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CUNY-Student Complaint Procedure

Academic Integrity

Students and all others who work with information, ideas, texts, images, music, inventions, and other intellectual property owe their audience and sources accuracy and honesty in using, crediting, and citing sources. As a community of intellectual and professional workers, the College recognizes its responsibility for providing instruction in information literacy and academic integrity, offering models of good practice, and responding vigilantly and appropriately to infractions of academic integrity.

CUNY Policy on Academic Integrity Academic dishonesty is prohibited in The City University of New York. Penalties for academic dishonesty include academic sanctions, such as failing or otherwise reduced grades, and/or disciplinary sanctions, including suspension, or expulsion.

Definitions and Examples of Academic Dishonesty

Cheating is the unauthorized use or attempted use of material, information, notes, study aids, devices, or communication during an academic exercise.

The following are some examples of cheating, but by no means is it an exhaustive list:

•  Copying from another student during an examination or allowing another to copy your work.

•  Unauthorized collaboration on a take-home assignment or examination.

• Using notes during a closed-book examination.

•  Taking an examination for another student, or asking or allowing another student to take an examination for you.

•  Changing a graded exam and returning it for more credit.

•  Submitting substantial portions of the same paper to more than one course without consulting each instructor.

•  Preparing answers or writing notes in an exam booklet before an examination.

•  Allowing others to research and write assigned papers or do assign projects, including use of commercial term paper services.

•  Giving assistance to acts of academic misconduct/dishonesty.

•  Fabricating data (in whole or in part).

•  Falsifying data (in whole or in part).

•  Submitting someone else’s work as your own.

•  Unauthorized use during an examination of electronic devices such as cell phones, text messaging devices, palm pilots, computers, or other technologies to retrieve or send information.

Plagiarism is the act of presenting another person’s ideas, research, or writings as your own.

The following are some examples of plagiarism, but by no means is it an exhaustive list:

•  Copying another person’s actual words without the use of quotation marks and footnotes attributing the words to their source.

•  Presenting another person’s ideas or theories in your own words without acknowledging the source.

•  Using information that is not common knowledge without acknowledging the source.

•  Failing to acknowledge collaborators on homework and laboratory assignments.

Internet Plagiarism includes submitting downloaded term papers or parts of term papers, paraphrasing or copying information from the internet without citing the source, and “cutting and pasting” from various sources without proper attribution.

Obtaining Unfair Advantage is any activity that intentionally or unintentionally gives a student an unfair advantage in his/her academic work over another student, or an action taken by a student through which a student attempts to gain an unfair advantage in his or her academic work over another student

The following are some examples of obtaining an unfair advantage, but by no means is it an exhaustive list:

•  Stealing, reproducing, circulating, or otherwise gaining advanced access to examination materials.

•  Depriving other students of access to library materials by stealing, destroying, defacing, or concealing them.

•  Retaining, using, or circulating examination materials that clearly indicate they should be returned at the end of the exam.

•  Intentionally obstructing or interfering with another student’s work.

Falsification of Records and Official Documents The following are some examples of falsification, but by no means is it an exhaustive list:

•  Forging signatures of authorization.

•  Falsifying information on an official academic record.

•  Falsifying information on an official document such as a grade report, letter of permission, drop/add form, ID card, or other college documents.

Methods for Promoting Academic Integrity at New York City College of Technology

NYCCT institutes the following practices in order to promote academic integrity at the College.

•  Discussions of academic integrity issues are a part of orientation sessions held for new full-time and part-time faculty.

•  Academic integrity workshops are held throughout the academic year in an effort to support the professional development of faculty.

•  Discussions of academic integrity issues are a part of orientation sessions held for new full-time and part-time students.

•  The CUNY Academic Integrity Policy is clearly published and distributed to students via the following methods: the NYCCT web site, the Instructional Staff Handbook, the Student Handbook, and via the College email system.

Sanctions for Academic Integrity Violations

In accordance with the CUNY Policy on Academic Integrity, NYCCT empowers its Academic Integrity Committee and Academic Integrity Officer to process violations of the CUNY Academic Integrity Policy.

Instructors must report all instances of academic dishonesty to the Academic Integrity Officer. The following are the various steps that instructors must follow when they suspect an act of academic dishonesty:

The instructor shall review with the student the facts and circumstances of the suspected violation whenever possible.

Sanctions for violations of the Academic Integrity Policy may be an academic sanction (reduced grade), a disciplinary sanction (e.g., suspension or expulsion), or both.

A)  In cases where only an academic sanction is sought, the instructor shall inform

the student of the exact sanction being sought. The instructor shall simultaneously complete and submit to the College’s Academic Integrity Officer a  Faculty Action Report (FAR) Form. The instructor should also inform his/her Chairperson of the suspected violation. The Academic Integrity Officer will place a copy of the FAR form in the student’s confidential file and will notify the student within seven (7) business days that he/she has been charged with a violation of the Academic Integrity Policy and that he/she has the right to appeal the charge to the Academic Integrity Officer, in writing, within thirty (30) business days.

B) In cases where the student does not contest the charge, the instructor’s academic sanction shall stand.

C) In cases where the student does contest the charge, the Academic Integrity Officer shall instruct the Registrar to change the student’s course grade to PEN (Pending Grade) and shall notify the student, the instructor, the instructor’s Chairperson, and the Vice President for Student Affairs of a pending deliberation in the case.

The Academic Integrity Committee shall convene to review the charge and all pertaining evidence therein, and will render a decision regarding the student’s appeal.

