Manual of General Policy
ARTICLE VII STUDENTS
Policy 7.1 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 7.2 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 7.2a 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 7.3 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 7.4 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 7.4a 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 7.4b 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 7.5 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 7.6 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 7.7 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 7.8 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 7.9 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 7.10 Military Service
1 Students Called to Active Duty
A student who is called to active duty in the armed forces of the United States after having attended regularly thirteen or more weeks or having completed eighty-five percent of the term's work through acceleration may be given full credit for each course in which he or she has a grade of C or better. The final grade in each course credited in accordance with the foregoing provision shall be the grade at the time of his or her leaving for military service. (BTM,1952,04-21,013,__)
The appropriate committee or other designated authority shall be empowered to grant the remaining number of credits required for graduation to a member of the graduating class who lacks not more than twelve credits in elective courses to complete the requirements for the degree and who is called to active duty in the armed forces of the United States. Such credit may, however, be denied to a student who, under existing regulations, has received credit for uncompleted courses. (BTM,1952,04-21,013,__)
It shall be University policy for colleges to encourage students who enter military service to maintain their status as students by availing themselves of such opportunities as may be offered them (by the colleges, by other accredited colleges, and/or by service agencies) to continue their studies while in the armed forces. (BTM,1952,04-21,013,__)
2 Admissions and Readmission
The colleges should accept every veteran who applies and qualifies for admission. (BTM,1952,04-21,013,__)
A veteran presenting fourteen of the sixteen units required for admission who is deficient in not more than three of the prescribed units, provided he or she is otherwise qualified, may be admitted and may receive credit towards his or her degree for the work he or she takes in college to satisfy his or her entrance conditions. (BTM,1952,04-21,013,__)
Veterans whose secondary school preparation has been inadequate in terms of scholarship, entrance units, or both, should be considered for admission as non-matriculated students and should be matriculated subsequently, if the record of achievement in the college justifies such action. (BTM,1952,04-21,013,__)
Readmission with a probationary or non-matriculate program should be granted to the veteran who was a former student with an unsatisfactory scholastic record. (BTM,1952,04-21,013,__)
3 Evaluating Criteria
College credits may be allowed up to a maximum of eighteen in specific subject matter areas for the satisfactory completion of USAFI courses. Furthermore, efforts should be made to set up facilities in the colleges to test competence and allow credit therefore when requested by those students who have not had an opportunity to submit to the USAFI examinations. (BTM,1952,04-21,013,__)
Credit for educational experiences in the armed forces may be evaluated in terms of the degree toward which the veteran is working, and may be awarded for courses offered in the curriculum of any accredited college as well as areas that might be considered part of a potential curriculum of an accredited college. (BTM,1952,04-21,013,__)
The stated course requirements for the degree may be modified in the case of the veteran. Such adjustments should be made in consideration of the special justification in the individual case and without weakening the essential import of the degree or certification for which the veteran is a candidate. (BTM,1952,04-21,013,__)
A maximum allowance of twelve credits for military experience may be granted the veteran who has been in the service for six months or more, and a maximum allowance of six credits for the veteran who has been in service for more than 90 days but less than six months. The granting of this credit shall not deprive the veteran of taking the total number of credits required for his or her degree. (BTM,1952,04-21,013,__)
The acceptance of credit for both educational and military experience should be permissive with the veteran. (BTM,1952,04-21,013,__)
4 Special Registration Procedures
The veteran who re-enters at any time during the term should be given the opportunity to audit courses without credit. Fees will be waived except for non-matriculated students. (BTM,1952,04-21,013,__)
The veteran who returns after the completion of the normal registration period may be permitted to enroll without late fee for credit either in regular courses or in special tutorial courses, or a combination of both. (BTM,1952,04-21,013,__)
5 Admission of Veterans
5.1 Matriculation Procedures
All student veterans whose high school averages qualified them to enroll as matriculated students, but who were enrolled as non-matriculated students because of their failure to meet the previous admissions application deadlines are to be fully matriculated effective. (BTM,1975,01-27,002,_B)
5.2 Late Admission
All veterans of the U.S. Military Service with no previous college experience will be permitted to file matriculation applications at any time prior to the date that registration is scheduled to begin and that the normal University-established dates for filing such applications shall not apply. (BTM,1975,01-27,002,_B)
