ADMONITION: An oral statement to the offender that she or he has violated University rules.
WARNING: Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may be cause for more severe disciplinary action.
CENSURE: Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any University/College regulation within a period stated in the letter of reprimand.
DISCIPLINARY PROBATION: Exclusion from participation in privileges or extracurricular University/College activities as set forth in the notice of disciplinary probation for a specified period of time.
RESTITUTION: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
SUSPENSION: Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
EXPULSION: Termination of student status for an indefinite period. The conditions for readmission, if any is permitted, shall be stated in the order of expulsion.
COMPLAINT TO CIVIL AUTHORITIES
Adopted by the Board of Trustees of The City University of New York on June 23, 1969 as amended on October 27, 1980, May 22, 1989 and June 25, 1990.
* For graduate students at the Graduate Division, the President of the Graduate Division shall, insofar as practicable, establish procedures, consistent with this Article to implement the provisions thereof. The sections on student activity fees shall apply to the Graduate Division.
Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Student participation, responsibility, academic freedom, and due process are essential to the operation of the academic enterprise. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.
Freedom to learn and to explore major social, political, and economic issues are necessary adjuncts to student academic freedom, as is freedom from discrimination based on racial, ethnic, religious, sex, political, and economic differentiations.
Freedom to learn and freedom to teach are inseparable facets of academic freedom. The concomitant of this freedom is responsibility. If members of the academic community are to develop positively in their freedom, if these rights are to be secure, then students should exercise their freedom with responsibility.
Conduct Standard Defined
Each student enrolled or in attendance in any college, school or unit under the control of the board and every student organization, association, publication, club or chapter shall obey (1) the laws of the city, state and nation; (2) the bylaws and resolutions of the board, including the rules and regulations for the maintenance of public order pursuant to article 129-a of the education law (“Henderson rules”); and (3) the governance plan, policies, regulations, and orders of the college.
Such laws, bylaws, resolutions, policies, rules, regulations and orders shall, of course, be limited by the right of students to the freedoms of speech, press, assembly and petition as construed by the courts.
Any group of students may form an organization, association, club, or chapter by filing, with the duly elected student government organization of the College or school at which they are enrolled or in attendance and with an officer to be designated by the faculty of the College or school at which they are enrolled or in attendance,
the name and purposes of the organization, association, club, or chapter,
the names and addresses of its president and secretary or other officers corresponding in function to president and secretary. However, no group, organization, or student publication with a program against the religion, race, ethnic origin, or identification or sex of a particular group or which makes systematic attacks against the religion, race, ethnic origin or sex of a particular group shall receive support from any fees collected by the College or be permitted to organize or continue at any College or school. No organizations, military or semi-military in character, not connected with established College or school courses, shall be permitted without the authorization of the faculty and the duly elected student government and the board.
Extracurricular activities at each College or school shall be regulated by the duly elected student government organization to insure the effective conduct of such College or school as an institution of higher learning and for the prevention of activities which are hereafter proscribed or which violate the standards of conduct of the character set forth in bylaw 15.1.
Such powers shall include:
The power to charter or otherwise authorize teams (excluding intercollegiate athletics), publications, organizations, associations, clubs, or chapters, and, when appropriate in the exercise of such regulatory power, the power to refuse, suspend, or revoke any charter or other authorization for cause after hearing on notice.
The power to delegate responsibility for the effective implementation of its regulatory functions hereunder to any officer or committee which it may appoint. Any aggrieved student or group whose charter or other authorization has been refused, suspended, or revoked may appeal such adverse action by such officer or committee of student government to the duly elected student government. On appeal an aggrieved student or group shall be entitled to a hearing following the due process procedures as set forth in Section 15.3. Following such hearing the duly elected student government shall have the authority to set aside, decrease, or confirm the adverse action.
Any person or organization affiliated with the College may file charges with an Office of the Dean of Students** (throughout these bylaws in any College or unit where the title “Dean of Students” does not exist, the same shall refer to the officer performing the functions which would otherwise be performed by a dean of students) alleging that a student publication has systematically attacked the religion, race, ethnic origin, or sex of a particular group, or has otherwise contravened the laws of the City, State, or Nation, or any bylaw or resolution of the Board, or any policy, regulation, or order of the College, within a reasonable period of time after such occurrence. If the Dean of Students determines, after making such inquiries as he or she may deem appropriate, that the charges are substantial, he or she shall attempt to resolve the dispute, failing which he or she shall promptly submit the charges to the faculty-student disciplinary committee for disposition in accordance with the due process procedures of Section 15.3 thereof. If the committee sustains the charges or any part thereof against the student publication, the committee shall be empowered to
reprimand the publication, or
recommend to the appropriate funding bodies the withdrawal of budget funds. The funding body shall have the authority to implement fully, modify, or overrule the recommendations.