D)  If the student’s appeal is upheld, the Academic Integrity Officer and the instructor shall instruct the Registrar to change the student’s grade to reflect the elimination of the instructor’s penalty.

E)  If the student’s appeal is denied, the instructor’s sanction shall remain in effect, and no further appeal shall be available to the student.

F) In cases where the student does not contest the charge but does contest the academic sanction, the student shall appeal using the college’s grade appeal process.

G)  In cases where an academic and a disciplinary sanction is sought, or if only a disciplinary sanction is sought, the instructor shall record a PEN grade, and the Academic Integrity Officer shall refer the instructor’s completed (Faculty Action Report) FAR Form to the Vice President for Student Affairs and shall notify the student that such action was taken. The Vice President for Student Affairs shall notify the student of the charges, which will include the hearing date before the Faculty-Student Disciplinary Committee (FSDC). Refer to the Student Rights and Responsibilities section of the College Catalog for additional information.

H)  If the FSDC finds that the student did not violate the Academic Integrity Policy, the Vice President for Student Affairs, in consultation with the Academic Integrity Officer and the instructor, shall instruct the Registrar to change the student’s grade to reflect the absence of any penalty. The Academic Integrity Officer shall remove and destroy all material relating to that incident from the student’s confidential file.

I)  If the FSDC finds that the student did violate the Academic Integrity Policy, the Academic Integrity Officer shall instruct the Registrar to change the student’s grade to reflect the academic penalty imposed by the instructor (if any). The Vice President for Student Affairs shall implement disciplinary sanctions against the student. The Academic Integrity Officer shall keep all materials of the case in the student’s confidential file permanently.

NOTE: A student may not circumvent the sanctions process by withdrawing from a class. In the instance where an instructor seeks an academic sanction or the Vice President for Student Affairs and Academic Integrity Officer seeks both an academic and disciplinary sanction, a student’s withdrawal from that course does not serve as a shield again a violation of academic integrity. In this case, the sanctions process shall be implemented accordingly.

1 If a student is appealing a final grade, then the 30 business day period for filing an appeal of a final grade submitted for a course taken during the spring semester or summer session begins on the first day of the fall semester following the one in which the grade was submitted. Students filing an appeal for a final grade submitted for a course taken during the fall semester must do so within 30 days of the spring semester following the one in which the grade was submitted. Students wishing to appeal a grade submitted for an assignment prescribed as a semester’s final project must adhere to the same deadlines.

Rules and Regulations for the Maintenance and Regulations of Public Order Pursuant to Article 129A of The Educational Law

The tradition of the university as a sanctuary of academic freedom and center of the informed discussion is an honored one, to be guarded vigilantly. The basic significance of sanctuary lies in the protection of intellectual freedom: the rights of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can 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 conditions upon which they share in its intellectual autonomy.

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

With respect to enforcement of these rules and regulations we note that the bylaws of the board provide that: “The president, with respect to his educational unit, shall:

a.  Have the affirmative responsibility of conserving and enhancing the educational standards of the College and schools under his jurisdiction;

b.  Be the advisor and executive agent of the board and of his respective college committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws, resolutions, and policies of the board, the lawful resolutions of the several faculties;

c.  Exercise general superintendence over the facilities, concerns, officers, employees, and students of his/her college; in consultation with the chancellor, prepare and implement the College master plan, which shall be subject to the approval of the chancellor and the board.”

I.  Rules

1.  No member of the academic community shall intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he/she interfere with

the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.

2.  Individuals are liable for failure to comply with lawful directions issued by representatives of the university/college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the College.

3.  Unauthorized occupancy of university/ college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation, and use of university/college equipment and/or supplies.

4.  Theft from, or damage to university/college premises or property, or theft of or damage to property of any person on university/ college premises is prohibited.

5.  Each member of the academic community or an invited guest has the right to advocate his/her position without having to fear abuse, physical, verbal, or otherwise, from those who hold conflicting points of view. Members of the academic community and other persons on the College grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.

6.  Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the university/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of 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.

7.  Disorderly or indecent conduct on University/college-owned or controlled property is prohibited.

8.  No individual shall have in his possession a rifle, shotgun, or firearm or knowingly have in his/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/her possession any other instrument or material which can be used for and is intended to inflict bodily harm on any individual or damage upon a building or the grounds of the university/college.

9.  Any action or situation that recklessly or intentionally endangers the mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.

10.     The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by university students or employees on university/college premises, or as part of any university/college activities is prohibited. Employees of the university must also notify the College’s personnel director of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction.

11.     The unlawful possession, use, or distribution of alcohol by students or employees on University/college premises or as part of any university/college activities is prohibited.

II.  Penalties

Any student engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.

Any tenured or non-tenured faculty member, or other members of the instructional staff, or member of the classified staff engaging in any  manner in conduct prohibited under substantive

Rules 1-11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the bylaws of The City University of New York, or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection and/or arrest by the civil authorities, and, for engaging in any manner of conduct prohibited under substantive rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. A tenured or non- tenured faculty member, or other members of the instructional staff, or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive rules 1-11 shall be entitled to be treated in accordance with applicable provisions of the Education Law, or the Civil Service Law, or the applicable collective bargaining agreement, or the bylaws or written policies of The City University of New York.

Any visitor, licensee, or invitee engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to ejection, and/or arrest by the civil authorities.

Any organization which authorized the conduct prohibited under substantive Rules 1-11 shall have its permission to operate on campus rescinded.

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

Sanctions Defined

Admonition: An oral statement to the offender that he/she 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, maybe the cause for more severe disciplinary action.

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

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

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 of readmission, if any are permitted, shall be stated in the order of expulsion.