In the event the filed application is lacking in supporting data at the time of scheduled registration, the veteran, subject to space limitation, shall be admitted as a conditional matriculant pending receipt of such supporting data, provided, however, that the veteran has presented evidence of a high school diploma or equivalent. (BTM,1975,01-27,002,_B)
Upon receipt of the supporting documentation to complete the application, the veteran shall be placed in full matriculation if he or she meets the admission requirements of the college or if he or she has met the college's academic standards for continued matriculation at the end of the aforementioned semester. (BTM,1975,01-27,002,_B)
Veterans admitted in accordance with the foregoing resolutions will forfeit their matriculated status if they should fail to provide the documentation required by the college in order to complete the admissions application or if they fail to meet the college's academic standards for continued matriculation. (BTM,1975,01-27,002,_B)
6 Reinstatement Without Penalty
With reference to students in good standing whose enrollment is interrupted by military service or by absence from college due to refusal to serve in the armed forces, the University will continue its long-established policy of readmitting students without prejudice arising from such absence. (ACM,1968,p061)
7 Graduate Work for Veterans
The following procedures are designed to assist the man or woman now in the Armed Forces who wishes to commence or resume studies on the graduate level upon return to civilian life. (BTM,1945,06-18,004,__)
Subject to approval of the appropriate graduate authority to be designated by the President of each college, a senior may be admitted provisionally as a graduate student, including in the program of study some courses that will count toward the Bachelor's degree and others that will count toward the Master's degree. Admission to the graduate course of study will be confirmed as soon as the Bachelor's degree is confirmed. (BTM,1945,06-18,004,__)
If there is a reasonable likelihood that the requirements for the Bachelor's degree have been completed, a veteran may be permitted to commence graduate studies, pending the evaluation of work completed while in service. (BTM,1945,06-18,004,__)
Subject to the approval of the appropriate graduate authority, courses prerequisite to the Master's degree may be completed through the Armed Forces Institute and the colleges cooperating with the Institute program. Likewise, appropriate work completed in a formalized educational program in the Armed Services may be used to fulfill such requirements. (BTM,1945,06-18,004,__)
Corresponding courses completed through the Armed Forces Institute and in cooperating colleges may be credited toward the Master's degree up to a maximum of six credits, subject to the approval of the appropriate graduate authority. It is recognized that in some fields of study fewer than six credits will be acceptable or even that no credit will be allowed. (BTM,1945,06-18,004,__)
On the basis of graduate work taken elsewhere the appropriate graduate authority may excuse the veteran from earning in residence as much as one half of the course credits required for the Master's degree. This provision is not to be construed as exempting the veteran from other requirements for the degree. A thesis or a comprehensive examination or both will be required of all candidates. (BTM,1945,06-18,004,__)
The veteran who is unable to obtain a full graduate program at any one city college because of insufficient course offerings shall be permitted to round his or her program at one of the other city colleges with courses approved by his or her graduate authority. (BTM,1945,06-18,004,__)
8 Admission and Fees for Enlisted Military Personnel
Enlisted personnel in the Armed Forces of the United States shall be admitted to courses given in the colleges provided there is a vacancy in the course desired and provided also that the applicant has completed the prerequisites for that course. (BTM,1952,11-17,012,__)
The Board of Trustees shall extend to such military personnel the same privileges in respect to fees as those granted residents of the City of New York. (BTM,1952,11-17,012,__)
9 Fees for All Military Personnel and their Families, Stationed in New York State
For the purposes of calculating tuition and fee charges, members of the Armed Services of the United States stationed in New York State, their spouses, and their dependent children, are to be considered as residents of New York State. (BTM,1987,06-29,004,_Z)
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 7.11a. Residence Hall Disciplinary Procedures
1 Introduction
These procedures are intended to apply to all CUNY owned and/or operated residence halls, including those operated by CUNY and those operated by a private company on behalf of CUNY. The purpose of these procedures is to protect the health and safety of the entire residence hall community by providing 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. (BTM,2009,06-22,007,_B)
2 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, including College rules governing appropriate conduct in the residence hall. Students who violate their College'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. (BTM,2009,06-22,007,_B)
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"). (BTM,2009,06-22,007,_B)
3 Emergency Situations
3.1 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 resident may be removed 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. (BTM,2009,06-22,007,_B)
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 resident shall 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. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
3.2 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. 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. (BTM,2009,06-22,007,_B)
