to graduate prior to the start of the Fall semester is ineligible to run for a leadership position in the Spring elections unless that student has been accepted into a graduate program at the same college or it is determined that the student will not have fulfilled the graduation requirements.

h) In order to participate in the University Student Senate, on Board committees, campus student governments or serve in the other student leadership positions covered by these Guidelines students must be certified as being in compliance with these Guidelines by the college president, or his/her designee, to the Vice Chancellor for Student Affairs.

2 Scheduling of Elections

Regular student government elections shall be held at each of the colleges beginning no earlier than 15 March, and ending no later than 30 April.

The newly elected student government(s), where such is the practice, shall elect delegates and alternate delegates to the USS no later than 10 August, if possible, from the elected members of the student government. Where delegates and alternate delegates are directly elected by their student bodies, such elections shall be held in conjunction with regular student government elections. The newly elected USS delegates and alternate delegates shall have a term of office that begins on 1 September and ends on 31 August and does not hold over after the expiration of their terms of office.

The college presidents shall certify the newly elected delegates and alternate delegates to the USS to the Vice Chancellor for Student Development, with respect to procedures and eligibility criteria, no later than ten days after the election.

Elections of officers of the USS shall be held in October, at least ten days prior to the scheduled October meeting of the Board of Trustees, for a term of office commencing on the day of the scheduled October meeting of the Board of Trustees. Officers of the USS are elected for terms of office ending on the day preceding the subsequent scheduled October meeting of the Board of Trustees, and do not hold over after the expiration of their terms of office. In the event there is no scheduled October meeting of the Board of Trustees, elections for officers shall be held at least ten days prior to the fourth Monday in October, for a term of office commencing on the fourth Monday in October.

Each community college and senior college without a graduate division shall have two delegates to the University Student Senate, one a day session student and one an evening session student. Each senior college with a graduate division shall have three delegates to the USS, one a day session student, one an evening session student, and one a graduate student. The Graduate School, the Law School, the Sophie Davis School of Biomedical Education, and the Graduate School of Journalism shall each have one delegate. If a college, for governance purposes, does not distinguish between day and evening students, it shall instead have two undergraduate student delegates.

Each college shall also elect alternate delegates for each allowed delegate. An alternate delegate may vote in the USS and count towards a quorum only when the specific delegate for whom the person is an alternate is absent. Where a college has two undergraduate delegates, a first alternate and a second alternate delegate shall be elected, to vote and count towards a quorum in that order in case one or both undergraduate delegates are not present.

All officers of the USS must be elected by the delegates. Only delegates and alternate delegates may run for and be elected to an office of the USS. If a delegate or alternate delegate has been elected as an officer of the USS and subsequently resigns or otherwise ceases to be a delegate or alternate delegate, the student will simultaneously forfeit his or her office in the USS, with the exception of the transitional period at the end of the one-year term of office from 1 September until the day of the scheduled October meeting of the Board of Trustees provided that the student meets all other eligibility criteria.

A quorum of the USS shall be one more than one half of the number of delegates that have been certified by the college presidents to the Vice Chancellor for Student Development. Only certified delegates, or certified alternate delegates when applicable, may vote at USS meetings.

The election of officers of the USS shall be managed by a non-partisan agency or organization, such as the League of Women Voters or the Honest Ballot Association, approved by the Vice Chancellor for Student Development. The selection of the Parliamentarian for the elections shall be effected by the University Student Senate after consultation with the Vice Chancellor for Student Development. The cost will be assumed by the USS and, in the event that the USS does not have sufficient funds, will be paid for by the administration.

In the event the office of Chair of the University Student Senate is vacated, another officer shall become interim Chair to serve until a new chair is elected by the delegates. The order of succession among the Vice Chairs of the USS shall be:

a) Legislative affairs

b) Graduate affairs

c) Senior college affairs

d) Community college affairs

e) Evening and part-time student affairs

f) International student affairs

g) Disabled student affairs

h) Fiscal affairs

Such succession shall occur only to the office of interim chair. The interim chair shall serve as chair for a period not to exceed forty-five calendar days or the unexpired portion of the term, whichever is shorter. At the end of the forty-five-day period, if the USS has failed to elect a chair, the Office of the Chair shall be vacant until it is filled by a vote of the student body. The eligibility of the interim chair shall be subject to the certification of the Vice Chancellor for Student Development.