By Laws of The City University of New York Article XV-Students

Section 15.0. Preamble.

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

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

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

Section 15.1. Conduct Standard Defined

Each student enrolled or in attendance in any college, school, or unit under the control of the board and every student organization, association, publication, club or chapter shall obey (1) the laws of the city, state, and nation;

(2) the bylaws and resolutions of the board, including the rules and regulations for the maintenance of public order pursuant to article 129-a of the education law (“Henderson rules”); and (3) the governance plan, policies, regulations, and orders of the college.

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

Section 15.2. Student Organizations

a.  Any group of students may form an organization, association, club, or chapter by a fling 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 chief student affairs officer of the college or school at which they are enrolled or in attendance (1) the name and purposes of the organization, association, club or chapter, (2) the names and addresses of its president and secretary or other officers corresponding in function to president and secretary.

The board recognizes that students have rights to free expression and association. At the same time, the board strongly believes that respect for all members of the university’s diverse community is an essential attribute of a great university. Each student leader and officer of student organizations recognized by or registered with the institution, as well as those seeking recognition by the institution, must complete training on domestic violence, dating violence, stalking, and sexual assault prevention and on CUNY’s Policy on Sexual Misconduct prior to the organization receiving recognition or registration.

b.  Extra-curricular activities at each college or school shall be regulated by the duly elected student government organization to ensure 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:

1.  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.

2.  The power to delegate responsibility for the effective implementation of its regulatory functions hereunder to an officer or committee which it may appoint.

c. Any person or organization affiliated with the college may file a complaint with the chief student affairs officer if there is reason to believe that a student organization has violated any of the standards of conduct set forth in section 15.1 above. The chief student affairs officer shall promptly notify the affected organization, investigate any complaint and report the results of that investigation along with a recommendation for appropriate action to the complainant and the student government which shall take action as it deems appropriate, except that in the case of a complaint against the student government itself, the chief student affairs officer shall report the results of the investigation and the recommendation for appropriate action directly to the president.

2.  The complainant or any student organization adversely affected pursuant to paragraph C (1) above may appeal to the president. The president may take such action as he or she deems appropriate and such action shall be final.

d. 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. Decisions of the student elections review committee may be appealed to the college president, whose decision shall be final. An appeal from the decision of the

3.  student elections review committee must be made in writing to the President within ten (10) calendar days of the decision. The President shall consult with the student elections review committee and render a decision as expeditiously as possible which may affirm, reverse, or modify the decision of the student elections review committee.

e. 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.

Section 15.3. The University Student Senate

There shall be a university student senate responsible, subject to the board of trustees, 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 that 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.

Section 15.4. Student Disciplinary Procedures

Complaint Procedures:

a.  A University student, employee, organization, department or visitor who believes she/he/ it is the victim of a student’s misconduct (hereinafter “complainant”) may make a charge, accusation, or allegation against a student (hereinafter “respondent”)  which if proved, may subject the respondent to disciplinary action. Such charge, accusation, or allegation must be communicated to the chief student affairs officer of the college the respondent attends.

b.  The chief student affairs officer of the college or her or his designee shall conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or her or his designee shall advise the respondent of the allegation against her or him, explain to the respondent and the complainant their rights, consult with other parties who may be involved, or who has information regarding the incident, and review other relevant evidence. The preliminary investigation shall be concluded within thirty (30) calendar days of the filing of the complaint, unless: (i) said complaint involves two or more complainants or respondents; or (ii) said complaint involves a matter that is also under investigation by law enforcement authorities. In those cases, the preliminary investigation shall be completed within sixty (60) calendar days. Further, if the matter has been previously investigated pursuant to the CUNY Policy on Sexual Misconduct, the chief student affairs officer shall dispense with a preliminary investigation and rely on the report completed by the Title IX Coordinator. Following the completion of the preliminary investigation, the chief student affairs officer or designee shall take one of the following actions:

1.  Dismiss the matter if there is no basis for the allegation(s) or the allegation(s)

does not warrant disciplinary action. The individuals involved shall be notified that the complaint has been dismissed;

2.  Refer the matter to mediation (except in cases involving allegations of sexual assault, stalking, or other forms of sexual violence); or

3.  Prefer formal disciplinary charges.

c. In cases involving the CUNY Policy on Sexual Misconduct, both the Complainant and Respondent may be accompanied by an advisor of their choice (including an attorney) who may assist and advise throughout the entire process, including all meetings and hearings. Advisors may represent a party and fully participate at a hearing, but may not give testimony as a witness.

d.   In the event that a respondent withdraws from the college after a charge, accusation, or allegation against a respondent has been made, and the college prefers formal disciplinary charges, the respondent is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and shall be barred from attending any other unit of the university until a decision on the charges is made

or the charges are otherwise resolved. Immediately following the respondent’s withdrawal, the college must place a notation on her/his transcript that she/he “withdrew with conduct charges pending.” If the respondent fails to appear, the college may proceed with the disciplinary hearing in absentia, and any decision

and sanction shall be binding, and the transcript notation, if any, resulting from that decision and penalty shall replace the notation referred to above.

Mediation Conference:

e. The college may offer the respondent and the complainant the opportunity to participate in a mediation conference prior to the time the disciplinary hearing takes place in an effort to resolve the matter by mutual agreement (except in cases involving sexual assault, stalking, and other forms of sexual violence). The conference shall be conducted by a qualified staff or faculty member designated by the chief student affairs officer. The following procedures shall be in effect at this conference:

1. An effort shall be made to resolve the matter by mutual agreement through such process as the mediator deems most appropriate; provided, however, that the complainant must be notified of her/his right to end the mediation at any time

2. If an agreement is reached, the faculty or staff member conducting the conference shall report her/his recommendation to the chief student affairs officer for approval and, if approved, the complainant and the respondent shall be notified, and a written memorandum shall be created memorializing the resolution and any consequences for non-compliance.