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) should be taken as soon as soon as practicable, and in no event later than the time deadlines outlined in the applicable policy. (BTM,2009,06-22,007,_B)
4 Disciplinary Process in the Residence Hall
4.1 Role of the Residence Hall Peer Review Board
Whether its residence hall is managed by a CUNY college directly or by a private company, each college is encouraged to establish a Residence Life Peer Review Board ("Peer Review Board") in its residence hall, comprised of students who live in the residence hall, which will play a significant role in the internal disciplinary process. The Peer Review Board process provides the opportunity for students to function as leaders in their residential communities and offers accused students the opportunity to have their behavior evaluated by their peers. The college shall determine whether to establish a Peer Review Board after consulting with the elected student representatives or officers of the residence hall association, or if there are no elected student representatives or officers of the residence hall association as of June 1 of the prior academic year, then with the elected student representatives or officers of the student government organization (hereinafter "Elected Student Representatives or Officers"). If the college establishes a Peer Review Board, it must, in consultation with the Elected Student Representatives or Officers, establish a selection and training process for Peer Review Board members, with requirements for a minimum GPA consistent with the College's requirements for Student Government representatives. (BTM,2009,06-22,007,_B)
The Peer Review Board's role will be to preside at internal residence hall disciplinary hearings, if practicable. The Peer Review Board members will be advised and supported by a professional staff member of the residence hall. That advisor will review the recommendations of the Peer Review Board after each hearing, particularly the sanctions recommended, as discussed below. (BTM,2009,06-22,007,_B)
The Peer Review Board will adjudicate at a hearing if its members have been selected and trained, and if the hearing can occur in a timely fashion during the semester (and not during exam, break or holiday periods). If the Board is unavailable to adjudicate, the Residence Hall Director or designee will preside. (BTM,2009,06-22,007,_B)
4.2 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 whose responsibilities will include oversight of the residence hall internal disciplinary process. The Residence Hall Director ("RHD") or designee will conduct investigations of complaints and conciliation conferences and will also either advise the Peer Review Board during disciplinary hearings or will conduct those hearings if it is impracticable for the Peer Review Board to do so. (BTM,2009,06-22,007,_B)
5 Disciplinary Procedures
5.1 Complaint and Investigative Process
A complaint may be submitted by anyone, including resident advisors ("RAs"), residence hall staff, or other students 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. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
After the investigation has been completed, the RHD or designee will determine if residence hall, CUNY and/or College policy was violated. If so, the RHD or designee will refer the incident for informal conciliation 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 further action under Article XV of CUNY's Bylaws or, if applicable and appropriate, the Medical Withdrawal Policy. (BTM,2009,06-22,007,_B)
5.2 The Conciliation Process
The first step in the conciliation process ordinarily should be a meeting between the accused student and the RHD or designee. In cases involving minor infractions, a policy clarification notice letter may be sent in lieu of initiating the conciliation process. Should the student wish to contest the policy clarification letter and have a Conciliation Conference instead, the student must send a written request for a Conference to the RHD within five business days from receipt of the policy clarification letter. (BTM,2009,06-22,007,_B)
The RHD or designee will conduct the Conciliation 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 a Conciliation Conference. 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. Third, if the student effectively demonstrates that the investigation's findings are incorrect, the allegations may be dismissed as unfounded. (BTM,2009,06-22,007,_B)
Failure to attend an assigned Conciliation Conference may result in the student's being charged with an additional violation of residence hall rules and the scheduling of a disciplinary hearing. (BTM,2009,06-22,007,_B)
5.3 Disciplinary Hearing
5.3.1 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 five business days notice of the date of the hearing. (BTM,2009,06-22,007,_B)
5.3.2 Summary of Student Procedural Rights at the Hearing
The right to a confidential, closed hearing. (BTM,2009,06-22,007,_B)
The right to present the student's version of the incident. (BTM,2009,06-22,007,_B)
The right to present witnesses and documentary evidence on the student's behalf. (BTM,2009,06-22,007,_B)
The right to cross-examine witnesses presenting evidence at the hearing. (BTM,2009,06-22,007,_B)
The right to receive copies of documents introduced into evidence at the hearing. (BTM,2009,06-22,007,_B)
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 Peer Review Board or Hearing Officer, as applicable. The advisor must indicate relevant professional affiliation (if any), as well as name and relationship to the accused student. RAs are not permitted to serve as advisors to accused students. The process will not be delayed due to the unavailability of an advisor. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
The right to a written decision based on a preponderance of the evidence. (BTM,2009,06-22,007,_B)
The right to appeal a determination after a hearing. (BTM,2009,06-22,007,_B)
