Professional Documents
Culture Documents
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Making!the!Connections:!Lawyering,!Community!and!Social!Justice!
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Nineteenth!Edition!
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Editorial!Coordinator:! Patricia!Kennedy!
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Produced!and!printed!in"house!by!
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District!Council!37!(AFSCME)!
INTRODUCTION
Welcome...or welcome back...to the Law School. The staff and faculty of the City
University of New York School of Law wish you a stimulating, challenging and rewarding year.
This Student Handbook contains the policy, rules, and regulations all students at the Law
School are required to observe. As you review its contents, you will also find useful information
on the wide range of services and activities at the Law School.
Any requests for modification of, or exemptions from, the provisions of the Handbook
should be made in writing to the Office of Student Affairs or other relevant offices as instructed
in this Handbook. We hope the Handbook will be a useful and ever-present part of your life at
the Law School.
RESERVATION OF RIGHTS
This Handbook is primarily intended for the guidance of the students of CUNY School of
Law. The Handbook generally sets forth the manner in which the Law School intends to proceed
with respect to the matters addressed. The Law School reserves the right to depart from the
terms of this Handbook for good cause and without notice. This version of the Student
Handbook supersedes all previous editions.
The City University of New York reserves the right, because of changing conditions, to
make modifications of any nature in the academic programs and requirements of the University
and its constituent colleges without notice. Tuition and fees set forth in this publication (or on
this website) are similarly subject to change by the Board of Trustees of The City University of
New York. The University regrets any inconvenience this may cause.
INTRODUCTION ................................................................................................................ i
RESERVATION OF RIGHTS ............................................................................................... i
IMPORTANT NOTICE OF POSSIBLE CHANGES ................................................................... i
TABLE OF CONTENTS ..................................................................................................... ii
Course of Study..................................................................................................2
Financial Aid....................................................................................................55
LIBRARY ..............................................................................................................100
Circulation Policies........................................................................................100
Library Directory of Services ........................................................................101
To schedule an appointment or to check on the status of an • academic support and opportunities for individual
academic matter, please call (718) 340-4370. You may use e- assistance should be available to complement classroom and
mail as appropriate to ask a specific question, to seek advice, or peer-learning opportunities
to provide information that would enable us to be better prepared
for meeting with you.
Third-year students have the option of participating in either one Concentration or one Clinical program. The choice of
which Concentration, Clinical and elective courses will be offered is determined each year and the Law School expressly reserves the
right to change or modify these offerings for future years. The following Clinics and Concentrations will be offered in the 2009-2010
school year:
Concentrations
Equality One semester 12 credits
Health One semester 12 credits
Clinics 12 - 16 credits
Defenders One semester 12 credits
Community Economic Development One semester 12 credits
Immigrants’ Rights Two semesters 8 credits/semester
Elder Law One semester 12 credits
International Women’s Human Rights Two semesters 8 credits/semester
Mediation One semester 12 credits
2
GRADUATION REQUIREMENTS in residence for at least 75 weeks (5 semesters) but may not be in
residence more than 105 weeks (7 semesters). Residency credits
To earn the Juris Doctor degree from the CUNY School of Law, are accrued for each semester in which a student successfully
a student must pass all required courses, earn 91 credits, be in completes 10 or more credit-hours; however, a summer session
good academic standing, and comply with the attendance, which includes successful completion of at least 5 credits may be
residency, and other requirements described below. counted as a half-semester toward the residency weeks
requirement. See Part 502 of the Rules of the Court of Appeals.
NON-ACADEMIC WORK AND ATTENDANCE
If, due to a grade of Incomplete (I) or Fail (F), the student does
The Law School program is a full-time, day program of not successfully complete at least 10 credit-hours, no residency
instruction. It requires students to devote substantially all of their credits are accrued for the semester. If fewer than 10 successful
time to their studies during the school year. credits are earned, a student may receive full residency credit for
the semester by repeating courses failed or applying to that
a. In compliance with ABA standard 304(f), the Law semester credits earned in an approved summer program, but the
School requires regular and punctual class attendance. student must check with the Office of Academic Affairs to
Interpretation and implementation of this policy rests, in the first ensure that the timing of the summer credits will permit the
instance, with the faculty member teaching each course. operation of this exception. See Part 502 of the Rules of the
Absences may lead to failure in a course even where a student Court of Appeals.
has satisfactorily completed other requirements. Absences of
more than two consecutive class days due to illness or other No more than a combined total of 10.5 credits towards
extraordinary circumstances should be reported by the faculty to graduation may be earned in the following courses: Teaching
the Office of Academic Affairs. Even excused absences may Assistant, Independent Study, Law Review, Moot Court, and
lead to failure or withdrawal from a course. Public Interest/Public Service (counted as 1.5 credits towards
this limit).
b. In compliance with ABA standard 304(f), a student
may not engage in employment for more than 20 hours per week. PARTICIPATION IN COMMENCEMENT CEREMONY
At the conclusion of an exam, students must stop writing or The Filing of Petitions
typing promptly when told by the proctor that time is up. Failure A student who cannot attend a scheduled exam or submit a take-
to promptly stop and/or promptly submit completed exams, may home exam on time is required to file a petition with the
result in penalties including grade reductions, or exam Assistant Dean of Students prior to the scheduled exam time or
disqualification. deadline. When a student is physically unable to file the written
petition prior to the exam or deadline, s/he must notify the
EXAMINATION ABSENCES, CONFLICTS, AND Student Affairs Office before the start of the examination. In
ACCOMMODATIONS this case, the petition must be filed within 24 hours after the
student is able to return and must include additional
The Law School recognizes that a personal crisis may documentation justifying the lateness of the petition.
temporarily interrupt or interfere with a student’s educational
obligations or academic performance. While it is the An individual who cannot attend an exam and is physically
responsibility of each student to be present at the appointed time unable to contact the Student Affairs Office prior to the
for classes and examinations and to meet deadlines for the scheduled examination must notify the Office at the earliest time
submission of assignments, there may be times when, through no possible. The petition form for these students must be filed
fault of their own, some students will miss scheduled within 24 hours after they are deemed able to return and must
examinations or deadlines. The regulations and procedures for include supplemental documentation justifying the delay both in
requesting make up examinations or postponing examination the notification of the absence and the filing of the written
deadlines are outlined below. petition.
Before a makeup examination or extension of a take-home
Makeup Examinations examination deadline can be approved, students will be required
to sign a statement attesting that they have not discussed with
A student will be excused from taking an examination at the others in the class anything about the examination in question or
assigned date and time or from meeting a take-home examination acquired information that would compromise the integrity of the
deadline only upon approval from either the instructor of the examination and grading processes.
course or the Assistant Dean of Students. The Assistant Dean of
Students has the sole authority for reviewing all petitions for Arrangements for Makeup Examinations After the Approval of
examinations designated as a midterm or final for all courses. Petitions
Instructors of courses will review requests for examinations that
are not designated as midterms or finals as well as for excused When a petition has been approved, it is the student’s
class absences and extensions of time for the completion of class responsibility to contact the Office of the Assistant Dean of
assignments. Students to arrange for a makeup exam. The student must
contact the Office within 48 hours after the circumstances cited
Petition forms for midterm or final examinations are available at as the cause for the request have diminished to the degree that
the Student Affairs Office. The forms require students to specify the student is deemed able to return. A student who fails to
the courses for which the makeup exam or permission for the arrange for a makeup exam within the 48-hour period will
delay is requested. Only exams for courses specified in the receive a grade of “F” for the exam. Makeup exams must be
written petitions are considered. Unless specifically stated, administered at the earliest time possible as determined by the
Director of Student Services. Except in extraordinary
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
11
circumstances, verified in writing and approved by the Assistant Any student who, without permission and in the absence of an
Dean of Students, makeup exams will not be administered later approved petition, fails to take a regularly scheduled course
than 30 days after the original examination date. exam, is considered to have an unexcused examination absence
and will receive a grade of “Fail” (F) for the examination.
All makeup examinations must begin promptly as scheduled and
students must sign an attendance sheet before taking each LAPTOP EXAMINATION POLICY
makeup exam. When a student arrives late to the makeup
examination, s/he forfeits the time that has elapsed and must Every student who takes an exam on laptop agrees to and is
complete the examination within the amount of time remaining subject to this policy.
in the pre-arranged period.
I will need to have installed the appropriate Securexam software.
Makeup Exam Fee
If I have any doubts about my laptop’s reliability, I will plan to
All makeup final examinations are subject to the CUNY write my exam. I am aware that any time you use a computer
examination fee. The fee for the first makeup examination is you take some risk of an error occurring that cannot be corrected
$15, with each additional makeup examination during that regardless of the best efforts made. I understand that if my
semester costing $5. Fees are payable by cash or money order laptop fails during the exam, I will have to finish the exam by
(no personal checks) to the Business Office before the start of writing it. No extra time will be allowed for attempting to
the exam. You must present your paid receipt to the Office of resolve computer problems during the exam. CUNY School of
the Dean of Students in order to take the examination. This fee Law will not provide any technical support for any computer
applies only to final examinations. problems encountered on the day of the exam. I understand that,
should my laptop fail during the exam, I will immediately
Accommodations for Students with Disabilities request a bluebook and complete the exam by writing in a
bluebook. In that situation, an attempt may be made to retrieve
The Law School is committed to providing reasonable any portion of the exam completed on my computer from my
accommodations for students with certified physical or learning hard drive after the exam. If the portion of an exam completed
disabilities. Some students with disabilities will be able to take on my computer cannot be retrieved within 24 hours, the Dean
their exams with the rest of their classmates. However, for those of Students, in consultation with the instructor, will determine
who are approved for additional time or other accommodations, remedial options, if any.
a room will be reserved as a special exam room and will be
separately monitored by a faculty member or an administrator. Students are allowed to use computers to take certain exams,
The Office of Student Affairs will notify the professors of subject to the rules and regulations set forth in the CUNY School
students with disabilities regarding approved accommodations of Law Student Handbook. Individual faculty members may add
prior to the last day of classes. For information about further restrictions on the use of computers for examinations, or
certification requirements and appropriate accommodations, may amend the restrictions listed here. In that case, the faculty
please refer to the section of the Handbook on “Services for member will communicate his/her policy to the students, and will
Students with Disabilities.” provide specific, written exam instructions. Make sure you read
and familiarize yourself with all the information set forth here
Conflicts with Course Exams and or applicable School rules.
The Assistant Dean of Students may schedule students to take a I. Exam Software & Hardware
makeup examination because of 1) direct conflict; 2) effective
conflict; or 3) religious conflict. If you would like to take your final exams on laptop you MUST
have the software (Securexam Software Version 6) installed on
Examination conflicts are defined as: your computer. You will be notified of the date by which you
must have the software installed. After the deadline, there will
Direct Conflicts—Two examinations scheduled at the same time. be no further installation of software and you MUST take the
Effective Conflicts—Three final examinations scheduled within exam by bluebook, NO exceptions. However, even if you have
any 48-hour period, or two final examinations scheduled in the software installed you may elect to take your exam by
consecutive periods (same day). bluebook. Laptop users and Bluebook writers will be in separate
rooms during the exam period.
Requests for rescheduling of examination times due to
conflicts must be made by filing a petition with the Assistant In order to take a final exam on a laptop, the laptop where
Dean of Students at least one week before the examination. Securexam is to be installed MUST meet the following minimum
H. If you experience a computer problem, DO NOT Paper copies of the exams will be provided to the faculty
attempt to resolve the problem, no matter how knowledgeable member by his/her assistant. Electronic files will be retained by
you are about computers. Immediately notify the computer exam the law school. Do not uninstall Securexam or delete your
room proctor and request a blue book. The proctor will then exam(s) until you are absolutely sure that any Securexam back-
give you a blue book to begin handwriting. Handwrite the rest ups will never be needed. Please leave Securexam installed on
of your exam until you finish or until time is called. your computer along with your exam(s) until you have received
No extra time will be allowed for attempting to resolve computer all of your final grades for the entire academic year. However,
problems. IT will not diagnose computer problems or provide you will not be able to view your answers after the test since the
any technical support for any computer problems encountered on exam is saved in an encrypted format for security reasons.
the day of the exam. You will have to write the remainder of the Please check your e-mail after the exam. If there is a problem
exam in a bluebook. printing your exam, the IT department will notify you the same
day to bring in your laptop for exam recovery.
After the exam is concluded, computer support staff will attempt
to recover the Securexam portion of your exam. The safety FAQ’s
features of Securexam will, in all likelihood, allow computer
support staff to recover the contents of your exam up to the last 1. What do I need to do to take an exam on Laptop?
auto-save before the problem occurred. If you would like to take your final exams on laptop you must
have “Securexam Software V.6” installed on your exam
NOTE: There is no guarantee that your exam answers will computer. Check with Tech-Support to ensure that you have the
always be recoverable in every situation -- this is true no matter correct Securexam version.
what computer testing program you use. Any time you use a
computer you take some risk of an error occurring that cannot be 2. How does Securexam work?
corrected regardless of the best efforts made. If the incomplete Securexam enables you to take exams in a secure environment
exam cannot be retrieved within 24 hours, the Dean of Students, using a simplified word processor. Securexam locks out access
in consultation with the instructor, will determine remedial to all other files and programs. If you attempt to launch any
options, if any. other applications by using the Ctl+Alt+Delete function, this will
be recorded on the exam.
IV. Conclusion of the Exam
3. What features are available on Securexam
When the "STOP TYPING” command is given, you must stop All basic editing functions are included such as cut, copy, paste,
typing or writing immediately. Failure to stop upon the final spell check and undo. Importantly, there is an autosave feature
command will result in charges of exam procedure violation. that saves your file every 60 seconds to ensure that answers
cannot be lost.
When you are finished with the exam (either when time is called
or beforehand), exit the exam by clicking the exit pull-down 4. What should I do before exam day?
menu. Securexam will then prompt you to indicate where the Ensure that your computer is in optimal condition. If you have
proctor has asked you to save your exam (usually your desktop) any doubts about your laptop’s reliability, please take your exam
and bring you to the exit menu. Once you exit the exam, you by Bluebook. Familiarize yourself with the software and its
will not be allowed to re-enter. features prior to the start of your exam. Run a practice exam
8. What happens if I experience computer problems during the II. Determination of Appropriate Procedure. If students have any
exam? question about the applicable procedure to follow for a particular
If you experience a computer problem, immediately notify IT complaint, they should consult with the chief student affairs
staff in the exam room. If the problem can not be resolved you officer. In particular, the chief student affairs officer should
will have to finish the exam by Bluebook. advise a student if some other procedure is applicable to the type
of complaint the student has.
NOTE: There is no guarantee that your exam answers will
always be recoverable in every situation -- this is true no matter III. Informal Resolution. Students are encouraged to attempt to
what computer testing program you use. Any time you use a resolve complaints informally with the faculty member or to seek
computer you take some risk of an error occurring that cannot be the assistance of the department chairperson or campus
corrected regardless of the best efforts made. If the incomplete ombudsman to facilitate informal resolution.
exam cannot be retrieved within 24 hours, the Academic Dean,
IV. Formal Complaint. If the student does not pursue informal
in consultation with the instructor, will determine remedial
resolution, or if informal resolution is unsuccessful, the student
options, if any.
may file a written complaint with the department chairperson or,
if the chairperson is the subject of the complaint, with the
9. How will exams be submitted at the end of the exam period?
academic dean or a senior faculty member designated by the
You will submit your exam via the Securexam Transfer Utility to
college president. (This person will be referred to below as the
the PlanetSSI Securexam server through the wireless network. If
“Fact Finder.”)
you do NOT have wireless capability, you are responsible for
uploading your exam via a networked computer. A. The complaint shall be filed within 30 calendar days of the
alleged conduct unless there is good cause shown for delay,
10. What do I do when I’m finished with the exam? including but not limited to delay caused by an attempt at
1st: Upload your exam to the PlanetSSi Securexam server. informal resolution. The complaint shall be as specific as
2nd: Turn in all your exam materials and sign out. possible in describing the conduct complained of.
If you fail to sign out and return all materials, you will have no
record of having taken the exam B. The Fact Finder shall promptly send a copy to the faculty
member about whom the complaint is made, along with a letter
11. What should I do after the exam? stating that the filing of the complaint does not imply that any
Do not uninstall Securexam or delete your exam(s). Please wrongdoing has occurred and that a faculty member must not
check your e-mail after the exam. retaliate in any way against a student for having made a
complaint. If either the student or the faculty member has reason
PROCEDURES FOR HANDLING STUDENT to believe that the department chairperson may be biased or
COMPLAINTS ABOUT FACULTY CONDUCT IN otherwise unable to deal with the complaint in a fair and
ACADEMIC SETTINGS objective manner, he or she may submit to the academic dean or
the senior faculty member designated by the college president a
written request stating the reasons for that belief; if the request
Plagiarism is the act of presenting another person’s ideas, • Orientation sessions for all new faculty (full and part-time)
research or writings as your own. and students should incorporate a discussion of academic
integrity. Packets containing information explaining the policy,
The following are some examples of plagiarism, but by no means the procedures that are in place, and examples of infractions
is it an exhaustive list: should be distributed. These packets should be readily available,
• Copying another person’s actual words without the use of throughout the academic year, in the appropriate offices of the
quotation marks and footnotes [endnotes or citations] attributing law school and the locations of those offices should be widely
the words to their source. publicized. Colleges using additional resources to detect
• Presenting another person’s ideas or theories in your own plagiarism should publicize these resources widely.
words without acknowledging the source.
• Using information that is not common knowledge without • All college catalogs, student handbooks, and college
acknowledging the source. websites should include the CUNY and college academic
• Failing to acknowledge collaborators on homework and integrity policy and the consequences of not adhering to it. The
laboratory assignments. Policy on Academic Integrity, as adopted by the Board, shall be
distributed to all students. All syllabi and schedules of classes
Internet plagiarism includes submitting downloaded term should make reference to the CUNY and college’s academic
papers or parts of term papers, paraphrasing or copying integrity policy and where they are published in full.
information from the internet without citing the source, and • A “Faculty Report” form should be used throughout the
“cutting & pasting” from various sources without proper University to report incidents of suspected academic dishonesty
attribution. (sample attached). It is strongly recommended that the faculty
member should report all such incidents by completing and
Obtaining Unfair Advantage is any activity that intentionally submitting the form to the chief student affairs officer, the
or unintentionally gives a student an unfair advantage in his/her Academic Integrity Committee if the law school has established
academic work over another student. one (see recommendation below), or other appropriate academic
integrity official whom the law school may designate
The following are some examples of obtaining an unfair (collectively referred to hereinafter as the “Academic Integrity
advantage, but by no means is it an exhaustive list: Official”). A follow-up form should be submitted to the student’s
• Stealing, reproducing, circulating or otherwise gaining advance academic integrity file by the adjudicating person or body once
access to examination materials. the suspected incident has been resolved pursuant to one of the
• Depriving other students of access to library materials by methods described below. Although forms need not be uniform
stealing, destroying, defacing, or concealing them. across the University, they need to be uniform within each
• Retaining, using or circulating examination materials which college. The form should provide at least minimal information
clearly indicate that they should be returned at the end of the such as the name of the instructor and student, course name and
exam. number, date of incident, explanation of incident and the
• Intentionally obstructing or interfering with another student’s instructor’s telephone/e-mail contact information; it should be
work. easy to use and process. Except as otherwise provided in the
CUNY Procedures, the Academic Integrity Official of each
Falsification of Records and Official Documents college should retain the forms for the purposes of identifying
repeat offenders, gathering data, and assessing and reviewing
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
17
policies. culpability was “disciplinary” (a question of fact) or “academic”
(a question of the instructor’s expert judgment). This distinction
• CUNY will develop a website on Academic Integrity. This has proved difficult to apply on campus. Accordingly, these
website will include suggestions for faculty, students and procedures provide for alternative approaches depending on the
administrators to reduce cheating or plagiarism, resources on severity of the sanction(s) being sought. If the instructor desires
academic integrity and links to relevant sites. Future plans also solely an “academic” sanction, that is, a grade reduction, less
include the development of an on-line training program to raise process is due than if a “disciplinary” sanction, such as
awareness about academic integrity. suspension or expulsion, is sought.
• The Committee recommends that this CUNY Policy on A faculty member who suspects that a student has committed a
Academic Integrity, dated Spring 2004, be adopted by the violation of the CUNY or the college Academic Integrity Policy
Board of Trustees. shall review with the student the facts and circumstances of the
suspected violation whenever possible. The decision whether to
• Colleges should adopt the “PEN” (Pending) grade to facilitate seek an academic sanction only, rather than a disciplinary
the implementation of the Procedures for Imposition of Sanctions. sanction or both types of sanctions, will rest with the faculty
This grade already exists in the University’s Glossary of Grades. member in the first instance, but the college retains the right to
bring disciplinary charges against the student. Among the factors
• Colleges may wish to consider issuing a Student Guide to the college should consider in determining whether to seek a
Academic Integrity. An excellent example is a document that disciplinary sanction are whether the student has committed one
students at Baruch College developed called “Student Guide to or more prior violations of the Academic Integrity Policy and
Academic Integrity at Baruch College.” The Guide is in its final mitigating circumstances if any. It is strongly recommended that
stages of approval. every instance of suspected violation should be reported to the
Academic Integrity Official on a form provided by the college as
• Each college should consider joining the Center for Academic described in the third Recommendation for Promoting Academic
Integrity. Integrity, above. Among other things, this reporting will allow
• Colleges should consider subscribing to an electronic the college to determine whether it wishes to seek a disciplinary
plagiarism detection service. Any college that does subscribe sanction even where the instructor may not wish to do so.
must notify every student each semester of the fact that such a
service is available for use by the faculty. B. Procedures In Cases Where The Instructor Seeks An
Academic Sanction Only
• Colleges should consider establishing an Academic Integrity
Committee, to serve in lieu of grade appeals committees in cases 1. Student Accepts Guilt And Does Not Contest The Academic
of academic dishonesty, which would hear and decide contested Sanction
grade reductions that faculty members award because of students’ If the faculty member wishes to seek only an academic sanction
1
violations of the Academic Integrity Policy and collect and (i.e., a reduced grade only), and the student does not contest
maintain files of Faculty Report forms of suspected and either his/her guilt or the particular reduced grade the faculty
adjudicated violations of the Academic Integrity Policy. member has chosen, then the student shall be given the reduced
grade, unless the college decides to seek a disciplinary sanction,
• Establish a mechanism for preventing students from dropping a see Section I above and IV below. The reduced grade may apply
class in order to avoid an investigation and/or imposition of a to the particular assignment as to which the violation occurred or
sanction for a violation of academic integrity. to the course grade, at the faculty member’s discretion.