3. If no agreement is reached within a reasonable time, or if the respondent fails to appear, the faculty or staff member conducting the conference shall refer the matter back to the chief student affairs officer who may prefer disciplinary charges, or, if charges have been preferred, proceed to a disciplinary hearing.

4.  The faculty or staff member conducting the mediation conference is precluded from testifying at a college hearing regarding information received during the mediation conference, or presenting the case on behalf of the college.

Notice of Charges and Hearing:

f. Notice of the charge(s) and of the time and place of the hearing shall be personally delivered to the respondent, or sent by certified or overnight mail and email to the address appearing on the records of the college. Notice shall also be sent in a similar manner to the complainant to the extent the charges relate to her/him/it. The chief student affairs officer is also encouraged to send the notice of charges to any other e-mail address that he or she may have for the respondent and the complainant.

The hearing shall be scheduled within a reasonable time following the filing of the charges or the mediation conference. Notice of at least seven (7) calendar days shall be given to the respondent in advance of the hearing unless the respondent consents to an earlier hearing. The respondent is permitted one (1) adjournment as of right. Additional requests for an adjournment must be made at least five (5) calendar days prior to the hearing date and shall be granted or denied at the discretion of the chairperson of the faculty-student disciplinary committee. If the respondent fails to respond to the notice, appear on the adjourned date, or request an extension, the college may proceed in absentia, and any decision and sanction shall be binding.

g.  The notice shall contain the following:

1.  A complete and itemized statement of the charge(s) being brought against the respondent including the rule, bylaw or

regulation she/he is charged with violating, and the possible penalties for such violation.

2.  A statement that the respondent and the complainant have the right to attend and participate fully in the hearing including the right:

(i)  to present their side of the story;

(ii)  to present witnesses and evidence on their behalf;

(iii)  to cross-examine witnesses presenting evidence;

(iv)  to remain silent without the assumption of guilt; and

(v) to be assisted or represented by an advisor or legal counsel at their expense; if the respondent or the complainant requests it, the college shall assist in finding a legal counsel or advisor.

1.  A warning that anything the respondent says may be used against her/him at a non- college hearing.

Pre-Hearing Document Inspection:

h.  At least five (5) calendar days prior to the commencement of a student disciplinary hearing, the college shall provide the respondent and the complainant and/or their designated representative, with similar and timely access to review any documents or other tangible evidence that the college intends to use at the disciplinary hearing, consistent with the restrictions imposed by Family Education Rights and Privacy Act (“FERPA”). Should the college seek to introduce additional documents or other tangible evidence during, or some time prior to, the disciplinary hearing, the respondent and the complainant shall be afforded the opportunity to review the additional documents or tangible evidence. If during the hearing the complainant or the respondent submits documentary evidence, the chairperson may, at the request of any other party grant an adjournment of the hearing as may be necessary for the interest of fairness to permit the requesting party time to review the newly produced evidence.

Admission and Acceptance of Penalty Without Hearing:

i. At any time after receiving the notice of charges and hearing but prior to the

commencement of a disciplinary hearing, the respondent may admit to the charges and accept the penalty that the chief student affairs officer or designee determines to be appropriate to address the misconduct. This agreed-upon penalty shall be placed on the respondent’s transcript consistent with sections u and v herein. Before resolving a complaint in this manner, the chief student affairs officer must first consult with the complainant and provide the complainant an opportunity to object to the proposed resolution, orally and/ or in writing. If a resolution is reached over the complainant’s objection, the chief student affairs officer or designee shall provide the complainant with a written statement of the reasons supporting such resolution, and the complainant may appeal the decision to enter into the resolution to the president.

Emergency Suspension:

j.   The president or her/his designee may in an emergency or extraordinary circumstances, temporarily suspend a student pending an early hearing as provided in this bylaw section 15.4. to take place within not more than twelve (12) calendar days, unless the student requests an adjournment. Such suspension shall be for conduct which impedes, obstructs, impairs, 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. Prior to the commencement of a temporary suspension of a student, the college shall give the student oral notice (which shall be confirmed via email to the address appearing on the records of the college) or written notice of the charges against her/him and, if she/ he denies them, the college shall forthwith give the student an informal oral explanation of the evidence supporting the charges and the student may present informally her/his explanation or theory of the matter. When a student’s presence poses a continuing danger to person 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 complainant shall be notified in the event that an emergency suspension is imposed against a student, and/ or when the suspension is subsequently lifted to the extent that the suspension involves the complainant in the same manner notice is given to the student.