5.3.3 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, adjudicator(s) have considerable discretion with respect to procedural requirements so as to facilitate a fair and expeditious decision. (BTM,2009,06-22,007,_B)
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 accused student. The Peer Review Board must select three members to hear each case and one of the three as chairperson to preside at the hearing. The case against the accused student will be presented by the RHD or designee. (BTM,2009,06-22,007,_B)
The chairperson of the Peer Review Board (or Hearing Officer) will inform the accused student 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. (BTM,2009,06-22,007,_B)
If the accused student 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 Peer Review Board, or Hearing Officer, as applicable, 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. (BTM,2009,06-22,007,_B)
5.3.4 Witnesses
The accused student and Peer Review Board or Hearing Officer, as applicable, may request the presence of relevant witnesses. In sensitive cases, including but not limited to harassment or assault, the Peer Review Board or Hearing Officer, as applicable, may choose not to request the presence of the alleged victim at the hearing, particularly when there are independent witnesses to the alleged harassment or assault. (BTM,2009,06-22,007,_B)
Witnesses may participate in the judicial process by answering questions posed during the hearing or by providing a signed statement to the RHD or the Peer Review Board or Hearing Officer, as applicable. Witnesses will be asked to affirm that their statements are truthful. Questions may be posed to witnesses by Peer Review Board members or the Hearing Officer (as applicable), the accused student, and the staff member presenting the case against the student. (BTM,2009,06-22,007,_B)
5.3.5 Documentary Evidence
Accused students 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 hall. Except in emergency situations or for other good cause, requested copies will be provided to an accused student prior to a disciplinary hearing on that student's case. However, redactions will be made to the copies if required by law. (BTM,2009,06-22,007,_B)
5.3.6 Determination
a. Responsibility
Once all of the evidence is presented, the hearing will be adjourned for the Peer Review Board, or the Hearing Officer, as applicable, 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 accused student was responsible for a violation. A simple majority of the three Peer Review Board members hearing a case may recommend a determination and sanctions. That recommendation on responsibility and sanctions will be reviewed by the Peer Review Board's advisor, who may make adjustments as necessary to ensure that the sanctions are appropriate. (BTM,2009,06-22,007,_B)
A written decision will be issued and appropriate sanctions, if any, imposed, within seven business days from the date of the hearing. The decision will be sent by the RHD by regular mail to the accused student's residence hall mailbox or delivered by hand to the accused student's room and to the student's college e-mail address. In the event that the accused student 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. (BTM,2009,06-22,007,_B)
b. Sanctions
Students who are found responsible for a violation(s) may be subject to one or more sanctions. Accused students may also agree to sanctions in order to resolve a case during the conciliation process. The following is a list of possible sanctions. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
Censure: Written reprimand for violation of a specified rule. (BTM,2009,06-22,007,_B)
Loss of Privileges: Exclusion from participation in privileges for a specified period of time, including possible exclusion from certain areas of the residence hall. (BTM,2009,06-22,007,_B)
Relocation: Interim or permanent relocation to another room/location within the hall. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
Denial of renewal: Denial of renewal option for future residence at the hall. (BTM,2009,06-22,007,_B)
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. (BTM,2009,06-22,007,_B)
Expulsion: Permanent separation of the student from the residence hall and termination of a student's housing or license agreement, as applicable. (BTM,2009,06-22,007,_B)
5.4 Appeal
Students found responsible for violations after a disciplinary proceeding may submit a written appeal (via their email account or by regular mail) to the RHD. 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. (BTM,2009,06-22,007,_B)
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 (BTM,2009,06-22,007,_B):
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). (BTM,2009,06-22,007,_B)
The factual findings are "clearly erroneous" based on the evidence presented. (BTM,2009,06-22,007,_B)
There was a substantial procedural irregularity. (BTM,2009,06-22,007,_B)
The sanctions imposed are grossly disproportionate to the violation. (BTM,2009,06-22,007,_B)
The Appeal Officer will be the RHD, as long as he or she was not involved in an earlier stage of the proceedings at the Hearing or Conciliation Conference, 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. The Appeal Officer may, in his or her discretion, 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, 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 seven business 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. (BTM,2009,06-22,007,_B)
If and only if the sanction imposed is suspension or expulsion from the residence hall, a further appeal to the College's President will be permitted on any of the grounds listed above. That appeal must be received by the College's President no later than fourteen business days from the date of receipt of the Appeal Officer's decision on appeal. The College's President should issue a decision within fourteen business days from the date of receipt of the Appeal. (BTM,2009,06-22,007,_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 Senior Citizen Audit Program