III. Procedures For Imposition Of Sanctions For Violations 2. Student Denies Guilt And/Or Contests The Academic
Of CUNY Policy On Academic Integrity Sanction
If the student denies guilt or contests the particular grade
A. Introduction awarded by the faculty member, then the matter shall be handled
using the college’s grade appeals process, including
As a legal matter, in disciplining students for violations of departmental grading committees where applicable, or the
policies of academic integrity, CUNY, as a public institution, Academic Integrity Committee. In either case, the process must,
must conform to the principles of due process mandated by the at a minimum, provide the student with an opportunity to be
Fourteenth Amendment to the United States Constitution -- heard and to present evidence.
generally speaking, to provide notice of the charges and some
opportunity to be heard. In the context of court litigated
1
violations, questions as to how much and what kind of process A reduced grade can be an “F,” a “D-,” or another grade that is lower than the
was “due” turn on the courts’ judgment whether the decision on grade that would have been given but for the violation.
If a faculty member or the college seeks to have both a Adopted By The Board Of Trustees On June 28, 2004.
disciplinary and an academic sanction imposed, it is not
advisable to proceed on both fronts simultaneously lest
inconsistent results ensue. Thus, it is best to begin with the
disciplinary proceeding seeking imposition of a disciplinary
sanction and await its outcome before addressing the academic
sanction. If the Faculty-Student Disciplinary Committee finds
that the alleged violation occurred, then the faculty member may
reflect that finding in the student’s grade. If the Faculty-Student
Disciplinary Committee finds that the alleged violation did not
occur, then no sanction of any kind may be imposed. The
decision whether to pursue both types of sanctions will
ordinarily rest with the faculty member.
E. Reporting Requirements
2
Typically, disciplinary sanctions would be sought in cases of the most
egregious, or repeated, violations, for example: infraction in ways similar to
criminal activity (such as forging a grade form; stealing an examination from a
professor or a university office; or forging a transcript); having a substitute take
an examination or taking an examination for someone else; sabotaging another
student’s work through actions designed to prevent the student from successfully
completing an assignment; dishonesty that affects a major or essential portion of
work done to meet course requirements. [These examples have been taken from a
list of violations compiled by Rutgers University.]
It is necessary to complete this form to report any instance of suspected and/or adjudicated academic
dishonesty. Make a copy for your records and forward the original, along with copies of all available supporting
documentation, to the:
Instructor Name:
Dept:_________________________ Tel.No:_____________e-mail:___________________
Course:__________________Section:_________________Semester::__________________
Date of Incident:____________________________________________________________
Explanation of incident:___________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
_________
Did the student admit to the charge of cheating, plagiarism or other act of academic dishonesty?
Yes_____ No_____
Explanation_____________________________________________________________________
_______________________________________________________________________________
Have you resolved the matter informally? Yes___ No___ If yes, how?
A failing grade on the exam/paper_____ A failing final grade_____
Other _____ (please explain)
Adjudication____________________________________________________________
Signature of Adjudicator__________________________________________________
Lack of course attendance or notification to the professor A. As an alternative to disciplinary action that may be
does not constitute an official withdrawal. Failure to comply taken under Article XV of CUNY’s Bylaws, a college of
with the official withdrawal policy will result in a grade of CUNY may bring a proceeding to require a student to
“WN” or a grade of “WU” in each course for which a student withdraw from the University, or, under some circumstances,
did not officially withdraw. the student’s home college and/or from residence in a college
residence hall under this withdrawal policy and procedures
A grade of “WN” (Withdrew, Never Attended) is assigned to when the student’s behavior evidences a direct threat of harm
a student who never attended a course and did not officially to others, or when the student’s behavior substantially
withdraw. disrupts the learning or working environment of others. A
direct threat means a significant risk of harm to health or
A grade of “WU” (Unofficial Withdrawal) is assigned to a safety.
student who attended a minimum of one class, stopped
attending, but did not officially withdraw. A grade of “WU” B. A student who threatens to commit or attempts to
is equivalent to an “F” grade. commit suicide, and who does not otherwise threaten direct
harm to others or substantially disrupt the learning or
THE CITY UNIVERSITY OF NEW YORK MEDICAL working environment of others, shall not be subject to
WITHDRAWAL AND RE-ENTRY POLICY AND disciplinary action for that threat or attempt under Article XV
PROCEDURES GOVERNING STUDENT BEHAVIOR of the CUNY’s Bylaws. If a college determines that
THAT PRESENTS A DIRECT THREAT OF HARM TO withdrawal of the student or retention of the student subject
SELF OR OTHERS OR SUBSTANTIALLY DISRUPTS to specified conditions is appropriate because the student’s
THE LEARNING OR WORKING ENVIRONMENT OF behavior threatens direct harm to him or herself, the
OTHERS procedures outlined below shall apply instead of disciplinary
procedures.
I. Introduction
C. A student who withdraws or is withdrawn from the
The City University of New York (“CUNY”) is committed to University, a college or college residence hall pursuant to
the academic success and personal growth of its students. As this policy may apply for re-entry to the University, a college
part of that commitment, CUNY and its constituent campuses and/or to a college residence hall. The application for re-
are responsible for providing a safe learning and working entry shall be made to the student’s home college’s Chief
environment for students, faculty, staff and other members of Student Affairs Officer, who shall determine whether the
the University community. Some students may, because of a student still presents a direct threat of harm to him or herself
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
22
or others or still presents a significant risk to substantially emergency interim removal under these procedures is
disrupt the learning or working environment of others. If the appropriate.
Chief Student Affairs Officer or designee determines, based
on the assessment of a qualified, licensed mental health c. If the student refuses to meet, and/or refuses to
professional, that there is not a significant risk that the undergo such assessment or to keep a scheduled
behavior that required withdrawal will be repeated, he or she appointment, the Chief Student Affairs Officer or designee
shall approve the student’s application for re-entry. may require emergency interim removal without a meeting
and/or mental health assessment if he or she reasonably
III. Procedures concludes on the basis of the available evidence that the
student’s behavior evidences an immediate, severe and direct
A. Emergency Interim Removal threat of harm to the student or others or is substantially
1. If a student’s behavior presents an immediate, disrupting the working or learning environment of others and
severe and direct threat to him or herself or others (by presents a significant risk to continue that substantial
evidencing a likelihood of harm to him or herself or others), disruption. The Chief Student Affairs Officer or designee
or is substantially disrupting the learning or working shall consult with the University’s Office of the General
environment of others, the Chief Student Affairs Officer or Counsel before making such a determination.
designee (if such Officer is not immediately available) may 4. The emergency interim removal from the College
direct an emergency interim removal of the student that and/or residence hall shall remain in effect until a final
restricts the student’s access to the College’s campus or decision has been made pursuant to the procedures below,
residence hall, as appropriate, for an interim period before a unless, before a final decision is made, the Chief Student
final determination of the matter. The Chief Student Affairs Affairs Officer or designee determines that the reasons for
Officer or designee shall consult with the University’s Office imposing the interim removal no longer exist.
of the General Counsel prior to making any such direction.
B. Withdrawal after Emergency Interim Removal
2. The fact that a student has threatened to commit
suicide or attempted suicide, by itself, does not allow the 1. If a student has been subjected to an emergency
Chief Student Affairs Officer or designee to direct an interim removal from the college and/or residence hall, the
emergency interim removal. In all cases involving such college shall request retention with conditions or voluntary
students, the Chief Student Affairs Officer or designee must withdrawal within 7 calendar days of such removal. Should
attempt to have the student individually assessed by a mental the request for retention with conditions or voluntary
health professional as outlined below in A.3. before deciding withdrawal request be refused, the College shall determine
whether to direct an emergency interim removal. within 7 calendar days of such refusal whether to take further
action against the student, including whether to initiate
3. Except as permitted in III A. 1. above, before involuntary withdrawal proceedings or, disciplinary
determining whether to require an emergency interim proceedings under Article XV of the CUNY Bylaws, as
removal, the Chief Student Affairs Officer or designee shall applicable under II A. above, and shall send notice of either
take the following steps: such proceeding in accordance with the notice requirements
of the applicable procedure within that 7-day period. For
a. exercise all reasonable efforts to meet with the students who have been subjected to an emergency interim
student; and removal without having undergone the assessment
procedures outlined in III A. 3 above, the College shall
b. in that meeting, offer the student the opportunity follow the assessment procedures outlined below in B.2. a.
to be evaluated at the college’s expense by a qualified, prior to determining its course of action.
licensed mental health professional, who may be an
employee of a college of CUNY or CUNY or on retainer to a 2. In cases where the student has been subjected to an
college of CUNY or CUNY. Whenever possible, that emergency interim removal without assessment, the
professional shall have had no prior contact with the student. procedure for determining whether withdrawal is appropriate
The professional shall assess whether the student’s behavior is as follows:
presents an immediate, severe and direct threat to him or
herself or others or presents a significant risk to repeat a. The Chief Student Affairs Officer or designee
behavior that substantially disrupts the learning or working shall exercise best efforts to meet with the student to discuss
environment of others, and, if so, whether the student’s the student’s behavior and to hear the student’s explanation
behavior may be the result of a medical issue. That of the alleged behavior. If, after hearing the explanation, the
professional shall present his or her findings to the Chief Officer or designee still wishes to consider the possibility of
Student Affairs Officer or designee, who shall determine the student’s withdrawal, he or she shall offer the student an
based on those findings and other evidence available whether opportunity to be evaluated, at the college’s expense, by a
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
23
qualified, licensed mental health professional, who may be C. Withdrawal of Students Without Emergency Interim
an employee of a college of CUNY or CUNY, or on retainer Removal
to a college of CUNY or CUNY. Whenever possible, that
professional shall have had no prior contact with the student. 1. Students Who Present a Direct Threat of Harm to
The professional shall make findings concerning whether the Others or Substantially Disrupt the Learning or Working
student’s behavior presents a direct threat of harm to him or Environment of Others
herself or others or presents a significant risk to repeat
behavior that substantially disrupts the learning or working a. Voluntary Withdrawal or Retention with
environment of others and if so, whether the student’s Conditions
behavior may be the result of a medical issue. The
professional shall report such findings to the Chief Student (1) In situations where a student’s behavior
Affairs Officer, who shall, based on those findings, and after evidences a direct threat of harm to him or herself or others
consultation with the University’s Office of the General or substantially disrupts the learning or working environment
Counsel, determine the appropriate action, including whether of others and presents a significant risk to repeat behavior
to request that the student withdraw from the University, the that substantially disrupts the learning or working
college and/or the college residence hall or whether to environment of others and the Chief Student Affairs Officer
request that the student agree to specified conditions in lieu reasonably believes that the student’s behavior may be
of withdrawal. connected to a medical issue, the Chief Student Affairs
b. If the student refuses to undergo the requested Officer or designee may request that the student voluntarily
assessment, or fails to keep the scheduled appointment, and withdraw or agree to retention under conditions.
the Chief Student Affairs Officer reasonably concludes on
the basis of the available evidence that the student’s behavior (2) If the student agrees to the request for voluntary
presents a direct threat of harm to him or herself or others or withdrawal or to the specified conditions, the Chief Student
substantially disrupts the learning or working environment of Affairs officer or designee shall (i) discuss with the student
others and presents a significant risk to repeat behavior that the procedures for and consequences of voluntary withdrawal
substantially disrupts the learning or working environment of or the specified conditions, as applicable; (ii) discuss the
others, the Chief Student Affairs Officer may request that the circumstances with the student’s parents or legal guardians as
student voluntarily withdraw from the University, the college permissible by law and as appropriate; (iii) consult with the
and/or the college residence hall. The Chief Student Affairs student’s academic advisor or department, as appropriate;
Officer shall consult with the University’s Office of the (iv) consult with the residence hall director, as appropriate;
General Counsel before making any such request. (v) refer the student to appropriate resources for treatment;
and (vi) advise the student concerning the process for
c. If the student agrees to the request for voluntary applying for re-entry, as well as on conditions for re-entry, if
withdrawal or to the specified conditions, the Chief Student applicable and appropriate.
Affairs officer or designee shall (i) discuss with the student
the procedures for and consequences of voluntary withdrawal b. Involuntary Withdrawal
or the specified conditions, as applicable; (ii) discuss the
circumstances with the student’s parents or legal guardians as (1) If the student does not agree to the request for
permissible by law and as appropriate; (iii) consult with the voluntary withdrawal or to the specified conditions, the Chief
student’s academic advisor or department, as appropriate; Student Affairs Officer shall determine, in consultation with
(iv) consult with the residence hall director, as appropriate; the University’s Office of the General Counsel, whether to
(v) refer the student to appropriate resources for treatment; take further action against the student, including whether to
and (vi) advise the student concerning the process for initiate involuntary withdrawal proceedings or disciplinary
applying for re-entry, as well as on conditions for re-entry, if proceedings under Article XV of the CUNY Bylaws.
applicable and appropriate.
(2) Before initiating involuntary withdrawal
d. If the student does not agree to the request for proceedings under this procedure, the Chief Student Affairs
voluntary withdrawal or to the specified conditions, the Chief Officer shall follow the assessment procedures outlined
Student Affairs Officer shall determine, in consultation with above in B.2.
the University’s Office of the General Counsel, whether to
take further action against the student, including whether to 2. Students Who Present a Direct Threat of Harm
initiate involuntary withdrawal proceedings, or, in the case of Solely To Themselves
students referenced in II A. above, whether to initiate
disciplinary proceedings under Article XV of the CUNY a. The College shall follow the assessment and
Bylaws. other procedures outlined above in B.2 a.-d. in order to
determine the appropriate course of action.
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
24
the student’s behavior presents a direct threat of harm to him
D. Involuntary Withdrawal Procedures or herself or others, or has substantially disrupted the
learning or working environment of others and presents a
1. The following shall be the procedures for significant risk of threatening further substantial disruption
involuntary withdrawal: of the learning or working environment of others, and if so,
what the appropriate remedy should be. The Health Review
a. Notice of the involuntary withdrawal hearing and Committee may also set reasonable and appropriate
the time and place of the hearing shall be personally conditions on re-entry. The decision of the Health Review
delivered or sent by the Chief Student Affairs Officer or Committee shall be made within five business days from the
designee of the student’s home college to the student at the close of the hearing.
address appearing on the records of the College, by overnight
or certified mail, by regular mail, and, for students who have E. Appeals
a college e-mail address, to that e-mail address. Notice of at An appeal from the decision of the Health Review
least five business days shall be given to the student in Committee may be made to the President of the student’s
advance of the hearing unless the student consents to an home college or the President’s designee within thirty
earlier hearing. calendar days after the delivery of the decision appealed
from. The President or designee shall make his or her
b. The notice shall contain (i) a statement of the determination on the appeal within fifteen business days
reasons involuntary withdrawal is sought (ii) the type of from receipt of the appeal. The President’s decision may be
withdrawal sought (from the University, the college and/or appealed to the Chancellor of the University or his or her
from the college residence hall); and (iii) a statement that the designee within thirty calendar days after the delivery of the
student has a right to present his or her side of the story, to President’s decision on appeal. The Chancellor or designee’s
present witnesses and evidence on his or her behalf, to cross- decision shall be made within fifteen business days from
examine witnesses presenting evidence against the student, to receipt of the appeal. The Chancellor (or designee’s)
remain silent without assumption of guilt, and to be decision shall be final. The bases overturning a decision of
represented by legal counsel or an advisor at the student’s the Health Review Committee at both levels of review are
expense. limited to the following: (i) clearly erroneous factual
findings; (ii) procedural irregularities; (iii) newly available
c. CUNY shall constitute a Health Review Panel, evidence that would have affected the outcome; (iv) the
comprised of qualified, licensed mental health professionals remedy and/or conditions on re-entry were unreasonable or
employed by a college of CUNY or by CUNY, or on retainer inappropriate.
to a college of CUNY or CUNY. CUNY’s Vice Chancellor
for Student Development shall appoint the members of the F. Re-entry
Health Review Panel. Members of the Health Review Panel,
in committees constituted separately for each hearing 1. A student who is withdrawn from the University, a
(“Health Review Committee”), shall be responsible for student’s home college and/or a college residence hall under
adjudicating all involuntary withdrawal hearings held this policy may be considered for re-entry.
according to these procedures. For each involuntary
withdrawal hearing, the Vice Chancellor for Student 2. A student wishing to be considered for re-entry
Development or his designee shall constitute a three-person should contact his or her home college’s Chief Student
Health Review Committee from the Health Review Panel to Affairs Officer and provide appropriate documentation of
adjudicate at that hearing. No member of the Health Review behavioral change and resolution of the initial behavioral
Committee shall have had prior contact with the student. All problem, including compliance with any conditions that may
decisions of the Health Review Committee shall be made by have been set for re-entry.
majority vote.
3. A student may apply for re-entry to the University, a
d. The hearing shall be closed, unless the student college and/or a college residence hall no more than one time
requests an open hearing. However, the Health Review per term.
Committee may overrule a request for an open hearing if it
determines that an open hearing would be inappropriate or 4. In assessing an application for re-entry, the Chief
disruptive in light of the nature of the evidence to be Student Affairs Officer or designee shall: (i) in cases in
presented. which he or she determines that an additional mental health
assessment is necessary, refer the student for assessment to a
e. After the evidence is presented at the hearing, the qualified, licensed mental health professional, at the
Health Review Committee shall determine whether the College’s expense; (ii) receive, investigate, and examine
College has proved, by a preponderance of the evidence, that appropriate relevant documentation, including assessments
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
25
made by college-referred mental health professionals, and, if effectuate a hold by the University Application Processing
applicable, licensed treating mental health professionals; (iii) Center on the student’s ability to transfer or otherwise seek
consult with the Health Review Committee, in cases in which admission to another college of CUNY.
the student’s withdrawal was adjudicated by such a
Committee; (iv) contact the student’s parents or legal H. Effect on Housing Status
guardians as permissible by law, if appropriate; (v) provide
an opportunity for the student to meet with the Chief Student If the student has been living in a college residence hall and
Affairs Officer or designee to discuss re-entry. will not be permitted to continue to do so, the student’s
contract will be canceled and fees refunded on a prorated
5. If the Chief Student Affairs Officer or designee basis.
determines, based on the evidence presented, that there is not
a significant risk that the behavior that required withdrawal I. Confidentiality
will be repeated, he or she shall approve the student’s
application for re-entry. In such cases, the Chief Student The results of examinations by mental health professionals to
Affairs Officer or designee shall initiate the re-entry process, whom students are referred for assessment at any stage in the
provide the student with written conditions for continued withdrawal or readmission process shall be confidential
attendance, and inform any relevant administrators of the student records, except that if the results indicate that the
student’s re-entry. student presents an imminent, severe, and direct threat of
harm to him or herself or others, those results may be shared
6. If the Chief Student Affairs Officer or designee with the appropriate individuals in order to attempt to
determines that the application for re-entry should be denied, prevent the occurrence of such harm. The results of these
he or she shall provide the student with a written explanation examinations shall be admissible in involuntary withdrawal
of the reasons for the denial and specify when the next hearings but shall not be admissible in disciplinary hearings,
request for re-entry may be considered. unless the student places his or her health, including mental
health, at issue in a disciplinary hearing.
7. A student may appeal the Chief Student Affairs
Officer or designee’s denial of re-entry to the college J. Board Review
President or designee within thirty calendar days after the
delivery of the decision denying re-entry. The President or During the fall 2009 semester, the Chancellery shall conduct
designee shall make his or her determination on the appeal a review of the experience of the colleges with these
within thirty calendar days from receipt of the appeal. The procedures and shall report the results of that review to the
President’s decision may be appealed to the Chancellor of Board of Trustees, along with any recommended changes.
the University or his or her designee within thirty calendar
days after the delivery of the President’s decision on appeal. LEAVE OF ABSENCE
The Chancellor or designee’s decision shall be made within
thirty calendar days from receipt of the appeal. The Students may request a leave of absence under two
Chancellor (or designee’s) decision shall be final. The basis circumstances:
for overturning a decision on appeal at either level shall be
limited to a determination that the decision on re-entry was 1. A student has completed the first year but needs to take
clearly erroneous. time off from school for a semester or more; or
A. Grades. In order to obtain a grade, a student must attend E. Veterans Tuition Deferrals. Veterans are entitled to defer
13 weeks (five weeks for summer session). the payment of tuition pending receipt of veterans’ benefits.
F. New York National Guard Tuition Waivers. Active
B. Refunds. A student called up to the reserves or drafted members of the New York National Guard, who are legal
who does not attend for a sufficient time to qualify for a residents of New York State and who do not have a
grade is entitled to a 100% refund of tuition and all other fees baccalaureate degree, are eligible for a tuition waiver for
except application fees. undergraduate study.