Faculty-Student Disciplinary Committee Structure:

k.  Each faculty-student disciplinary committee shall consist of two (2) faculty members or one (1) faculty member and one (1) member of the Higher Education Officer series (HEO), and two (2) student members and a chairperson, who shall be a faculty member. A quorum shall consist of the chairperson and any two (2) members, one of whom must be a student. Hearings shall be scheduled promptly (including during the summers) at a convenient time and efforts shall be made to ensure full student and faculty representation.

l.   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 faculty of that college to receive training upon appointment and to serve in rotation as chairperson of the disciplinary committee. The following schools shall be required to select two (2) chairpersons:, CUNY School of Law, Guttman Community College, UNY School of Professional Studies, and the CUNY School of Journalism. If none of the chairpersons appointed from the campus can serve, the president, at her/his 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 and decide and make all rulings for the committee. She/he shall not be a voting member of the committee but shall vote in the event of a tie.

m.    The faculty members shall be selected by lot from a panel of six (6) elected biennially by the appropriate faculty body from among the persons having faculty rank or faculty status. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) faculty members. The HEO members shall be selected by lot from a panel of six (6) HEO appointed biennially by the president. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) HEO’s. The student members shall be selected by lot from a panel of six (6) elected annually in an election in which all students registered at the college shall be eligible to vote. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4), students. 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 four (4) consecutive years. Notwithstanding the above, in cases of sexual assault, stalking and other forms of sexual violence, the President shall designate from the panels one (1) chairperson, two (2) faculty/HEO members, and two (2) students, who shall be specially trained on an annual basis, and who shall constitute the faculty-student disciplinary committee in all such cases.

n.  In the event that the chairperson cannot continue, the president shall appoint another chairperson. In the event that a seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the respective faculty, HEO, or student panel by lottery.

o.  Each academic year, the chief student affairs officer, and her or his designee shall appoint/ identify one or more college employees to serve as presenters for the hearings. This list shall be forwarded to the Office of the Vice-Chancellor for Student Affairs, and the Office of the General Counsel and Sr. Vice Chancellor for Legal Affairs prior to the first day of the academic year.

p.  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.

Faculty-Student Disciplinary Committee Procedures:

p.  The following procedures shall apply to faculty-student disciplinary proceedings: Hearing:

1.  The chairperson shall preside at the hearing. The chairperson shall inform the respondent of the charges, the hearing procedures, and her or his rights.

2.  All faculty-student disciplinary committee hearings are closed hearings unless the respondent requests an open public hearing. Notwithstanding such requests, the chairperson shall not permit an open hearing in cases involving allegations of sexual assault, stalking, or other forms of sexual violence. Furthermore, the chairperson has the right to deny the request and hold a closed hearing when an open public hearing would adversely affect and be disruptive to the committee’s normal operations. In the event of an open hearing, the respondent must sign a written waiver acknowledging that those present will hear the evidence introduced at the hearing.

3.  After informing the respondent of the charges, the hearing procedures, and her or his rights, the chairperson shall ask the respondent to respond. If the respondent admits the conduct charged, the respondent shall be given an opportunity to explain her/his actions before the committee and the college shall be given an opportunity to respond and present evidence regarding the appropriate penalty. If the respondent denies the conduct charged, the college shall present its case. At the conclusion of the college’s case, the respondent may move to dismiss the charges. If the motion is denied by the committee, the respondent shall be given an opportunity to present her or his defense.

4.  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 rule on the admissibility of the evidence and may exclude irrelevant, unreliable or unduly repetitive evidence. In addition, if any party wishes to question the impartiality of a committee member on the basis of evidence that was not previously available at the inception of the hearing, the chairperson may rule on such a motion. The chairperson shall exclude from the hearing room all persons who are to appear as witnesses, except the respondent and the complainant.

5.  The college shall make a record of each fact-finding hearing by some means such as a stenographic transcript, an audio recording, or the equivalent. The college must assign a staff member for each hearing, with the sole responsibility of ensuring that the hearing is recorded in its entirety. No other recording of the proceedings may be permitted. A respondent who has been found to have committed the conduct charged after a hearing is entitled upon request to a copy of such a record without cost upon the condition that it is not to be disseminated except to the respondent’s representative or attorney. In the event of an appeal, both the respondent and the complainant are entitled upon request to a copy of such a record without cost, upon the condition that it is not to be disseminated except to their representatives or attorneys.

6.  The college bears the burden of proving the charge(s) by a preponderance of the evidence.

7.  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. In the event the respondent is found to have committed the conduct charged, the committee shall then determine the penalty be imposed.

8.  The college, the respondent, and the complainant are permitted to have lawyers or other representatives or advisors act on their behalf during the pendency of disciplinary action, which shall include the calling and examining of witnesses, and presenting other evidence. Any party intending to appear with an attorney shall give the other party 5 (five) calendar days’ notice of such representation.

9. The chairperson of the faculty-student disciplinary committee retains the discretion to limit the number of witnesses and the time of testimony for the presentations by any party and/or their representative.

10. In the event that the respondent is charged with a sexual assault, stalking or other forms of sexual misconduct, neither the respondent nor the complainant shall be permitted to cross-examine the other directly. Rather, if they wish to, the respondent and the complainant may cross-examine each other only through a representative. If either or both of them do not have a representative, the college shall work with them to find a representative to conduct such cross-examination. In the alternative, the complainant and respondent may provide written questions to the chairperson to be posed to the witness.

11.     In a case involving the CUNY Policy on Sexual Misconduct:

a)  Evidence of the mental health diagnosis and/or treatment of a party may not be introduced.

b)  Evidence of either party’s prior sexual history may not be introduced except that

(i)  evidence of prior sexual history between complainant and respondent is admissible at any stage of the hearing, and (ii) past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage of that hearing related to penalty.

Penalty Phase:

12.     If the respondent has been found responsible, then all parties may introduce evidence related to the respondent’s character including any past findings of a respondents’ responsibility for domestic violence, stalking, or sexual assault or any other sexual violence. The College may introduce a copy of the respondent’s previous disciplinary record; including records from any CUNY institution the respondent has attended, where applicable, provided the respondent was shown a copy of the record prior to the commencement of the hearing. The previous disciplinary record shall be submitted to the committee in a sealed envelope, bearing the respondent’s signature across the seal, and shall only be opened if the respondent has been found to have committed the conduct charged. The previous disciplinary records, as well as documents and character evidence introduced by the respondent, the complainant, 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 complainant and respondent may also provide or make an impact statement. Such evidence and impact statements shall be used by the committee only for the purpose of determining an appropriate penalty if the charges are sustained.

