“The responsibility to secure and respect general conditions conducive to the freedom to learn is shared by all members of the academic community.”
Students attending the College are required to obey the laws of the City, State, and Nation, and they are expected to set and observe a proper standard of conduct both within and outside the College.
Policy on Academic Integrity
Academic dishonesty of any type, including cheating and plagiarism, is unacceptable at Medgar Evers College. Cheating is any misrepresentation in academic work. Plagiarism is the representation of another person’s work, words, or ideas as your own. Students should consult the Medgar Evers College Academic Dishonesty Policy and Procedure Handbook for specific regulations and procedures related to academic integrity. Academic dishonesty is punishable by failure of the test, examination, term paper, or other assignment on which cheating occurred. In addition, disciplinary proceedings in cases of academic dishonesty may result in penalties of admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, complaint to civil authorities, or ejection. For the full CUNY Policy on Academic Integrity, please see CUNY’s website at www.cuny.edu/about/administration/offices/sa/policies/AcademicIntegrityPolicywithoutmemo.pdf.
College I.D. Cards
College I.D. cards validated for the current semester must be carried at all times and must be presented upon the request by any office. All visitors and guests of students must obtain a pass from Campus Security.
Representing the College
No student or student organization may be a self-appointed representative of Medgar Evers College or any division thereof, nor of The City University of New York.
In accordance with CUNY policy and effective Fall 2012, smoking is prohibited inside all facilities or vehicles owned, leased, or operated by Medgar Evers College. Smoking includes the inhaling, exhaling and carrying of any lighted cigarettes, cigars, or pipes. There will be no sale of cigarettes, cigars, or pipe tobacco at any facility, location or vending machine owned, leased, or operated by Medgar Evers College or its contractors. This policy applies to all tobacco and tobacco products including chew tobacco and e-cigarettes.
To affect adherence, members of the Medgar Evers College community must be willing to directly and politely inform those unaware of the policy, and remind those who disregard it. If this approach and effort is unsuccessful, the individual in violation of this policy may be brought to the attention of the dean, director, senior staff member or other person in charge for further discussion and progressive counseling.
Alcohol Consumption and Illegal Drugs on Campus
Medgar Evers College is in compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226).
The New York State minimum drinking age (21 years) is observed at all campus functions. Proof of age is required to consume alcoholic beverages and no individual appearing to be under the influence of alcohol will be served.
The unlawful possession, use or distribution of drugs is prohibited on the campus. Violators will be subject to penalties ranging from reprimand and warning for a first infraction, to separation from the College for a subsequent offense.
Legal sanctions against students alleged to be in violation of Public Law 101-226 will be determined according to Article 15 Section 3 of the CUNY Board of Trustees By-Laws. Sanctions for members of the instructional staff and non-instructional staff will be governed by Article VII of the CUNY Board of Trustees By-Laws and Article XIV, respectively. For the full Policy on Alcohol and Drugs, please see CUNY’s website at http://www.cuny.edu/about/administration/offices/ohrm/cohr/drug-alcohol2011.pdf
College regulations regarding student conduct and student activities exist to preserve order within the College. These rules and regulations are printed in this chapter to inform students of their rights and responsibilities as members of the College community. Students’ rights are not limited by what is enumerated in this bulletin. The purpose of the information is to outline some basic principles and guidelines applicable to students. Changing conditions can result in additional rules and guidelines.
Medgar Evers College does not discriminate on the basis of race, color, religion, sex, national or ethnic origin, age, handicap, marital status, or sexual orientation. Any student who is discriminated against on the basis of any of these attributes will be afforded due process in accordance with Section 15.3 of the Student Disciplinary Procedures of the By-Laws of The City University of New York.
The City University of New York Policy on Equal Opportunity and Non-discrimination
I. Policy on Equal Opportunity and Non-Discrimination
The City University of New York (“University” or “CUNY”), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.
It is the policy of the University-applicable to all colleges and units- to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws.
It is also the University’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses.
This Policy also prohibits retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination complaint.
Prohibited Conduct Defined
Discrimination is treating an individual differently or less favorably because of his or her protected characteristics-such as race, color, religion, sex, gender, national origin, or any of the other bases prohibited by this Policy.
Harassment is a form of discrimination that consists of unwelcome conduct based on a protected characteristic that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment. Such conduct can be spoken, written, visual, and/or physical. This policy covers prohibited harassment based on all protected characteristics other than sex. Sex-based harassment and sexual violence are covered by CUNY’s Policy on Sexual Misconduct.
II. Discrimination and Retaliation Complaints
The City University of New York is committed to addressing discrimination and retaliation complaints promptly, consistently and fairly. There shall be a Chief Diversity Officer at every college or unit of the University, who shall be responsible for, among other things, addressing discrimination and retaliation complaints under this Policy. There shall be procedures for making and investigating such complaints, which shall be applicable at each unit of the University.
III. Academic Freedom
This policy shall not be interpreted so as to constitute interference with academic freedom.
IV. Responsibility for Compliance
The President of each college of the University, the CUNY Executive Vice Chancellor and Chief Operating Officer, and the Deans of the Law School, Graduate School of Journalism, School of Public Health and School of Professional Studies and Macaulay Honors College, have ultimate responsibility for overseeing compliance with these policies at their respective units of the University. In addition, each vice president, dean, director, or other person with managerial responsibility, including department chairpersons and executive officers, must promptly consult with the Chief Diversity Officer at his or her college or unit if he or she becomes aware of conduct or allegations of conduct that may violate this policy. All members of the University community are required to cooperate in any investigation of a discrimination or retaliation complaint.
 As a public university system, CUNY adheres to federal, state and city laws and regulations regarding non-discrimination and affirmative action. Should any federal, state or city law or regulation be adopted that prohibits discrimination based on grounds or characteristics not included in this Policy, discrimination on those additional bases will also be prohibited by this Policy.
***Part of Policies and Procedures adopted and approved effective November 27, 2012, Cal.No.4; and revised policy amended and adopted December 1, 2014, Cal. No. C., with effective date of January 1, 2015; Cal. Item C.***
Complaint Procedures Under CUNY’s Policy on Equal Opportunity and Non-discrimination
- Reporting Discrimination and/or Retaliation
The University is committed to addressing discrimination and/or retaliation complaints promptly, consistently and fairly.
Members of the University community, as well as visitors, may promptly report any allegations of discrimination or retaliation to the individuals set forth below:
- Applicants, employees, visitors and students with discrimination complaints should raise their concerns with the Chief Diversity Officer at their location.
- Applicants, employees, visitors and students with complaints of sexual harassment or sexual violence, including sexual assault, stalking, domestic and intimate violence, should follow the process outlined in CUNY’s Policy on Sexual Misconduct.
- There are separate procedures under which applicants, employees, visitors and students may request and seek review of a decision concerning reasonable accommodations for a disability, which are set forth in CUNY’s Procedures on Reasonable Accommodation.