II. Students who volunteer (enlist) for the military. RELIGIOUS OBSERVANCE
New York State Education Law, Article 5
A. Grades. Same provision as for students called up to the S 224-a. Students unable because of religious beliefs to
reserves. In order to obtain a grade, a student must attend 13 register or attend classes on certain days.
weeks (five weeks for summer session).
1. No person shall be expelled from or be refused admission
B. Refunds. The amount of the refund depends upon as a student to an institution of higher education for the
whether the withdrawal is before the 5th week of classes: reason that he or she is unable, because of his or her religious
beliefs, to register or attend classes or to participate in any
1. Withdrawal before beginning of the 5th calendar week examination, study or work requirements on a particular day
(3rd calendar week for summer session): 100% refund of or days.
tuition and all other fees except application fees.
2. Any student in an institution of higher education who is
2. Withdrawal thereafter: 50% refund. unable, because of his or her religious beliefs, to attend
classes on a particular day or days shall, because of such
III. Other Provisions for Military Service: absence on the particular day or days, be excused from any
examination or any study or work requirements.
A. Resident Tuition Rates. These lower rates are applicable
to all members of the armed services, their spouses and their 3. It shall be the responsibility of the faculty and of the
dependent children, on full-time active duty and stationed in administrative officials of each institution of higher
education to make available to each student who is absent
the State of New York.
from school, because of his or her religious beliefs, an
equivalent opportunity to register for classes or make up any
B. Re-enrollment of Veterans. Veterans who are returning
examination, study or work requirements which he or she
students are given preferred treatment in the following ways:
may have missed because of such absence on any particular
day or days. No fees of any kind shall be charged by the
1. Veterans who were former students with unsatisfactory
institution for making available to the said student such
scholastic records may be readmitted with a probationary
equivalent opportunity.
program.
2. Veterans, upon their return, may register even after
4. If registration, classes, examinations, study or work
normal registration periods, without late fees.
requirements are held on Friday after four o’clock post
meridian or on Saturday, similar or make up classes,
3. Granting of college credit for military service and armed examinations, study or work requirements or opportunity to
forces instructional courses. register shall be made available on other days, where it is
possible and practicable to do so. No special fees shall be
4. Veterans returning too late to register may audit classes charged to the student for these classes, examinations, study
without charge. or work requirements or registration held on other days.
C. Late Admissions. Veterans with no previous college 5. In effectuating the provisions of this section, it shall be
experience are permitted to file applications up to the date of the duty of the faculty and of the administrative officials of
registration, and are allowed to begin classes pending each institution of higher education to exercise the fullest
completion of their application and provision of supporting measure of good faith. No adverse or prejudicial effects
documents.
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
28
shall result to any student because of his or her availing suspension, and/or expulsion. The term applications for
himself or herself of the provisions of this section. admission includes transfer applications.
6. Any student, who is aggrieved by the alleged failure of Materially incomplete applications include applications that
any faculty or administrative officials to comply in good faith fail to include all prior post-high school college level
with the provisions of this section, shall be entitled to courses, regardless of whether (i) the courses were taken at a
maintain an action or proceeding in the supreme court of the post-secondary institution in the United States or outside the
county in which such institution of higher education is United States, (ii) the applicant received a degree at the post-
located for the enforcement of his or her rights under this secondary institution (iii) the applicant is seeking credit for
section. such courses, or (iv) the applicant is changing majors/careers.
.a. It shall be the responsibility of the administrative officials PROCEDURES FOR IMPOSITION OF SANCTIONS
of each institution of higher education to give written notice
I. Pre-Enrollment
to students of their rights under this section, informing them
that each student who is absent from school, because of his Whenever an applicant for admission to any college of
or her religious beliefs, must be given an equivalent CUNY submits, as part of an admission application, a
opportunity to register for classes or make up any document that is found to be fraudulent before an admission
examination, study or work requirements which he or she decision is made or before the applicant has enrolled, the
may have missed because of such absence on any particular applicant shall be barred from enrolling in any college of
day or days. No fees of any kind shall be charged by the CUNY the year of the application and for a period of five
institution for making available to such student such years after the year of the application that contained the
equivalent opportunity. fraudulent material. If done a second time, there shall be a
lifetime ban on admission to any college of CUNY. In the
7. As used in this section, the term “institution of higher event of the submission of fraudulent documents, CUNY will
education” shall mean any institution of higher education, notify the applicant in writing of this prohibited act and the
recognized and approved by the Regents of the University of penalty, and advise the applicant of the opportunity to appeal
the State of New York, which provides a course of study the decision in writing to the Vice Chancellor for Student
leading to the granting of a post-secondary degree or Development and Enrollment Management. The applicant
diploma. Such term shall not include any institution which is may then submit a written statement and evidence
operated, supervised or controlled by a church or by a demonstrating that the document is not fraudulent or
religious or denominational organization whose educational advancing some other defense. The Vice Chancellor may
programs are principally designed for the purpose of training reduce or withdraw the penalty, if he or she finds the
ministers or other religious functionaries or for the purpose document to be authentic, that the submission of the
of propagating religious doctrines. As used in this section, document was not the fault of the applicant, or otherwise
the term “religious belief” shall mean beliefs associated with deems it appropriate.
any corporation organized and operated exclusively for
religious purposes, which is not disqualified for tax II. Post-Enrollment
exemption under section 501 of the United States Code.
If, after a student has completed registration or begun classes
STUDENT RECORDS in a CUNY college, it is found that the student had submitted
a fraudulent document in support of an application for
THE CITY UNIVERSITY OF NEW YORK – POLICY admission, the student shall be suspended from CUNY for
ON THE SUBMISSION OF FRAUDULENT five years. A second offense shall result in expulsion. The
DOCUMENTS AND ON THE OMISSION OF suspension or expulsion shall apply to all colleges of CUNY.
INFORMATION IN SUPPORT OF AN APPLICATION The accused student shall be notified of such suspension or
FOR ADMISSION expulsion in writing and shall be entitled to appeal within 30
days of receiving notification and request a hearing pursuant
The submission of documents in support of applications for
to Article XV of the CUNY Bylaws, at which the college
admission such as transcripts, diplomas, test scores,
faculty-student disciplinary committee shall determine the
references, or the applications themselves, that are forged,
facts, based upon which the disciplinary committee may, if
fraudulent, altered from the original, materially incomplete
persuaded that the document is authentic or that another
obtained under false pretenses, or otherwise deceptive
defense is demonstrated, withdraw or reduce the penalty. The
(collectively referred to as fraudulent documents) is
penalty shall not take effect until after the period to appeal
prohibited by The City University of New York (CUNY) and
has expired or upon the completion of the hearing. An
may be punishable by: a bar on applying for admission,
adverse decision of the disciplinary committee shall be
appealable by the accused student to the college president
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
29
and a Board committee pursuant to Article XV of the CUNY 3) To be advised of the policies of the Law School for
Bylaws. reviewing and expunging those records;
4) To be advised of the procedures for granting access
III. Post-Graduation rights to student records;
5) To be advised of the procedures for challenging the
If, after a student has graduated it is found that the graduate contents of student records;
submitted a fraudulent document in support of an application 6) To be advised of the cost, if any, which will be
for admission, then he or she shall be notified in writing. The charged for reproducing copies of student records;
accused graduate shall be entitled to a hearing pursuant to 7) To be advised of all other rights and requirements of
Article XV of the CUNY Bylaws, at which the college the Federal Education Rights and Privacy Act and the
faculty-student disciplinary committee shall determine the regulations promulgated thereunder
facts, based upon which the disciplinary committee may
make a decision to impose a penalty of suspension from A student who wishes to inspect and review his/her
CUNY for five years, and may also recommend the education records may make the request to the Office of
revocation of the degree or certificate that had been awarded Registration and Student Records Management in Room
to the student. A second offense shall result in expulsion. 100F.
The suspension or expulsion shall apply to all colleges of
CUNY. An adverse decision of the disciplinary committee The following categories of information may be made
imposing a suspension or expulsion shall be appealable to the available to individuals with a legitimate interest in such
college president and a Board committee pursuant to Article information: student’s name, attendance dates, telephone
XV of the [CUNY] Bylaws. In the event the disciplinary listing, home address, present address, major and minor
committee recommends the revocation of a degree or fields of study, and degrees and awards received. This shall
certificate, the degree or certificate shall be revoked upon the not be construed to mean that such information is required to
approval by the Board of Trustees after considering the be released. Information is released in accordance with the
recommendation of the faculty of the college. relevant Federal and State laws and the City University of
New York guidelines.
IV. Notification to the Chancellor
The Vice Chancellor for Student Development and By sending written notice to the Office of Registration and
Enrollment Management shall be notified of all bars from Student Records Management, any presently enrolled or
applying for admission, suspensions, and expulsions under former student may request that any or all of the information
this policy and shall implement them on a University-wide stated above not be released without her/his prior written
basis. consent.
CUNY officials shall publicize this policy and its penalties. Student records are maintained in the Law School’s Office of
Where appropriate, CUNY officials shall share the decisions, Registration and Student Records Management. This Office
findings and supporting evidence on specific cases with civil maintains and secures files containing copies of student
and criminal authorities. records such as evaluations, and generates transcripts and
certifications of attendance and graduation that are
Effective Date: October 1, 2006 disseminated by the Law School for official purposes.
ACCESS TO STUDENT RECORDS The Law School respects the privacy of all students. Access
by students to their files is granted upon written notice to the
The Federal Education Rights and Privacy Act and Office of Registration and Student Records Management,
regulations pursuant thereto grant the following rights to and all information in the file, except any documents to
students and former students: which the student waived access, is freely available for
inspection by each student upon written request and during
1) To be advised of the types of student records and business hours. A record of such requests is maintained by
the information contained therein, which are maintained by the Office of Registration and Student Records Management.
the Law School;
2) To be advised of the name and position of the TRANSCRIPTS
official responsible for the maintenance of each type of
record, the persons who have access to those records, and the No information about the progress or standing of a student
purposes for which they have access; will be sent to any employer or other person or organization
1) Civil Process & Professional Responsibility, The New York State bar examination application can be
Legal Process, ISD, Moot Court and Law Review will be downloaded from the New York Board of Law Examiners
graded Cr/F; website: www.nybarexam.org.
2) The grades of Cr. and No Cr. will appear on the Applications to take the bar examination must be filed
transcript for first-year, first-semester courses; and between November 1st and 30th for the February
examination and between April 1st and 30th for the July
3) The grades of Cr. or F will appear on the examination.
transcript for any course in which a student has timely
elected the Cr/F option for courses to which it applies. NY Bar Exam Certification
Other transcript notations include W (Withdrawal), INC As part of your application to sit for the bar, the NY Board of
(Incomplete), Z (no grade submitted), FIN (Incomplete Law Examiners requires that a Law School Certificate of
converted to a Fail), WN (Withdrew, never attended) and Attendance form be completed by the Law School. The
WU (Unofficial withdrawal). Board of Law Examiners has authorized law schools to
submit a final transcript in lieu of the Law School Certificate
The Office of Registration and Student Records Management of Attendance. CUNY School of Law has elected to file
will mail a copy of a student’s official transcript to any your transcript in lieu of the Certificate of Attendance of the
employer or other person or organization upon written Law School.
request from the student. To receive a copy of an official
transcript, a student must make a request in writing to the Specimen of Applicant’s Handwriting
Office of Registration and Student Records Management.
Four vouchers for four free transcripts are issued to each The Office of Career Planning certifies the Specimen of
student at the beginning of each semester and are valid until Applicant’s Handwriting form, a part of your application
the first day of the following semester. The fee for a which must be completed in the presence of a member of that
transcript is $7.00 per transcript. Transcript requests are office. The last day for requesting certification of the
generally processed within 3 to 5 business days after receipt. handwriting specimen is the last day of classes.
Transcripts cannot be released if a student’s record is on hold Completion of the handwriting specimen will be notification
due to unfulfilled financial obligations. to our office that you intend to sit for the New York bar
exam. After you have been certified for graduation, your
APPLYING TO SIT FOR A BAR EXAMINATION final transcript and your handwriting specimen will be
forwarded to the New York State Board of Law Examiners.
The Office of Registration & Student Records Management
is responsible for the completion of bar certification forms Character and Fitness Application
and character and fitness forms.
The Office of Registration & Student Records Management
Students must apply directly to the jurisdiction(s) for which is responsible for completing character and fitness forms.
they intend to sit for the bar examination. Please complete the portion of the form that needs to be
completed by the applicant and submit to our office.
You are reminded that, as noted in your application for
admission to CUNY School of Law, you have an ongoing Bar Examinations for States Other Than New York
responsibility to notify the law school of any and all
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
31
Students applying to take a bar examination in a jurisdiction disclosure to college officials with legitimate educational
other than New York can obtain information on the National interests. A college official is a person employed by the
Conference of Bar Examiners website: university in an administrative, supervisory, academic or
www.ncbex.org/bar-admissions/offices/ research, or support staff position; a person or company with
It is the responsibility of the applicant to submit the whom the University has contracted; a person serving on the
necessary certification forms to the Office of Registration & Board of Trustees; or a student serving on an official
Student Records Management. committee, such as a disciplinary or grievance committee,
or assisting another college official in performing his or her
NOTIFICATION UNDER FERPA OF STUDENT tasks.
RIGHTS CONCERNING EDUCATION RECORDS
AND DIRECTORY INFORMATION A college official has a legitimate educational interest if
access is reasonably necessary in order to perform his/her
The Family Educational Rights and Privacy Act (FERPA) instructional, research, administrative or other duties and
affords students certain rights with respect to their education responsibilities.
records. See Section “5" below on your right to prevent the
disclosure of directory information. The FERPA rights of Upon request, the college discloses education records
students are: without consent to officials of another college or school in
which a student seeks or intends to enroll.
1. The right to inspect and review your education records.
Students should submit to the Registrar, Dean, head of the
academic department, or other appropriate official, written
requests that identify the record(s) they wish to inspect. If
the records are not maintained by the college official to
whom the request was submitted, that official shall advise the You may appeal the alleged denial of FERPA rights to
student of the correct official to whom the request should be the: General Counsel and Vice Chancellor for Legal Affairs
addressed. The City University of New York
All requests shall be granted or denied in writing within 45 535 East 80th Street
days of receipt. If the request is granted, you will be notified New York, NY 10075
of the time and place where the records may be inspected. If
the request is denied or not responded to within 45 days, you 4. The right to file a complaint with the U.S. Department of
may appeal to the college’s FERPA appeals officer. Education concerning alleged failures by the college to
Additional information regarding the appeal procedures will comply with the requirements of FERPA. The name and
be provided to you if a request is denied. address of the office that administers FERPA is:
Family Policy Compliance Office
2. The right to request the amendment of the student’s U.S. Department of Education
education records that the student believes are inaccurate or 600 Independence Avenue, SW
misleading. Washington, D.C. 20202-4605.
You may ask the college to amend a record that you believe 5. The Law School will make the following “directory
is inaccurate or misleading. You should write to the college information” concerning current and former students
official responsible for the record, clearly identify the part of available to those parties having a legitimate interest in the
the record you want changed, and specify why it is information: name, attendance dates (periods of enrollment),
inaccurate or misleading. address, telephone number, date and place of birth,
photograph, e-mail address, full or part-time status,
If the college decides not to amend the record as requested enrollment status (undergraduate, graduate, etc.), level of
by you, the college will notify you of the decision and advise education (credits) completed, major field of study, degree
you of your right to a hearing before the college’s FERPA enrolled for, participation in officially recognized activities
appeals officer regarding the request for amendment. and sports, height and weight of athletic team members,
Additional information regarding the hearing procedures will previous school attended, and degrees, honors and awards
be provided to you when notified of your right to a hearing. received. By filing a Directory Information Non-Disclosure
form with the Registrar’s Office, you may request that any or
3. The right to consent to disclosure of personally identifiable all of this directory information not be released without your
information contained in your education records, except to prior written consent. This form is available in the
the extent that FERPA authorizes disclosure without consent. Registrar’s Office and may be filed, withdrawn, or modified
One exception which permits disclosure without consent is
CUNY SCHOOL OF LAW STUDENT HANDBOOK •NINETEENTH EDITION
32
at any time.
Name of Student:
Student ID Number:
A. _____I DO NOT WANT ANY DIRECTORY INFORMATION DISCLOSED WITHOUT MY PRIOR CONSENT.
(If you initial this space you do not have to fill out the rest of this form, but must date and sign below.)
B. _____I do not want the following categories of directory information disclosed without my prior consent. Initial
those items that you do not want released.
______Name.
______Attendance dates (periods of enrollment).
______Address.
______Telephone number.
______Date of birth.
______Place of birth.
______Photograph.
______E-mail address.
______Full or part-time status.
______Enrollment status (undergraduate, graduate, etc.).
______Level of education (credits) completed.
______Major field of study.
______Degree enrolled for.
______Participation in officially recognized activities other than sports.
______Participation in sports (teams).
______Height if member of athletic team.
______Weight if member of athletic team.
______Previous school attended.
______Degrees received.
______Honors and awards received
C. _____I want my prior instructions not to release directory information withdrawn. I now authorize the college to release all of
my directory information to parties with a legitimate interest.
Date: Signed:
34
FREEDOM OF INFORMATION LAW (ii) The records of which the college is legal custodian
(FOIL) NOTICE cannot be found.
Requests to inspect public records at the college should be 8 If access is denied in whole or part advises the requester of
made to the Records Access Officer, Gregory Koster, the right to appeal to the General Counsel and Vice Chancellor
Associate Dean for Administration and Finance, who is located for Legal Affairs by use of the prescribed appeal form.
in room 210, (718) 340-4264. Public records are available for
inspection and copying by appointment only at a location to be 2 Location.
designated. You have a right to appeal a denial of a request for Each college shall designate the locations where access to
access to records to the CUNY General Counsel and Vice records may be requested.
Chancellor for Legal Affairs. Copies of the CUNY Procedures
for Public Access to Public Records Pursuant to Article 6 of 3. Hours for Public Inspection.
the Public Officers Law and the appeal form are available at Each college shall establish a written procedure by which a
the reference desk of the library and the college website. person may arrange an appointment to inspect and copy
records. Such procedures shall include the name, position,
CUNY PROCEDURES FOR PUBLIC ACCESS TO address and phone number of the party to be contacted for the
PUBLIC RECORDS PURSUANT TO ARTICLE 6 OF purpose of making an appointment.
*
THE PUBLIC OFFICERS LAW
4. Requests for Public Access to Records.
1. Designation of Records Access Officer. (a) Requests (i) may be oral or in writing, (ii) shall contain a
description of the records sufficiently detailed to permit
a. Each president shall designate one or more persons as identification.
Records Access Officers by name or specific job title and (b)If the request is made in person and is not complied with
location who shall have the duty of coordinating the response when made, or is made by mail, the requester shall supply a
of the colleges to public requests for access in accordance with stamped self-addressed envelope. Postage for voluminous
law and regulations promulgated thereunder. material must be paid by the requester, plus handling charges.
(c)Requests for access to records which have customarily
b. The records access officer shall be responsible for assuring been granted without written request shall continue to be so
that the college: granted.
(d)The duly designated college official shall respond to a
1. Maintains an up-to-date subject matter list in accordance request for access to records within five working days after
with 5(e) herein. receipt of the request, provided that if more than five working
2. Assists the requester in identifying requested records, if days is required to produce records, the receipt of the request
necessary. shall be acknowledged within five working days after the
3. Searches for the identified records to which access is request is received, such acknowledgment to include a brief
requested. explanation of the reason for delay and an estimate of the date
4. Upon locating the records, takes one of the following on which production or denial will be forthcoming.
actions: (e) (1)Each college shall maintain and make available for
(i) Makes records promptly available for inspection; or public inspection and copying a current list, by subject matter,
(ii) Denies access to the records in whole or in part and of all records produced, filed, or first kept or promulgated after
explains in writing the reasons therefore. September 1, 1974. The list shall be sufficiently detailed to
5. Upon request for copies of records: permit the requester to identify the file category of the record
(i) Makes a copy available upon payment or offer to pay a sought. (2) The subject matter list shall be updated periodically
fee of twenty five (25) cents per page; or, and the date of the most recent updating shall appear on the
(ii) Permits the requester to copy those records. first page. The subject matter list shall be updated not less
6. Upon request, certifies that a copy is a true copy of the than semiannually.
records copied. (f) No records may be removed by the requester from the
7. Upon failure to locate records, certifies in writing that: office where the record is located without the permission of the
(i)The college is not the legal custodian for such records college.
*
5. Denial of Access to Records Appeals
These procedures are distinct from the procedure for access to
student records which are covered by Federal law and Board of 1. Denial of access shall be in writing stating the reason
Trustees policy. Nothing in these procedures requires the creation or
therefore and advising the requester of his right to appeal.
compilation of records or the production of records which are not
public records.
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
35
2. If the college fails to provide requested records within five
working days after the receipt of the request or by the estimated
date on which production or denial was to be forthcoming as
provided in subdivision d of paragraph 4 hereof, such failure shall
be deemed a denial of access by the college. CUNY School of Law’s Records Officer is Associate Dean
Gregory Koster. FOIL requests may be made to:
3. Appeals from a denial of written requests for access may be
taken to the General Counsel and Vice Chancellor for Legal Gregory Koster
Affairs, 535 East 80th Street, New York, N.Y. 10075, within thirty CUNY School of Law
working days of the mailing by the college or a written denial in 65-21 Main Street
whole or in part of access, or after the estimated date of production Flushing, NY 11367
if access is not granted within such time.