The Board of Trustees of The City University of New York authorizes the senior colleges to permit residents of New York State sixty years of age and older to enroll in undergraduate courses, on an audit basis without tuition charge and without credit, on a space-available basis. Individuals who enroll shall be charged an administrative fee, the student consolidated services fee, as well as any other fees they may incur. They shall not be charged student activity fees or application fees. (BTM,1995,09-27,002,_D)
The Board of Trustees authorizes the Chancellor to make such revisions as may be necessary to The City University of New York Tuition and Fee Manual to implement this resolution. (BTM,1995,02-27,004,_I)
This policy shall supersede all other resolutions, administrative policies and/or directives regarding senior citizen waivers at the senior colleges. (BTM,1995,02-27,004,_I)
Policy 7.14a Sexual Assault, Stalking and Domestic and Intimate Partner Violence Against Students
1 Policy Statement
The City University of New York seeks to create and maintain a safe environment in which all members of the University community—students, faculty and staff—can learn and work free from the fear of sexual assault and other forms of violence. The University's policies on Workplace Violence and Domestic Violence and the Workplace apply to all acts of violence that occur in the workplace or that may spill over into the workplace. The University's Sexual Harassment Policy prohibits many forms of unwelcome conduct, including but not limited to, physical conduct of a sexual nature. This policy is specifically directed towards sexual assault, domestic and intimate partner violence and stalking committed against students on and off-campus. (BTM,2010,06-28,007,_F)
CUNY wants all victims of sexual assault, stalking and domestic and intimate partner violence to know that the University has professionals and law enforcement officers who are trained in the field to assist student victims in obtaining help, including immediate medical care, counseling and other essential services. If the perpetrator is also a member of the CUNY community, the college will take prompt action to investigate, and, where appropriate, to discipline and sanction the perpetrator. CUNY urges all victims to seek immediate help in accordance with the guidelines set forth in this policy with the assurance that all information received from a complaint will be handled as confidentially as possible. (BTM,2010,06-28,007,_F)
In order to eliminate sexual assaults and other forms of violence perpetrated against students, and to create a safe college community, it is critical to provide an appropriate prevention education program and have trained professionals to provide vital supportive services. (BTM,2010,06-28,007,_F)
Accordingly, CUNY is committed to the following goals (BTM,2010,06-28,007,_F):
Providing clear and concise guidelines for students to follow in the event that they or someone they know have been the victim of a sexual assault, domestic/intimate partner violence, or stalking. (BTM,2010,06-28,007,_F)
Assisting victims of sexual assault or abuse in obtaining necessary medical care and counseling, whether on or off-campus. (BTM,2010,06-28,007,_F)
Providing the most informed and up-to-date education and information to its students about how to identify situations that involve sexual assault, domestic and intimate partner violence, or stalking, and ways to prevent these forms of violence. (BTM,2010,06-28,007,_F)
Educating and training all staff members, including counselors, public safety officers and student affairs staff and faculty, to assist victims of sexual assault, domestic/intimate partner violence, or stalking. (BTM,2010,06-28,007,_F)
Ensuring that disciplinary procedures are followed in the event that the alleged perpetrator is a CUNY student or employee. (BTM,2010,06-28,007,_F)
2 Procedures for Reporting Incidents of Sexual Assault and Other Forms of Violence
Obtaining assistance after a student is sexually assaulted, stalked or is in an abusive relationship is extremely important and can involve different points of on-campus contact for students, faculty and staff, including the Public Safety Department, Women's/Men's Centers and Counseling Departments, and/or the Dean of Student Development/Student Affairs. Each provides different forms of assistance which together address many of the needs of survivors. (BTM,2010,06-28,007,_F)
2.1 Contact Law Enforcement Personnel Immediately
CUNY urges any student who has been the victim of a sexual assault or other act of violence or abuse, or any student or employee who has witnessed a sexual assault or other act of violence against a student, to immediately report the incident to the college Public Safety Department if the attack occurred on-campus, or to call 911 or go to the local NYPD precinct if the incident took place off-campus. Each college shall be provided with a list of emergency contact numbers as part of its orientation and training programs. (BTM,2010,06-28,007,_F)
2.2 Seek Immediate Medical Attention