- Preliminary Review of Employee, Student, or Visitor Concerns
- Filing a Complaint
- Informal Resolution
- Withdrawing a Complaint
- Action Following Investigation of a Complaint
- Immediate Prevention Action
- False and Malicious Accusations
- Anonymous Complaints
Some Relevant Laws Concerning Non-Discrimination and Equal Opportunity
Rights of Students with Disabilities
Section 504 of the Rehabilitation Act of 1973, which applies to employment and education, states that “no otherwise qualified handicapped individual shall solely by reason of his (or her) handicap be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” In this context, handicap means any physical or mental impairment that substantially limits such functions as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. It also includes such limitations resulting from a history of alcohol or drug addiction and temporary disability because of pregnancy. Section 504 requires that the college make reasonable modifications to achieve the objective of accessibility for all disabled students. Regulations that have the effect of limiting the participation of students with disabilities in the educational program, such as rules prohibiting the use of tape recorders in the classroom, or dog guides in campus buildings, are prohibited. The college must ensure that no student with a disability is denied participation in a program because of the absence of necessary auxiliary educational aids.
Students who feel that they have been discriminated against may contact Mr. Anthony Phifer, Director of Services for the Differently-Abled at 718 270-5027.
Non-Attendance Because of Religious Beliefs
Title I, Article 5, Section 224-a of the New York State Education Law States:
- No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that she or he is unable, because of his or her religious beliefs, to attend classes or to participate in any examination, study or work requirements on a particular day or days.
- Any student in an institution of higher education who is unable, because of his or her religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.
- It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school because of his or her religious beliefs, an equivalent opportunity to make up any examination, study or work requirements which she or he may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.
- If classes, examinations, study or work requirements are held on Friday after 4:00 P.M. or on Saturday, similar or makeup classes, examinations, study or work requirements shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study or work requirements held on other days.
- In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of his or her availing him/herself of provisions of this Section.
- Any student who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this Section shall be entitled to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of his or her rights under this section.
6a. A copy of this section shall be published by each institution of higher education in the catalog of such institution containing the listing of available courses.
- As used in this section, the term “institution of higher education” shall mean schools under the control of the Board of Trustees of the State University of New York or of the Board of Higher Education of the City of New York or any community College.
Affirmative Action Policy
Council of Presidents’ Policy on the Revitalization of the University’s Affirmative Action, Equal Opportunity and Compliance and Diversity Programs (Approved by the Council of Presidents at its meeting on May 5, 2003)
The City University of New York’s strength lies in its people. We are proud that our students represent a variety of cultures, backgrounds and ideas. As noted in our master plan, CUNY’s goals include
… the University’s continuing commitment to workforce diversity and development. The statutory charge defined by the New York State Education Law, to create a diverse workforce that reflects the unique population that the University serves, is as necessary and important today as it was decades ago. To this end, the University will continue to act aggressively to adopt policies and procedures designed to ensure that all qualified individuals are given full and fair opportunity to be represented in the workforce.
In keeping with this principle, CUNY aspires to increase the diversity of its workforce and to become more than a multicultural institution; it strives to be a genuinely inclusive community, one where those with differing backgrounds and allegiances feel valued, and one where civility, respect and reasoned debate prevail.
Consistent with the Master Plan, an initiative to reframe and reinvigorate the University’s affirmative action and diversity programs is appropriate for consideration at this time. Statistics show that CUNY’s overall employment statistics compare favorably with those of other colleges and universities. However, there are still pockets within the University where women and traditional minority group members are conspicuous by their absence. The City University of New York is uniquely positioned to address the challenge this presents and become a leader in employing a truly diverse workforce. By reaching out to the broader metropolitan community and to targeted groups in the academic disciplines, and by encouraging the development of our current staff, CUNY should be able to increase the diversity of its workforce in all titles over the next few years. This is a particularly timely initiative since we are currently experiencing turnover due to early retirements, and have committed to replacing faculty who directly impact on the delivery of instruction to our students. In pursuit of these goals therefore, we are recommending the following processes and guidelines, which are based on best practices both within CUNY and throughout the nation.
I. Institutional Leadership
All research shows that success with diversity initiatives requires strong leadership from the top executives of the organization. To that end, we recommend that each President:
- Reaffirm support for the principles of workforce diversity, equal employment opportunity and affirmative action.
- Publish annually a written statement that promulgates the President’s commitment to workforce diversity.
- Expand the annual Pluralism and Diversity Report to include a Workforce Diversity Plan which identifies areas where focused efforts to increase workforce diversity will be undertaken.
- Require demonstrated experience and skills in managing diversity as a standard qualification for all leadership positions.
- Require all executives to reflect the President’s commitment in their day-to-day activities.
- Support the office responsible for Affirmative Action/Equal Employment Opportunity and Diversity by providing sufficient staff to perform the day-to-day operations of the office.
- Furthermore, it is recommended that each campus:
- Ensure diversity of staff in all categories, particularly among executives.
- Provide training to all executives and managers to develop a shared and inclusive understanding of diversity and to create a welcoming climate on campus.
Broad outreach to a wide audience will increase the chances that candidates will be drawn from diverse pools of applicants. Colleges must understand that broad outreach is absolutely required in any unit wherein underutilization exists. To enhance the diversity of the pool it is recommended that each college:
- Participate in minority job fairs and other professional meetings, conferences and seminars with the goal of reaching underrepresented groups.
- Utilize Internet minority job sites for broad outreach and/or targeted recruitment.
- Establish linkages with PhD programs at institutions that produce significant numbers of diverse PhD recipients.
- Consider creating joint appointments between ethnic studies departments and other departments to broaden the opportunity for curriculum enhancement and to increase minority faculty interaction with the entire student body.
- Consider Visiting Professor exchanges with historically black colleges and universities and other sources to broaden faculty interaction and enhance the student academic experience.
Furthermore, the University should develop, in consultation with each college, an informational brochure that highlights the University’s diversity. The brochure will be distributed at conferences, used in on- site interviews, and made available on the University’s website.
III. Search and Selection Process
A well-designed search and selection process is key to ensuring fair and equitable employment practices. In order to ensure attainment of this goal, we recommend that each campus:
- Have well qualified, knowledgeable and representative (diverse) search committees.
- Prepare the job description and submit a Vacancy Notice for any position the college wishes to fill on an acting or substitute basis.
- Conduct searches as quickly as possible and establish committees of a manageable size.
- Designate a member of the college affirmative action committee and/or a representative from the Office of HR to participate on all HEO and ECP search committees.
- Train search committees in recruitment and interview techniques.
- Charge search committees with references to the workforce profile and the Workforce Diversity Plan.
- Standardize a process whereby the President, or his/her designee, interviews finalists from all faculty and ECP searches.
A sincere commitment by a college or university to recruit minorities also entails a commitment to fairness in supporting those employees once they have been hired. As a result we recommend that colleges consider activities such as the following:
- Create programs for new faculty that provide mentoring and support.
- Conduct periodic exit interviews and job satisfaction surveys that assess the climate at the institution, especially for employees from underrepresented groups.
- Provide workshops for the development of adjunct faculty.
- Establish college-wide initiatives to increase inter-departmental connections.
- Establish special faculty development days to enhance faculty collaboration and professional advancement.
- Acknowledge achievements made by minority and female employees
- Establish a teaching center that functions under the sponsorship of the College’s Office of Academic Affairs to promote development and excellence in the profession of college teaching where faculty can come to plan, learn and collaborate
- Offer competitive grants to interested faculty in the areas of research, development and technical initiatives.
- Consider workload adjustment for new faculty.