6. Fees
There shall be no fee charged for the following:
1.Inspection of records.
2.Search for records.
3.Any certification.
7. Public Notice
Each college shall publicize by posting in a conspicuous location
wherever records are kept or by publication in a local newspaper
of general circulation:
36
NEW YORK FREEDOM OF INFORMATION LAW APPEAL FORM WHERE A COLLEGE HAS DENIED A
REQUEST FOR ACCESS TO ITS PUBLIC RECORDS
You have a right to appeal to the General Counsel and Vice Chancellor for Legal Affairs if the college has not granted your
request for access to its public records. To exercise this right you must (I) complete this form and (II) mail this form within
thirty days after (A) you receive the denial of your request for access or (B) eight working days have passed since your request
for access was received by the college and you have not received either a response to your request or a letter indicating the date
by which the college will respond to your request or (C) the date by which the college has advised you it would comply with
your request has passed and your request has not been complied with. The form must be mailed to:
1. Name: ___________________________________________________
2. Address: ___________________________________________________
3. Specify the records which you requested and were denied access:
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. Specify the date or the circumstances under which your request for access was denied:
________________________________________________________________
6. Specify the name of the person who denied your request for access:
________________________________________________________________
7. State all the reasons why you believe your request for access should be granted.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8. Attach copies of your request and the denial. Additional supporting documents may also be attached.
6/24/04
Professor David Nadvorney The Skills Center provides extensive services to students in
Director of Academic Support Programs the first year.
Room: 305B
Phone: (718) 340-4343 First Semester Services
There is a weekly “Skills Session” in each section (noted on
Email: nadvorney@mail.law.cuny.edu
the block schedule), taught by David Nadvorney, focusing
on both the skills and doctrine from the Criminal Law,
Professor Shirley Lung
LEDP, and Contracts (LME) classes. Specific topics such
Faculty, Skills Center
as class preparation (case reading and briefing), in-class
Room 305 A
notetaking, outlining, and study strategies and exam
Phone (718) 340-4322
preparation, are covered in the context of material drawn
Email: lung@mail.law.cuny.edu
from the required classes. The Skills Sessions are entirely
voluntary.
Astrid Gloade
Director of the Professional Skills Center
In addition, individual and small group conferences are
Room: 305
available, via a sign-up sheet located outside the Skills
Phone: 718 340-04556
Center in room 305. Students are invited to bring in any
Email: astrid.gloade@mail.law.cuny.edu
question or concern regarding law school: doctrine, writing,
skills, organization, study strategies, etc.
Susann Chang
Coordinator, Skills Center
The Skills Center also conducts two additional on–going
Room: 305
series of workshops: one focusing specifically on practicing
Phone: (718) 340-4281
the art and science of writing essay exams, and the other on
Email: chang@mail.law.cuny.edu
close case reading. Information on both those series is
distributed early in the first semester.
The Irene Diamond Professional Skills Center coordinates the
academic support services provided by the Law School.
In conjunction with the faculty, the Skills Center conducts
Several programs are available to students who need or would
review sessions for all midterm and final exams, and staff is
like additional assistance with the required work of the
available to review exams with students for revision.
curriculum. Our goal is to ensure that each student has the
opportunity to learn the doctrine and skills necessary to
Second Semester Services
become a lawyer in an environment that is appropriate to
In the spring semester, Skills Center services are more
her/his learning style and needs. Staff is available to work with
targeted. The optional weekly Skills Sessions and exam
students primarily in the first and second years.
reviews continue, but there are no longer individual
appointments available on a sign–up basis. Instead, the
Because students’ needs change as they progress through law
Skills Center offers Legal Methods, a focused semester-
school, the Center’s services are allocated differently over the
long three hour a week, non-credit workshop. Participation
three years. There is a focus on the first three semesters when
in Legal Methods is either by referral or permission of the
it is critical that students hone fundamental analytical, writing,
instructor, and requires a commitment to attend throughout
and study skills. Students can come to the Center to work on
the semester. Again, the work of Legal Methods is drawn
developing effective study skills and strategies, improving
from the required classes, but it is more focused in terms of
essay exam writing, reviewing doctrinal material from classes
individual written feedback.
and simulations, and re-drafting written work such as memos
and writing samples. Following are some of the major support
Second Year Services
services available to students in the first and second years.
In the fall semester of the second year program, the Skills
Center offers a course similar to Legal Methods to students
First-Year Orientation
referred based on first-year GPA. There are a very limited
The Orientation program is required for all incoming students.
number of slots available for individual conferences, and
The academic component of the program focuses on an
exam reviews for selected required courses.
introduction to the legal system, case reading and briefing, and
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
38
By the second semester of the second year, most students are The Office of Student Affairs organizes and coordinates
well acquainted with the rigors of the Law School curriculum, new student orientation and the Law School’s
and are successful in meeting its challenges. Consequently, the commencement exercises. In conjunction with the Office of
need for support services is not as intense and academic Admissions, the office coordinates recruitment efforts to
support services are designed on an individual basis to assist attract future students to the Law School. The staff also
those who are most in need. works closely with the Offices of Alumni Affairs,
Development and External Affairs on matters regarding
relations with graduates of the Law School.
STUDENT AFFAIRS OFFICE
ATHLETIC SERVICES
Prof. Angela Burton
Interim Assistant Dean of Students For a $45.00 yearly activity fee, to be paid in Room 216 at
Room: 105C Queens College Gym, students can use the weight room,
Phone: (718) 340-4179 swimming pool, gym, and locker room facilities at Queens
E-mail: burton@mail.law.cuny.edu College. An updated ID card is necessary.
FitzGerald Gym, Queens College
Charles Johnson Phone: (718) 997-2770 or (718) 997-2777
Director of Student Activities
Room: 105D COUNSELING
Phone: (718) 340-4204
Email: charles.johnson@mail.law.cuny.edu
Linda Penkower, L.C.S.W.
Room: 350G
Patricia Kennedy
Phone: (718) 340-4216
Director of Student Services
E-mail: penkower@mail.law.cuny.edu
Room: 105E
Phone: (718) 340-4380
Student discussions with the Law School counselor, and
E-mail: kennedy@mail.law.cuny.edu
any information contained therein, are entirely confidential
and are not shared with any member of the Law School
Carol Kozo
community or with those outside the Law School
Assistant to the Dean of Students
community. The Law School counselor is available to
Room 105C
counsel students on a wide range of personal, emotional,
Phone: (718) 340-4424
and psychological issues. Linda also conducts workshops
E-mail: kozo@mail.law.cuny.edu
and facilitates support groups on a number of topics
including test anxiety and stress management.
Natali Kun
Office Assistant
DISABILITY SERVICES FOR STUDENTS
Room: 105C
Phone: (718) 340-4207
It is the policy of the Law School to provide reasonable
E:mail: kun@mail.law.cuny.edu
accommodations for disabled students, including learning-
disabled students and those with health impairments, as
The Assistant Dean of Students supervises the Offices of
well as those with other disabilities. Students whose
Student Affairs, Career Planning and the Children’s Center.
disabilities may require some type of accommodation,
including exam accommodations, are encouraged to meet
The Office of Student Affairs plays many roles in the daily with the Disabilities Coordinator as early as possible. It is
lives of students at the Law School. On a day-to-day basis, the student’s responsibility to initiate a request for
staff members work with student organizations to facilitate accommodation, even if the student has previously
community-wide activities; counsel students with academic or identified herself/himself as a person with a disability.
personal difficulties; assist students with housing needs; Appropriate accommodations will be worked out on a case-
provide assistance to individuals with disabilities; and by-case basis.
administer disciplinary procedures. The staff serves on Law
School committees as well as participates in activities All applications concerning disability accommodations will
involving the wider CUNY system. be regarded as confidential, and will only be disclosed
when there is a specific need to know this information (e.g.,
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
39
to a proctor of an examination for which special The evaluation should:
accommodations have been approved). ! be conducted by an evaluator with comprehensive
training with adolescents and adults with learning
The Law School complies with the Americans with Disabilities disabilities.
Act and Section 504 of the Rehabilitation Act, which protect ! be evaluated within the last three years.
persons from discrimination on the basis of physical or mental ! include a description of functional impact of diagnosis
impairments. and include specifics of how the learning process may
be affected by the diagnosis; and should include
Documentation Guidelines recommendations and rationale for accommodations
Students diagnosed with a disability that request services or and/or assistive technology.
accommodations are required to provide appropriate and ! include test scores to document the nature and severity
current documentation. In the case of multiple disabilities, of the disability.
students must provide documentation for each disability for Adult students not previously diagnosed must provide
which accommodations are requested. Prior documentation appropriate documentation as per guidelines for students
such as an Individualized Education Program (IEP) or a history not previously diagnosed.
of receiving accommodations from a former school does not
necessarily validate the need for services or continuation of ADD/ADHD Documentation Guidelines
accommodations at the university level. This history can, The evaluation should:
however, be attached to the current documentation as part of a ! be conducted by a qualified professional whose
comprehensive assessment battery. The determination of background includes training and relevant experience
reasonable accommodations on campus is based on satisfying in the full range of psychiatric disorders.
the documentation guidelines outlined below and a clear ! be within the past three years and be updated as
demonstration of the functional limitations on the student’s required.
performance in an academic setting. These guidelines apply for ! include a summary of relevant historical information
all disability types recognized by the ADA. including initial onset, diagnosis, medication and
indication of ADD/ADHD throughout adolescence or
A qualified professional should conduct the evaluation and adulthood.
provide name, title, professional credentials, including
! identify functional limitations in the educational
information about state licensure or certification number.
setting.
The evaluation should include the diagnosis (ICD-10 or DSM-
! include rationale for specific recommendations or
IV) and be dated. The document will include the original
accommodations.
signature of the professional responsible for the assessment of
functioning.
Psychological & Psychiatric Guidelines
The evaluation should:
The evaluation must be current. Disabilities may change in
severity over time and documentation should support current ! be made by a professional who is qualified with
accommodation needs. Recommendations and rationale for appropriate training in diagnosing psychological and/
accommodations and/or assistive technology must be based on psychiatric disorders.
the analysis of the functional impact of the diagnosis. Services, ! be within the past three years and be updated as
accommodations, and/or assistive technology will be required.
determined on an individual basis upon documentation review ! include a summary of relevant historical information
and consultation with the disability service professional at each including initial onset, diagnosis, medication and
campus. Insufficient documentation may result in the delay of indication of psychological/ psychiatric disorders
services and accommodations. throughout adolescence or adulthood.
! include rationale for specific recommendations or
Key Points: Qualified evaluator; current evaluation; evaluation accommodations.
signed and dated by evaluator; recommendations for
accommodations. (Note: the term evaluation and Visual Impairment or Blindness
documentation are used according to which is more appropriate The evaluation should:
for disability type. Both constitute acceptable reports or ! include an ophthalmologic evaluation made by a
material for supporting services and accommodations.) qualified professional or granted by a recognized
resource such as NY State Commission for the Blind
Learning Disability Documentation Guidelines (include CBVH Registry Number)
The Law School permits the consumption of alcohol under the j. Advertisement for events may not promote the abuse of
following rules and in accordance with New York State and alcohol.
City law and regulations, and University policies. This policy
pertains to faculty, staff and students. The term “Law School,” k. Drinking contests or games are prohibited at the Law
when used to identify a location includes the Law School School.
building and the surrounding grounds, including the parking
lot. l. Alcohol may be stored at the Law School only with the
written permission of the Office of Student Affairs. If the
a. The Law School requires that a New York State Liquor permission is granted, the location will be determined by
Authority Temporary Beer and Wine Permit (TBWP) be the Office of Student Affairs.
obtained when alcohol is served at any event. Please note:
New York State Liquor Authority requires 15 business days m. The Law School reserves the right at any time to limit
notification for application processing. (More information is the amount of alcohol purchased and/or served at any event.
available at www.abc.state.ny.us.)
n. The Law School reserves the right to prevent individuals
b. When alcohol is served, other food and non-alcoholic who appear intoxicated from entering or leaving the Law
beverages must also be served. Non-alcoholic beverages must School, including exiting from the building to the parking
be available in equal or greater proportions. Following the lot.
guidelines under Section 64-a of the Alcoholic Beverage
Control Law, the types of foods include “salads, soups, o. Violation of the alcohol policy may lead to the
sandwiches, finger foods. Pretzels and potato chips do not suspension of privileges to use Law School facilities for the
meet the minimum requirements for food.” (NYS Liquor sponsoring student organization(s) and/or the individual
Authority, Application for Alcoholic Beverage Control.) student organizers of the event in question. Violators are
also subject to disciplinary action by appropriate Law
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
46
School and/or University officials and may also be referred to freedom to political ends, or who violate the norms of
civil authorities. (According to the Section 130 of the Alcohol conduct established to protect that freedom. Against such
Beverage Control law, violations of NYS Alcohol Beverage offenders the university has the right, and indeed the
Control laws are unclassified misdemeanors and subject to obligation, to defend itself. We accordingly announce the
criminal proceedings.) following rules and regulations to be in effect at each of our
colleges (herein referred to as “Law School”), which the
p. Exceptions to this policy may only be made by the Dean or requirements of due process as provided in the Bylaws of
her/his designee. the Board of Trustees.
With respect to enforcement of these rules and regulations
CUNY RULES OF CONDUCT we note that the Bylaws of the Board of Trustees provide
that:
The Law School protects the right of students to pursue their The Dean, with respect to his/her educational unit, shall:
legal education in an atmosphere that is free from interference, a. Have the affirmative responsibility of conserving and
and is an institution that promotes academic freedom. Persons enhancing the educational standards of the College and
who violate the sanctuary of the Law School in violation of schools under his/her jurisdiction;
Article 129A of the Education Law or other policies of the Law b. Be the advisor and executive agent to the Board and of
School or City University may be brought before the Faculty- his/her respective College committee and as such shall have
Student Disciplinary Committee pursuant to the Student immediate supervision with full discretionary power in
Disciplinary Policy and Procedures carrying into effect the bylaws, resolutions, and policies of
the Board, the lawful resolutions of any of its committees,
I. Rules and Regulations for the Maintenance of Public and the policies, programs, and lawful resolutions of the
Order several faculties;
“Each student enrolled or in attendance in any College, School, c. Exercise general superintendence over the concerns,
or Unit under the control of the Board and every student officers, employees, and students of his/her educational
organization, association, publication, club, or chapter shall unit.
obey the laws of the City, State and Nation and the Bylaws and
resolutions of the Board and the policies, regulations and II. Rules of the university (1-11) and law school (12)
orders of the College.” 1. A member of the academic community shall not
Bylaws, Board of Trustees of intentionally obstruct and/or forcibly prevent others from
the City University of New York the exercise of their rights. Nor shall she/he interfere with
The attention of students, faculty, and staff is called to the the institution’s educational process or facilities, or the
Rules and Regulations for the Maintenance of Public Order rights of those who wish to avail themselves of any of the
below: institution’s instructional, personal, administrative,
Adopted by the Board of Trustees, June 23, 1969, as amended recreational, and community services.
on October 27, 1980, May 22, 1989, and June 25, 1990.
2. Individuals are liable for failure to comply with lawful
The tradition of the university as a sanctuary of academic directions issued by representatives of the
freedom and center of informed discussion is an honored one, University/college when they are acting in their official
to be guarded vigilantly. The basic significance of that capacities. Members of the academic community are
sanctuary lies in the protection of intellectual freedoms: the required to show their identification cards when requested
rights of professors to teach, of scholars to engage in the to do so by an official of the Law School.
advancement of knowledge, of students to learn and to express
their views free from external pressures of interference. These 3. Unauthorized occupancy of University/Law School
freedoms can flourish only in the atmosphere of mutual facilities or blocking access to or from such areas is
respect, civility, and trust among teachers and students, only prohibited. Permission from appropriate Law School
when members of the university community are willing to authorities must be obtained for removal, relocation and use
accept self-restraint and reciprocity as the condition upon of University/ Law School equipment and/or supplies.
which they share in its intellectual autonomy.
4. Theft from or damage to University/ Law School
Academic freedom and the sanctuary of the university campus premises or property, or theft of or damage to property of
extend to all who share these aims and responsibilities. They any person on University/ Law School premises is
cannot be invoked by those who would subordinate intellectual prohibited.
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
47
examination, are subject to discipline; including suspension
5. Each member of the academic community or an invited or dismissal from the Law School.
guest has the right to advocate his position without having to
fear abuse—physical, verbal, or otherwise from others III. Penalties
supporting conflicting points of view. Members of the
academic community and other persons on the Law School 1. Any student engaging in any manner in conduct
grounds shall not use language or take actions reasonably prohibited under substantive Rules 1-12 shall be subject to
likely to provoke or encourage physical violence by the following range of sanctions as hereafter defined in the
demonstrators, those demonstrated against, or spectators. attached Appendix: admonition, warning, censure,
disciplinary probation, restitution, suspension, expulsion,
6. Action may be taken against any and all persons who have ejection, and/or arrest by the civil authorities.
no legitimate reason for their presence on any campus within
the University/ Law School, or whose presence on any such 2. Any tenured or nontenured faculty member, or tenured
campus obstructs and/or forcibly prevents others from the or nontenured member of the administrative or custodial
exercise of their rights or interferes with the institution’s staff, engaging in any manner in conduct prohibited under
educational process or facilities; or the rights of those who substantive Rules 1-11 shall be subject to the following
wish to avail themselves of any of the institution’s range of penalties: warning, censure, restitution, fines not
instructional, personal, administrative, recreational, and exceeding those permitted by law or by the Bylaws of the
community services. City University, suspension with/without pay pending a
hearing before an appropriate authority, dismissal after a
7. Disorderly or indecent conduct on University/ Law School - hearing, ejection, and/or arrest by the civil authorities, and,
owned or -controlled property is prohibited. for engaging in any manner in conduct prohibited under
substantive Rule 10, may, in the alternative, be required to
8. No individual shall have in his possession a rifle, shotgun or participate satisfactorily in an appropriately licensed drug
firearm or knowingly have in his possession any other treatment or rehabilitation program. In addition, a tenured
dangerous instrument or material that can be used to inflict faculty member, or tenured member of the administrative or
bodily harm on an individual or damage upon a building or the custodial staff, engaging in any manner in conduct
grounds of the University/ Law School without the written prohibited under substantive Rules 1-11 shall be entitled to
authorization of such educational institution. Nor shall any be treated in accordance with applicable provisions of the
individual have in his possession any other instrument or Education Law, Civil Service Law and collective
material which can be used and is intended to inflict bodily bargaining agreement.
harm on an individual or damage upon a building or the 3. Any visitor, licensee, or invitee engaging in any manner
grounds of the University/ Law School. in conduct prohibited under substantive Rules 1-11 shall be
subject to ejection and/or arrest by the civil authorities.
9. Any action or situation which recklessly or intentionally
endangers mental or physical health or involves the forced 4. Any organization that authorizes the conduct prohibited
consumption of liquor or drugs for the purpose of initiation under substantive Rules 1-12 may have its permission to
into or affiliation with any organization is prohibited. operate on campus rescinded. The penalties stated in this
10. The unlawful manufacture, distribution, dispensation, section shall be in addition to any other penalty provided by
possession, or use of illegal drugs or other controlled law or the City University.
substances by University employees in the workplace is
prohibited. Employees of the University must also notify the APPENDIX:
Law School Personnel Director of any criminal drug statute
conviction for a violation occurring in the workplace not later Sanctions defined:
than five (5) days after such conviction.
A. Admonition. An oral statement to the offender that
11. The unlawful possession, use or distribution of alcohol by he/she has violated university rules.
students or employees on University/ Law School premises or B. Warning. Notice to the offender, orally or in writing,
as part of any University/ Law School activities is prohibited. that continuation or repetition of the wrongful conduct,
within a period of time stated in the warning, may be cause
12. Student integrity. Students found guilty of any form of for more severe disciplinary action.
academic dishonesty, such as plagiarism or cheating on an C. Censure. Written reprimand for violation of specified
regulation, including the possibility of more severe
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
48
disciplinary sanction in the event of conviction for the violation resolutions of the board, and the policies, regulations, and
of any university regulation within a period stated in the letter orders of the college.
of reprimand.
D. Disciplinary Probation. Exclusion from participation in The faculty and student body at each college shall share
privileges or extracurricular university activities as set forth in equally the responsibility and the power to establish, X
the notice of disciplinary probation for a specified period of subject to the approval of the board, more detailed rules of
time. conduct and regulations in conformity with the general
E. Restitution. Reimbursement for damage to or requirement of this article.
misappropriation of property. Reimbursement may take the
form of appropriate service to repair or otherwise compensate This regulatory power is limited by the right of students to
for damages. the freedoms of speech, press, assembly and petition as
F. Suspension. Exclusion from classes and other privileges applied to others in the academic community and to citizens
or activities as set forth in the notice of suspension for a generally.
definite period of time.
G. Expulsion Termination of student status for an indefinite Section 15.2. STUDENT ORGANIZATIONS
period. The conditions of readmission, if any is permitted,
shall be stated in the order of expulsion. a. Any group of students may form an organization,
H. Complaint to Civil Authorities. association, club or chapter by filing with the duly elected
I. Ejection. student government organization of the college or school at
which they are enrolled or in attendance and with an
STUDENT DISCIPLINARY POLICY AND officer to be designated by the faculty of the college or
PROCEDURES school at which they are enrolled or in attendance (1) the
name and purposes of the organization, association, club or
CUNY Bylaws Article XV chapter, (2) the names and addresses of its president and
Section 15.0. PREAMBLE. secretary or other officers corresponding in function to
president and secretary.
