Regulations and Procedures for Maintaining Public Order

The State University of New York Board of Trustees’ Regulations for Public Order are uniformly applicable to all State-operated campuses.  In the case of student misconduct which allegedly violates both the Regulations and the Code, the judicial process incorporated in the Code will normally be used in determining alleged violations.  These two codes are complementary documents, but only one enforcement procedure can be used.

Members of the college community, including student organizations, are responsible to ensure that their guests who visit the campus are made aware of expectations for their conduct. Members of the college, their guests, alumni, and other visitors are subject to the Regulations and Procedures for Maintaining Public Order on Campuses of the State University of New York (hereafter referred to as the Regulations for Public Order.) Both guests (visitors through specific invitation by a member of the college community) and visitors (who are not here through specific invitation by a member of the College community), faculty or staff of the college, are expected to comply with the Regulations and Procedures for Maintaining Public Order on Campuses of the State University of New York in this handbook and College policies and procedures in this handbook.

The Dean of Students, in consultation with the Chief of University Police, may revoke, on behalf of the President of the college, privileges extended to guests and visitors, to enter the campus grounds or facilities as a result of conduct by a guest or visitor that violates the Regulations and Procedures for Maintaining Public Order on Campuses, local, state or federal laws, and college policies on the campus grounds, adjacent roadways, or in campus facilities. 

Visitors who desire to use the facilities to address a student audience should register with the Department of Campus Life and follow all procedures pertaining thereto. 

§  535.1    Statement of purpose

The following rules are adopted in compliance with Section 6450 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before April 9, 1970, as required by that section. Said rules shall be subject to amendment or revisions, and any amendments or revisions thereof shall be filed with the Commissioner of Education and the Board of Regents within ten days after adoption.  Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech nor peaceful assembly.  Free inquiry and free expression are indispensable to the objectives of a higher educational institution.  Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance of order) is best suited to achieve these objectives. These rules shall not be construed to prevent or limit communication between and among faculty, students, and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent, but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom, and they shall be interpreted and applied to that end.

 § 535.2   Application of rules

These rules shall apply to all State-operated institutions of the State University. These rules may be supplemented by additional rules for the maintenance of public order heretofore or hereafter adopted for any individual institution, approved and adopted by the State University Trustees and filed with the Commissioner of Education and the Board of Regents, but  only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities, provided, however, that the charges against any student for violation of these rules upon the premises of any such institution other than the one at which he/she is in attendance shall be heard and determined at the institution in which he/she is enrolled as a student.

 § 535.3     Prohibited conduct

 No person, either singly or in concert with others shall

     (a)       Willfully cause physical injury to any person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do or to do any act which he/she has a lawful right not to do.

     (b)       Physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain.

     (c)       Willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization.

     (d)       Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member.

     (e)       Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.

     (f)        Without authorization, remain in any building or facility after it is normally closed.

     (g)       Refuse to leave any building or facility after being requested to do so by an authorized administrative officer.

     (h)       Obstruct the free movement of persons and vehicles in any place to which these rules apply.

     (i)        Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to    express his/her views, including invited speakers.

     (j)        Knowingly have in his/her possession upon any premises to which these rules apply any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer, whether or not a license to possess the same has been issued to such person.

     (k)       Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.

     (l)        Take any action, create, or participate in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purposes of initiation into or affiliation with any organization.

§ 535.4     Freedom of speech and assembly; picketing and demonstrations

     (a)       No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his/her views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of grounds and buildings will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.

     (b)       In order to afford  maximum protection to the  participants and to the institutional community, each State-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for the giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed locale and  intended purpose, provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.

§ 535.5     Penalties

A person who shall violate any of the provisions of these rules (or of any individual institution supplementing or implementing these rules) shall

     (a)       If he/she is a licensee or invitee, have his/her authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his/ her failure or refusal to do so, he/she shall be subject to ejection.

     (b)       If he/she is a trespasser or visitor without specific license of invitation, be subject to ejection.

     (c)       If he/she is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.

     (d)       If he/she is a faculty member having a term or a continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant, including suspension without pay, or censure.

     (e)       If he/she is a staff member in the classified service of the civil service, described in Section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.

     (f)        If he/she is a staff member other than one described in subdivisions (d) and (e), be subject to dismissal, suspension without pay, or censure.

§ 535.6    Procedure 

     (a)       The  chief administrative officer or his/her  designee shall inform any licensee or invitee who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) that his/her license or invitation is withdrawn and shall direct him/her to leave the campus or other property of the institution.  In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property.

     (b)       In the  case of any other violator, who is neither a student nor faculty nor other staff member, the chief administrative officer or his/her designee shall inform him/her that he/she is not authorized to remain on the campus or other property of the institution, and direct him/her to leave such premises.  In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property.  Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his/her liability to prosecution for trespass or loitering, as prescribed in the Penal Law.

     (c)       In the case of a student, charges for violation of any of these rules (or the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in Section 535.9 of this Part.

     (d)       In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of any of these rules (or the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with title D of Part 338 of the policies of the Board of Trustees.

     (e)       In the case of any staff member who holds a position in the classified civil service, described in Section 75 of the Civil Service Law, charges of misconduct in violation of any of these rules (or the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.

     (f)        Any other faculty or staff member who shall violate any provision of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be dismissed, suspended or censured by the appointing authority prescribed in the policies of the Board of Trustees. 