Furthermore, OFSR will continue the Faculty Fellowship Publication Program that is designed to assist in preparing publications that will meet the requirements for tenure; and the Diversity Projects Development Fund that is created to support scholarly projects and other creative endeavors which promote diversity and multiculturalism.
V. Accountability/Self Analysis
A key element to ensuring the success of any organizational initiative - especially a diversity initiative - is accountability. To achieve this goal we recommend that each college:
- Monitor its progress against the goals defined in the Workforce Diversity Plan and report its results to the Chancellor or his designee annually.
- Link efforts to achieve diversity to executive goals and targets.
Furthermore, it is recommended that the Chancellor include such efforts to achieve diversity as a component in the establishment of Presidential goals and targets.
Last Updated: 6/13/05
I. Policy Statement
The City University of New York (“CUNY”) is committed to providing reasonable accommodations and academic adjustments to allow qualified individuals the opportunity to participate in programs, activities and employment. CUNY recognizes that there may be times when employees and their supervisors, as well as students and their instructors, can resolve accommodation requests informally. However, in many cases, such requests require a more formal process with the request being made to and considered by a designated decision-maker, with the opportunity for an appeal, as provided for in these procedures.
The following procedures apply to reasonable accommodations and academic adjustments in connection with:
pregnancy, childbirth, or a medical condition related to pregnancy or childbirth,
religious practices, and
status as a victim of domestic violence, sex offense or stalking.
CUNY will thoroughly review all requests on a case-by-case basis in accordance with applicable federal, state and New York City law. CUNY prohibits retaliation against individuals for requesting reasonable accommodations or academic adjustments, appealing decisions concerning such requests, or for making or participating in claims of discrimination.
All requests for accommodations and academic adjustments, and all supporting documentation, including but not limited to medical information, are considered confidential and will be shared with college officials only on a need-to-know basis. Such documentation will only be used to evaluate the requested accommodation. Employee and applicant accommodation documentation will be kept in a separate file in the Office for Human Resources or the Office of Recruitment and Diversity, depending on which office is evaluating the accommodation request. Student accommodation documentation will be kept in the Office for Student Disability Services, the Office of Student Affairs, or the Office of Recruitment and Diversity, depending on which office is evaluating the accommodation request.
 For the purpose of these procedures, “students” refers to students and prospective students.
Policy on Reporting of Alleged Misconduct
The City University of New York is committed to conducting its affairs in compliance with federal, state and local laws and University policy. CUNY encourages all persons to report conduct or suspected conduct that they in good faith believe may violate the law or CUNY policy so that CUNY may investigate and take appropriate action. CUNY will not retaliate against anyone who makes such a report.
Persons with knowledge of conduct or conditions that pose an imminent threat to the health or safety of any member of the CUNY community or the public should immediately call 911 or Public Safety.
- Reporting Suspected Violations of Law or CUNY Policy
1.1 Who should report
The following persons may report conduct or suspected conduct that relates to CUNY and that they in good faith believe may violate federal, state or local law or CUNY policy (“violations”):
Individuals who are paid by CUNY, including faculty and staff; Consultants, vendors and contractors doing business with CUNY; Individuals who perform services for CUNY as volunteers or who otherwise assert an association with CUNY; and Students.
1.2 What Should Be Reported
The suspected misconduct that should be reported includes, but is not limited to, that which involves or relates to the following:
Fraud, theft, embezzlement or misuse of CUNY resources
Conflict of interest or ethics
Computer fraud or data security
Child abuse or misconduct involving minors
Sexual assault, assault and hazing
Athletics (NCAA or NJCAA)
Environmental, health and safety violations
Discrimination and harassment, including age, disability, sex and race
Research or academic misconduct by faculty or staff
Retaliation for reporting misconduct under this Policy
1.3 How to Report
Employees are encouraged to use the reporting procedures set forth in CUNY policies dealing with specific issues. Where there is no such procedure, employees may resolve their concerns at the most local level, by reporting suspected violations through standard management channels, beginning with their immediate supervisor. If an employee does not wish to report a suspected violation to an immediate supervisor, employees may go to a higher level of management or file a Report of Alleged Misconduct on a form to be drafted by the Office of the Counsel. That form shall contain instructions on where it should be submitted and shall be posted on the web page of the Office of the General Counsel at http://www.cuny.edu/about/administration/offices/la.html.
Non-employees should also file a Report of Alleged Misconduct, following the submission instructions on the form.
Reports may be submitted anonymously, although doing so may hinder the investigation and resolution of a complaint. Reports of violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, to comply with all applicable laws, and to cooperate with law enforcement authorities.
1.5 Investigation of Allegations
Reports will typically be directed to responsible persons for investigation and resolution, consistent with applicable CUNY policies and procedures. Confirmed violations will result in appropriate disciplinary action up to and including termination from employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY. In some circumstances, civil and criminal charges and penalties may apply.
- Protection from Retaliation
No one at CUNY shall engage in any retaliatory behavior, including intimidation, harassment, discrimination, or, in the case of an employee, the imposition of an adverse employment consequence, against anyone who files a report under this policy.
Any individual who engages in retaliatory behavior against another individual who has reported a suspected violation or cooperated in the investigation of a violation will be subject to discipline, up to and including termination of employment, following applicable procedures under University Bylaws, policies or collective bargaining agreements, or severance of the relationship with CUNY.
Any employee who believes that s/he or another individual who reported a suspected violation is being retaliated against should complete a Report of Alleged Misconduct or contact the University’s Director of Human Resource Investigations.
- Filing a False Report
Making a false report or providing false information during the course of an investigation may be grounds for discipline in the absence of a good faith belief that the report or information is true.
All employees are expected to cooperate fully in the investigation of any suspected violation.
- Distribution of Policy
This policy shall be posted on CUNY websites and distributed to new and current employees, students and volunteers who provide substantial services to CUNY through electronic notifications and other means.
- Administration of Policy
The University’s General Counsel or his/her designee is responsible for the administration of this policy and for making reports to the Board of Trustees, or a committee thereof, consistent with the Board’s Bylaws.
Access to College Files
CUNY guidelines from the Board of Trustees of The City University of New York and the Federal Education Rights and Privacy Act of 1974 permit only the following information concerning current and former students to be made available to those parties having a legitimate interest in the information: name, attendance dates, most recent address, major field of study, degree(s) received, and date(s) of receipt. By filing a letter with either the Office of the Registrar or the Office of the Dean of Students, a student or former student may request that any or all of the above information be released with the student’s prior written consent. This may be completed, withdrawn, or modified at any time. Students may have access to their college records by completing a request form available in the Office of the Registrar. The Office of the Registrar will inform students of the dates (when) and places where their records may be inspected. Students will be charged a fee for the duplication of records.
The parents of a student younger than 18 years of age, who is dependent within the definition of section 152 of the United States Internal Revenue Code of 1954, have right of access to those student records to which the student has right of access. Where a student has waived right of access to a particular document or record, the parent has no access right. Dependency status may be demonstrated by submitting a copy of the last filed federal income tax form or other appropriate documents.
Parents of a student 18 years of age or older have no right of access, regardless of their child’s dependent status, without the consent of the student.
Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general wellbeing of society. Free inquiry and free expression are indispensable to the attainment of these goals. Freedom to teach and freedom to learn are inseparable facets of academic freedom.