Academic institutions exist for the transmission of knowledge,
the pursuit of truth, the development of students, and the However, no group, organization or student publication
general well-being of society. Student participation, with a program against the religion, race, ethnic origin or
responsibility, academic freedom, and due process are essential identification or sex of a particular group or which makes
to the operation of the academic enterprise. As members of the systematic attacks against the religion, race, ethnic origin or
academic community, students should be encouraged to sex of a particular group shall receive support from any fees
develop the capacity for critical judgment and to engage in a collected by the law school or be permitted to organize or
sustained and independent search for truth. continue at any law school or school. No organizations,
military or semi-military in character, not connected with
Freedom to learn and to explore major social, political, and established law school or school courses, shall be permitted
economic issues are necessary adjuncts to student academic without the authorization of the faculty and the duly elected
freedom, as is freedom from discrimination based on racial, student government and the board.
ethnic, religious, sex, political, and economic differentiations.
Section 15.3 STUDENT DISCIPLINARY
Freedom to learn and freedom to teach are inseparable facets of PROCEDURES
academic freedom. The concomitant of this freedom is
responsibility. If members of the academic community are to Complaint Procedures:
develop positively in their freedom; if these rights are to be
secure, then students should exercise their freedom with a. Any charge, accusation, or allegation which is to be
responsibility. presented against a student, and, which if proved, may
subject a student to disciplinary action, must be submitted
Section 15.1. CONDUCT STANDARD DEFINED in writing in complete detail to the Office of the Dean of
Students promptly by the individual, organization, or
Each student enrolled or in attendance in any college, school or department making the charge.
unit under the control of the board and every student
organization, association, publication, club or chapter shall b. The chief student affairs officer of the law school or
obey the laws of the city, state and nation, and the bylaws and his/her designee will conduct a preliminary investigation in
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
49
order to determine whether disciplinary charges should be 1. A complete and itemized statement of the charge(s) being
preferred. The chief student affairs officer or his /her designee brought against the student including the rule, bylaw, or
will advise the student of the charge(s) against him/her, consult regulation s/he is charged with violating, and the possible
with other parties who may be involved or who have penalties for such violation.
information regarding the incident, and review other relevant
evidence. Following this preliminary investigation, which 2. A statement that the student has the following rights:
shall be concluded within thirty (30) calendar days of the filing (i) to present his/her side of the story;
of the complaint, the chief student affairs officer or designee (ii) to present witnesses and evidence on his/her behalf;
shall take one of the following actions: (iii) to cross-examine witnesses presenting evidence against
(i) dismiss the matter if there is no basis for the allegation(s) or the student;
the allegation(s) does (do) not warrant disciplinary actions. (iv) to remain silent without assumption of guilt; and
The individuals involved shall be notified that the complaint (v) to be represented by legal counsel or an adviser at the
has been dismissed. student’s expense.
(ii) refer the matter to conciliation. If a matter is referred to
conciliation, the accused student shall receive a copy of the 3. A warning that anything the student says may be used
notice required pursuant to section 15.3e of this bylaw; or against him/her at a non-law school hearing.
(iii) prefer formal disciplinary charges.
Faculty-Student Disciplinary Committee Procedures:
Conciliation Conference:
f. The following procedures shall apply at the hearing
c. The conciliation conference shall be conducted by a before the faculty-student disciplinary committee:
counselor in the Office of the Dean of Students or a qualified
staff or faculty member designated by the chief student affairs 1. The chairperson shall preside at the hearing. The
officer. The following procedures shall be in effect at this chairperson shall inform the student of the charges, the
conference: hearing procedures, and his/her rights.
1. An effort will be made to resolve the matter by mutual 2. After informing the student of the charges, the hearing
agreement. procedures, and his/her rights, the chairperson shall ask the
student charged to plead guilty or not guilty. If the student
2. If an agreement is reached, the counselor shall report his/her pleads guilty, the student shall be given the opportunity to
recommendations to the chief student affairs officer for explain his/her actions before the committee. If the student
approval and, if approved, the complainant shall be notified. pleads not guilty, the law school shall present its case. At
3. If no agreement is reached, or if the student fails to appear, the conclusion of the law school’s case, the student may
the counselor shall refer this matter back to the chief student move to dismiss the charges. If the motion is denied by the
affairs officer who will prefer disciplinary charges. committee, the student shall be given an opportunity to
present his/her defense.
4. The counselor is precluded from testifying in a Law School
hearing regarding information received during the conciliation 3. Prior to accepting testimony at the hearing, the
conference. chairperson shall rule on any motions questioning the
impartiality of any committee member or the adequacy of
Notice of Hearing and Charges: the notice of the charge(s). Subsequent thereto, the
chairperson may only rule on the sufficiency of the
d. Notice of the charge(s) and of the time and place of the evidence and may exclude irrelevant, immaterial, or unduly
hearing shall be personally delivered or sent by the chief repetitive evidence. However, if either party wishes to
student affairs officer of the Law School to the student at the question the impartiality of a committee member on the
address appearing on the records of the Law School, by basis of evidence which was not previously available at the
registered or certified mail and by regular mail. The hearing inception of the hearing, the chairperson may rule on such a
shall be scheduled within a reasonable time following the filing motion. The chairperson shall exclude all persons who are
of the charges or the conciliation conference. Notice of at least to appear as witnesses, except the accused student.
five business days shall be given to the student in advance of
the hearing unless the student consents to an earlier hearing. 4. The Law School shall make a record of each fact-finding
hearing by some means such as a stenographic transcript, a
e. The notice shall contain the following: tape recording or the equivalent. A disciplined student is
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
50
entitled upon request to a copy of such a transcript, tape, or than one term. An appeal of a decision of dismissal or
equivalent without cost. suspension for more than one term may be made to the
appropriate committee of the Board. Any appeal under this
5. The student is entitled to a closed hearing but has the right to section shall be made in writing within fifteen days after the
request an open public hearing. However, the chairperson has delivery of the decision appealed from. This requirement
the right to hold a closed hearing when an open public hearing may be waived in a particular case for good cause by the
would adversely affect and be disruptive of the committee’s dean or board committees as the case may be. If the dean is
normal operations. a party to the dispute, his/her functions with respect to an
appeal shall be discharged by an official of the university to
6. The Law School bears the burden of proving the charge(s) be appointed by the chancellor.
by a preponderance of the evidence.
7. The role of the faculty-student disciplinary committee is to Section 15.5 COMMITTEE STRUCTURE
listen to the testimony, ask questions of the witnesses, review
the testimony and evidence presented at the hearing and the a. Each faculty-student disciplinary committee shall consist
papers filed by the parties, and render a determination as to of two faculty members and two student members and a
guilt or innocence. In the event the student is found guilty, the chairperson. A quorum shall consist of the chairperson and
committee shall then determine the penalty to be imposed. any two members. Hearings shall be scheduled at a
convenient time and efforts shall be made to ensure full
8. At the end of the fact-finding phase of the hearing, the student and faculty representation.
student may introduce additional records, such as character
references. The Law School may introduce a copy of the b. The dean shall select in consultation with the head of the
student’s previous disciplinary record, where applicable, appropriate campus governance body or, where the dean is
provided the student was shown a copy of the record prior to the head of the governance body, its executive committee,
the commencement of the hearing. The disciplinary record three (3) members of the instructional staff of that law
shall be submitted to the committee in a sealed envelope and school to receive training and to serve in rotation as chair of
shall not be opened until after the committee has made its the disciplinary committees. If none of the chairpersons
findings of fact. In the event the student has been determined appointed from the campus can serve, the dean, at his/her
to be guilty of the charge or charges, the records and discretion, may request that a chairperson be selected by
documents introduced by the student and the law school shall lottery from the entire group of chairpersons appointed by
be opened and used by the committee for disposition purposes, other colleges. The chairperson shall preside at all
i.e., to determine an appropriate penalty if the charges are meetings of the faculty-student disciplinary meetings and
sustained. decide and make all rulings for the committee. S/he shall
not be a voting member of the committee but shall vote in
9. The committee shall deliberate in closed session. The the event of a tie.
committee’s decision shall be based solely on the testimony
and evidence presented at the hearing and the papers filed by c. The faculty members shall be selected by lot from a panel
the parties. of six elected annually by the appropriate faculty body from
10. The student shall be sent a copy of the faculty-student among the persons having faculty rank or faculty status.
disciplinary committee’s decision within five days of the The student members shall be selected by lot from a panel
conclusion of the hearing. The decision shall be final, subject of six elected annually in an election in which all students
to the student’s right of appeal. registered at the law school shall be eligible to vote. In the
event that the student or faculty panel or both are not
11. Where a student is represented by legal counsel, the Dean elected, or if more panel members are needed, the dean
of the Law School may request that a lawyer from the general shall have the duty to select the panel or panels which have
counsel’s office appear at the hearing to present the Law not been elected.
School’s case.
No individuals on the panel shall serve on the panel for
Section 15.4 APPEALS more than two consecutive years.
d. In the event that the chairperson cannot continue, the
An appeal of the decision of the faculty-student disciplinary dean shall appoint another chairperson. In the event that a
committee may be made to the dean who may confirm or student or faculty seat becomes vacant and it is necessary to
decrease the penalty but not increase it. His/her decision shall fill the seat to continue the hearing, the seat shall be filled
be final except in the case of dismissals or suspension for more from the faculty or student panel by lottery.
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
51
constituencies, or by their student governments from the
e. Persons who are to be participants in the hearings as elected members of the respective student governments.
witnesses or have been involved in preferring the charges or
who may participate in the appeals procedures or any other Section 15.8 COLLEGE GOVERNANCE PLANS
person having a direct interest in the outcome of the hearing
shall be disqualified from serving on the committee. The provisions in a duly adopted college governance plan
shall not be inconsistent with the provisions contained in
Section 15.6 SUSPENSION OR DISMISSAL this article.
The Board reserves full power to dismiss or suspend a student, USE OF FACULTY LOUNGE
or suspend a student organization, for conduct which impedes,
obstructs, or interferes with the orderly and continuous The faculty lounge is to be used primarily by the faculty.
administration and operation of any college, school, or unit of Students may reserve the space under rare circumstances
the university in the use of facilities or in the achievement of its for events that meet the following guidelines:
purposes as an educational institution. 1. The number of guests expected will not exceed 40 (if
more than 40 guests are expected, groups should use the
The chancellor or chancellor’s designee, a president or any 2nd floor lounge or spaces on the first floor); and
dean may, in emergency or extraordinary circumstances, 2. The nature of the event is appropriate for the
temporarily suspend a student, or temporarily suspend the arrangement of furnishings in the faculty lounge and does
privileges of a student organization or group for cause, pending not require a major re-arranging of the furniture (note:
an early hearing, as provided in bylaw section 15.3, to take under no circumstances is anyone but the custodians
place within not more than seven (7) school days. Prior to the permitted to re-arrange the tables because the tables are
commencement of a temporary suspension of a student, the law delicate and break easily); and
school shall give such student oral or written notice of the 3. The event is sponsored by a registered student
charges against him/her and, if s/he denies them, the law school organization; and
shall forthwith give such student an informal oral explanation 4. The event is a reception or “ceremonial” in nature; and
of the evidence supporting the charges and the student may 5. The event is more suitable for a smaller, special room
present informally her/his explanation or theory of the matter. and not suitable for any of the classrooms or the second
When a student’s presence poses a continuing danger to person floor lounge; and
or property or an ongoing threat of disrupting the academic 6. The event is open to all members of the Law School; and
process, notice and opportunity for denial and explanation may 7.The serving and consumption of food and beverages,
follow suspension, but shall be given as soon as feasible including alcohol, are in accordance with other Law School
thereafter. policies.
8. The sponsors agree to clean up after the event and return
Section 15.7. THE UNIVERSITY STUDENT SENATE. the room to its original state.
Bursar/Business Office: Invoices are available in the Bursar Office during Student
Tuition payments, collect fees, planning and implementation of Administration Week, which is the week directly before
the Law School budget. classes commence each semester.
Information Technology: All tuition and fee schedules are subject to change without
Maintains computer, telephone, and A/V operation; trains the notice at any time upon action by the City University of
Law School community in the operation of computers; and New York. Tuition and fees for the 2009-2010 school year
publishes an annual telephone directory. on a semester basis are:
The technology fee is charged by the University to fund Withdrawal during the second week 50%
computer systems, services and maintenance. of classes
Please Note: We only accept cash or money orders for Withdrawal during the third week 25%
transcripts. of classes
9. CUNY Names and Trademarks. CUNY names, 13. CUNY Access to Computer Resources.
trademarks and logos belong to the university and are protected CUNY does not routinely monitor, inspect, or disclose
by law. Users of CUNY computer resources may not state or individual usage of its computer resources without the
imply that they speak on behalf of CUNY or use a CUNY user’s consent. In most instances, if the university needs
name, trademark or logo without authorization to do so. information located in a CUNY computer resource, it will
Affiliation with CUNY does not, by itself, imply authorization simply request it from the author or custodian. However,
to speak on behalf of CUNY. CUNY IT professionals and staff do regularly monitor
general usage patterns as part of normal system operations
and maintenance and might, in connection with these
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
61
duties, observe the contents of web sites, e-mail or other f. when an account appears to be engaged in unusual or
electronic communications. Except as provided in this policy unusually excessive activity, as indicated by the monitoring
or by law, these individuals are not permitted to seek out of general activity and usage patterns, as determined by the
contents or transactional information, or disclose or otherwise college president or a vice president designated by the
use what they have observed. Nevertheless, because of the president and the college chief information officer or his or
inherent vulnerability of computer technology to unauthorized her designee, after consultation with CUNY’s chief
intrusions, users have no guarantee of privacy during any use information officer or his or her designee, the Office of
of CUNY computer resources or in any data in them, whether General Counsel, and the Chair of the University Faculty
or not a password or other entry identification or encryption is Senate (if a CUNY faculty member’s account or activity is
used. Users may expect that the privacy of their electronic involved) or Vice Chair if the Chair is unavailable; or
communications and of any materials contained in computer
storage in any CUNY electronic device dedicated to their use g. as otherwise required by law.
will not be intruded upon by CUNY except as outlined in this In those situations in which the Chair of the University
policy. Faculty Senate is to be consulted prior to monitoring or
CUNY may specifically monitor or inspect the activity and inspecting an account or activity, the following procedures
accounts of individual users of CUNY computer resources, shall apply: (i) the college president shall report the
including individual login sessions, e-mail and other completion of the monitoring or inspection to the Chair and
communications, without notice, in the following the CUNY employee affected, who shall also be told the
circumstances: reason for the monitoring or inspection, except where
specifically forbidden by law; and (ii) if the monitoring or
a. when the user has voluntarily made them accessible to the inspection of an account or activity requires physical entry
public, as by posting to Usenet or a web page; into a faculty member’s office, the faculty member shall be
advised prior thereto and shall be permitted to be present to
b. when it is reasonably necessary to do so to protect the observe, except where specifically forbidden by law.
integrity, security, or functionality of CUNY or other computer A CUNY employee may apply to the General Counsel for
resources, as determined by the college chief information an exemption from some or all of the circumstances under
officer or his or her designee, after consultation with CUNY’s which CUNY may inspect and monitor computer resource
chief information officer or his or her designee; activity and accounts, pursuant to subparagraphs (a)-(f)
above, with respect to a CUNY computer resource used
c. when it is reasonably necessary to diagnose and resolve solely for the collection, examination, analysis,
technical problems involving system hardware, software, or transmission or storage of confidential research data. In
communications, as determined by the college chief considering such application, the General Counsel shall
information officer or his or her designee, after consultation have the right to require the employee to affirm in writing
with CUNY’s chief information officer or his or her designee; that the computer resource will be used solely for the
confidential research. Any application for exemption should
d. when it is reasonably necessary to protect CUNY from be made prior to using the computer resource for the
liability, or when failure to act might result in significant bodily confidential research. CUNY, in its discretion, may disclose
harm, significant property loss or damage, or loss of significant the results of any general or individual monitoring or
evidence, as determined by the college president or a vice inspection to appropriate CUNY personnel or agents, or law
president designated by the president, after consultation with enforcement or other agencies. The results may be used in
the Office of General Counsel and the Chair of the University college disciplinary proceedings, discovery proceedings in
Faculty Senate (if a CUNY faculty member’s account or legal actions, or otherwise as is necessary to protect the
activity is involved) or Vice Chair if the Chair is unavailable; interests of the University.
e. when there is a reasonable basis to believe that CUNY policy In addition, users should be aware that CUNY may be
or federal, state or local law has been or is being violated, as required to disclose to the public under the New York State
determined by the college president or a vice president Freedom of Information Law communications made by
designated by the president, after consultation with the Office means of CUNY computer resources in conjunction with
of General Counsel and the Chair of the University Faculty University business.
Senate (if a CUNY faculty member’s account or activity is
involved) or Vice Chair if the Chair is unavailable; Any disclosures of activity of accounts of individual users
to persons or entities outside of CUNY, whether
discretionary or required by law, shall be approved by the
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
62
General Counsel and shall be conducted in accordance with
any applicable law. Except where specifically forbidden by Users receive and use information obtained through CUNY
law, CUNY employees subject to such disclosures shall be computer resources at their own risk. CUNY makes no
informed promptly after the disclosure of the actions taken and warranties (expressed or implied) with respect to the use of
the reasons for them. CUNY computer resources. CUNY accepts no
responsibility for the content of web pages or graphics that
The Office of General Counsel shall issue an annual statement are linked from CUNY web pages, for any advice or
of the instances of account monitoring or inspection that fall information received by a user through use of CUNY
within categories (d) through (g) above. The statement shall computer resources, or for any costs or charges incurred by
indicate the number of such instances and the cause and result a user as a result of seeking or accepting such advice or
of each. No personally identifiable data shall be included in information.
this statement.
CUNY reserves the right to change this policy and other
See CUNY’s Web Site Privacy Policy for additional related policies at any time. CUNY reserves any rights and
information regarding data collected by CUNY from visitors to remedies that it may have under any applicable law, rule or
the CUNY website at www.cuny.edu. regulation. Nothing contained in this policy will in any way
14. Enforcement. Violation of this policy may result in act as a waiver of such rights and remedies.
suspension or termination of an individual’s right of access to
CUNY computer resources, disciplinary action by appropriate CUNY SCHOOL OF LAW COMMUNITY MESSAGE
CUNY authorities, referral to law enforcement authorities for BOARDS
criminal prosecution, or other legal action, including action to
recover civil damages and penalties. As a student or employee of CUNY School of Law, you
have access to community-wide message board online
Violations will normally be handled through the university discussion groups. You may access the message boards at
disciplinary procedures applicable to the relevant user. For http://forums.law.cuny.edu. Your username is your email
example, alleged violations by students will normally be account name (without @mail.law.cuny.edu) and your
investigated, and any penalties or other discipline will normally password is the password you use to login to the wireless
be imposed by the Office of Student Affairs. network. This is different from your email password.
CUNY has the right to temporarily suspend computer use
privileges and to remove from CUNY computer resources The two school-wide message boards are: Calendar and
material it believes violates this policy, pending the outcome of Forum.
an investigation of misuse or finding of violation. This power
may be exercised only by the President of each college or the Each of these message boards has a special function and
Chancellor. messages may be posted to one or the other, but not both.
15. Additional Rules. Additional rules, policies, guidelines Calendar provides the medium for all members of the Law
and/or restrictions may be in effect for specific computers, School community to announce, to the entire community,
systems, or networks, or at specific computer facilities at the events or deadlines that may be of interest. Messages for
discretion of the directors of those facilities. Any such rules calendar are restricted to information about activities,
which potentially limit the privacy or confidentiality of scholarships, employment opportunities or other programs
electronic communications or information contained in or or events occurring both within and outside of the Law
delivered by or over CUNY computer resources will be subject School. The text should contain specific dates and, when
to the substantive and procedural safeguards provided by this applicable, locations of the events.
policy.
Forum serves as an electronic town hall meeting where
16. Disclaimer. CUNY shall not be responsible for any members of the community can discuss, debate and
damages, costs or other liabilities of any nature whatsoever introduce topics of concern or general interest.
with regard to the use of CUNY computer resources. This
includes, but is not limited to, damages caused by unauthorized The posting of messages on Law School message boards
access to CUNY computer resources, data loss, or other and the use of all computer resources of CUNY are subject
damages resulting from delays, non-deliveries, or service to guidelines of the CUNY Acceptable Use Policy for
interruptions, whether or not resulting from circumstances Computer Resources. PLEASE NOTE THAT
under the CUNY’s control. COMPUTER RESOURCES MAY NOT BE USED FOR
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
63
COMMERCIAL PURPOSES. and all members of the Law School community are advised
to use their residential addresses for all private mail and
The Law School is committed to a message board system that packages.
serves as an important and essential communication medium.
To preserve such a system requires that all members adhere to CHANGE OF ADDRESS
the guidelines and respect the rights and needs of others. Please
help us manage this essential resource. Should you have any We shall forward mail only in accordance with written and
questions, you can address them to the Assistant Dean of signed instruction by the addressee. The mailroom staff
Students will forward mail for a period of time not to exceed six
calendar months from the date that a written request is filed
MATERIALS MANAGEMENT DEPARTMENT in our office (Materials Management Office). The form for
this purpose is available in any of our offices. At the
Carmen Rana expiration of the six-month period, such forwarding ceases
Administrative Services Coordinator and affected items are returned to the sender.