Each College shall establish a student elections review committee in consultation with the various Student Governments. The student elections review committee shall approve the election procedures and certify the results of elections for student governments, and student body referenda.
Student Government elections shall be scheduled and conducted, and newly elected Student Governments shall take office, in accordance with policies of the board, and implementing regulations.
**Throughout these bylaws in any college or unit where the title “dean of students” does not exist, the same shall refer to the officer performing the functions which would otherwise be performed by a dean of students.
Student Disciplinary Procedures
Any charge, accusation, or allegation which is to be presented against a student, and, which if proved, may subject a student to disciplinary action, must be submitted in writing in complete detail to the office of the dean of students promptly by the individual, organization, or department making the charge.
The chief student affairs officer of the College or his or her designee will conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or his or her designee will advise the student of the charge(s) against him or her, consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence. Following this preliminary investigation, which shall be concluded within thirty (30) calendar days of the filing of the complaint, the chief student affairs officer or designee shall take one of the following actions:
dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary actions. The individuals involved shall be notified that the complaint has been dismissed;
refer the matter to conciliation. If a matter is referred to conciliation, the accused student shall receive a copy of the notice required pursuant to Section 15.3e of this bylaw; or
prefer formal disciplinary charges.
The Conciliation Conference shall be conducted by the counselor in the Office of the Dean of Students or a qualified staff or faculty member designated by the Chief Student Affairs Officer. The following procedures shall be in effect at this conference:
An effort will be made to resolve the matter by mutual agreement.
If an agreement is reached, the counselor shall report his or her recommendation to the Chief Student Affairs Officer for approval and, if approved, the complainant shall be notified.
If no agreement is reached, or if the student fails to appear, the counselor shall refer the matter back to the Chief Student Affairs Officer who will prefer disciplinary charges.
The counselor is precluded from testifying in a College hearing regarding information received during the Conciliation Conference.
Notice of Hearing and Charges
Notice of the charge(s) and of the time and place of the hearing shall be personally delivered or sent by the Chief Student Affairs Officer of the College to the student at the address appearing on the records of the College, by registered or certified mail and by regular mail. The hearing shall be scheduled within a reasonable time following the filing of the charges or the Conciliation Conference. Notice of at least five business days shall be given to the student in advance of the hearing unless the student consents to an earlier hearing.
The notice shall contain the following:
A complete and itemized statement of the charge that is being brought against the student including the rule, bylaw or regulation he or she is charged with violating, and the possible penalties for such violation.
A statement that the student has the following rights.
to present his/her side of the story
to present witnesses and evidence on his/her behalf
to cross-examine witnesses presenting evidence against the student;
to remain silent without assumption of guilt; and
to be represented by legal counsel or an advisor at the student’s expense.
A warning that anything the student says may be used against him/her at a non-college hearing.
Faculty-Student Disciplinary Committee Procedures
The following procedures shall apply at the hearing before the Faculty-Student Disciplinary Committee:
The Chairperson shall preside at the hearing. The Chairperson shall inform the student of the charges, the hearing procedures and his or her rights.
After informing the student of the charges, the hearing procedures, and his or her rights, the Chairperson shall ask the student charged to plead guilty or not guilty. If the student pleads guilty, the student shall be given an opportunity to explain his/her actions before the Committee. If the student pleads not guilty, the College shall present its case. At the conclusion of the College’s case, the student may move to dismiss the charges. If the motion is denied by the Committee the student shall be given an opportunity to present his or her defense.
Prior to accepting testimony at the hearing, the Chairperson shall rule on any motions questioning the impartiality of any Committee member or the adequacy of the notice of the charge(s), subsequent thereto, the Chairperson may only rule on the sufficiency of the evidence and may exclude irrelevant, immaterial or unduly repetitive evidence. However, if either party wishes to question the impartiality of a Committee member on the basis of evidence which was not previously available at the inception of the hearing, the Chairperson may rule on such a motion. The Chairperson shall exclude all persons who are to appear as witnesses, except the accused student.
The College shall make a record of each fact-finding hearing by some means such as a stenographic transcript, a tape recording or the equivalent. A disciplined student is entitled, upon request, to a copy of such a transcript, tape or equivalent without cost.