Students “have a distinctive role which qualifies them to share in the responsible authority on campus; the exercise of the authority is part of their education. Joint efforts among all groups in the institution - students, faculty, administration, and governing board - is a pre-requisite of sound academic government. Joint effort, to be effective, must be rooted in the concept of shared authority. The exercise of shared authority in College and University government, like the protection of (student and faculty) academic freedom, requires tolerance, respect, and a sense of community.”
The responsibility to secure and respect general conditions conducive to the freedom to learn is shared by all members of the academic community.
Students’ rights are not limited by what is enumerated in this statement. The purpose of the statement is to outline some basic principles and guidelines, many of which are now met. Specific implementation will have to be continuously adjusted as conditions at the College change.
Academic and Personal Files
- Improper disclosure, even within the College, of academic, personal, and disciplinary records is a serious invasion of privacy. To minimize the risk of improper disclosure, academic, personal and disciplinary records should be kept in separate files.
- All files may be made available only to specially authorized College staff. Express consent of the student involved is otherwise required.
- Academic records and transcripts should contain only information about scholastic achievement.
- No records should be kept which reflect the political and off- campus activities or beliefs of students.
- Non-current medical and disciplinary records should be periodically destroyed.
- Students have the right to periodically review their academic, medical and disciplinary records and to appeal for removal of items improperly included. If the appeal fails, the student has the right to append a written rebuttal to the record.
Notification of Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
- The right to inspect and review the student’s education records within 45 days after the day the Medgar Evers College of The City University of New York (“School”)] receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the [School] in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the [School] who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the [School]. [Optional] Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA.
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
[Optional] See the list below of the disclosures that postsecondary institutions may make without consent. FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student
- To other school officials, including teachers, within the [School] whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a) (1) (i) (B) (1) - (a) (1) (i)(B) (2) are met. (§99.31(a) (1))
- To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a) (2))
- To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a) (3) and 99.35)
- In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
- To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a) (6))
- To accrediting organizations to carry out their accrediting functions. ((§99.31(a) (7))
- To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a) (8))
- To comply with a judicial order or lawfully issued subpoena. (§99.31(a) (9))
- To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a) (10))
- Information the school has designated as “directory information” under §99.37. (§99.31(a) (11))
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a) (13))
- To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a) (14))
- To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a) (15))
Standards Regarding Course of Study
- Students have the right, within the limits of available facilities, to pursue any course of study for which they are eligible according to College standards.
- In order to permit eligible students unhindered access to courses, the costs of required materials should be kept within reasonable limits.
- Students have the right to know, at the start of each course of study, the basis to be used by the instructor in determining grades.
- Students’ grades should be based solely on academic criteria, not on opinions or conduct in matters unrelated to academic standards.
- Students should have the opportunity to take reasoned exception to facts or points of view offered in any course of study, but they are responsible for meeting the academic standards of any course of study for which they are enrolled.
- Students should have the protection through formally established procedures against prejudiced or capricious academic standards or evaluations.
Participation in Academic Affairs
- Students have the right, individually and collectively to express their views on matters of general interest to the student body, including institutional policy, curriculum, and personnel decisions.
- Students have the right to participate in the formulation and application of institutional policy affecting academic and student affairs.
- Students should share in the formation of policies regarding degree requirements, courses and curriculum, academic grading systems, standards of academic standing, and calendar arrangements.
- Students should have the opportunity, individually and collectively, to assess the value of a course and to express their views on the form and conduct of a class which they have taken.
- The results of an institutional mechanism used for students to assess courses and faculty, such as evaluation questionnaires, should be accessible to all members of the College community, and should be weighed in all decisions affecting faculty status and curriculum.
- Students should be free to form and join associations to promote their common interests.
- Students have the right to express their opinions, individually and collectively, and to support causes in a manner that does not disrupt the orderly operation of the College.
Standards of Conduct
- Students should participate in the formulation of standards of behavior which are considered essential to the educational mission and community responsibilities of the College.
- The code of conduct, as a set of regulations and procedures, should be clearly stated and published in a handbook or other generally available set of institutional regulations.
- In all cases, disciplinary procedures should protect the student from capricious and prejudicial application of the rules of conduct. Such procedures should also satisfy the requirements of procedural due process, including written notice with details of charges, sufficient time to prepare a defense, right to assistance in the defense, right to cross-examine witnesses and to present evidence, and the right to appeal the decision.
Sexual Harassment Policy - Title IX
The following policy prohibiting sexual harassment was adopted by the Board of Trustees of The City University of New York on June 26, 1995.
It is the policy of The City University of New York and Medgar Evers College to promote a cooperative work and academic environment in which there exists mutual respect for all University students, faculty, and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the University policy of equal employment and academic opportunity without regard to age, sex, sexual orientation, alienage or citizenship, religion, race, color, national or ethnic origin, handicap, and veteran or marital status. Sexual harassment is illegal under Federal, State, and City laws, and will not be tolerated within the University.
The University, through its colleges, will disseminate this policy and take other steps to educate the University community about sexual harassment. The University will establish procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough, and as confidential as possible under the circumstances, and appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred. Members of the University community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the college to investigate the allegations.
It is a violation of University policy for any member of the University community to engage in sexual harassment or to retaliate against any member of the University community for raising an allegations of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.
Definition of Sexual Harassment
For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other oral or written communications or physical conduct of a sexual nature when:
- submission to such conduct is made either implicitly or overtly a term or condition of an individual’s employment or academic standing;
- submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting the individual; or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment.
Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between faculty/staff member and student, supervisor and employee, or tenured and untenured faculty member) it may also occur between individuals of equal power (such as between fellow students or co-workers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.
Each Dean, Department Chairperson, or other person with supervisory responsibility is required to report any complaint of sexual harassment. All members of the College community are required to cooperate in any investigation of a sexual harassment complaint.
Any member of the University community may report allegations of sexual harassment to any member of the Sexual Harassment Panel. Employees who are covered by collective bargaining agreements may either use their contractual grievance procedures within the time limits provided in those agreements, to report allegations of sexual harassment; or, they may report such allegations directly to a member of the Panel as provided in these procedures.
More information about grievance procedures and the panel members can be found in the Affirmative Action Office 718 270-5131.
Henderson Rules and Regulations for the Maintenance of Public Order Pursuant to Article 129 a of the Education Law
The tradition of the University as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of that sanctuary lies in the protection of intellectual freedoms the rights of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can flourish only in an atmosphere of mutual respect, civility, and trust among teachers and students, only when members of the University community are willing to accept self-restraint and reciprocity as the condition upon which they share in its intellectual autonomy.
Academic freedom and the sanctuary of the University campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom to political ends or who violate the norms of conduct established to protect that freedom. Against such offenders the University has the right, and indeed the obligation, to defend itself. We accordingly announce the following rules and regulations to be in effect at each of our colleges which are to be administered in accordance with the requirements of due process as provided in the Bylaws of The City University of New York.
With respect to enforcement of these rules and regulations we note that the Bylaws of The City University of New York provide that.
The President “The president, with respect to his or her educational unit, shall:
- Have the affirmative responsibility of conserving and enhancing the educational standards of the College and schools under his/her jurisdiction;
- Be the advisor and executive agent of the Board and of his/ her respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws. Resolutions and policies of the Board, the lawful resolutions of any of its committees and the policies, programs, and lawful resolutions of the several faculties;
- Exercise general superintendence over the concerns, officers, employees, and students of his or her educational unit.”