Room: 135A
Phone: (718) 340-4297 XEROX MACHINES
The Materials Management Department is responsible for the Each student will be issued a Xerox authorization card from
following areas: Reprographics unit, mail delivery, archives for the Business Office. Each card will contain 500 “pre-paid”
instructional materials, book procurement and distribution, fax copies. Students may purchase additional copies by
equipment, vending (both food and postage), pay telephones, purchasing a copying authorization card at any of the
photocopying equipment, transportation/messenger service, vending machines placed by the first-floor security desk.
supplies, and shipping and receiving. Students should feel free The price per copy is five cents. Individuals are responsible
to stop by Reprographics (Room 169) or the Materials for the security of their cards. Student organizations
Management Office in Room 135B if you have any questions registered with the Dean of Students may bring their Law
or need assistance regarding any of the services listed above. School-related photocopying jobs to the Reprographics
Alternatively, students may call one of the following members Department for reproduction. Jobs are done on a first-
of the Materials Management Dept.: Carmen (ext. 4297) or come, first-served basis with priority given to the following
Mae (ext. 4347). order: course materials, administrative announcements, and
other requests. Problems with photocopying machines may
MAIL DELIVERY be reported to ext. 4298.
Student mailboxes are located on the first floor next to Room SUPPLIES
135. Boxes are assigned by class and in alphabetical order. All
students must empty their mailboxes at the end of each Students and student organizations may not request supplies
semester. Student and student organization mailboxes are from our Inventory Control Unit. Other than books that are
not for storing books or any other items. Mailboxes should issued by the book distribution staff, students are
be used only for students to receive important mail including, responsible for their supplies. This includes pens and
on occasion, the class assignments and correspondence from pencils.
the Law School’s administration. Mail is distributed every
business day between 9:00 a.m. and 11:00 a.m. Faculty and BOOK DISTRIBUTION
staff mailboxes are located on the second floor in Room 250A.
Required books are distributed only to students who have
The Law School has four mail depositories—two adjacent to completed their registration for the course(s) for which the
the 2nd-floor mailroom (Room 250A) and one at each of the books have been ordered, and who have paid their bills.
two entrances to the Law School. These may be used for your Book distribution cards prepared for every student list the
outgoing mail. Mail in the depositories is transported courses for which the student has registered. Books for
weekdays between 3:00 and 4:00 p.m. to the Whitestone each course are listed next to each course. Students are
Central Processing Center Optical Character Reader (OCR), responsible for and required to sign only for books that they
bypassing processing/handling at local Post Offices/stations. have been issued. Students are advised to make sure they
Properly addressed first-class mail should arrive at its do not sign for any materials/books that they have not been
destination usually in one to three business days. Students may issued.
purchase stamps from the Business Office, room 215. Students
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
64
Students are further advised not to mark or abuse the books
that they have signed for if there exist some possibility that PUBLIC SAFETY/SECURITY
they may drop the course for which the books are issued. DEPARTMENT
Students who drop any course will be required to pay for books
that are issued for that course if those books are marked or Steve Katz
abused in any way. Books that are not abused or marked may Director of Public Safety
be returned to the Distribution Center. Students are advised to
Room: 117
make sure that the Book Distribution Center attendant strikes
Phone: (718) 340-4270, -84271 (-84440 back desk)
off their names against each book that is being returned.
The Law School’s Security Department is comprised of
All books for dropped courses must be returned to the
sworn peace officers, campus security assistants, and
Distribution Center no later than one week after the add/drop
uniformed contract officers. Peace officers are deputized
period, which is the period that the Registrar or the School has
by the City University of New York and have power of
set aside for this purpose. After this period, no returns will be
arrest throughout the State of New York. The Security
accepted and payment for such books in cash or cashier’s
Office is open, and accessible, every day of the year,
check becomes due. Names of students who either fail to
around the clock.
return or pay for books that were issued for dropped courses
will be forwarded to the Registrar and a hold will be placed on
ANNUAL SECURITY REPORT-NOTICE OF
their records.
AVAILABILITY
RECYCLING POLICY
A copy of the CUNY School of Law’s Annual Security
Report can be obtained at the Office of the Public Safety
As concerned members of society and the community in which
Director, room 117. The report is also available on the web
we live, CUNY School of Law supports the recycling of our
at www.law.cuny.edu/about/legal/statistics-report/campus-
solid waste. Everyone’s help is needed to make our paper-
security-policy08-09.pdf. The report includes statistics for
recycling program successful. Our own recycling program was
the previous three years concerning reported crimes that
started in 1989 by an Environmental Law student at the Law
occurred on campus; in certain off-campus or property
School. The Custodial Department has continued the program
owned or controlled by the Law School and on public
and is given the primary responsibility for collecting all
property within, or immediately adjacent to and accessible
recyclable items. In an effort to meet this obligation, the
from the campus.
Custodial Department has placed recycling bins and boxes at
various locations in the building. All members of the
UNIVERSITY POLICY ON ADMISSION OF SEX
community wishing to express environmental concerns should
OFFENDERS
contact the office of the Custodial Supervisor at ext. 4389.
The Law School reserves the right to deny admission to any
What to Recycle?
student if in its judgment, the presence of that student on
1) Plastic containers, utensils, trays (must be entirely plastic);
campus poses an undue risk to the safety or security of the
2) Glass bottles and jars;
Law School or the Law School community. That judgment
3) Metal cans;
will be based on an individualized determination taking into
4) Aluminum foil and tins; and
account any information the Law School has about a
5) Paper.
student's criminal record and the particular circumstances of
the Law School, including the presence of a child care
Where to Recycle? center, a public school or public school students on the
1. Place your recyclable office paper outside your office
campus.
door on Wednesday morning for pickup. Please, no post-it
notes, clips, or staples; no glossy paper, either;
CUNY ALERT SYSTEM
2. Throw newspapers in large bins in student mailbox area.
All students, as well as faculty and staff are strongly
Please do not put office paper or other recyclables there; and
encouraged to participate in the CUNY Alert system. The
3. Throw mixed recyclables (non-returnable bottles and cans,
CUNY Alert system is designed to give you immediate and
clean aluminum or recyclable plastic food containers, etc.) in
up-to-date information regarding weather, utility and
the bottle and can bins in the halls, or in the large gray bins on
emergency situations. The system can contact you and
the 2nd and 3rd floors.
family or friends, as you designate, via text message, cell
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
65
phone, landline and e-mail. The system can offer all methods swipe your card through wall-mounted reader boxes to gain
of notice, a single method or any combination. It is user access to certain areas of the building. The Security Office
friendly and can prove to be invaluable before, during and after can provide clips which can be used to affix the card to
an emergency. Simply log onto www.cuny.edu/alert and your clothing. If your card is lost or stolen, report it to the
follow the instructions. Security Office immediately in order to invalidate it. A
small administrative fee must be paid to the Business Office
FIREARMS POLICY to replace it.
Because Security and Administrative personnel can request
All students are prohibited from having in their possession a that you present your card for purposes of identification,
rifle, shotgun, firearm or any other dangerous instrument or please carry your identification card with you at all times
material that can be used to inflict bodily harm on an when in the building. The University requires that all
individual, or damage the building or the grounds of the Law students have in their possession a valid student
School. There are no exceptions to this policy. Such identification card when upon any CUNY campus.
possession on Law School grounds may subject students to
disciplinary action by the Law School. LOCKERS
SNOW EMERGENCY PLAN The School provides lockers and combination locks
(located on the second and third floor hallways and in
The purpose of the plan is to inform the Law School seminar rooms) for student use. There are ample lockers
community about the status of operations during or following a for all students. The following protocol pertains to the use
snowstorm. The plan consists of two parts. The first and of the lockers:
primary part of the plan uses the Law School telephone 1. Lockers and combination locks are and remain the
message system. The second part of the plan consists of giving property of the School;
a local radio station the School’s closing information for 2. Lockers are given out on a first-come basis. First
broadcast. Each part of the plan is outlined below. year students use lockers located in their respective
(1) Telephone Call-In: In the event of a serious snowstorm, seminar rooms;
the Law School may be closed. An example of a serious 2. Locks must not be removed from the lockers;
snowstorm is one that has caused the closing of the New York 3. You must first come to Security and sign a locker
City Public Schools. In the event of a serious snowstorm, an request form--failure to do so will result in having your lock
alert message will be placed on the automatic answering removed;
system that can be accessed by dialing 718-340-4399. If there 4. Some time after the semester begins, Security will
is no message on the telephone system, assume the school is inform the community if additional lockers are available
open. (these regulations apply to those lockers as well);
(2) Radio Announcement: The Law School will announce its 5. Do not place perishable food items in the lockers;
closing on radio station WCBS (880 AM, 101.1 FM). 6. Be careful not to give out a combination number of
The City University Central Administration will have snow your lock to others;
closing information regarding all of the CUNY colleges, 7. If you forget your combination the Security
including the Law School, on: Department will provide it to you upon presentation of your
WADO 1280 AM ID and confirmation of the locker registration;
WBLS 107.5 FM 8. Placing stickers or emblems or defacing the
WFAS 1230 AM 104 FM lockers in any manner is prohibited;
WINS 1010 AM 9. All contents of the locker must be removed by the
WLIB 1190 AM end of the week after the July bar examination week. Signs
will be placed along the locker areas reminding you of the
ID CARDS specific date some time before the end of the spring
semester. All contents of the locker will be discarded. A
Identification Cards are an integral part of security at the Law small number of lockers are reserved for registered student
School. The Security Office will provide a photo identification organizational use only. Locks belonging to individual
card for each student. Validation stickers for your ID cards are students in this area are prohibited.
required and are available in the Security Office, room 117. A
validated ID card identifies you as a registered student and SECURITY ESCORT
serves as a door access device. A card access system is utilized
for entry to various areas of the School. It is necessary to
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
66
If you wish to be escorted to your car, provided it is parked in
the Law School’s lot, please inform a Security officer. If you Emergency Communication Response System
are waiting by a bus stop in front of the building or directly The system will give oral instructions for you to follow and
across the street, an officer can observe you from the building. will be repeated several times. Floor coordinators will
A traveling partner or car-pooling offers additional security. assist if we need to vacate. Please follow their instructions.
We cannot offer escorts outside of the building property.
Emergency two-way-Call Stations
LOST AND FOUND Are located throughout the building. Activating the device
will put you in hands-free direct communication with the
The Lost and Found is located in the Security Office, room main Security Desk.
117. If something of substantial value is returned to Security,
it is locked in a file cabinet, not accessible to the officers. The Fire Emergency Plan
Director or designee will release such valuables to the owner Floor coordinators are designated to serve specific areas of
upon presentation of identification and a satisfactory the building. They are equipped with bullhorns, mobile
description of the lost item. Keep valuables on your person or walkie-talkies, and flashlights. Their job is to facilitate
utilize the School’s lockers for safekeeping. Do not leave evacuations of all kinds and to pass information to the
laptops, cell phones, wallets or other items of personal import Public Safety Office. Please heed their directions. When
unattended for extended periods of time. fire alarms ring, proceed to the nearest exit and leave the
building at once. If a false alarm has occurred, we will
EMERGENCY IMFORMATION make an “all clear” announcement through our emergency
communication response system. Treat all fire alarms as
Emergency Phone Numbers real unless otherwise directed by the floor coordinators or
Police/Fire/EMS 911 members of the public safety staff. Advance notice will be
Public Safety 718-340-4270 given when formal fire drills are conducted. Drills should
Health & Safety Officer 718-340-4270 be treated as emergency incident and require everyone’s
Physical Plant/Engineer 718-340-4280 quick and full cooperation.
Student Counseling Services 718-340-4216
Dean’s Office 718-340-4201 In all cases of fire, the Department of Public Safety must be
Student Affairs 718-340-4207 notified immediately. This can be done via phoning the
department at 84270 or by activating a fire pull station or
Off-Campus Assistance Numbers use of one of our two-way emergency call stations. Know
Local Police Precinct (107) 718-969-5100 the location of stairways, fire extinguishers, fire exits, and
Local Fire Station 718-476-6215 pull boxes in school. If a minor fire appears controllable,
Poison Control 212-764-7667 immediately contact (personally or preferably have
someone else call) the Department of Public Safety at ext.
When power to the building is down or the internal phone 84270. Then promptly direct the discharge of the fire
service is lost, come to the Security Office to use the POTS extinguisher toward the base of the flame by squeezing the
LINE (Plain Old Telephone Service) at 718-263-0943. trigger and moving the hose in a side-to-side motion. Do
not use water extinguishers on electrical fires. If an
Basic Emergency Procedures emergency exists, activate the building’s fire alarm system.
The Public Safety Department needs you to serve as additional
eyes and ears, to be proactive in your own safety as well as the In the case of large fires that do not appear controllable,
safety of your peers. Let us know of your concerns, inform us immediately activate a fire pull station and, if time permits,
of problems and potential problems, heed the advice and call 84270 to report the exact location of the fire. If time
directions outlined below, and let us know how we can permits, close the door of the room where the fire exists.
improve our service to you. When the building evacuation alarm is sounded, always
assume that an emergency exists. Touch closed doors; do
The College Emergency Plan not open them if they are hot. If the door is cool, brace
The succession of events in an emergency is not predictable yourself behind the door and open it slowly. Bracing
and operational plans will serve only as guidelines and may yourself behind the door prevents the door from being
require on-the-spot modification in order to meet the needs of blown open due to the pressure created by the fire. Walk
the emergency. Stay calm, stay focused, follow formal quickly to the nearest exit and alert others to do the same.
instructions, and exercise common sense. Do not use the elevators during a fire. Smoke is the
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
67
greatest danger in a fire, so stay near the floor where the air you. Do not give your position away or stand-up until an
will be less toxic. Once outside, move to a clear area at least all-clear signal is given by Public Safety or civil authorities.
500 feet away from the affected building. Keep streets, fire
lanes, hydrants and walkways clear for emergency vehicles and Bomb Incident Plan
crews. These essential personnel must be allowed to do their While it is important to note that the overwhelming
jobs. Do not return to an evacuated building unless told to do majority of bomb threats are unfounded, it is the policy of
so by a College official. the Law School that they are to be taken seriously. Each
threat will be thoroughly investigated and will be
If you become trapped in a building during a fire and a window considered suspect until all avenues of investigation have
is available, place an article of clothing (shirt, coat, etc.) been explored.
outside the window as a marker for rescue crews. Place a wet
cloth at the base of doors to keep smoke from entering. Shout A suspicious looking box, package, object or container in or
at regular intervals to alert emergency crews of your location. near your work area may be a bomb or explosive material.
Dampen a cloth with water, place it over your nose, and Do not handle or touch the object. Move to a safe area (far
breathe lightly through it. Should your clothing catch fire, stop, from the object) and call the Department of Public Safety
drop and roll. Rolling on the ground will help smother the fire- immediately at ext. 84270. Do not operate any electronic
this is in fact very effective. devices, radios or light (power) switches.
Hostile Intruder If you receive a bomb threat, remain calm and try to obtain
Don’t panic. Keep breathing and keep focused. When an as much information as possible from the caller.
intruder in a campus building is actively causing deadly harm Specifically try to ascertain the following:
or the threat of imminent deadly harm to people you must a) the location of the device;
immediately seek cover and contact 911 and the Public Safety b) the time, if any, the device is scheduled to go off;
Department, if at all possible. If you are able to make a call, c) the appearance or type of container used for the device;
give as many details as possible relative to location, number of d) the reason for placing the device;
assailants, means of aggression and other pertinent e) the size of the bomb;
information. Do not sound the fire alarm to evacuate the f) the type of explosive used in the device;
building. People may be placed in harm’s way when they are g) the name of the caller or organization taking
attempting to evacuate the building. Be aware of alternate exits responsibility;
if it becomes necessary to flee. Persons should lock h) any additional information that might be available.
themselves in classrooms, dorm rooms, and offices as a means
of protection. Persons should stay low, away from windows The person receiving the call should note the following:
and barricade their door(s) if possible and use furniture or a) Male or female voice;
desks as cover. If possible, cover any windows or openings b) Time of call;
that have a direct line of sight into the hallway. Students and c) Mood of caller (excited, nervous, calm, and despondent);
staff should not attempt to leave the building until told to do so d) Background noises that may be present at the location of
by Public Safety or NYPD. The only exception to this is, given the caller;
the specific circumstances, a person is certain beyond any e) Approximate age of the caller;
doubt that s/he is in more danger staying in the building than in f) Any other peculiarities that may be helpful in identifying
attempting to escape. the source of the call or its purpose.
When a hostile intruder is actively causing deadly harm or the The police will be called if an evacuation is deemed
threat of imminent deadly harm to people on the campus necessary, an announcement will be made via the public
grounds, we recommend the following course of action: address system. If an evacuation is necessary, only use
stairs. Do not use elevators. Move well away from the
Run away from the threat if you can, as fast as you can. Do not building and follow the instructions of floor coordinators
run in a straight line. Use buildings, trees, shrubs, and cars as and emergency personnel at the scene. In lieu of an
cover. If inside, desks, chairs bookcases may help. If you can evacuation, a designated staging area will be used. Please
get away from the immediate area of danger, summon help and follow the directions broadcast on the public address
warn others. If you decide to hide, take into consideration the system.
area in which you are hiding. Will I be found? Is this really a
good spot to remain hidden? If the person(s) is causing death If there is an explosion:
or serious physical injury to others and you are unable to run or a) immediately take cover under sturdy furniture;
hide, you may choose to play dead if other victims are around b) stay away from the windows;
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
68
c) do not light matches; with classes should remain where they are until notified
d) move away from the site of the explosion to a safe location; otherwise. During a power failure or possible power
e) use stairs only, do not use elevators. failure, never use an elevator. If you become trapped in an
elevator during a power outage, use the emergency phone in
Medical Emergencies the elevator to contact the main security desk. Once power
All medical emergencies should be reported immediately to is restored, Public Safety will make an announcement using
Public Safety ext. 84270. If the medical emergency is life the School’s emergency communication response system.
threatening, then call 911 before dialing Public Safety. When
making the call, give your name; describe the nature and Plumbing Problem/Flooding
severity of the medical problem and the location of the victim. Cease using all electrical equipment. Notify Public Safety
Try to answer all of the questions the dispatcher asks you and immediately. If necessary vacate the area and prevent
let him/her hang-up the phone first. Do not move the victim. anyone else from entering. If a toilet overflows, contact us.
If you are certified in CPR and first aid and able to help, then
try to assist the victim until help arrives. Look for emergency Gas Leaks
medical ID’s such as bracelets on injured persons and try to Gas leaks are very rare but can be very serious. If you
keep the victim as comfortable as possible until emergency smell gas, contact security by coming down to the main
personnel arrive. If a medical problem is non-life threatening, security desk or utilize a phone away from the smell of gas.
call the Department of Campus Police & Security Services. Do not use a mobile phone near a gas leak whether here or
at home. Gas vapors can be ignited by static electricity.
If the victim can be safely moved then she/he will be escorted
to the Public Safety Office, room 117. If campus police Evacuation Procedure
personnel believe that a victim should not be moved or that Although it is highly unlikely that there will ever be an
emergency medical care is required immediately, then they will emergency in the building that will require you to evacuate
call 911. Please remember that the decision to call or not call immediately, it is prudent to be prepared for such an
911 is not based on financial situation or insurance status. The occasion. The first rule of any emergency is to remain calm
focus is on assisting the ill or injured party. and have a plan. Once this is done, you will find that
almost any situation has a safe solution. When in the
Medical Emergencies that are Emotional in Nature School, make it a habit to familiarize yourself with the floor
The Office of the Dean of Students can be most helpful in plans. Know where the emergency exits are. Know where
assisting anyone who feels in need of counseling or mental the fire extinguishers are. Take time to learn where the
health service. Linda Penkower, our Law School counselor, is stairways are and where they lead. Emergency exit doors in
available at 718-340-4216. Whenever an individual the building are never chain locked. You can exit the
demonstrates or reports a risk for self-destructive or suicidal building from any stairway. Security and designated fire
behavior, immediate assistance is needed. If the situation poses marshals will take up key positions to assist in the event of
an imminent physical danger, call 84270 to reach the Public an evacuation. Ask questions of the Director if you have
Safety Office. If imminent physical danger is not posed then any concerns. Suggestions are also very valuable.
call the Dean of Students office at ext.84207 or Linda
Penkower at 84216. If they are unavailable, contact Public It is our policy to have the schedules of those persons who
Safety. are differently-abled on file so that we may offer special
assistance. If there is a large fire or explosion, do not waste
Utility Failures time gathering personal effects. Remember to never use the
Report any power failure immediately to Public Safety at ext. elevator when the building is being evacuated unless
84270. In the event of a building wide power failure, phones specifically instructed by police, fire or civil authorities. If
will not function. The office can be reached at its Plain Old you are the first one on the scene at an emergency, call
Telephone Service line 718-263-0943. If no other emergency Security (ext. 4270) immediately. If this is not possible,
exists, you can come to the front Security Desk. The School yell, scream, and make noise to attract attention. The key to
has many battery-operated emergency lights that will trigger safe building evacuation is to know your surroundings and
during a fire or power outage. Having a flash light attached to move quickly.
a key chain, belt clip or in a bag may be helpful even when not
in the School. Never use candles. The Public Safety In the event of a small fire that is not electrical, water fire
Department has a portable gas-powered generator that can run extinguishers can be utilized. Please summon Security
several of our internal office functions. During daylight, add regardless of the size of the fire, if at all possible. Any other
as much natural lighting as possible by raising blinds. Faculty fire will activate the fire alarm system and a warning bell
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
69
will ring. Corridor doors will swing shut to contain smoke and GUESTS
fire. Do not attempt to pass through corridor doors that have
shut. Go to the nearest stairway and exit the building. Most All visitors to the School are expected to comport
injuries and fatalities associated with fires are the result of themselves in a manner consistent with an academic
smoke inhalation. Again, get out of the building quickly. If environment. Guests must sign in at the front Security
you must pass through smoke, cover your mouth and nose with Desk and show identification to the officer on duty. Upon
an article of clothing, preferably wet. STAY LOW. Smoke exiting the School, guests must sign out. Guests must
and heat tend to rise as cooler air is denser. If you have any generally be in the same area as the host student and may
suspicion that the fire or smoke is related to a gas leak, DO not use School facilities such as copy machines or
NOT USE A CELL PHONE. Electrical energy can ignite computers in furtherance of their own work without express
fumes. There are fire alarm pull stations located throughout permission of the Office of Student Affairs. Guests are
the building--please use them in the event of an actual subject to the lawful instructions of all members of the
emergency. Security, as well as the Administrative staff. Guests may
not remain in the building after midnight. If someone is
FIRST AID waiting for you after this time to facilitate transportation or
other issue of importance, they must remain on the first
The Security Office is equipped to deal with certain minor floor. If a guest seems to be intoxicated, refuses to follow
medical emergencies. Several of our officers are trained and procedures of identification or sign in and sign out
certified in basic first-aid and C.P.R. If you or a community procedures, entry to the building will be denied.
member requires first aid, please go directly to Security (Room
117). If that is not possible, phone the guard desk (ext. 4270 or LAW SCHOOL BUILDING-LATE NIGHT POLICY
4440). Please be advised that there are emergencies/medical
conditions for which we are not equipped. In such cases, 911 The Law School building is available to current Law
emergency services will be summoned. If you have an existing School students, faculty and staff for school-related
medical condition that you think the School should know purposes during the hours of 12 midnight to 6:30 am. Any
about, please inform either Security or the Office of Student such person wishing to remain in the building must sign in
Affairs. This information will be held in confidence to the best at the Security Desk at midnight. Anyone entering or
of our ability. We are not permitted to dispense any oral over- leaving the building during this time period must sign in or
the-counter medications. It is advised that you store out at the Security Desk. Late-night usage of the building is
analgesics, antacids or antihistamines in or locker for personal limited to current Law School students, faculty and staff
use. Automated Electronic Defibrillators are located on the personally. No guests are permitted during these hours.
first, second and third floors. Late-night usage of the building is expressly limited to
school-related purposes. Such permitted usage does not
ANIMALS IN THE BUILDING include sleeping, socializing or other recreational activities
except as tangential to study or research. Violators of this
With the exception of trained service animals, pets are not usage limitation will be asked to leave the building, and
permitted in the building at any time. repeat violators may have their late-night privileges
suspended or revoked.