The student is entitled to a closed hearing but has the right to request an open public hearing. However, the Chairperson has the right to hold a closed hearing when an open public hearing would adversely affect and be disruptive of the Committee’s normal operations.
The College bears the burden of proving the charge(s) by a preponderance of the evidence.
The role of the Faculty-Student Disciplinary Committee is to listen to the testimony, ask questions of the witnesses, review the testimony and evidence presented at the hearing and the papers filed by the parties and render a determination as to guilt or innocence. In the event the student is found guilty, the committee shall then determine the penalty to be imposed.
At the end of the fact-finding phase of the hearing, the student may introduce additional records, such as character references. The College may introduce a copy of the student’s previous disciplinary record, where applicable, provided the student was shown a copy of the record prior to the commencement of the hearing. The disciplinary record shall be submitted to the Committee in a sealed envelope and shall not be opened until after the Committee has made its findings of fact. In the event the student has been determined to be guilty of the charge or charges, the records and documents introduced by the student and the College shall be opened and used by the Committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained.
The Committee shall deliberate in closed session. The Committee’s decision shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
The student shall be sent a copy of the Faculty-student Disciplinary Committee’s decision within five days of the conclusion of the hearing. The decision shall be final subject to the student’s right of appeal.
Where a student is represented by legal counsel the President of the College may request that a lawyer from the General Counsel’s Office appear at the hearing to present the College’s case.
An appeal from the decision of the Faculty-Student Disciplinary Committee may be made to the President who may confirm or decrease the penalty but not increase it. His/her decision shall be final except in the case of dismissals or suspension for more than one term. An appeal from a decision of dismissal or suspension for more than one term may be made to the appropriate committee of the Board. Any appeal under this section shall be made in writing within fifteen days after the delivery of the decision appealed from. This requirement may be waived in a particular case for good cause by the President or Board Committee as the case may be. If the President is a party to the dispute, an Official of the University to be appointed by the Chancellor shall discharge his /her functions with respect to an appeal.
Each Faculty-Student Disciplinary Committee shall consist of two faculty members and two student members and a chairperson. A quorum shall consist of the chair and any two members. Hearings shall be scheduled at a convenient time and efforts shall be made to ensure full student and faculty representation.
The President shall select in consultation with the head of the appropriate campus governance body or where the President is the head of the governance body. Its Executive Committee, three (3) members of the instructional staff of that College to receive training and to serve in rotation as chair of the Disciplinary Committees. If none of the chairpersons appointed from the campus can serve, the President, at his/her discretion, may request that a chairperson be selected by lottery from the entire group of chairpersons appointed by other Colleges. The chairperson shall preside at all meetings of the Faculty-Student Disciplinary Committee, decide, and make all rulings for the Committee. He/she shall not be a voting member of the Committee but shall vote in the event of a tie.
The faculty members shall be selected by lot from a panel of six elected annually by the appropriate faculty body from among the persons having faculty rank or faculty status. The student members shall be selected by lot from a panel of six elected annually in an election in which all students registered at the College shall be eligible to vote. In the event that the student or faculty panel or both are not elected, or if more panel members are needed, the president shall have the duty to select the panel or panels which have not been elected. No individuals on the panel shall serve on the panel for more than two consecutive years.
In the event that the Chairperson cannot continue, the President shall appoint another Chairperson. In the event that a student or faculty seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the faculty or student panel by lottery.
Persons who are to be participants in the hearings as witnesses or have been involved in preferring the charges or who may participate in the appeals procedures or any other person having a direct interest in the outcome of the hearing shall be disqualified from serving on the Committee.
Suspension or Dismissal
The Board reserves full power to dismiss or suspend a student, or suspend a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation of any College, School, or unit of the University in the use of its facilities or in the achievement of its purposes as an educational institution.
The Chancellor or Chancellor’s designee, President, or any Dean may in emergency or extraordinary circumstances, temporarily suspend a student, or temporarily suspend the privileges of a student organization or group for cause, pending an early hearing as provided in bylaw Section 15.3 to take place within not more than seven (7) school days. Prior to the commencement of a temporary suspension of a student, the College shall give such student oral or written notice of the charges against him/her and, if he/she denies them, the College shall forthwith give such student an informal oral explanation of the evidence supporting the charges and the student may present informally his/her explanation or theory of the matter. When a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, notice and opportunity for denial and explanation may follow suspension, but shall be given as soon as feasible thereafter.