I. Henderson Rules to Maintain Public Order
- A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall she or he interfere with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.
- Individuals are liable for failure to comply with lawful directions issued by representatives of the University/College when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the College.
- Unauthorized occupancy of University/College facilities or blocking access to and from such areas is prohibited. Permission from appropriate College authorities must be obtained for removal, relocation, and use of University/College equipment and/or supplies.
- Theft from or damage to University/ College premises or property, or theft of or damage to property of any person on University/College premises is prohibited.
- Each member of the academic community or an invited guest has the right to advocate his or her position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the College grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.
- Action may be taken against any and all persons who have no legitimate reason for their presence on campus within the University/College, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of their rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.
- Disorderly or indecent conduct on University and College- owned or controlled property is prohibited.
- No individual shall have in his or her possession a rifle, shotgun, or firearm or knowingly have in his or her possession any other dangerous instruments or material that can be used to inflict bodily harm on an individual or damage upon a building or the grounds of the University/College without the written authorization of such educational institution. Nor shall any individual have in his or her possession any other instrument or material which can be used or is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the University and College.
- It is a violation of acceptable standards of conduct at the college, and it is prohibited for any individual, group or organization to engage in the practice of hazing: Hazing is defined as any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
- In accordance with the policy of The City University of New York, the college prohibits sexual harassment of employees or students.
- Any student engaging in any manner in conduct prohibited under substantive Rules 1-9 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.
- Any tenured or non-tenured faculty member, or tenured or non-tenured member of the administrative or custodial staff engaging in any manner in conduct prohibited under substantive Rules 1-10 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of the Board of Higher Education, or suspension with/without pay pending a hearing before an appropriate College authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and for engaging in any manner in conduct prohibited under Substantive Rule 10 may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. In addition, in the case of a tenured faculty member, or tenured member of the administrative, or custodial staff engaging in any manner in conduct prohibited under Substantive Rules 1-10, he or she shall be entitled to be treated in accordance with applicable provisions of the Education Law or Civil Service Law.
- Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under Substantive Rules 1-9 shall be subject to ejection and/or arrest by the civil authorities.
- Any organization which authorized the conduct prohibited under Substantive Rules 1-10 shall have its permission to operate on campus rescinded. Penalties 1-4 shall be in addition to any other penalty provided by law or The City University Trustees.
Appendix: Sanctions Defined
- ADMONITION: An oral statement to the offender that she or he has violated University rules.
- WARNING: Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may be cause for more severe disciplinary action.
- CENSURE: Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any University/College regulation within a period stated in the letter of reprimand.
- DISCIPLINARY PROBATION: Exclusion from participation in privileges or extracurricular University/College activities as set forth in the notice of disciplinary probation for a specified period of time.
- RESTITUTION: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
- SUSPENSION: Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
- EXPULSION: Termination of student status for an indefinite period. The conditions for readmission, if any is permitted, shall be stated in the order of expulsion.
- COMPLAINT TO CIVIL AUTHORITIES
Adopted by the Board of Trustees of The City University of New York on June 23, 1969 as amended on October 27, 1980, May 22, 1989 and June 25, 1990.
* For graduate students at the Graduate Division, the President of the Graduate Division shall, insofar as practicable, establish procedures, consistent with this Article to implement the provisions thereof. The sections on student activity fees shall apply to the Graduate Division.
Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Student participation, responsibility, academic freedom, and due process are essential to the operation of the academic enterprise. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.
Freedom to learn and to explore major social, political, and economic issues are necessary adjuncts to student academic freedom, as is freedom from discrimination based on racial, ethnic, religious, sex, political, and economic differentiations.
Freedom to learn and freedom to teach are inseparable facets of academic freedom. The concomitant of this freedom is responsibility. If members of the academic community are to develop positively in their freedom, if these rights are to be secure, then students should exercise their freedom with responsibility.
Conduct Standard Defined
Each student enrolled or in attendance in any college, school or unit under the control of the board and every student organization, association, publication, club or chapter shall obey (1) the laws of the city, state and nation; (2) the bylaws and resolutions of the board, including the rules and regulations for the maintenance of public order pursuant to article 129-a of the education law (“Henderson rules”); and (3) the governance plan, policies, regulations, and orders of the college.
Such laws, bylaws, resolutions, policies, rules, regulations and orders shall, of course, be limited by the right of students to the freedoms of speech, press, assembly and petition as construed by the courts.
- Any group of students may form an organization, association, club, or chapter by filing, with the duly elected student government organization of the College or school at which they are enrolled or in attendance and with an officer to be designated by the faculty of the College or school at which they are enrolled or in attendance,
- the name and purposes of the organization, association, club, or chapter,
- the names and addresses of its president and secretary or other officers corresponding in function to president and secretary. However, no group, organization, or student publication with a program against the religion, race, ethnic origin, or identification or sex of a particular group or which makes systematic attacks against the religion, race, ethnic origin or sex of a particular group shall receive support from any fees collected by the College or be permitted to organize or continue at any College or school. No organizations, military or semi military in character, not connected with established College or school courses, shall be permitted without the authorization of the faculty and the duly elected student government and the board.
- Extracurricular activities at each College or school shall be regulated by the duly elected student government organization to insure the effective conduct of such College or school as an institution of higher learning and for the prevention of activities which are hereafter proscribed or which violate the standards of conduct of the character set forth in bylaw 15.1.
Such powers shall include:
- The power to charter or otherwise authorize teams (excluding intercollegiate athletics), publications, organizations, associations, clubs, or chapters, and, when appropriate in the exercise of such regulatory power, the power to refuse, suspend, or revoke any charter or other authorization for cause after hearing on notice.
- The power to delegate responsibility for the effective implementation of its regulatory functions hereunder to any officer or committee which it may appoint. Any aggrieved student or group whose charter or other authorization has been refused, suspended, or revoked may appeal such adverse action by such officer or committee of student government to the duly elected student government. On appeal an aggrieved student or group shall be entitled to a hearing following the due process procedures as set forth in Section 15.3. Following such hearing the duly elected student government shall have the authority to set aside, decrease, or confirm the adverse action.
- Any person or organization affiliated with the College may file charges with an Office of the Dean of Students** (throughout these bylaws in any College or unit where the title “Dean of Students” does not exist, the same shall refer to the officer performing the functions which would otherwise be performed by a dean of students) alleging that a student publication has systematically attacked the religion, race, ethnic origin, or sex of a particular group, or has otherwise contravened the laws of the City, State, or Nation, or any bylaw or resolution of the Board, or any policy, regulation, or order of the College, within a reasonable period of time after such occurrence. If the Dean of Students determines, after making such inquiries as he or she may deem appropriate, that the charges are substantial, he or she shall attempt to resolve the dispute, failing which he or she shall promptly submit the charges to the faculty-student disciplinary committee for disposition in accordance with the due process procedures of Section 15.3 thereof. If the committee sustains the charges or any part thereof against the student publication, the committee shall be empowered to
- reprimand the publication, or
- recommend to the appropriate funding bodies the withdrawal of budget funds. The funding body shall have the authority to implement fully, modify, or overrule the recommendations.