In the event a student who is an officer of the USS graduates at the end of a semester, the student may continue to hold office until 1 February for the fall semester, or 1 September for the spring semester, following which date, the office shall be deemed vacated unless the student has enrolled in another degree program at the University prior to the applicable date. In addition, a student who is Chair and graduates at the end of the spring semester, or thereafter but prior to the scheduled October meeting of the Board of Trustees, may continue to hold the office of Chair until the completion of the term of office ending on the day preceding the October meeting of the Board of Trustees, even if the Chair does not enroll in another degree program at the University for the fall semester.

3 Absences

3.1 Excused Absences

An excused absence shall be an absence from any regularly scheduled USS meeting, for which the delegate or alternate delegate has filed five days advance written notification with the USS Chair and the chief student affairs officer of the affected college demonstrating good cause for not attending. In the case of a delegate, he or she must also notify the alternate delegate that he or she will not be attending the meeting. In the event of an emergency absence that precludes five days advance written notification, written or oral notification shall be given to the USS Chair as soon as possible, and application for an excused absence based upon emergency circumstances may be made to the Steering Committee.

3.2 Unexcused Absences

Delegates and alternate delegates to the USS from each college student body division may be removed by a majority vote of the USS for three consecutive unexcused absences at regularly scheduled USS meetings at the third such meeting, subject to review and certification by the Vice Chancellor for Student Development. If a quorum is not present at the regular USS meeting of the third consecutive unexcused absence, then removal may be by an affirmative vote of a majority of the full Steering Committee. Following each unexcused absence of both the delegate and alternate delegate for a student body division of a college, the delegate, alternate delegate, and the chief student affairs officer of the affected college shall be notified by the Chair of the USS, by regular mail, that the applicable student body division was not represented at the USS meeting and that three unexcused absences of the delegate or the alternate delegate may result in their removal. Where there are two undergraduate delegates from a college, this provision shall apply when there are unexcused absences for one or both of the undergraduate seats, by the notification of those delegates and alternate delegates who have unexcused absences and the chief student affairs officer of the affected college. The determination to remove a delegate may be appealed to the Vice Chancellor for Student Development within fifteen days of mailing of the determination by certified mail. The removal of a delegate pursuant to this provision shall be effective upon the expiration of the time to appeal to the Vice Chancellor for Student Development or the denial of such an appeal. A delegate or alternate delegate who is removed pursuant to this provision shall be ineligible to serve as a delegate or alternate delegate for a period of one year following the effective date of removal.

4 University Student Senate Elections Review Committee

There shall be a USS Elections Review Committee with responsibility for reviewing and certifying the results of elections for officers of the USS, in accordance with election procedures approved by the USS Elections Review Committee and the USS. Students may file appeals with the University Student Senate Elections Review Committee. The Committee shall adopt campaign rules, after considering the recommendations of the University Student Senate.

The Committee will consist of five members:

a) Two administrators appointed by the Chancellor

b) One faculty member elected by the University Faculty Senate

c) Two students elected by the USS, at least one of whom is a student government president who is not a member of the USS

The members of the Committee shall serve a term of one year. The Chair of the Committee shall be appointed by the Chancellor. The Committee shall issue rules on its procedures, and the filing and review of appeals.

5 Budget and Expenditures

The following Policy on Budget and Expenditure Procedures for the USS was approved

The fiscal year of the USS shall be from 1 January through 31 December.

Beginning with the fiscal year commencing on 1 January 1991, the budget for each fiscal year shall be adopted during the preceding month of December by the newly elected USS, which has taken office during the preceding September. At least ten days prior to the adoption of the budget in December, a budget hearing shall be held to which all delegates and student government presidents are invited to attend and speak. A notice of the budget hearing, including a copy of the proposed budget submitted by the newly elected chair of the USS, shall be circulated in advance of the budget hearing.