The University Student Senate
There shall be a University Student Senate responsible, subject to the Board, for the formulation of University-wide student policy relating to the academic status, role, rights, and freedoms of the student. The authority and duties of the University Student Senate shall not extend to areas of interest which fall exclusively within the domain of the student governments of the constituent units of the University. Consistent with the authority of the Board of Trustees in accordance with the education law and the bylaws of the Board of Trustees, the University Student Senate shall make its own bylaws providing for the election of its own officers, the establishment of its own rules and procedures, for its internal administration and for such other matters as is necessary for its existence. The University Student Senate shall have the full rights and responsibilities accorded student organizations as provided in these bylaws. The delegates and alternate delegates to the University Student Senate shall be elected by their respective constituencies or by their student governments from the elected members of the respective student governments.
College Governance Plans
The provisions in a duly adopted College Governance Plan shall not be inconsistent with the provisions contained in this article. Dated: September 1998
ARTICLE XVI STUDENT ACTIVITY FEES AND AUXILIARY ENTERPRISES (SELECTED SECTIONS)
Student Activity Fee
The student activity fee is the total of the fees for student government and other student activities. Student activity fees, including student government fees collected by a college of the university shall be deposited in a college central depository and, except where earmarked by the board, allocated by a college association budget committee subject to review by the college association as required in these bylaws.
Student Activity Fees Use - Expenditure Categories
Student activity fee funds shall be allocated and expended only for the following purposes:
Extracurricular educational programs;
Cultural and social activities;
Recreational and athletic programs;
Publications and other media;
Assistance to registered student organizations;
Community service programs;
Enhancement of the college and university environment;
Transportation, administration and insurance related to the implementation of these activities;
Student services to supplement or add to those provided by the university;
Stipends to student leaders.
Student Government Fee
The student government fee is that portion of the student activity fee levied by resolution of the board which has been established for the support of student government activities. The existing student government fees now in effect shall continue until changed. Student government fees shall be allocated by the duly elected student government, or each student government where more than one duly elected student government exists, for its own use and for the use of student organizations, as specified in Section 15.2. of these bylaws, provided, however, that the allocation is based on a budget approved by the duly elected student government after notice and hearing, subject to the review of the college association. Where more than one duly elected student government exists, the college association shall apportion the student government fees to each student government in direct proportion to the amount collected from members of each student government.
Student Government Activity Defined
A student government activity is any activity operated by and for the students enrolled at any unit of the university provided, (1) such activity is for the direct benefit of students enrolled at the college, (2) that participation in the activity and the benefit thereof is available to all students enrolled in the unit or student government thereof, and (3) that the activity does not contravene the laws of the city, state or nation, or the published rules, regulations, and orders of the university or the duly established college authorities.
The college association shall have responsibility for the supervision and review over college student activity fee-supported budgets. All budgets of college student activity fees, except where earmarked by the board to be allocated by another body, should be developed by a college association budget committee and recommended to the college association for review by the college association prior to expenditure. The college association shall review all college student activity fees, including student government fee allocations and expenditures for conformance with the expenditure categories defined in Section 16.2. of this article and the college association shall disapprove any allocation or expenditure it finds does not so conform or is inappropriate, improper, or inequitable.
A college association shall be considered approved for purposes of this article if it consists of thirteen (13) members, its governing documents are approved by the college president and the following requirement are met:
The governing board of the college association is composed of:
The college president or his/her designee as chair.
Three administrative members appointed by the college president.
Three faculty members appointed by the college president from a panel whose size is twice the number of seats to be filled and the panel is elected by the appropriate college faculty governance body.
Six student members comprised of the student government president(s) and other elected students with the student seats allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable in proportion to the student activity fees provided by the students from the respective constituencies.
The college association structure provides a budget committee composed of members of the governing board, at least a majority of whom are students selected in accordance with Section 16.5.(b) (1)(iv) of these bylaws. The budget committee shall be empowered to receive and review student activity fee budget requests and to develop a budget subject to the review of the college association. The college association may choose to not approve the budget or portions of the budget if in their opinion such items are inappropriate, improper, or inequitable. The budget shall be returned to the budget committee with the specific concerns of the college association noted for further deliberation by the budget committee and subsequent resubmittal to the college association. If the budget is not approved within thirty (30) days those portions of the budget voted upon and approved by the college association board will be allocated. The remainder shall be held until the college association and the budget committee agree.
The governing documents of the college association have been reviewed by the board’s general counsel and approved by the board.