It is critical that victims of a physical assault receive comprehensive medical attention as soon as possible. For a sexual assault in particular, immediate treatment and the preservation of evidence of the attack (i.e. retain the clothing worn during the attack and do not shower) is crucial to a criminal investigation. If a student believes that she/he may be the victim of date rape by being drugged, she/he should go directly to a hospital to receive a toxicology examination since such drugs only remain in a person's system for a short period of time. In all other circumstances, public safety and police personnel can assist the victim in obtaining medical care. Each college shall be provided with a list of local hospitals, some of which are designated as SAFE (Sexual Assault Forensic Examiner) hospitals that are specially equipped to handle sexual assaults and are trained to gather minute evidence from such assaults. Rape crisis advocates at emergency rooms are also trained to handle domestic violence. EMS will be directed to bring victims to a SAFE hospital at their request. Medical attention is critical not only to treat internal and external injuries and to combat the possibilities of sexually transmitted infections and/or pregnancy, but also to collect evidence that can be used against the alleged perpetrator. It is also vital to ongoing safety and recovery that victims receive emotional support and professional counseling as soon as possible after the attack. (BTM,2010,06-28,007,_F)
2.3 Seek On-Campus Assistance
CUNY encourages student victims to contact the Dean of Student Affairs/Student Development to obtain assistance in accessing medical and counseling services, or to make any necessary changes to the student's academic program or residential housing situation. Public Safety can assist victims getting to and from campus safely, filing a police report and obtaining an order of protection against the perpetrator. Victims can also file a complaint with the College against a perpetrator who is a student or employee of the University with the Dean of Student Affairs/Student Development and the Public Safety Office. (BTM,2010,06-28,007,_F)
2.4 Obtaining an On-Campus Advocate
Student victims of a sexual assault, stalking or domestic or intimate partner violence shall be provided with on-campus support in the form of an advocate from the Women's/Men's Center (if there is one on campus) or an appropriately trained counselor to assist them in handling the various aspects of their ordeal, such as: 1) explaining to victims their options of whether or not to report the incident to campus or law enforcement authorities; 2) providing guidance if they require medical attention; 3) providing guidance in obtaining crisis intervention and/or ongoing counseling services (or a referral to obtain the necessary services if such services are not available on campus); and 4) assisting victims throughout the College's disciplinary process if they choose to file a complaint against another student in connection with the incident. (BTM,2010,06-28,007,_F)
2.5 Handling Sexual Assault, Stalking and Domestic and Intimate Partner Violence Complaints On-Campus
The Colleges shall act promptly in response to information that a student has been sexually assaulted, or has been the victim of domestic or intimate partner violence or stalking by another member of the CUNY community. Upon receipt of a complaint, the College shall undertake an appropriate investigation. If it appears that there is sufficient evidence to warrant disciplinary charges against a student or staff member, such charges shall be brought pursuant to the appropriate University procedures or collective bargaining agreement. If the perpetrator is a student and the matter is brought before a hearing, the victim and alleged perpetrator are entitled to the same opportunities to have others present and to be informed of the outcome of the proceedings. The victim is entitled to a report of the results of the proceeding at her/his request. If a student is found guilty of committing a sexual assault or other act of violence against another CUNY student or employee after a disciplinary hearing, the penalties may include suspension, expulsion from residence halls, or permanent dismissal from CUNY. (BTM,2010,06-28,007,_F)
In addition, if during the course of the investigation and/or disciplinary process the perpetrator, or anyone on his/her behalf, seeks to contact the victim so as to harass, intimidate, threaten or coerce the victim in any way, the College reserves the right to bring additional disciplinary action against the actor. Such conduct by any member of the CUNY community will not be tolerated. (BTM,2010,06-28,007,_F)
2.6 Confidentiality
The University recognizes that confidentiality is particularly important to victims of sex crimes, domestic and intimate partner violence and stalking. If the victim seeks counseling with a licensed professional and/or works with an advocate from the campus, those communications will be confidential. CUNY encourages victims in all circumstances to seek counseling in order to speak about her/his options and to begin the recovery period. (BTM,2010,06-28,007,_F)
While complete confidentiality cannot be guaranteed, every effort will be made to maintain confidentiality on a "need to know" basis. Generally, the wishes of a victim not to report a sexual assault or incident of domestic/intimate partner violence or stalking to the police will prevail, though the College reserves the right to notify the police when it believes that such reporting is necessary for the protection of the College community. Such notification, however, will generally be done without divulging the victim's identity and for the purpose of providing a campus-wide safety alert. In addition, the College must adhere to legal mandates such as Title IX, medical reporting laws, and the Campus Security Act. For example, CUNY is required to make an annual report documenting the occurrences of violent crimes on campus, including sexual assault. However, this report does not include any information identifying the individuals (including the victims) linked to these crimes. (BTM,2010,06-28,007,_F)
3 Implementation of the Policies and Procedures Concerning Sexual Assault and Other Forms of Violence Against Students
The President and Vice President for Student Affairs/Student Development of each college shall be responsible for implementing this policy in accordance with the most up-to-date information and resources pertaining to sexual assault, stalking and domestic/intimate partner violence education and prevention, and victim assistance. The following steps must be taken to implement this policy (BTM,2010,06-28,007,_F):