Decision:

13.     The committee shall deliberate in closed session. The committee shall issue a written decision, which shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.

14.     The respondent shall be sent a copy of the faculty-student disciplinary committee’s decision within seven (7) calendar days of the conclusion of the hearing, by regular mail and e-mail to the address appearing on the records of the college. In cases involving two or more complainants or respondents, the respondent shall be sent a copy of the faculty-student disciplinary committee’s decision within fourteen (14) calendar days of the conclusion of the hearing. The chief student affairs officer is also encouraged to send the decision to any other e-mail address that he or she may have for the respondent. The decision shall be final subject to any appeal. In cases involving a crime of violence or a non-forcible sex offense, as set forth in FERPA, the complainant shall simultaneously receive notice of the outcome of the faculty-student disciplinary committee’s decision as it relates to the offense(s) committed against the complainant, in the same manner as notice is given to the respondent.

15.     When a disciplinary hearing results in a penalty of dismissal or suspension for one term or more, the decision is a university-wide penalty and the respondent shall be barred from admission to, or attendance at, any other unit of the university while the penalty is being served.

Appeals:

16.     A respondent or a complainant may appeal a decision of the faculty-student disciplinary committee to the president on the following grounds: (i) procedural error, (ii) newly discovered evidence that was not reasonably available at the time of the hearing, or (iii) the disproportionate nature of the penalty. The president may remand for a new hearing or may modify the penalty either by decreasing it (on an appeal by the respondent) or increasing it (on an appeal by the complainant). If the president is a party to the dispute, her/his functions with respect to an appeal shall be discharged by an official of the university to be appointed by the chancellor or her or his designee. If the penalty after an appeal to the president is one of dismissal or suspension for one term or more, a respondent or a complainant may appeal to the board committee on student affairs and special programs. The board may dispose of the appeal in the same manner as the president.

17.     An appeal under this section shall be made in writing within fifteen (15) calendar 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 the board committee as the case may be. Within three (3) calendar days of the receipt of any appeal, either to the president or the board committee on student affairs and special programs, the non-appealing party shall be sent a written notice of the other party’s appeal. In addition, the respondent and/or the complainant shall have the opportunity to submit written opposition to the other party’s appeal within fifteen (15) calendar days of the delivery of the notice of receipt of such appeal.

18.     The president shall decide and issue a decision within fifteen (15) calendar days of receiving the appeal or within fifteen (15) calendar days of receiving papers in opposition to the appeal, whichever is longer. The board committee shall decide and issue a decision within five (5) calendar days of the meeting at which it hears the appeal.

Notations on Transcripts:

19.     In cases in which a respondent has been found responsible for a Clery Act reportable crime of violence, the college must place a notation on her/his transcript stating that she/he was suspended or expelled after a finding of responsibility for a code of conduct violation. In all other cases, the college must place a notation of the findings and penalty on a respondent’s transcript unless a mediation agreement, the committee’s decision, or the decision on any appeal under section 15.4(p), expressly indicate otherwise.

A notation of expulsion after a respondent has been found responsible for a Clery Act reportable crime of violence shall not be removed. In all other cases, a notation of expulsion, suspension, or any lesser disciplinary penalty shall be removed, as a matter of right, upon the request of the respondent to the Chief Student Affairs Officer made, four years after the conclusion of the disciplinary proceeding or one year after the conclusion of any suspension, whichever is longer. If a finding of responsibility for any violation is vacated for any reason, any such notation shall be removed.

Section15.5. Action By The Board of Trustees

Notwithstanding the foregoing provisions of this article, the board of trustees reserves full power to suspend or take other appropriate action against a student or a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation

of any college, school, or units of the university in the use of its facilities or in the achievement of its purposes as an educational institution in accordance with procedures established by the board of trustees.

SECTION 15.6. College Governance Plans

The provisions in a duly adopted college governance plan shall not be inconsistent with the provisions contained in this article.

The University Policy on The Submission of Fraudulent Documents in Support of an Application For Admission

The submission of documents in support of applications for admission such as

transcripts, diplomas, test scores, references, or the applications themselves that are forged, fraudulent, altered from the original, obtained under false pretenses, or otherwise deceptive (collectively referred to as fraudulent documents) is prohibited by The City University of New York (CUNY) and may be punishable by a bar on applying for admission, suspension, and expulsion. The term “application for admission” includes transfer applications.

Procedures for Imposition of Sanctions

I.  Pre-Enrollment

Whenever an applicant for admission to any college of CUNY submits, as part of an admission application, a document that is found to be fraudulent before an admission decision is made or before the applicant has enrolled, the applicant shall be barred from enrolling in any college of CUNY the year of the application and for a period of five years after the year of the application that contained the fraudulent material. If done a second time, there shall be a lifetime ban on admission to any college of CUNY. In the event of the submission of fraudulent documents, CUNY will notify the applicant in writing of this prohibited act and the penalty, and advise the applicant of the opportunity to appeal the decision in writing to the Vice-Chancellor for Student Development and Enrollment Management. The applicant may then submit a written statement and evidence demonstrating that the document is not fraudulent or advancing some other defense. The Vice-Chancellor may reduce or withdraw the penalty, if he or she finds the document to be authentic, that the submission of the document was not the fault of the applicant, or otherwise deems it appropriate.