Management and Disbursement of Funds
The college and all student activity fee allocating bodies shall employ generally accepted accounting and investment procedures in the management of all funds. All funds for the support of student activities are to be disbursed only in accordance with approved budgets and be based on written documentation. A requisition for disbursement of funds must contain two signatures; one, the signature of a person with responsibility for the program; the other the signature of an approved representative of the allocating body.
All revenues generated by student activities funded through student activity fees shall be placed in a college central depository subject to the control of the allocating body. The application of such revenues to the account of the income generating organization shall require the specific authorization of the allocating body.
Fiscal Accountability Handbook
The chancellor or his/her designee shall promulgate regulations in a fiscal accountability handbook, to regulate all aspects of the collection, deposit, financial disclosure, accounting procedures, financial payments, documentation, contracts, travel vouchers, investments and surpluses of student activity fees and all other procedural and documentary aspects necessary, as determined by the chancellor or his/her designee to protect the integrity and accountability of all student activity fee funds.
College Purposes Fund
A college purposes fund may be established at each college and shall be allocated by the college president. This fund may have up to twenty-five (25) percent of the unearmarked portion of the student activity fee earmarked to it by resolution of the board, upon the presentation to the board of a list of activities that may be properly funded by student activity fees that are deemed essential by the college president.
Expenditures from the college purposes fund shall be subject to full disclosure under Section 16.13. of these bylaws.
Referenda of the student body with respect to the use and amount of the college purposes fund shall be permitted under the procedures and requirements of Section 16.12. of these bylaws.
Auxiliary Enterprise Board
The auxiliary enterprise board shall have responsibility for the oversight, supervision and review over college auxiliary enterprises. All budgets of auxiliary enterprise funds and all contracts for auxiliary enterprises shall be developed by the auxiliary enterprise budget and contract committee and reviewed by the auxiliary enterprise board prior to expenditure or execution.
The auxiliary enterprise board shall be considered approved for the purposes of this article if it consists of at least eleven (11) members, its governing documents are approved by the college president and the following requirements are met:
The governing board is composed of the college Students Rights and Responsibilities president or his/her designee as chair, plus an equal number of students and the combined total of faculty and administrative members.
The administrative members are appointed by the college president.
The faculty members are appointed by the college president from a panel whose size is twice the number of seats to be filled and the panel is elected by the appropriate college faculty governance body.
The student members are the student government president(s) and other elected students and the student seats are allocated on a basis which will provide representation to each government, where more than one exists, as nearly as practicable, in proportion to the student enrollment by headcount from the respective constituencies.
The auxiliary enterprise board structure provides for a budget and contract committee composed of a combined total of faculty and administrative members that is one more than the number of student members. The budget and contract committee shall be empowered to develop all contract and budget allocation proposals subject to the review and approval of the auxiliary enterprise board.
The governing documents of the auxiliary enterprise board have been reviewed by the board’s general counsel and approved by the board.
The Review Authority of College Presidents over Student Activity Fee Allocating Bodies and Auxiliary Enterprise Boards
The president of the college shall have the authority to disapprove any student activity fee, including student government fee, or auxiliary enterprise allocation or expenditure, which in his or her opinion contravenes the laws of the city, state, or nation or any bylaw or policy of the university or any policy, regulation, or order of the college. If the college president chooses to disapprove an allocation or expenditure, he or she shall consult with the general counsel and vice chancellor for legal affairs and thereafter communicate his/her decision to the allocating body or auxiliary enterprise board.
The president of the college shall have the authority to suspend and send back for further review any student activity fee, including student government fee, allocation or expenditure which in his or her opinion is not within the expenditure categories defined in Section 16.2. of this article. The college association shall, within ten (10) days of receiving a proposed allocation or expenditure for further review, study it and make a recommendation to the president with respect to it. The college president shall thereafter consider the recommendation, shall consult with the general counsel and vice chancellor for legal affairs, and thereafter communicate his/her final decision to the allocating body as to whether the allocation or expenditure is disapproved.
The chancellor or his/her designee shall have the same review authority with respect to university student activity fees that the college president has with respect to college student activity fees.
All disapprovals exercised under this section shall be filed with the general counsel and vice chancellor for legal affairs.
Recipients of extramural student activity fees shall present an annual report to the chancellor for the appropriate board committee detailing the activities, benefits and finances of the extramural body as they pertain to the colleges where students are paying an extramural fee.
A referendum proposing changes in the student activity fee shall be initiated by a petition of at least ten (10) percent of the appropriate student body and voted upon in conjunction with student government elections.
Where a referendum seeks to earmark student activity fees for a specific purpose or organization without changing the total student activity fee, the results of the referendum shall be sent to the college association for implementation.