BICYCLES
LAW SCHOOL PARKING POLICY
The School encourages the use of bicycles and provides for As issued by the Office of the Associate Dean of Finance and
their security by means of bicycle racks located at the rear of Administration
the School in the parking lot. A good lock and chain-
preferably cable type- are strongly recommended. As with CUNY School of Law
vehicles, the School cannot assume responsibility for the Parking Policy
safekeeping of bicycles. Please note that bicycles are never Issued June 2003
allowed to be stored or brought into the building nor is it Amended Fall 2009
permissible to store bicycles or chains on the racks for
extended periods of time. Please do not chain bicycles to the Parking in the lot
railings in front of the School or on signposts. Please remove The lot behind the Law School is for the entire Law School
locks and chains when they are not in use. Such devices will community--students, faculty, staff, and administrators.
be removed by the School if they are left on racks or railings. The following policy will govern parking in the lot:
4) The disabled spaces will be comprised of approximately 12 14) Public Safety Department personnel are not permitted
spaces along the north railing (in the back lot) where the to operate any vehicle parked in the lot without the express
authorized vehicle spaces currently (as of Spring 2003) exist. consent of the Director or designee.
5) All those, whether student, staff or faculty who park in a 15) The School of Law reserves the right to amend these
disabled space MUST have either a disabled placard issued by regulations at any time as conditions dictate.
the Department of Motor Vehicles (DMV) (in the name of the
individual who purchased the School of Law parking permit) Parking on the street
or specially issued disabled license plates (issued to the There is also ample parking on the streets adjacent to the
individual who purchased the School of Law parking permit). School; also at the driver’s own risk. When parking on the
A temporary School disabled permit may in cases of extreme street, please be mindful of the following:
emergency be issued for a limited period by the Office of the
Associate Dean of Administration and Finance. a) Do not park your car in the same spot every day. If
6) The authorized vehicle spaces will be along the east fence someone is watching your car, don’t make it too easy for
(in the main back lot) where the disabled spaces currently (as that person to locate it;
of Spring 2003) exist. There will be approximately 9
authorized spaces which are for the School’s vehicles and those b) Always lock your car doors and roll up all windows;
of the deans.
c) Do not leave anything of value in the car. Certainly,
7) On occasion, there may be several spaces reserved for leave nothing in view to outsiders;
visitors, including guest lecturers, contractors and other visiting
CUNY personnel. d) If you plan to stay in school late and your car is not
already in the parking lot, try to move it sometime when the
8) Guest spaces should be reserved through the Office of the lot is less crowded-usually after 4:00 p.m.;
Associate Dean of Administration and Finance at least 48 e) If your car has been stolen or vandalized, return to the
hours in advance to ensure the availability of a space. building and go to the Security Office, located in Room
9) No one, other than authorized security personnel, may 117. They will file a report and, if you like, call the police
remove barriers used to reserve spaces. Removal of these for you. The number for the 107th Precinct of the N.Y.P.D.
barriers may result in towing of vehicles and/or revocation of is (718) 969-5100;
parking privileges for the semester.
f) Consider installing an anti-theft device or vehicle
10) No one may reserve a space through any manner other than recovery system.
that prescribed herein. Upon leaving the parking facility, no
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
71
Please remember, Security is ready and willing to help, but the
protection of your vehicle is ultimately your responsibility 1. Definitions
Workplace violence is any behavior that is violent,
CUNY WORKPLACE VIOLENCE POLICY and threatens violence, coerces, harasses or intimidates others,
PROCEDURES interferes with an individual’s legal rights of movement or
expression, or disrupts the workplace, the academic
environment, or the University’s ability to provide services
The City University of New York has a long-standing to the public. Examples of workplace violence include, but
commitment to promoting a safe and secure academic and are not limited to:
work environment that promotes the achievement of its mission
of teaching, research, scholarship and service. All members of 2. Disruptive behavior intended to disturb, interfere with or
the University community–students, faculty and staff–are prevent normal work activities (such as yelling, using
expected to maintain a working and learning environment free profanity, verbally abusing others, or waving arms and
from violence, threats of harassment, violence, intimidation or fists).
coercion. While these behaviors are not prevalent at the
University, no organization is immune. 3. Intentional physical contact for the purpose of causing
The purpose of this policy is to address the issue of potential harm (such as slapping, stabbing, punching, striking,
workplace violence in our community, prevent workplace shoving, or other physical attack).
violence from occurring to the fullest extent possible, and set
forth procedures to be followed when such violence has 4. Menacing or threatening behavior (such as throwing
occurred. objects, pounding on a desk or door, damaging property,
stalking, or otherwise acting aggressively; or making oral or
Policy written statements specifically intended to frighten, coerce,
or threaten) where a reasonable person would interrupt such
The City University of New York prohibits workplace behavior as constituting evidence of intent to cause harm to
violence. Violence, threats of violence, intimidation, individuals or property.
harassment, coercion, or other threatening behavior towards
people or property will not be tolerated. Complaints involving 5. Possessing firearms, imitation firearms, knives or other
workplace violence will not be ignored and will be given the dangerous weapons, instruments or materials. No one
serious attention they deserve. Individuals who violate this within the University community, shall have in their
policy may be removed from University property and are possession a firearm or other dangerous weapon, instrument
subject to disciplinary and/or personnel action up to and or material that can be used to inflict bodily harm on an
including termination, consistent with University policies, rules individual or damage to University property without
and collective bargaining agreements, and/or referral to law specific written authorization from the Chancellor or the
enforcement authorities for criminal prosecution. Complaints college President regardless of whether the individual
of sexual harassment are covered under the University’s Policy possesses a valid permit to carry the firearm or weapon.
Against Sexual Harassment.
The University, at the request of an employee or student, or at Reporting of Incidents
its own discretion, may prohibit members of the public, 1. General Reporting Responsibilities
including family members, from seeing an employee or student Incidents of workplace violence, threats of workplace
on University property unless necessary to transact University- violence, or observations of workplace violence are not be
related business. This policy particularly applies in cases where ignored by any member of the University community.
the employee or student suspects that an act of violence will Workplace violence should promptly be reported to the
result from an encounter with said individual(s). appropriate University official (see below). Additionally,
Scope faculty, staff and students are encouraged to report behavior
All faculty, staff, students, vendors, contractors, consultants, that they reasonably believe poses a potential for workplace
and others who do business with the University, whether in a violence as defined above. It is important that all members
University facility or off-campus location where University of the University community take this responsibility
business is conducted, are covered by this policy. This policy seriously to effectively maintain a safe working and
also applies to other persons not affiliated with the University, learning environment.
such as former employees, former students, and visitors. When
students have complaints about other students, they should 2. Imminent or Actual Violence
contact the Office of Student Affairs at their campus.
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
72
Any person experiencing or witnessing imminent danger or The Campus Public Safety Office is responsible for
actual violence involving weapons or personal injury should responding to, intervening, and documenting all incidents
call the Campus Public Safety Office immediately, or call 911. of violence in the workplace. The Campus Public Safety
Office will immediately log all incidents of workplace
3. Acts of Violence Not Involving Weapons or Injuries violence and will notify the respective supervisor of an
to Persons incident with his/her employee, or notify the appropriate
Any person who is the subject of a suspected violation of this campus official of an incident with a student. All officers
policy involving violence without weapons or personal injury, should be knowledgeable of when law enforcement action
or is a witness to such suspected violation, should report the may be appropriate. Public Safety will maintain an internal
incident to his or her supervisor, or in lieu thereof, to their tracking system of all threats and incidents of violence.
respective Campus Public Safety Office. Students should report Annual reports will be submitted to the President (at the
such incidents to the Office of Student Affairs at their campus same time as the report noted below) detailing the number
or in lieu thereof, their campus Public Safety Office. The and description of workplace violence incidents, the
Campus Public Safety Office will work with the Office of disposition of the incidents, and recommend policy, training
Human Resources and the supervisor or the Office of Student issues, or security procedures that were or should be
Affairs on an appropriate response. implemented to maintain a safe working and learning
environment. These incidents will be reported in the Annual
4. Commission of a Crime Report of the College Advisory Committee on Campus
All individuals who believe a crime has been committed Security consistent with the reporting requirements of
against them have the right, and are encouraged, to report the Article 129A Subsection 6450 of the NYS Education Law
incident to the appropriate law enforcement agency. (Regulation by Colleges of Conduct on Campuses and
Other College Property for Educational Purposes).
5. False Reports
Members of the University community who make false and Officers will be trained in workplace violence awareness
malicious complaints of workplace violence, as opposed to and prevention, non-violent crises intervention, conflict
complaints which, even if erroneous, are made in good faith, management, and dispute resolution.
will be subject to disciplinary action and/or referral to civil
authorities as appropriate. Officers will work closely with Human Resources when the
possibility of workplace violence is heightened, as well as
6. Incident Reports on the appropriate response to workplace violence incidents
The University will report incidents of workplace violence consistent with CUNY policies, rules, procedures and
consistent with the College Policies for Incident Reporting applicable labor agreements, including appropriate
Under the Campus Security Policy and Statistical Act (Cleary disciplinary action up to and including termination.
Act).
Responsibilities When informed, Public Safety will maintain a record of any
Orders of Protection for faculty, staff, and students. Public
1. Presidents Safety will provide an escort to members of the college
The President of each constituent college of The City community within its geographical confines, when
University of New York, the Chief Operating Officer at the sufficient personnel are available. Such services are to be
Central Office, and the Deans of the Law School and the extended at the discretion of the Campus Public Safety
Sophie Davis School of Biomedical Education shall be Director or designee. Only the President, or designee, in
responsible for the implementation of this policy on his or her his/her absence, can authorize escort service outside of the
respective campus. The responsibility includes dissemination geographical confines of the college.
of this policy to all members of the college community,
ensuring appropriate investigation and follow-up of all alleged 3. Supervisors
incidents of workplace violence, constituting a Workplace Each dean, director, department chairperson, executive
Violence Advisory Team (See #7. below), and ensuring that all officer, administrator, or other person with supervisory
administrators, managers, and supervisors are aware of their responsibility (hereinafter “supervisor”) is responsible
responsibilities under this policy through internal within his/her area of jurisdiction for the implementation of
communications and training. this policy. Supervisors must report to their respective
Campus Public Safety Office any complaint of workplace
2. Campus Public Safety Office violence made to him/her and any other incidents of
workplace violence of which he/she becomes aware or
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
73
reasonably believes to exist. Supervisors are expected to copy of the Workplace Violence Policy and Procedures and
inform their immediate supervisor promptly about any insuring that faculty and staff receive appropriate training.
complaints, acts, or threats of violence even if the situation has The Office of Human Resources will also be responsible for
been addressed and resolved. After having reported such annually disseminating this policy to all faculty and staff at
complaint or incident to the Campus Public Safety Director and their campus, as well as posting the policy throughout the
immediate supervisor, the supervisor should keep it campus and on the college’s website, as appropriate.
confidential and not disclose it further, except as necessary
during the investigation process and/or subsequent 6. Students
proceedings. Students who witness violence, learn of threats, or are
victims of violence by employees, students or others should
Supervisors are required to contact the Campus Public Safety report the incident immediately to the Campus Public
Office immediately in the event of imminent or actual violence Safety Office. If there is no imminent danger, students
involving weapons or potential physical injuries. should report threatening incidents by employees, students
or others as soon as possible to the Campus Public Safety
4. Faculty and Staff Office or Office of Student Affairs. Students will be
Faculty and staff must report workplace violence, as defined provided with workplace violence awareness information
above, to their supervisor. Faculty and staff who are advised by (including information regarding available counseling
a student that a workplace violence incident has occurred or services) upon registration each year.
has been observed must report this to the Campus Public Safety
Director immediately. Recurring or persistent workplace 7. Workplace Violence Advisory Team
violence that an employee reasonably believes is not being A college President shall establish a Workplace Violence
addressed satisfactorily, or violence that is, or has been, Advisory Team at his/her college. This Team, working with
engaged in by the employee’s supervisor should be brought to the College Advisory Committee on Campus Security, will
the attention of the Campus Public Safety Director. assist the President in responding to workplace violence;
Employees who have obtained Orders of Protection are facilitating appropriate responses to reported incidents of
expected to notify their supervisors and the Campus Public workplace violence; assessing the potential problem of
Safety Office of any orders that list CUNY locations as workplace violence at its site; assessing the college’s
protected areas. readiness for dealing with workplace violence; evaluating
incidents to prevent future occurrences; and utilizing
Victims of domestic violence who believe the violence may prevention, intervention, and interviewing techniques in
extend into the workplace, or employees who believe that responding to workplace violence. This Team will also
domestic or other personal matters may result in their being develop workplace violence prevention tools (such as
subject to violence extending into the workplace, are pamphlets, guidelines and handbooks) to further assist in
encouraged to notify their supervisor, or the Campus Public recognizing and preventing workplace violence on campus.
Safety Office. Confidentiality will be maintained to the extent It is recommended that this Team include representatives
possible. from Campus Public Safety, Human Resources, Labor
Upon hiring, and annually thereafter, faculty and staff will Relations, Counseling Services, Occupational Health and
receive copies of this policy. Additionally, the policy will be Safety, Legal, and others, including faculty, staff and
posted throughout the campus and be placed on the CUNY students, as deemed appropriate by the President.
website and on the Law School’s website, as appropriate. In lieu of establishing the Workplace Violence Advisory
Team, a President may opt to expand the College Advisory
5. Office of Human Resources Committee on Campus Security with representatives from
The Office of Human Resources at each campus is responsible the areas recommended above to address workplace
for assisting the Campus Public Safety Director and violence issues at the campus and perform the functions
supervisors in responding to workplace violence; facilitating outlined above.
appropriate responses to reported incidents of workplace
violence; notifying the Campus Public Safety Office of 8. University Communications
workplace violence incidents reported to that office; and All communications to the University community and
consulting with, as necessary, counseling services to secure outside entities regarding incidents of workplace violence
professional intervention. will be made through the University Office of University
Relations after consultation with the respective President or
The Office of Human Resources is responsible for providing his/her designee.
new employees or employees transferred to the campus with a
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
74
Education end, we provide this interactive computer program to
Colleges are responsible for the dissemination and enforcement inform all members of the University community about
of this policy as described herein, as well as for providing sexual harassment - what it is and how to prevent it in
opportunities for training in the prevention and awareness of academic and workplace settings. A copy of the
workplace violence. The Office of Faculty and Staff Relations University’s Policy Against Sexual Harassment is available
will provide assistance to the campuses in identifying available for printing during the program. Revised and adopted by the
training opportunities, as well as other resources and tools Board of Trustees in 2004, the policy defines sexual
(such as reference materials detailing workplace violence harassment, provides examples of prohibited conduct,
warning signs) that can be incorporated into campus prevention discusses penalties for offenders, and establishes
materials for dissemination to the college community. procedures for handling complaints.
Additionally, the Office of Faculty & Staff Relations will offer
periodic training opportunities to supplement the college’s The University strives to foster a harassment-free
training programs. environment - one in which all its members can work,
study, and learn in an atmosphere of courtesy and mutual
Confidentiality respect. As a supervisor or administrator/faculty
The University shall maintain the confidentiality of member/member of the University community, you have a
investigations of workplace violence to the extent possible. The role to play in the attainment of this goal. I thank you for
University will act on the basis of anonymous complaints devoting further attention to this serious issue.
where it has a reasonable basis to believe that there has been a
violation of this policy and that the safety and well being of Matthew Goldstein, Chancellor
members of the University community would be served by Policy Statement
such action.
It is the policy of The City University of New York to
promote a cooperative work and academic environment in
Retaliation
which there exists mutual respect for all University
Retaliation against anyone acting in good faith who has made a
students, faculty, and staff. Harassment of employees or
complaint of workplace violence, who has reported witnessing
students based upon sex is inconsistent with this objective
workplace violence, or who has been involved in reporting,
and contrary to the University’s non-discrimination policy.
investigating, or responding to workplace violence is a
Sexual harassment is illegal under Federal, State, and City
violation of this policy. Those found responsible for retaliatory
laws, and will not be tolerated within the University.
action will be subject to discipline up to and including
termination. The University, through its colleges, will disseminate this
policy and take other steps to educate the University
Approved by the Board of Trustees June 28, 2004. community about sexual harassment. The University will
establish procedures to ensure that investigations of
allegations of sexual harassment are conducted in a manner
that is prompt, fair, thorough, and as confidential as
possible under the circumstances, and that appropriate
corrective and/or disciplinary action is taken as warranted
CUNY BOARD OF TRUSTEES POLICY AGAINST by the circumstances when sexual harassment is determined
SEXUAL HARASSMENT to have occurred. Members of the University community
Sexual harassment is illegal. who believe themselves to be aggrieved under this policy
are strongly encouraged to report the allegations of sexual
As Chancellor, I take this opportunity to reaffirm the harassment as promptly as possible. Delay in making a
University’s commitment to maintaining an employment and complaint of sexual harassment may make it more difficult
academic environment free from all forms of exploitation, for the college to investigate the allegations.
intimidation, or harassment, including sexual harassment. The
City University of New York does not tolerate sexual A. Prohibited Conduct
harassment. It is demeaning, offensive, illegal, and prohibited
by University policy. It is a violation of University policy for any member of the
University community to engage in sexual harassment or to
Every student, faculty member, staff member, and retaliate against any member of the University community
administrator is encouraged to become aware of and to support for raising an allegation of sexual harassment, for filing a
the University’s Policy Against Sexual Harassment. To this complaint alleging sexual harassment, or for participating in
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
75
any proceeding to determine if sexual harassment has occurred. that an intimidating, hostile or abusive work or academic
environment has been created. Examples of this kind of
B. Definition of Sexual Harassment sexual harassment include, but are not limited to, the
following:
For purposes of this policy, sexual harassment is defined as
unwelcome sexual advances, requests for sexual favors, and - sexual comments, teasing, or jokes;
other oral or written communications or physical conduct of a
sexual nature when: - sexual slurs, demeaning epithets, derogatory statements,
or other verbal abuse;
1. submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment or - graphic or sexually suggestive comments about an
academic standing; individual's attire or body;
2. submission to or rejection of such conduct by an individual - inquiries or discussions about sexual activities;
is used as a basis for employment or academic decisions
affecting such individual; or - pressure to accept social invitations, to meet privately, to
date, or to have sexual relations;
3. such conduct has the purpose or effect of unreasonably
interfering with an individual's work or academic performance - sexually suggestive letters or other written materials;
or creating an intimidating, hostile or abusive work or
academic environment. - sexual touching, brushing up against another in a sexual
manner, graphic or sexually suggestive gestures, cornering,
Sexual harassment can occur between individuals of different pinching, grabbing, kissing, or fondling;
sexes or of the same sex. Although sexual harassment most
often exploits a relationship between individuals of unequal - coerced sexual intercourse or sexual assault.
power (such as between a faculty member and student,
D. Consensual Relationships
supervisor and employee, or tenured and untenured faculty
members), it may also occur between individuals of equal Amorous, dating, or sexual relationships that might be
power (such as between fellow students or co-workers), or in appropriate in other circumstances have inherent dangers
some circumstances even where it appears that the harasser has when they occur between a faculty member, supervisor, or
less power than the individual harassed (for example, a student other member of the University community and any person
sexually harassing a faculty member). A lack of intent to harass for whom he or she has a professional responsibility. These
may be relevant to, but will not be determinative of, whether dangers can include: that a student or employee may feel
sexual harassment has occurred. coerced into an unwanted relationship because he or she
fears that refusal to enter into the relationship will adversely
C. Examples of Sexual Harassment
affect his or her education or employment; that conflicts of
Sexual harassment may take different forms. Using a person's interest may arise when a faculty member, supervisor, or
response to a request for sexual favors as a basis for an other member of the University community is required to
academic or employment decision is one form of sexual evaluate the work or make personnel or academic decisions
harassment. Examples of this type of sexual harassment with respect to an individual with whom he or she is having
include, but are not limited to, the following: a romantic relationship; that students or employees may
perceive that a fellow student or co-worker who is involved
- requesting or demanding sexual favors in exchange for in a romantic relationship will receive an unfair advantage;
employment or academic opportunities (such as hiring, and that if the relationship ends in a way that is not
promotions, grades, or recommendations); amicable, either or both of the parties may wish to take
action to injure the other party.