I.    Post-Enrollment

If, after a student has completed registration or begun classes in a CUNY college, it is found that the student had submitted a  fraudulent document in support of an application for admission, the student shall be suspended from CUNY for five years. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of CUNY. The accused student shall be notified of such suspension or expulsion in writing and shall be entitled to appeal within 30 days of receiving notification and request a hearing pursuant to Article XV of the CUNY Bylaws, at which the College faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may if persuaded that the document is authentic or that another defense is demonstrated, withdraw or a reduce the penalty. The penalty shall not take effect until after the period to appeal has expired or upon the completion of the hearing. An adverse decision of the disciplinary committee can be appealed by the accused student to the College president and a board committee pursuant to Article XV of the CUNY Bylaws.

II.    Post-Graduation

If, after a student has graduated, it is found that the graduate submitted a fraudulent document in support of an application for admission, then he or she shall be notified in writing. The accused graduate shall be entitled to a hearing pursuant to Article XV of the CUNY Bylaws, at which the College faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may make a decision to impose a penalty of suspension from CUNY for five years, and may also recommend the revocation of the degree or certificate that had been awarded to the student. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of CUNY. An adverse decision of the disciplinary committee imposing a suspension or expulsion can be appealed to the College president and a Board committee pursuant to Article XV of the Bylaws.

The City University of New York Campus and Workplace Violence Policy

Policy Statement

The City University of New York (the “University” or “CUNY”) is committed to the prevention of workplace violence and will respond promptly to any threats and/ or acts of violence. For purposes of this Policy, Workplace Violence is defined as any physical assault or acts of aggressive behavior occurring where an employee performs any work related duty in the course of his or her employment, including but not limited to:

  1. An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;

  2. Any intentional display of force which would give an employee reason to fear or expect bodily harm;

  3. Intentional and wrongful physical contact with an employee without his or her consent that entails some injury;

  4. Stalking an employee in a manner which may cause the employee to fear for his or her physical safety and health when such stalking has arisen through and in the course of employment.

Workplace Violence presents a serious occupational safety hazard to CUNY and its employees. The University will respond promptly to threats and/or acts of violence. All employees are responsible for helping to create an environment of mutual respect and for assisting in maintaining a safe and secure work environment and will participate in the annual Workplace Violence Prevention Training Program. Individuals who violate this Policy may be removed from University property and are subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules and collective bargaining agreements, and/ or referral to law enforcement authorities for criminal prosecution.

Incidents involving Workplace Violence will be given the serious attention they deserve.2 Employees are responsible for reporting any incidents of Workplace Violence of which they become aware. The procedure for reporting incidents of suspected or alleged Workplace Violence can be found in the campus specific Workplace Violence Programs at Paragraph 7. The procedure for reporting complaints of a potential violation of the CUNY Workplace Violence Policy and Programs can be found in the campus specific Workplace Violence Programs at Paragraph 9.

The University, at the request of an employee or student, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee or student on University property unless necessary to transact University-related business. This policy particularly applies when an employee or student anticipates that an act of violence may result from an encounter with said individual(s).3

Employee participation in the implementation of this Policy will be provided through their authorized employee representatives, who will be invited to participate in:

  1. scheduled physical risk assessment site evaluation(s) to determine the presence of risk factors which may place employees at risk of workplace violence;

  2. the development and annual review of a Workplace Violence Prevention Program promulgated by each to report concerns about workplace violence. College for the implementation of the Policy;

  3. the annual review of the Campus Workplace Violence Incidents Report prepared annually by each College; and

  4. as appropriate, following a seriousincident of Workplace Violence.

1. This document supersedes and replaces The City University of New York Campus and Workplace Violence Policy approved by The City University of New York Board of Trustees on February 28, 2011,

2. Complaints of sexual harassment are covered under the University’s Policy Against Sexual Harassment.

3. Students are not directly covered by this Policy, but they should contact the Department of Public Safety

Approved by the Board of Trustees, September 26, 2011.

THE CITY UNIVERSITY OF NEW YORK MEDICAL WITHDRAWAL AND RE-ENTRY POLICY AND PROCEDURES GOVERNING STUDENT BEHAVIOR THAT PRESENTS A DIRECT THREAT OF HARM TO SELF OR OTHERS OR SUBSTANTIALLY DISRUPTS THE LEARNING OR WORKING ENVIRONMENT OF OTHERS

Introduction

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

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

Policy

  1. As an alternative to disciplinary action that may be taken under Article XV of CUNY’s Bylaws, a college of CUNY maybring a proceeding to require a student to withdraw from the University, or,under some circumstances, the student’s home college and/or from residence in a college residence hall under this withdrawal policy and procedures when the student’s behavior evidences a direct threat of harm to others, or when the student’s behavior substantially disrupts the learning or working environment of others. A direct threat means a significantrisk of harm to health or safety.

  2. A student who threatens to commit or attempts to commit suicide, and who does not otherwise threaten direct harm to others or substantially disrupt the learning or working environment of others, shall not be subject todisciplinary action for that threat or attempt under Article XV of the CUNY’s Bylaws. If a college determines that withdrawal of the student or retentionof the student subject to specified conditions is appropriate because the student’s behavior threatens direct harm to him or herself, the procedures outlined below shall apply instead of disciplinary procedures.

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

CAMPUS SECURITY AND PUBLIC SAFETY

It is the policy of The City University of New York and this college that:

Any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation or affiliation with any organization is prohibited.

The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by university students or employees on university/college premises or as part of any university/college activities is prohibited. Employees of the university must also notify NYCCT’s personnel director of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction.