§ 535.7    Enforcement program

     (a)       The chief administrative officer shall be responsible for the enforcement of these rules (or of the rules of any individual institution supplementing or implementing these rules), and he/she shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or as appropriate to carry them into effect.

     (b)       It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or his/her designee, does not pose any immediate threat of injury to  person or  property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented.   In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules).

     (c)       In any case where violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) does not cease after such warning, and in other cases of willful violation of such rules, the chief administrative officer or his/her designees shall cause the ejection of the violator from the premises which he/she occupies in such violation and shall initiate disciplinary action as herein before provided.

     (d)       The chief administrative officer or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules (or of the rules of any individual institution supplementing or implementing these rules), and he/she may request the State University for an injunction to restrain the violation or threatened violation of such rules.

§ 535.8     Communication

In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students and administration, is highly desirable.   To the extent that time and circumstances permit, such communication should precede the exercise of the authority, discretion and responsibilities granted and imposed in these rules. To these ends, each State-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communication. 

§ 535.9     Notice, hearing and determination of charges against students

      (a)      The term, “chief administrative officer,” as used in these rules, shall be deemed to mean and include any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of this incumbent.

     (b)       Whenever a complaint is made to the chief administrative officer of any State-operated institution of the University of a violation by a student or students of the rules prescribed in this Part (or of any rules adopted by an individual institution supplementing or implementing such rules), or whenever he/she has knowledge that such a  violation may have occurred, he/she shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts, reduce to writing.  If he/she is satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation, he/she shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation, which shall state the provision prescribing the offense and shall specify the ultimate facts alleged to constitute such offense.

     (c)       Such charges shall be in writing and shall be served on the student or students named therein by delivering the same to him/her or them personally, if possible, or, if not, by mailing a copy of such charges by registered mail to such student or students at his/her or their usual place or places of abode while attending college and also to his/her or their home address or addresses, if different.

     (d)       The notice of charges so served shall fix a date for hearing thereon not less than ten or more than fifteen days from the date of service which shall be the date of mailing where necessary to effect service  by mail.   Failure to appear in response to the charges on the date fixed for hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate thereon.  Before taking such action, the Hearing Committee hereinafter referred to, shall give notice to any student who has failed to appear, in the manner prescribed in paragraph (c), of its proposed findings and recommendations to be submitted to the chief administrative officer and shall so submit such findings and recommendations ten days thereafter unless the student has meanwhile shown good cause for his/her failure to appear, in which case a date for hearing shall be fixed.

     (e)       Upon demand at any time before or at the hearing, the student charged or his/her representative, duly designated, shall be furnished a copy of the statements taken by the chief administrative officer in relation to such charges and with the names of any other witnesses who will be produced at the hearing in support of the witnesses who were unknown at the time of such demand.

     (f)        The chief administrative officer may, upon the service of charges, suspend the student named therein, pending the hearing and determination thereof, whenever, in his/her judgment, the continued  presence of such student would constitute a clear danger to him/herself or to the safety of person or  property on the premises of the institution or would pose an immediate threat of disruptive interference with the normal conduct of the institution’s activities and functions, provided, however, that the chief administrative officer shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.

    (g)       There shall be constituted at each State-operated institution a Hearing Committee to hear charges against students of violation of the rules for maintenance of public order prescribed by or referred to in this Part.  Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the chief administrative officer, and three students who shall be designated by the members named by the chief administrative officer.  Each member shall serve until his/her successor or replacement has been designated.  No member of the committee shall serve in any case where he/she is a witness or is or has been directly involved in the events upon which the charges are based.  In order to provide for cases where there may be such a disqualification and for cases of absence or disability, the chief administrative officer shall designate an alternate member of the administrative staff and alternate member of the faculty, and his/her principal designees shall designate an alternate student member to serve in such cases.  Any five members of the committee may conduct hearings and make findings and recommendations as hereinafter provided.

     (h)       The Hearing Committee shall not be bound by the technical rules of evidence, but may hear or receive any testimony or evidence which is relevant and material to the issue presented by the charges and which will contribute to a full and fair consideration thereof and determination thereon.  A student against whom the charges are made may appear by and with representatives of his/her choice.   He/She may confront and examine witnesses against him/her and may produce witnesses and documentary evidence in his/her own behalf.  There may be present at the hearing:  the student charged and his/her representatives and witnesses; other witnesses; representatives of the institutional administration; and, unless the student shall request a closed hearing, such other members of the institutional community or other person, or both, as may be admitted by the Hearing Committee.  A transcript of the proceedings shall be made.

     (i)        Within twenty days after the close of the hearing, the Hearing Committee shall submit a report of its findings of fact and its recommendations for disposition of the charges to the chief administrative officer, together with a transcript of the proceedings, and shall at the same time transmit a copy of its report to the student concerned or his/her representative.  Within ten days thereafter, the chief administrative officer shall make his/her determination thereon.  Final authority to dismiss the charges or to determine the guilt of those against whom they are made, and to expel, suspend or otherwise discipline them shall be vested in the chief administrative officer.  If he/she shall reject the findings of the Hearing Committee in whole or in part, he/she shall make new findings, which must be based on substantial evidence in the record and shall include them in the notice of his/her final determination, which shall be served upon the student or students with respect to whom it is made.