Where a referendum seeks to earmark student activity fees for a specific purpose or organization by changing the total student activity fee, the results of such referendum shall be sent to the board by the president of the college together with his/her recommendation.
At the initiation of a petition of at least ten (10) percent of the appropriate student body, the college president may schedule a student referendum at a convenient time other than in conjunction with student government elections.
Where the referendum seeks to affect the use or amount of student activity fees in the college purposes fund, the results of the referendum shall be sent to the board by the college president together with his/her recommendation.
The college president shall be responsible for the full disclosure to each of the student governments of the college of all financial information with respect to student activity fees.
The student governments shall be responsible for the full disclosure to their constituents of all financial information with respect to student government fees.
The student activity fee allocating bodies shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to all of its activities.
The auxiliary enterprise board shall be responsible for the full disclosure of all financial information to its membership, to the college and to the student governments with respect to auxiliary enterprises.
For purposes of the foregoing paragraphs, full disclosure shall mean the presentation each semester of written financial statements which shall include, but need not be limited to, the source of all fee income by constituency, income from other sources creditable to student activity fee accounts, disbursements, transfers, past reserves, surplus accounts, contingency and stabilization funds. Certified independent audits performed by a public auditing firm shall be conducted at least once each year.
The payment of stipends to student leaders is permitted only within those time limits and amounts authorized by the board.
University Review Committee
There shall be a University Review Committee consisting of three administrators appointed by the Chancellor.
The University Review Committee shall have responsibility for oversight and supervision over University student activity and extramural student activity fees. Recipients of extramural fees shall present an annual report to the appropriate Board committee detailing the activities, benefits and finances of the extramural body as they pertain to the colleges where students are paying an extramural fee.
The University Review Committee may veto any proposed expenditure of the University Student Senate, subject to being overridden by the affirmative vote of two thirds of the total membership of the University Student Senate, in person or by mail ballot, except that a veto based upon the opinion that an item is in contravention of the laws of the city, state or nation, or bylaws or policy of the University is not subject to being overridden.
Dated: November 1999
Bias-Related Crime Prevention Information:
Information for New Students
Under New York State Penal Law, section 485.05:
A person commits a hate crime when he or she commits a specified offense and either:
intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct .
Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the People’s burden of proof under paragraph (a) or (b) of this section.
A “specified offense” is an offense defined by any of the following provisions: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (sodomy in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
For purposes of this section:
the term “age” means 60 years old or more;
the term “disability” means a physical or mental impairment that substantially limits a major life activity.
When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, the hate crime shall be deemed a violent felony offense.
When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D, or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony:
the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of the penal law.
the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02;
the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04;
the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05; ande) the maximum term of the indeterminate sentence of the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 .
Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
Procedures For Dealing with Hate and Bias-Related Crimes
A Medgar Evers College student who is found to have committed a hate or bias-related crime is subject to arrest and disciplinary action, which can include admonition, deprivation of certain privileges, probation, suspension, or expulsion.
Counseling and Psychological Services
The counseling philosophy of Medgar Evers College, CUNY is “to motivate and assist students in their pursuit of education, career, and personal/social empowerment for life-long self-development”
Counseling Services’ objective is to provide and foster a comprehensive approach and perspective on psychosocial education and to encourage a collaborative dialog between staff and students. Counseling can assist in developing tools to aid students with public awareness and creativity towards their growth.
Mental Health Counselors provide individual and group counseling in the psycho-social areas, such as self-esteem, domestic violence, hate crimes, bereavement/grief, strengthening family relationships, anxiety, and depression. Counseling & Psychological Services facilitate and implement workshops for students, staff and faculty regarding issues of sexual assault, psychological distress, campus violence, hate crimes, tobacco cessation, post-traumatic stress disorder (PTSD), and other mental health issues. In addition, Counselors use their skills to assist students and clients in achieving objectives through exploring a problem and its ramifications, examining attitudes and feelings, considering alternative solutions, and decision-making.
Updates About Security Procedures
The College updates and advises the campus community about security procedures, including those related to hate crime, via the Annual Security Report, the College Catalog, and the Student Handbook.
Education Law § 6433 Crime Statistics Notice
The College’s Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education. You may obtain these statistics at http://ope.ed.gov/security/ or by calling the College’s Director of Public Safety at 718-270-6069. The College’s Annual Security Report is also available at: http://www.mec.cuny.edu/Office-of-Administration-and-Finance/Public-Safety/.