Henderson Rules and Regulations for the Maintenance of Public Order Pursuant to Article 129 A of the Education Law


The tradition of the University as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of that sanctuary lies in the protection of intellectual freedoms the rights of professors to teach,  of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can flourish only in an atmosphere of mutual respect, civility, and trust among teachers and students, only when members of the University community are willing to accept self- restraint and reciprocity as the condition upon which they share in its intellectual autonomy.

 

Academic freedom and the sanctuary of the University campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom

to political ends or who violate the norms of conduct established to protect that freedom. Against such offenders the University has

the right, and indeed the obligation, to defend itself. We accordingly announce the following rules and regulations to be in effect at each of our colleges which are to be administered in accordance with the requirements of due process as provided in the Bylaws of The City University of New York.

 

With respect to enforcement of these rules and regulations we note that the Bylaws of The City University of New York provide that.

 

THE PRESIDENT “The president, with respect to his or her educational unit, shall:

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

2.  Be the advisor and executive agent of the Board and of his/ her respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws. Resolutions and policies of the Board, the lawful resolutions of any of its committees and the policies, programs, and lawful resolutions of the several faculties;

3.  Exercise general superintendence over the concerns, officers, employees, and students of his or her educational unit.”

I.  Henderson Rules to Maintain Public Order

  1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall she or he interfere with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.

  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 and from such areas is prohibited. Permission from appropriate College authorities must be obtained for removal, relocation, and use of University/College equipment and/or supplies.

  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 or her position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the College grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.

  6. Action may be taken against any and all persons who have no legitimate reason for their presence on campus within the University/College, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of their rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.

  7. Disorderly or indecent conduct on University and College- owned or controlled property is prohibited.

  8. No individual shall have in his or her possession a rifle, shotgun, or firearm or knowingly have in his or her possession any other dangerous instruments or material that can be used to inflict bodily harm on an individual or damage upon a building or the grounds of the University/College without the written authorization of such educational institution. Nor shall any individual have in his or her possession any other instrument or material which can be used or is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the University and College.

  9. It is a violation of acceptable standards of conduct at the college, and it is prohibited for any individual, group or organization to engage in the practice of hazing: Hazing is defined as any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.

  10.  In accordance with the policy of The City University of New York, the college prohibits sexual harassment of employees or students.

 

II.  Penalties

  1. Any student engaging in any manner in conduct prohibited under substantive Rules 1-9 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.

  2. Any tenured or non-tenured faculty member, or tenured or non-tenured member of the administrative or custodial staff engaging in any manner in conduct prohibited under substantive Rules 1-10 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of the Board of Higher Education, or suspension with/without pay pending a hearing before an appropriate College authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and for engaging in any manner in conduct prohibited under Substantive Rule 10 may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. In addition, in the case of a tenured faculty member, or tenured member of the administrative, or custodial staff engaging in any manner in conduct prohibited under Substantive Rules 1-10, he or she shall be entitled to be treated in accordance with applicable provisions of the Education Law or Civil Service Law.

  3. Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under Substantive Rules 1-9 shall be subject to ejection and/or arrest by the civil authorities.

  4. Any organization which authorized the conduct prohibited under Substantive Rules 1-10 shall have its permission to operate on campus rescinded. Penalties 1-4 shall be in addition to any other penalty provided by law or The City University Trustees.