Modifications of the adopted budget may be made by the Steering Committee of the USS, under the following conditions:

a) The Steering Committee may only make modifications within sixty days of the last meeting of the USS at which a quorum was present, except following the May meeting during which modifications may be made within one hundred and twenty days.

b) Modifications shall be limited to a maximum increase or decrease of a budget line by twenty-five percent up to a maximum of $4,000 between meetings of the USS at which a quorum is present.

c) Modifications made by the Steering Committee shall be reported at the next meeting of the USS, and to the extent monies have not already been expended, the modifications shall also be subject to approval at the next meeting of the USS.

d) The Steering Committee consists of at least seven officers of the USS directly elected by the USS. In the event of a vacancy in an office, the outgoing officer shall have the right to make an appointment of a qualified interim officer, until a successor is elected by the USS. The designation of an interim successor shall be in writing to the Chair of the USS, shall be made no later than thirty days after the vacancy occurs, and shall be subject to certification of eligibility by the Vice-Chancellor for Student Development.

e) A quorum of the Steering Committee shall consist of at least a majority of the seats on the Steering Committee. This requirement will prevail regardless of whether or not all seats are filled.

In the absence of a budget approved by the USS by 1 January of each fiscal year, the Vice-Chancellor for Student Affairs and Special Programs shall authorize expenditures of a continuing nature for rent, utilities, essential staff, and other fixed overhead, and continuing contractual commitments.

The budget adopted by the USS shall, at a minimum, contain the line items set forth in this policy. Within the budget, staff salaries and student officer stipends shall be specifically lined out.

The appointment of personnel shall be subject to the approval of the full USS. Such personnel may serve based upon appointment of the Chair pending the next meeting of the full USS at which a quorum is present. Personnel shall not be appointed for a period extending beyond the following 1 November in order to permit the Chair taking office on the day of the October Board of Trustees meeting to recommend his or her own staff appointments.

Contractual commitments extending beyond the fiscal year of the USS shall require the approval of the full USS. The annual cost of all such commitments (e.g. space and car rentals, leases, etc.) shall not exceed fifteen percent of the USS budget.

Within the budget adopted by the USS, the Chair of the USS shall be able to make expenditures. The Vice-Chair for Fiscal Affairs of the USS, or his or her designee, shall make an itemized written report on expenditures and encumbrances to all the members of the USS on a monthly basis. Nothing herein, however, should be construed as limiting the amount of detail with which the USS may adopt a budget.

Within the budget adopted by the USS, expenditures over $3,000 shall require the specific approval of the Steering Committee. This requirement for Steering Committee approval shall apply to each item or service purchased, and to each individual traveling.

5.1 University Student Senate Budget Categories

The following are the budget categories for the University Student Senate:

a) Advertising

b) Albany Office Rent

c) Audit

d) Auto Expenses

e) Books/Subscriptions

f) College Work Study

g) Committee Activities

h) Conferences

i) Consultants

j) Equipment Rental

k) Equipment Repair and Maintenance

l) Facilities Repair and Maintenance

m) Fringe Benefits

n) Furniture and Equipment

o) Gasoline

p) Meeting Expenses

q) Memberships

r) Newspaper

s) Office Supplies

t) Personnel

u) Postage and Shipping

v) Printing

w) Research Foundation Overhead

x) Stipends

y) Telephone

z) Travel

aa) Utilities (Albany)

(Board of Trustees Minutes,1986,03-24,7,A; Board of Trustees Minutes,1987,01-26,7,A; Board of Trustees Minutes,1987,03-30,8,B; Board of Trustees Minutes,1990,03-26,7,A. Amended: Board of Trustees Minutes,1992,06-22,6,Y; Board of Trustees Minutes,1993,06-28,9,C; Board of Trustees Minutes,1993,11-22,7,B; Board of Trustees Minutes,1994,06-27,7,C; Board of Trustees Minutes, 1996,09-30,6,A; Board of Trustees Minutes,1998,10-26,8,A; Board of Trustees Minutes,2001,06-25,8,E; Board of Trustees Minutes,2003,05-27,9,B; Board of Trustees Minutes,2003,06-23,7,A; Board of Trustees Minutes,2005,06-27,8,B; Board of Trustees Minutes,2006,06-26,8,B; Board of Trustees Minutes, 2016,06-27,8)

Policy 7.156 Student Government – Stipends :