- Each College shall establish a student elections review committee in consultation with the various Student Governments. The student elections review committee shall approve the election procedures and certify the results of elections for student governments, and student body referenda.
- Student Government elections shall be scheduled and conducted, and newly elected Student Governments shall take office, in accordance with policies of the board, and implementing regulations.
**Throughout these bylaws in any college or unit where the title “dean of students” does not exist, the same shall refer to the officer performing the functions which would otherwise be performed by a dean of students.
Student Disciplinary Procedures
- Any charge, accusation, or allegation which is to be presented against a student, and, which if proved, may subject a student to disciplinary action, must be submitted in writing in complete detail to the office of the dean of students promptly by the individual, organization, or department making the charge.
- The chief student affairs officer of the College or his or her designee will conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or his or her designee will advise the student of the charge(s) against him or her, consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence. Following this preliminary investigation, which shall be concluded within thirty (30) calendar days of the filing of the complaint, the chief student affairs officer or designee shall take one of the following actions:
- dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary actions. The individuals involved shall be notified that the complaint has been dismissed;
- refer the matter to conciliation. If a matter is referred to conciliation, the accused student shall receive a copy of the notice required pursuant to Section 15.3e of this bylaw; or
- prefer formal disciplinary charges.
- The Conciliation Conference shall be conducted by the counselor in the Office of the Dean of Students or a qualified staff or faculty member designated by the Chief Student Affairs Officer. The following procedures shall be in effect at this conference:
- An effort will be made to resolve the matter by mutual agreement.
- If an agreement is reached, the counselor shall report his or her recommendation to the Chief Student Affairs Officer for approval and, if approved, the complainant shall be notified.
- If no agreement is reached, or if the student fails to appear, the counselor shall refer the matter back to the Chief Student Affairs Officer who will prefer disciplinary charges.
- The counselor is precluded from testifying in a College hearing regarding information received during the Conciliation Conference.
Notice of Hearing and Charges
- Notice of the charge(s) and of the time and place of the hearing shall be personally delivered or sent by the Chief Student Affairs Officer of the College to the student at the address appearing on the records of the College, by registered or certified mail and by regular mail. The hearing shall be scheduled within a reasonable time following the filing of the charges or the Conciliation Conference. 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.
- The notice shall contain the following:
- A complete and itemized statement of the charge that is being brought against the student including the rule, bylaw or regulation he or she is charged with violating, and the possible penalties for such violation.
- A statement that the student has the following rights.
- to present his/her side of the story
- to present witnesses and evidence on his/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.
- A warning that anything the student says may be used against him/her at a non-college hearing.
Faculty-Student Disciplinary Committee Procedures
- The following procedures shall apply at the hearing before the Faculty-Student Disciplinary Committee:
- The Chairperson shall preside at the hearing. The Chairperson shall inform the student of the charges, the hearing procedures and his or her rights.
- After informing the student of the charges, the hearing procedures, and his or her rights, the Chairperson shall ask the student charged to plead guilty or not guilty. If the student pleads guilty, the student shall be given an opportunity to explain his/her actions before the Committee. If the student pleads not guilty, the College shall present its case. At the conclusion of the College’s case, the student may move to dismiss the charges. If the motion is denied by the Committee the student shall be given an opportunity to present his or her defense.
- Prior to accepting testimony at the hearing, the Chairperson shall rule on any motions questioning the impartiality of any Committee member or the adequacy of the notice of the charge(s), subsequent thereto, the Chairperson may only rule on the sufficiency of the evidence and may exclude irrelevant, immaterial or unduly repetitive evidence. However, if either party wishes to question the impartiality of a Committee member on the basis of evidence which was not previously available at the inception of the hearing, the Chairperson may rule on such a motion. The Chairperson shall exclude all persons who are to appear as witnesses, except the accused student.
- The College shall make a record of each fact-finding hearing by some means such as a stenographic transcript, a tape recording or the equivalent. A disciplined student is entitled, upon request, to a copy of such a transcript, tape or equivalent without cost.
- The student is entitled to a closed hearing but has the right to request an open public hearing. However, the Chairperson has the right to hold a closed hearing when an open public hearing would adversely affect and be disruptive of the Committee’s normal operations.
- The College bears the burden of proving the charge(s) by a preponderance of the evidence.
- The role of the Faculty-Student Disciplinary Committee is to listen to the testimony, ask questions of the witnesses, review the testimony and evidence presented at the hearing and the papers filed by the parties and render a determination as to guilt or innocence. In the event the student is found guilty, the committee shall then determine the penalty to be imposed.
- At the end of the fact-finding phase of the hearing, the student may introduce additional records, such as character references. The College may introduce a copy of the student’s previous disciplinary record, where applicable, provided the student was shown a copy of the record prior to the commencement of the hearing. The disciplinary record shall be submitted to the Committee in a sealed envelope and shall not be opened until after the Committee has made its findings of fact. In the event the student has been determined to be guilty of the charge or charges, the records and documents introduced by the student and the College shall be opened and used by the Committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained.
- The Committee shall deliberate in closed session. The Committee’s decision shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
- The student shall be sent a copy of the Faculty-student Disciplinary Committee’s decision within five days of the conclusion of the hearing. The decision shall be final subject to the student’s right of appeal.
- Where a student is represented by legal counsel the President of the College may request that a lawyer from the General Counsel’s Office appear at the hearing to present the College’s case.
An appeal from the decision of the Faculty-Student Disciplinary Committee may be made to the President who may confirm or decrease the penalty but not increase it. His/her decision shall be final except in the case of dismissals or suspension for more than one term. An appeal from a decision of dismissal or suspension for more than one term may be made to the appropriate committee of the Board. Any appeal under this section shall be made in writing within fifteen days after the delivery of the decision appealed from. This requirement may be waived in a particular case for good cause by the President or Board Committee as the case may be. If the President is a party to the dispute, an Official of the University to be appointed by the Chancellor shall discharge his /her functions with respect to an appeal.
- Each Faculty-Student Disciplinary Committee shall consist of two faculty members and two student members and a chairperson. A quorum shall consist of the chair and any two members. Hearings shall be scheduled at a convenient time and efforts shall be made to insure full student and faculty representation.
- The President shall select in consultation with the head of the appropriate campus governance body or where the President is the head of the governance body. Its Executive Committee, three (3) members of the instructional staff of that College to receive training and to serve in rotation as chair of the Disciplinary Committees. If none of the chairpersons appointed from the campus can serve, the President, at his/her discretion, may request that a chairperson be selected by lottery from the entire group of chairpersons appointed by other Colleges. The chairperson shall preside at all meetings of the Faculty- Student Disciplinary Committee, decide, and make all rulings for the Committee. He/she shall not be a voting member of the Committee but shall vote in the event of a tie.
- The faculty members shall be selected by lot from a panel of six elected annually by the appropriate faculty body from among the persons having faculty rank or faculty status. The student members shall be selected by lot from a panel of six elected annually in an election in which all students registered at the College shall be eligible to vote. In the event that the student or faculty panel or both are not elected, or if more panel members are needed, the president shall have the duty to select the panel or panels which have not been elected. No individuals on the panel shall serve on the panel for more than two consecutive years.
- In the event that the Chairperson cannot continue, the President shall appoint another Chairperson. In the event that a student or faculty seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the faculty or student panel by lottery.