3.1 Publication:
A copy of this policy shall be easily accessible on the CUNY website and on the website administered by each College. A summary shall also be incorporated into every College student handbook. In addition, copies of the policy and procedures shall be made available in student centers, residence halls, student affairs/student development offices, women's/men's centers, counseling centers, health clinics and public safety departments, and shall be distributed to all new students during orientations. (BTM,2010,06-28,007,_F)
3.2 Prevention/Risk Reduction Education:
Each College shall develop materials and programs to educate its students, faculty and staff on the nature, dynamics, common circumstances and effects of sexual assault, domestic/intimate partner violence and stalking, and the means to reduce their occurrence and prevent them. Prevention education should provide up-to-date and relevant information, such as education pertaining to bystander intervention, the importance of peer networks and the significance of fostering a community of responsibility. (BTM,2010,06-28,007,_F)
Prevention education materials and programs shall be incorporated into campus orientation activities for all incoming undergraduate and graduate students (including transfers), and shall be made available to all student activity groups, clubs and athletic teams. In addition, all residence halls shall have a mandatory orientation on sexual assault, stalking and domestic/intimate partner violence prevention. Colleges are encouraged to assist in the organization of peer education groups and to provide resources to such groups so that the groups can provide training and outreach to other students throughout the academic year. Since the abuse of alcohol is frequently involved in occurrences of sexual assault and other forms of violence, it is important that the education program include education about the deleterious effects of alcohol abuse. (BTM,2010,06-28,007,_F)
3.3 Professional Training:
Each College shall provide periodic training relating to the prevention and handling of sexual assaults, stalking and domestic/intimate partner violence for all relevant personnel, including public safety officers, counselors, student affairs staff and residence hall assistants by experts trained in the field. Education and training shall also be made available to any interested faculty and staff member. Each campus must have at least one qualified staff or faculty member serve as a designated liaison and trainer. (BTM,2010,06-28,007,_F)
3.4 Oversight by CUNY Central Administration:
The University Vice Chancellor for Student Affairs shall monitor compliance with this policy at all of the campuses, shall review the policies and procedures on an annual basis, and shall make recommendations in the event that updates to prevention and education information are necessitated. In addition, the Office of the Vice Chancellor for Student Affairs shall provide educational materials that may be needed to ensure full implementation of this policy on every campus. Liaisons will be identified from each campus who will receive standardized training in order to fulfill their responsibilities on their campuses. The policies, procedures and outreach materials and programs will be subject to a periodic process of assessment in order to maintain efficacy. (BTM,2010,06-28,007,_F)
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 City University of New York 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. (BTM,2006,06-26,008,_B)
It is the responsibility of the University, and its Trustees as fiduciaries, to ensure 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. (BTM,2006,06-26,008,_B)
The following rules 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 (USS), 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, 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 USS. In this policy, credit hours refer to actual credit hours, and not equivalent or contact hours. (BTM,2006,06-26,008,_B)
a) Students must be matriculated in a degree or credit-bearing certificate program at the college in which they serve or which the represent. (BTM,2006,06-26,008,_B)
(i) Full-time undergraduate students must carry a minimum of twelve credit hours. (BTM,2006,06-26,008,_B)
(ii) Part-time undergraduate students must carry a minimum of six credit hours. (BTM,2006,06-26,008,_B)
(iii) Graduate Students must carry a minimum of three credit hours and/or be certified part-time. (BTM,2006,06-26,008,_B)
(iv) In order to serve each semester, a student must have completed and earned passing grades in at least fifty percent of the credits for which he or she registered the prior semester, but in no event fewer than three credits. (BTM,2006,06-26,008,_B)
(v) Full-time doctoral students at Levels II or III shall be making satisfactory progress and shall not be subject to the above requirements. (BTM,2006,06-26,008,_B)
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 USS, and the other student leadership positions covered by these guidelines. Chief executive officers and the Chairperson of the USS must have a minimum GPA of 2.5. Colleges may continue to administer or adopt higher academic standards for service in their campus student governments and the other student leadership positions covered by these Guidelines, subject to approval by the Chancellor. (BTM,2006,06-26,008,_B)
c) Graduate students must have a minimum cumulative grade point average of 3.0. Law School students must be in good standing. (BTM,2006,06-26,008,_B)
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, or the USS, or other student leadership position for a maximum of two years, except that co-chairs of the Doctoral Students Council shall be limited to a maximum of three years. (BTM,2006,06-26,008,_B)