The unlawful possession, use or distribution of alcohol by students or employees on university/college premises or as part of any university/college activities is prohibited.

No persons within the university community except peace officers, pursuant to authorization of the NYCCT president shall have in their possession a rifle,shotgun, firearm or any other dangerous instrument or material that can be used to inflict bodily harm on an individual or damage to a building or the grounds of a campus.

Regarding complaints of sexual harassment, it is the policy of The City University of New York and this college to prohibit sexual harassment of employees and students. It is a violation of policy for any member of the NYCCT community to take action against an individual for reporting sexual harassment.

This policy is related to and is in conformity with the equal employment opportunity policy of the University to recruit,employ, retain and promote employees without regard to sex, age, race, color, or creed. Prompt investigation of allegations will be made on a confidential basis to ascertain the veracity of complaints, and appropriate corrective action will be taken.

Students, staff and faculty may report security problems to the Office of Public Safety or to public safety personnel on patrol or at stationary posts.

Access to Campus Crime Statistics

Campus crime statistics and the annual campus security form are available at the reference desk of the college library and may be accessed through the  college website at http://www.citytech.cuny.edu/ public-safety/crime-statistics.aspx, under The Jeanne Clery Disclosure Act. If you wish to be mailed copies of the campus crime statistics and the annual campus security report, you should contact the Director of Public Safety, at 718.260.5550 and copies will be mailed to you within 10 days. The U.S. Department of Education’s website address for campus crime statistics is http://ope.ed.gov/security/. Type “CUNY New York City College of Technology” under institution name to view the most recent statistics.

Sexual Misconduct Policy

Title IX of the Education Amendments of  1972 and its implementing regulations prohibit discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment and acts of sexual violence are forms of sex discrimination.

New York City College of Technology is committed to providing an environment free from unlawful discrimination and harassment. The full policy is available online at http://www.citytech.cuny.edu/ about-us/docs/policy_on_sexual_misconduct. pdf. For additional information on  Title  IX or to file a complaint, please contact the  Title IX Coordinator, Patricia Cody, Esq., at pcody@citytech.cuny.edu, room Namm 322 or 718.260.4985.

Student Conduct Regulations

Students who are enrolled in NYCCT must conduct themselves in a manner that is in keeping with the functions of the  College as an educational institution. Therefore, violations of any of NYCCT’s regulations are subject to disciplinary action. Infractions of the regulations include but are not limited to the following:

  • Failure to wear student identification card, validated for the current semester, at all times when on campus.

  • Failure to present a validated ID card when requested: a) at all NYCCT activities and functions, both on and off the campus; b) to Public Safety personnel, faculty, and personnel in areas of NYCCT which include but are not limited to the office of the registrar, the bursar, bookstore, the financial aid office, the library, cafeteria, elevators, hallways, etc.

  • All forms of dishonesty that include but are not limited to fraud, cheating, plagiarism, knowingly furnishing false information to NYCCT, forgery, alteration, or use of NYCCT’s documents or instruments of identification with intent to defraud. See Academic Integrity Standards.

  • Any behavior (physical or verbal) that interferes with the College’s educational objectives or is harmful to the safety of the NYCCT community. This includes but is not limited to excessive noise, disorderly, lewd, indecent, or obscene conduct or expressions, inappropriate intimate behavior, disruptive conduct in the classroom, and hazing or harassment of students for the purposes of initiation into a fraternity, sorority, or another student club.

  • Improper use, destruction, or unauthorized removal of College property and/or the property of others.

  • The unauthorized possession of regulated drugs; the possession, use or sale of illegal drugs on NYCCT grounds or facilities.

  • Gambling on NYCCT premises.

•  Smoking on NYCCT grounds or within 25 feet of entrances.

  • The consumption or use of alcoholic beverages on the grounds and/or facilities of NYCCT, individually or at student social functions. This regulation does not apply to the use of alcoholic beverages as part of an academic program.

  • Attendance in class or on the premises of NYCCT in a state of apparent intoxication. (A “state of intoxication” means a condition in which the mental or physical functioning of the individual appears to be impaired as a result of the use of alcohol, drugs, or medication and may thereby endanger the intoxicated student or other persons or property.)

  • The sale of food or other goods in the cafeteria, other than those authorized for sale by the management of the cafeteria, during the contractual operating hours of the cafeteria.

  • The sale of goods and services on the grounds or facilities of NYCCT except for purposes of fundraising by clubs and organizations that have been duly chartered by the Student Government Association and that have received prior permission from the Office of Student Affairs.

Note: Fundraising events are regulated by the Office of Student Affairs which has the authority to supervise all student events on the grounds or facilities of NYCCT.

  • Posting of notices and announcements that have not been approved by the Office of Student Affairs.

  • Failure to dispose of one’s own debris and garbage in the proper receptacles situated throughout NYCCT.

Procedures For Dealing With Conduct Problems

General Procedures

NYCCT Public Safety personnel have the responsibility for enforcing the student conduct regulations (exclusive of student attendance). They may cause any student to cease or refrain from any behavior that is in violation of College regulations, and are to report violations and violators immediately to the dean of students by means of a written citation issued to the alleged violator, in accordance with the procedures outlined in Section 15.3-15.7 of the bylaws of the Board of Trustees of The City University of New York.

Referral for disciplinary action may be initiated against student violators of College regulations by faculty members and staff, individual students, and Public Safety personnel. They may not inflict any penalty on any student or threaten to do so. Penalties may be levied against students only after the procedures outlined in Section 15.0-15.6 of the bylaws of the board of trustees are followed.