- Persons who are to be participants in the hearings as witnesses or have been involved in preferring the charges or who may participate in the appeals procedures or any other person having a direct interest in the outcome of the hearing shall be disqualified from serving on the Committee.
Suspension or Dismissal
The Board reserves full power to dismiss or suspend a student, or suspend a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation of any College, School, or unit of the University in the use of its facilities or in the achievement of its purposes as an educational institution.
The Chancellor or Chancellor’s designee, President, or any Dean may in emergency or extraordinary circumstances, temporarily suspend a student, or temporarily suspend the privileges of a student organization or group for cause, pending an early hearing as provided in bylaw Section 15.3 to take place within not more than seven (7) school days. Prior to the commencement of a temporary suspension of a student, the College shall give such student oral or written notice of the charges against him/her and, if he/she denies them, the College shall forthwith give such student an informal oral explanation of the evidence supporting the charges and the student may present informally his/her explanation or theory of the matter. When a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, notice and opportunity for denial and explanation may follow suspension, but shall be given as soon as feasible thereafter.
The University Student Senate
There shall be a University Student Senate responsible, subject to the Board, for the formulation of University-wide student policy relating to the academic status, role, rights, and freedoms of the student. The authority and duties of the University Student Senate shall not extend to areas of interest which fall exclusively within the domain of the student governments of the constituent units of the University. Consistent with the authority of the Board of Trustees in accordance with the education law and the bylaws of the Board of Trustees, the University Student Senate shall make its own bylaws providing for the election of its own officers, the establishment of its own rules and procedures, for its internal administration and for such other matters as is necessary for its existence. The University Student Senate shall have the full rights and responsibilities accorded student organizations as provided in these bylaws. The delegates and alternate delegates to the University Student Senate shall be elected by their respective constituencies or by their student governments from the elected members of the respective student governments.
College Governance Plans
The provisions in a duly adopted College Governance Plan shall not be inconsistent with the provisions contained in this article. Dated: September 1998
ARTICLE XVI STUDENT ACTIVITY FEES AND AUXILIARY ENTERPRISES (SELECTED SECTIONS)
Student Activity Fee
The student activity fee is the total of the fees for student government and other student activities. Student activity fees, including student government fees collected by a college of the university shall be deposited in a college central depository and, except where earmarked by the board, allocated by a college association budget committee subject to review by the college association as required in these bylaws.
Student Activity Fees Use - Expenditure Categories
Student activity fee funds shall be allocated and expended only for the following purposes:
- Extracurricular educational programs;
- Cultural and social activities;
- Recreational and athletic programs;
- Student government;
- Publications and other media;
- Assistance to registered student organizations;
- Community service programs;
- Enhancement of the college and university environment;
- Transportation, administration and insurance related to the implementation of these activities;
- Student services to supplement or add to those provided by the university;
- Stipends to student leaders.
Student Government Fee
The student government fee is that portion of the student activity fee levied by resolution of the board which has been established for the support of student government activities. The existing student government fees now in effect shall continue until changed. Student government fees shall be allocated by the duly elected student government, or each student government where more than one duly elected student government exists, for its own use and for the use of student organizations, as specified in Section 15.2. of these bylaws, provided, however, that the allocation is based on a budget approved by the duly elected student government after notice and hearing, subject to the review of the college association. Where more than one duly elected student government exists, the college association shall apportion the student government fees to each student government in direct proportion to the amount collected from members of each student government.
Student Government Activity Defined
A student government activity is any activity operated by and for the students enrolled at any unit of the university provided, (1) such activity is for the direct benefit of students enrolled at the college, (2) that participation in the activity and the benefit thereof is available to all students enrolled in the unit or student government thereof, and (3) that the activity does not contravene the laws of the city, state or nation, or the published rules, regulations, and orders of the university or the duly established college authorities.
- The college association shall have responsibility for the supervision and review over college student activity fee supported budgets. All budgets of college student activity fees, except where earmarked by the board to be allocated by another body, should be developed by a college association budget committee and recommended to the college association for review by the college association prior to expenditure. The college association shall review all college student activity fee, including student government fee allocations and expenditures for conformance with the expenditure categories defined in Section 16.2. of this article and the college association shall disapprove any allocation or expenditure it finds does not so conform, or is inappropriate, improper, or inequitable .
- A college association shall be considered approved for purposes of this article if it consists of thirteen (13) members, its governing documents are approved by the college president and the following requirement are met:
- The governing board of the college association is composed of:
- The college president or his/her designee as chair.
- Three administrative members appointed by the college president.
- Three faculty members appointed by the college president from a panel whose size is twice the number of seats to be filled and the panel is elected by the appropriate college faculty governance body.
- Six student members comprised of the student government president(s) and other elected students with the student seats allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable in proportion to the student activity fees provided by the students from the respective constituencies.
- The college association structure provides a budget committee composed of members of the governing board, at least a majority of whom are students selected in accordance with Section 16.5.(b) (1)(iv) of these bylaws. The budget committee shall be empowered to receive and review student activity fee budget requests and to develop a budget subject to the review of the college association. The college association may choose to not approve the budget or portions of the budget if in their opinion such items are inappropriate, improper, or inequitable. The budget shall be returned to the budget committee with the specific concerns of the college association noted for further deliberation by the budget committee and subsequent resubmittal to the college association. If the budget is not approved within thirty (30) days those portions of the budget voted upon and approved by the college association board will be allocated. The remainder shall be held until the college association and the budget committee agree.
- The governing documents of the college association have been reviewed by the board’s general counsel and approved by the board.
Management and Disbursement of Funds
The college and all student activity fee allocating bodies shall employ generally accepted accounting and investment procedures in the management of all funds. All funds for the support of student activities are to be disbursed only in accordance with approved budgets and be based on written documentation. A requisition for disbursement of funds must contain two signatures; one, the signature of a person with responsibility for the program; the other the signature of an approved representative of the allocating body.
All revenues generated by student activities funded through student activity fees shall be placed in a college central depository subject to the control of the allocating body. The application of such revenues to the account of the income generating organization shall require the specific authorization of the allocating body.
Fiscal Accountability Handbook
The chancellor or his/her designee shall promulgate regulations in a fiscal accountability handbook, to regulate all aspects of the collection, deposit, financial disclosure, accounting procedures, financial payments, documentation, contracts, travel vouchers, investments and surpluses of student activity fees and all other procedural and documentary aspects necessary, as determined by the chancellor or his/her designee to protect the integrity and accountability of all student activity fee funds.
College Purposes Fund
- A college purposes fund may be established at each college and shall be allocated by the college president. This fund may have up to twenty-five (25) percent of the unearmarked portion of the student activity fee earmarked to it by resolution of the board, upon the presentation to the board of a list of activities that may be properly funded by student activity fees that are deemed essential by the college president.
- Expenditures from the college purposes fund shall be subject to full disclosure under Section 16.13. of these bylaws.
- Referenda of the student body with respect to the use and amount of the college purposes fund shall be permitted under the procedures and requirements of Section 16.12. of these bylaws.
Auxiliary Enterprise Board
- The auxiliary enterprise board shall have responsibility for the oversight, supervision and review over college auxiliary enterprises. All budgets of auxiliary enterprise funds and all contracts for auxiliary enterprises shall be developed by the auxiliary enterprise budget and contract committee and reviewed by the auxiliary enterprise board prior to expenditure or execution.