e) In order to participate in campus student governments or serve in the other student leadership positions covered by this policy, students must be certified to the college president as being in compliance with this policy by the college's chief student affairs officer. (BTM,2006,06-26,008,_B)
f) In order to participate in the USS or on Board of Trustees committees, students must be certified to the Vice Chancellor for Student Development by the college President, or his or her designee as being in compliance with this policy. (BTM,2006,06-26,008,_B)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2005,06-27,008,_B)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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 (BTM,2003,05-27,009,_A):
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,2003,05-27,009,_A)
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. (BTM,1996,09-30,006,_A)
The Committee will consist of five members (BTM,1996,09-30,006,_A):
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. (BTM,1996,09-30,006,_A)
5 Funding
5.1 Regular Semester Fee
A University Student Government Fee of eighty-five cents per regular semester—not including summer sessions—is to be paid by all students at the University, and shall be allocated by the USS in accordance with the requirements of the Fiscal Accountability Handbook and applicable Board of Trustees resolutions. (BTM,1993,11-22,007,_A)
Seven percent of this University Student Government Fee shall be earmarked for the CUNY Athletic Conference to be spent with the approval, and under the supervision of, the USS and the Vice Chancellor for Student Affairs. (BTM,1993,11-22,007,_A)
Ten percent of this University Student Government Fee shall be earmarked for academic scholarships that are to be awarded under criteria and procedures developed by USS and authorized by the Vice Chancellor for Academic Affairs. (BTM,1993,11-22,007,_A)
5.2 Summer Session and Intersession Fees
The University Student Government fee of eighty-five cents per regular semester shall also be imposed during summer sessions and intersessions where a college student activity fee is charged. (BTM,1996,09-30,006,_B)
Fifteen percent of the University Student Government fee for summer sessions and intersessions shall be earmarked for the CUNY Athletic Conference to be spent with the approval, and under the supervision, of the University Student Senate and the Vice Chancellor for Student Development. (BTM,1996,09-30,006,_B)
The Board of Trustees shall consider repeal of the fees upon request of two-thirds of the approved student governments. (BTM,1978,03-27,004,_A)
6 Budget and Expenditures
The following Policy on Budget and Expenditure Procedures for the USS was approved (BTM,1990,03-26,007,_A):
The fiscal year of the USS shall be from 1 January through 31 December. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
Modifications of the adopted budget may be made by the Steering Committee of the USS, under the following conditions (BTM,1990,03-26,007,_A):
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
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. (BTM,1990,03-26,007,_A)
6.1 University Student Senate Budget Categories
The following are the budget categories for the University Student Senate (BTM,1990,03-26,007,_A):
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)
Policy 7.15f 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 $4,490 per year effective July 1, 2012 and $4,950 per year effective July 1, 2013 or no more than $2,245 per semester effective July 1, 2012 and $2,475 per semester effective July 1, 2013.
b. The Chairperson of the University Student Senate shall be limited to a maximum of $9,752 per year effective July 1, 2012 and $10,754 per year effective July 1, 2013 or no more than $4,876 per semester effective July 1, 2012 and $5,377 per semester effective July 1, 2013.
c. Vice-chairpersons of the University Student Senate shall be limited to a maximum of $5,686 per year effective July 1, 2012 and $6,270 per year effective July 1, 2013 or no more than $2,843 per semester effective July 1, 2012 and $3,135 per semester effective July 1, 2013.
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)
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 Tuition Refunds
Military, Peace Corps, and VISTA refunds shall apply to all schools and divisions. (BTM,1970,05-25,011,__)
The following principles shall govern refunds made on application claiming military, Peace Corps, or VISTA service (BTM,1970,05-25,011,__):
a) Military, Peace Corps or VISTA service must be documented—in the case of the military, with a copy of induction or military orders. (BTM,1970,05-25,011,__)
b) In order to obtain a grade, a student must attend approximately thirteen weeks—five weeks for Summer Session. No refund will be made to a student who has been assigned a grade, regardless of whether the grade is passing or failing. (BTM,1970,05-25,011,__)
c) In instances where students who have enlisted in the armed services, the Peace Corps, or VISTA do not attend for a sufficient time to qualify for a grade but continue in attendance to within two weeks of induction, refund of tuition and all other fees except application fees will be made in accordance with the following principles (BTM,1970,05-25,011,__):
(i) Withdrawals before the beginning of the fifth calendar week—the third calendar week for Summer Session—after the scheduled opening date of the session: One hundred percent
(ii) Withdrawals thereafter: Fifty percent
d) In instances where students who are drafted into the armed services do not attend for a sufficient time to qualify for a grade, there shall be a one-hundred-percent refund of tuition and all other fees except application fees. (BTM,1970,05-25,011,__)
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)