[T]he Board of Trustees of The City University of New York [shall] adopt the following amended policy on the payment of stipends to student leaders. The Board believes and intends that service as a student leader should be an educational experience. Recognizing the educational role of student leadership positions, the Board, while not encouraging the payment of stipends, believes some stipend payments to student leaders should be allowed within the parameters outlined below:

1. Stipend payments to student leaders shall be limited to two (2) years in the University, except:

a. A student leader elected to an office of the University Student Senate shall be allowed three (3) years of stipend payments, with no more than two (2) years of the payments as an officer of the University Student Senate.

b. A student who receives two (2) years of stipend payments as an undergraduate student leader, shall be permitted a third (3rd) year of stipend payments as a graduate student leader.

c. Co-chairs of the Doctoral Students’ Council at The Graduate School and University Center shall be permitted a third (3rd) year of stipend payments as a graduate student leader.

2. The amount of stipend payments to student leaders shall be limited as follows:

a. College student leaders shall be limited to a maximum of $5,134 effective July 1, 2017 or no more than $2,475 per semester effective July 1, 2017.

b. The Chairperson of the University Student Senate shall be limited to a maximum of $11,152 per year or no more than $5,576 per semester effective July 1, 2017.

c. Vice-chairpersons of the University Student Senate shall be limited to a maximum of $6,502.00 per year or no more than $3,251.00 per semester effective July 1, 2017.

d. Co-chairs of the Doctoral Students’ Council at The Graduate School and University Center shall be limited to a maximum equal to the minimum salary for the title of Graduate Assistant B.

3. No student leader shall for the same period receive more than one stipend, or be an employee of or receive any other compensation from a student activity fee allocating body.

4. The Chancellor or his or her designee shall, every two years, review the schedule of stipend payments, and report to the Board on any adjustments he or she recommends as being appropriate, in relationship to any changes in the Consumer Price Index (CPI).

(Board of Trustees Minutes,1983,04-25,7,B. Amended: Board of Trustees Minutes,1989,11-27,6,A; Board of Trustees Minutes,1994,02-22,7,A; Board of Trustees Minutes,1994,06-27,7,A; Board of Trustees Minutes,1996,05-28,8,A; Board of Trustees Minutes,1999,04-26,8,A; Board of Trustees Minutes,2002,02-25,8,A; Board of Trustees Minutes,2004,03-29,6,A; Board of Trustees Minutes,2012,06-25,7,C; Board of Trustees Minutes,2017,06-26,9,G)

Policy 7.16 Tuition Assistance for Families of World Trade Center Victims :

The Board of Trustees of The City University of New York hereby expresses its strongest support for Governor Pataki’s Executive Order 113 and related legislation to establish a World Trade Center Memorial Scholarship Program. (BTM,2001,09-24,010,__)

The World Trade Center Memorial Scholarship Program shall be consistent with the intent and spirit of Governor Pataki’s Executive Order 113 declaring a disaster emergency in New York State. (BTM,2001,09-24,010,__)

The Chancellor is hereby authorized to implement immediately and to the fullest extent possible a World Trade Center Memorial Scholarship Program for the University. This program shall provide scholarships to the spouses and children of the innocent victims, who died or were severely disabled as a result of the terrorist attacks of 11 September 2001, on the United States of America; and to the spouses and children of the innocent victims, who died or were severely disabled during the on-going rescue and recovery efforts, including the children and spouses of firefighters, police officers, peace officers, and emergency medical services workers. Scholarships will also be provided to victims, who themselves were severely disabled as a consequence of the terrorist attacks of September 11, 2001, and ensuing rescue and recovery efforts. Such scholarships shall cover the cost of tuition, fees, books, supplies, transportation, and room and board, if applicable, for four years of full-time, undergraduate study or for five academic years of a program of undergraduate study as defined by the Commissioner of Education. Such scholarships shall be available to New York and non-New York residents and residents and non-residents of the United States who are matriculated students of the University. (BTM,2001,09-24,010,__)

Policy 7.17 This Policy Number Not in Use :

This policy number not in use.

Policy 7.18 Voter Registration :

The colleges of The City University of New York shall each develop a plan to provide the opportunity for voter registration as a part of the student registration process, consistent with campus administrative practices and schedules and in consultation with the Office of Student Affairs and the Office of Legal Affairs. (BTM,1987,05-26,010,_A)