- The auxiliary enterprise board shall be considered approved for the purposes of this article if it consists of at least eleven (11) members, its governing documents are approved by the college president and the following requirements are met:
- The governing board is composed of the college Students Rights and Responsibilities president or his/her designee as chair, plus an equal number of students and the combined total of faculty and administrative members.
- The administrative members are appointed by the college president.
- The faculty members are appointed by the college president from a panel whose size is twice the number of seats to be filled and the panel is elected by the appropriate college faculty governance body.
- The student members are the student government president(s) and other elected students and the student seats are allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable, in proportion to the student enrollment by headcount from the respective constituencies.
- The auxiliary enterprise board structure provides for a budget and contract committee composed of a combined total of faculty and administrative members that is one more than the number of student members. The budget and contract committee shall be empowered to develop all contract and budget allocation proposals subject to the review and approval of the auxiliary enterprise board.
- The governing documents of the auxiliary enterprise board have been reviewed by the board’s general counsel and approved by the board.
The Review Authority of College Presidents over Student Activity Fee Allocating Bodies and Auxiliary Enterprise Boards
- The president of the college shall have the authority to disapprove any student activity fee, including student government fee, or auxiliary enterprise allocation or expenditure, which in his or her opinion contravenes the laws of the city, state, or nation or any bylaw or policy of the university or any policy, regulation, or order of the college. If the college president chooses to disapprove an allocation or expenditure, he or she shall consult with the general counsel and vice chancellor for legal affairs and thereafter communicate his/her decision to the allocating body or auxiliary enterprise board.
- The president of the college shall have the authority to suspend and send back for further review any student activity fee, including student government fee, allocation or expenditure which in his or her opinion is not within the expenditure categories defined in Section 16.2. of this article. The college association shall, within ten (10) days of receiving a proposed allocation or expenditure for further review, study it and make a recommendation to the president with respect to it. The college president shall thereafterconsider the recommendation, shall consult with the general counsel and vice chancellor for legal affairs, and thereafter communicate his/her final decision to the allocating body as to whether the allocation or expenditure is disapproved.
- The chancellor or his/her designee shall have the same review authority with respect to university student activity fees that the college president has with respect to college student activity fees.
- All disapprovals exercised under this section shall be filed with the general counsel and vice chancellor for legal affairs.
- Recipients of extramural student activity fees shall present an annual report to the chancellor for the appropriate board committee detailing the activities, benefits and finances of the extramural body as they pertain to the colleges where students are paying an extramural fee.
A referendum proposing changes in the student activity fee shall be initiated by a petition of at least ten (10) percent of the appropriate student body and voted upon in conjunction with student government elections.
- Where a referendum seeks to earmark student activity fees for a specific purpose or organization without changing the total student activity fee, the results of the referendum shall be sent to the college association for implementation.
- Where a referendum seeks to earmark student activity fees for a specific purpose or organization by changing the total student activity fee, the results of such referendum shall be sent to the board by the president of the college together with his/her recommendation.
- At the initiation of a petition of at least ten (10) percent of the appropriate student body, the college president may schedule a student referendum at a convenient time other than in conjunction with student government elections.
- Where the referendum seeks to affect the use or amount of student activity fees in the college purposes fund, the results of the referendum shall be sent to the board by the college president together with his/her recommendation.
- The college president shall be responsible for the full disclosure to each of the student governments of the college of all financial information with respect to student activity fees.
- The student governments shall be responsible for the full disclosure to their constituents of all financial information with respect to student government fees.
- The student activity fee allocating bodies shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to all of its activities.
- The auxiliary enterprise board shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to auxiliary enterprises.
- For purposes of the foregoing paragraphs, full disclosure shall mean the presentation each semester of written financial statements which shall include, but need not be limited to, the source of all fee income by constituency, income from other sources creditable to student activity fee accounts, disbursements, transfers, past reserves, surplus accounts, contingency and stabilization funds. Certified independent audits performed by a public auditing firm shall be conducted at least once each year.
The payment of stipends to student leaders is permitted only within those time limits and amounts authorized by the board.
University Review Committee
There shall be a University Review Committee consisting of three administrators appointed by the Chancellor.
- The University Review Committee shall have responsibility for oversight and supervision over University student activity and extramural student activity fees. Recipients of extramural fees shall present an annual report to the appropriate Board committee detailing the activities, benefits and finances of the extramural body as they pertain to the colleges where students are paying an extramural fee.
- The University Review Committee may veto any proposed expenditure of the University Student Senate, subject to being overridden by the affirmative vote of two thirds of the total membership of the University Student Senate, in person or by mail ballot, except that a veto based upon the opinion that an item is in contravention of the laws of the city, state or nation, or bylaws or policy of the University is not subject to being overridden.
Dated: November 1999
Bias-Related Crime Prevention Information:
Information for New Students
Under New York State Penal Law, section 485.05:
- A person commits a hate crime when he or she commits a specified offense and either:
- intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
- intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct .
- Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the People’s burden of proof under paragraph (a) or (b) of this section.
- A “specified offense” is an offense defined by any of the following provisions: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (sodomy in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
- For purposes of this section:
- the term “age” means 60 years old or more;
- the term “disability” means a physical or mental impairment that substantially limits a major life activity.
- When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, the hate crime shall be deemed a violent felony offense.
- When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D, or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
- Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony:
- the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of the penal law.
- the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02;
- the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04;
- the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05; ande) the maximum term of the indeterminate sentence of the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 .
- Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
Procedures For Dealing with Hate and Bias-Related Crimes
A Medgar Evers College student who is found to have committed a hate or bias-related crime is subject to arrest and disciplinary action, which can include admonition, deprivation of certain privileges, probation, suspension, or expulsion.
Counseling and Psychological Services
- The counseling philosophy of Medgar Evers College, CUNY is “to motivate and assist students in their pursuit of education, career, and personal/social empowerment for life-long self-development”
- Counseling Services’ objective is to provide and foster a comprehensive approach and prospective on psychosocial education and to encourage a collaborative dialog between staff and students. Counseling can assist in developing tools to aid students with public awareness and creativity towards their growth.
- Mental Health Counselors provide individual and group counseling in the psycho-social areas, such as self-esteem, domestic violence, hate crimes, bereavement/grief, strengthening family relationships, anxiety, and depression. Counseling & Psychological Services facilitate and implement workshops for students, staff and faculty regarding issues of sexual assault, psychological distress, campus violence, hate crimes, tobacco cessation, post-traumatic stress disorder (PTSD), and other mental health issues. In addition, Counselors use their skills to assist students and clients in achieving objectives through exploring a problem and its ramifications, examining attitudes and feelings, considering alternative solutions, and decision-making.
Updates About Security Procedures
The College updates and advises the campus community about security procedures, including those related to hate crime, via the Annual Security Report, the College Catalog, and the Student Handbook.
Education Law § 6433 Crime Statistics Notice
The College’s Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education. You may obtain these statistics at http://ope.ed.gov/security/ or by calling the College’s Director of Public Safety at 718-270-6069. The College’s Annual Security Report is also available at: http://www.mec.cuny.edu/Office-of-Administration-and-Finance/Public-Safety/.