- submitting unfair or inaccurate job or academic evaluations or
grades, or denying training, promotion, or access to any other Faculty members, supervisors, and other members of the
employment or academic opportunity, because sexual advances University community who have professional responsibility
have been rejected. for other individuals, accordingly, should be aware that any
romantic or sexual involvement with a student or employee
Other types of unwelcome conduct of a sexual nature can also for whom they have such a responsibility may raise
constitute sexual harassment, if sufficiently severe or pervasive questions as to the mutuality of the relationship and may
that the target does find, and a reasonable person would find,
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
76
lead to charges of sexual harassment. For the reasons stated Committee are available to receive complaints of sexual
above, such relationships are strongly discouraged. harassment from members of the college community,
explain the University complaint procedures, and refer
For purposes of this section, an individual has "professional individuals to appropriate resources. The names, titles,
responsibility" for another individual at the University if he or telephone numbers, and office locations of the Sexual
she performs functions including, but not limited to, teaching, Harassment Coordinator, Deputy Coordinator(s) or
counseling, grading, advising, evaluating, hiring, supervising, members of the Committee may be obtained in the college’s
or making decisions or recommendations that confer benefits Affirmative Action/Compliance and Diversity Office.
such as promotions, financial aid awards or other remuneration, Employees who are covered by collective bargaining
or that may impact upon other academic or employment agreements may use their contractual grievance procedures,
opportunities. within the time limits provided in those agreements, to
report allegations of sexual harassment.
E. Academic Freedom
Q. Who may make a complaint of sexual harassment?
This policy shall not be interpreted so as to constitute
interference with academic freedom. A. Any member of the college community may report
complaints of sexual harassment to the Sexual Harassment
F. False and Malicious Accusations Coordinator, a Deputy Coordinator or any member of the
Sexual Harassment Committee.
Members of the University community who make false and
malicious complaints of sexual harassment, as opposed to Q. Must sexual harassment complaints be made in writing?
complaints which, even if erroneous, are made in good faith,
will be subject to disciplinary action. A. No. Sexual harassment complaints may be made by
speaking to the Sexual Harassment Coordinator, a Deputy
G. Procedures Coordinator, or any member of the Sexual Harassment
Committee. The Coordinator or Deputy Coordinator, may,
The University has developed procedures to implement this however, request an individual to prepare a written
policy. The President of each constituent college of the statement setting forth the particulars of the complaint.
University, the Senior Vice Chancellor at the Central Office,
and the Dean of the Law School shall have ultimate Q. Are sexual harassment complaints kept confidential?
responsibility for overseeing compliance with this policy at his
or her respective unit of the University. In addition, each dean, A. It is not possible to guarantee absolute confidentiality.
director, department chairperson, executive officer, The privacy of persons who make complaints of sexual
administrator, or other person with supervisory responsibility harassment will be respected. Information obtained in
shall be required to report any complaint of sexual harassment connection with bringing, investigating, or resolving
to the individual or individuals designated in the procedures. complaints will be handled as confidentially as possible.
All members of the University community are required to
cooperate in any investigation of a sexual harassment Q. Are there time limits for reporting sexual harassment
complaint. complaints?
1. Campus Security: Room 117, Telephone: (718) 340-4271 Rape is defined as sexual intercourse, sodomy or oral
2. Counseling Center: Room 330E, Telephone: (718) 340- copulation accomplished against a person’s will:
4216 - Through use of force or fear.
3. Health Services: Room 330C1, Telephone: (718) 340-4554 - Whether the person is male or female.
4. Department of Student Affairs: Room 105C, Telephone: - When the person is prevented from resisting by alcohol or
(718) 340-4207 drugs administered by or with the knowledge of the
offender.
Off-campus resources: - When the person is unaware of the nature of the act.
5. Manhattan District Attorney, Sex Crimes Unit (212) 335-
9373 Most people think of rape as a sudden attack perpetrated by
6. Queens District Attorney, Sex Crimes Unit (718) 286-6505 a vicious stranger on a dark, deserted street. This is one
7. Bronx District Attorney, Crime Victims Assistance Unit form of rape. In fact, however, as many as eighty percent
(718) 590-2115; Domestic Violence Services (718) 590-2323 of all rapes are perpetrated by dates, colleagues or other
8. Brooklyn District Attorney, Sex Crimes Unit (718) 250- acquaintances. This is called date or acquaintance rape.
3170 Research shows that women in college are in much greater
9. Staten Island District Attorney, Sex Crimes Unit (718) 556- danger of date rape than assault by a stranger. Preventing
7130 date rape is very different from preventing stranger rape.
10. 212 COP-RAPE: The New York City Police Department Date rape may be prevented. Talk clearly about sexual
Sex Crimes Report Line, open 24 hours, is answered by a expectations with your date. Make it clear before you get
female detective at all times. It takes telephone reports of sex into a sexual situation what your limits are. If you mean no,
crimes, refers victims to counseling and other community say it clearly and firmly. Don’t go to a secluded place with
services, provides information on police procedures, etc. someone you’ve just met or don’t know well. Suggest
11. NYC Task Force Against Sexual Assault (212) 274-3210. meeting at public places. Drive your own car, use public
This service is open Monday to Friday, 9:00 a.m. through 5:00 transportation or have enough money for a taxi. Especially
p.m. and provides free literature and referrals to counseling. don’t go to your date’s apartment or invite him to yours if
12. NYC Victims Services Agency (212) 577-7777. This you are just getting to know him. Date rape occurs most
service is open 24 hours, seven days a week and provides crisis often in the rapist’s home. Beware of the impact of alcohol
intervention for crime victims. and other drugs on your judgment and that of your date.
13. The Gay and Lesbian Anti-Violence Project (212) 807- These drugs often play a role in sexual assault
0197 (24-hour hotline). This service is open 10:00 a.m. Beware of attitudes in a person whom you are thinking of
through 8:00 p.m. Monday through Thursday, and 10:00 a.m. dating which could signal the potential for sexual assault or
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
81
violence: hostility toward the opposite sex, jealousy, Finally, report all incidents of violence or harassment. Call
condescending or judgmental viewpoints about women, or 911 as soon after the incident as possible. If you saw the
unrealistic expectations. Don’t rely on a charming, pleasant perpetrator, try to remember his or her gender, age, height,
presentation in a man you’ve just met. Many date rape race, weight, build, clothes and other distinguishing
victims report that their assailant seemed “like a really nice characteristics.
person” at first. Get to know a person before you place your
trust in him or her. (6) The methods the college employs to advise and
update students about security procedures;
Observing general safety tips may help you to avoid becoming
the victim of sexual assault. Be alert to your surroundings, In addition to the Student Handbook and college website,
both inside and outside. Listen to and act upon your gut crime prevention pamphlets that include various safety tips
feelings and instincts. Notice people, the lighting, and access and encourage the reporting of crime on campus are
to phones and exits. Use elevators, stairs and rest rooms in prepared and distributed periodically to students. Speakers,
well-trafficked areas. Don’t study alone in an empty including law enforcement officials, are invited by the
classroom. Avoid deserted parking lots, empty laundry rooms administration and student groups to inform students about
and other poorly lit or poorly populated locations. When prevention of crime and personal safety. Campus Security
possible, walk with a friend instead of walking alone in also makes a presentation about prevention of crime and
secluded areas or at night. If you are on-campus, call security personal safety to incoming students at orientation.
for an escort. When riding the subways during less traveled Additionally, Campus Security meets with the Law
times of day, ride in the middle car with the conductor or the School’s Security Advisory Committee on a regular basis to
first car with the engineer. exchange information on recent events and security
concerns on campus. The Security Advisory Committee is
Carry a whistle and blow it for attention if necessary. If you made up of equal numbers of faculty, administrators, and
feel threatened while walking, cross the street, change student officers. This committee reviews current campus
direction or run to a place where there are other people. If a security policies and practices and makes recommendations
car is following you, turn around and walk quickly in the for their improvement.
opposite direction. Get the license plate number and a
description if possible. If you are being followed on foot, turn Sexual Harassment Committee
around to let the person know you have seen them and then
run to a place where a number of people will be. The Dean of the Law School has designated the following
persons to serve on the Law School Sexual Harassment
Always keep your apartment and car doors locked. If you live Committee. You may make a complaint of sexual
in an apartment with a fire escape outside a back window, you harassment to the Sexual Harassment Coordinator, the
should secure it with a fire department-approved gate, an Sexual Harassment Deputy Coordinator, or any member of
alarm, or some barrier system. A window lock is not enough. the Sexual Harassment Committee.
Always close your blinds/shades/curtains at night.
Ricardo Pla, Coordinator (718) 340-4267
If you are out and decide to bring someone home, introduce Raquel Gabriel, Deputy Coordinator (718) 340-4249
him or her to a friend, acquaintance or bartender so that
someone knows the person who left with you. When driving You may contact the Coordinator at (718) 340-4267,
a friend home, establish a signal that the friend is in the home Deputy Coordinator at (718) 340-4249, Dean’s Office (718)
and safe before you drive away. 340-4202, or Student Affairs Office (718) 340-4207 for a
complete current listing, including the names of any student
If a stranger is at your door, do not give the impression that members.
you are home alone. Shout over your shoulder, or indicate in
some way, that there is another person present. Never open Making a Complaint of Sexual Harassment
the door to strangers without verifying their identity by asking
for an identification tag. Do not give out personal information Any member of the University community may file a
over the phone or Internet. complaint of sexual harassment with, or report allegations
of sexual harassment to, the Sexual Harassment
Below are some additional and important New York State THE CITY UNIVERSITY OF NEW YORK POLICY
laws regarding the unlawful use of alcohol, tobacco and other AND PROHIBITION OF SMOKING
drugs:
- Appearing in public under the influence of narcotics or a Smoking is prohibited inside all facilities owned, leased, or
drug other than alcohol to the degree that he may endanger operated by The City University of New York.
himself or other persons or property, or annoy persons in his
vicinity is a violation, punishable by a fine and imprisonment .
up to 15 days. New York State Penal Law § 240.40
- Giving or selling an alcoholic beverage to a person less than
twenty-one years old is a class A misdemeanor punishable by
a sentence of imprisonment up to one year. New York State
Penal Law §260.20(2)
- Any person who operates a motor vehicle while intoxicated
or while his ability to operate such vehicle is impaired by the
consumption of alcohol or drugs, is subject to suspension or
revocation of driving privileges in the State, monetary fines up
to $1,000, and imprisonment up to one year. New York State
Vehicle Traffic Law § 1192
- Selling tobacco products to any person under the age of
eighteen is a class B misdemeanor and punishable by
imprisonment up to three months. New York State Penal Law,
§260.21(3)
University Sanctions
Students
Students are expected to comply with the standards of conduct
published and distributed by the college. Any student found in
violation of University policy may be subject to disciplinary
action. Sanctions may include admonition, warning, censure,
disciplinary probation, restitution, suspension, expulsion,
ejection and arrest by civil authorities. The Chief Student
Affairs Officer may take disciplinary action or recommend
that a student meet with a counselor for appropriate referral or
assistance through self-help organizations or other outside
intervention agencies. A member of the instructional staff may
refer any student who is experiencing difficulty with alcohol
or illicit drugs to any Student Affairs Officer or to an
appropriate Counseling and Advisement Center. Students
should be encouraged to seek assistance directly from the
available resources when necessary.
Employees
I & II Others (law does not Any •Not more than 20 years. •Not more than 30 years.
include marijuana, hashish, •If death or serious •If death or serious
or hash oil.) injury, not less than 20 injury, life.
years, not more than life. •Fine $2 million
Flunitrazepam 1 gm or more •Fine $1 million individual, $10 million
(Schedule IV) individual. $5 million other than individual.
other than individual.
III All (included in Schedule Any •Not more than 5 years. •Not more than 10 years.
III are anabolic steroids, •Fine not more than •Fine not more than
codeine, and hydrocodone $250,000 individual. $1 $500,000 individual, $2
with aspirin or Tylenol® million other than million other than
Flunitrazepam and some barbiturates). 30 to 999 mgs individual. individual.
(Schedule IV)
IV All (included in Schedule Any •Not more than 3 years. •Not more than 6 years.
IV are Darvon®, Telwin®, •Fine not more than •Fine not more than
Equanil®, Valium® and $250,000 individual, $1 $500,000 individual, $2
Xanax®). million other than million other than
Flunitrazepam Less than 30 mgs individual. individual.
(Schedule IV)
V All (over-the-counter Any •Not more than 1 year. •Not more than 2 years.
cough medicines with •Fine not more than •Fine not more than
codeine are classified in $100,000 individual, $200,000 individual,
Schedule V). $250,000 other than $500,000 other than
individual. individual.
! Any vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance will be forfeited to
the United States. 21 USC §881(a)(4)
The availability of counseling and other support services The nature of and common circumstances relating to bias
for the victims of bias related crime; related crime on college campuses;
Anyone who is a victim of a bias related crime is encouraged Hate crime laws are designed to send the message that hate
to seek counseling from a trained mental health professional. and bias motivated crimes will not be tolerated, because they
Experienced counselors, trained to assist with the are often attempts to silence and instill fear into entire
consequences of bias-related crime trauma, are on hand at the groups. Reporting hate related incidents helps survivors take
Law School’s to provide crisis intervention, in-office advantage of recovery services and enables our community
counseling, referral to other support services and self-help to build up statistics and patterns of crime, providing an
groups. The center can also refer victims to community based opportunity of catching offenders or preventing the violence
support groups and professional organizations. The Law altogether.
School will assist any student wishing to contact outside
agencies, including local police, regarding charges and The key criterion in determining whether or not any crime or
complaints of a bias related crime. The Law School can also incident fits into the definition of a hate or bias related crime
assist in changing academic schedules after an alleged is the motivation behind the incident. A hate or bias related
incident. crime is one that is motivated, at least in part, because of
someone’s bias or hatred of a person’s or group’s perceived
On-campus resources: race, religion, ethnicity, sexual orientation, or other
characteristic. Victims of hate and bias related crimes often
1. Campus Security: Room 117 (718) 340-4271 have intense feelings of vulnerability, anger, depression,
2. Counselor: Room 330E (718) 340-4216 physical ailments, learning problems, and difficult
3. Student Affairs: 105c (718) 340-4207 interpersonal relations. Hate crimes also have a psychological
and emotional impact that extends far beyond the victim.
Off-campus resources: Attacks motivated on the basis of bias against a person’s
beliefs, values or identity undermine freedom of expression,
1. New York City Police Department Detective Bureau; association, and assembly and tear at the pluralistic fabric of
Hate Crimes Task Force; 1 Police Plaza (646) 610-5267 our society.
2. Manhattan District Attorney, Community Affairs
Unit (212) 335-9082 Using slurs and epithets is a way of showing someone that
3. Queens District Attorney, Antibias Unit (718) 286- you believe he or she is less than human and undeserving of
7041 respect. Hate crimes are a way to send a message to members
4. Bronx District Attorney, (718) 590-2427; or (718) of certain groups or individuals that they are unwelcome in a
590-2715 particular neighborhood, community, school or workplace.
5. Brooklyn District Attorney, Community Affairs Unit Calling someone a name, refusing to rent an apartment, verbal
(718) 250-2241 threats, vandalism, abusive phone calls and Internet hate mail
6. Staten Island District Attorney, Special are all examples of hate crimes. The most common form of
Investigations/Bias Unit (718) 876-6300 or bias-motivated incidents on college campuses are demeaning
(718) 556-7167 jokes or harassing or threatening phone calls or e-mails.
However, bias-related physical attacks and vandalism do also
occur. You can make a difference by speaking out when
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
97
jokes or comments are made that are hateful or demeaning the door to strangers without verifying their identity by asking
and by asking yourself if you use derogatory, degrading or for an identification tag. Do not give out personal information
offensive terms in describing others. over the phone or Internet.
Observing general safety tips may help you to avoid Finally, report all incidents of violence or harassment.
becoming the victim of a hate or bias-related crime. Be alert Contact campus security or call 911 as soon after the incident
to your surroundings, both inside and outside. Listen to and as possible. If you saw the perpetrator, try to remember
act upon your feelings and instincts. Notice people, the gender, age, height, race, weight, build, clothes and other
lighting, and access to phones and exits. Use elevators, stairs distinguishing characteristics. If anything was said, such as
and restrooms in well-trafficked areas. Don’t study alone in anti-gay epithets or threats, make a mental note about them
an empty classroom. Avoid deserted parking lots, empty and write them down as soon as possible. If you want the
laundry rooms and other poorly lit or poorly populated crime to be reported as a hate or bias-related crime, tell the
locations. When possible, walk with a friend instead of officer to note that on the report. If the police to not assist
walking alone in secluded areas or at night. When riding the you properly, file a complaint and contact the Office of
subways during less traveled times of day, ride in the middle Student Affairs or the City information
car with the conductor or the first car with the engineer. number, 311.
Carry a whistle and blow it for attention when necessary. If The methods the college employs to advise and to update
you feel threatened while walking, cross the street, change students about security procedures.
direction or run to a place where there are other people. If a
car is following you, turn around and walk quickly in the In addition to the Student Handbook, crime prevention
opposite direction. Get the license plate number and a pamphlets that include various safety tips and encourage the
description if possible. If you are being followed on foot, turn reporting of crime on campus are prepared and distributed
around to let the person know you have seen them and then periodically to students. Speakers, including law enforcement
run to a place where a number of people will be. officials, are invited by the administration and student groups
to inform students about prevention of crime and personal
Always keep your apartment and car doors locked. If you live safety. Campus Security also makes a presentation about
in an apartment with a fire escape outside a back window, you prevention of crime and personal safety to incoming students
should secure it with a fire department approved gate, an at orientation. Additionally, Campus Security meets with the
alarm, or some barrier system. A window lock is not enough. College’s Advisory Committee on Campus Security on a
Always close your blinds/shades/curtains at night. If you regular basis to exchange information on recent events and
decide to bring someone home, introduce him or her to a security concerns on campus. The Security Advisory
friend, acquaintance or bartender so that someone knows who Committee is made up of equal numbers of faculty,
you left with. When driving a friend home, establish a signal administrators, and student officers. This committee reviews
that the friend is in the home and safe before you drive away. current campus security policies and practices and makes
If a stranger is at your door, do not give the impression that recommendations for their improvement.
you are home alone. Shout over your shoulder or indicate in
some way that there is another person present. Never open
CIRCULATION POLICIES
The CUNY School of Law Library is not a lending library. Our collections are for the use of members of the Law
School community and visitors. No library materials are permitted to leave the Law School building.
The library does, however, loan certain materials to members of the Law School community for use within the
building. The library has established circulation rules that define loan periods for different classes of library
materials. The goal of these rules is to facilitate access to library materials and to maximize convenience to library
users, within the context of finite library resources. In applying these rules, the library staff takes into consideration
the special and particular needs of all users.
LOAN PERIOD
Legal Periodicals
UNBOUND -NO- -NO-
-----------------------------------------------------BOUND --------------- ----------------------------
24 hours 3 weeks
-JILP
Under the JILP program, CUNY law students with a current validated
student ID have access to the law libraries at New York Law School and
Brooklyn Law School. However, CUNY law students cannot check out
books there, but CUNY Law Library can do an interlibrary loan of most
books.
Access for CUNY Law students and faculty to nearly all metropolitan
area law school libraries is facilitated by the use of “courtesy letters”
which we will provide upon request the next business day. There are
restrictions, set by the individual libraries. For example, NYU Law
Library will allow access only for specific research and Columbia Law
Library does not allow any access. Please note that access to other law
libraries is a privilege and not a right. If a student or faculty is allowed
access to other law libraries, she/he must follow the rules or policy of
that host institution.
*Audio recordings All of the library's audio holdings are listed in the CUNY OPAC catalog. Circulation Desk
Recordings are kept on reserve at the Circulation Desk.
*Book Orders The library will accept suggestions for new acquisitions to its collection Books for the library:
and will order new books, as appropriate. The library does not handle Julie Lim (ext.
personal orders, nor orders for books to be distributed in courses. 84259).
*Computer-assisted Interactive exercises on a wide variety of legal topics are available. For Jonathan Saxon (ext.
legal instruction more information, please see Jonathan Saxon. 84242)
(CALI)
*Computer Systems Except as listed in the Library Directory, all computer services—including Information
maintenance of equipment, training, and dissemination of software—are Technology Office
handled by the Information Technology Office. (ext. 84456)
Course books At least one copy of every course book is held on reserve at the Circulation Desk
Circulation Desk.
*Course reserve Faculty teaching courses may place books and other materials for their Circulation Desk
courses on reserve at the Circulation Desk. Patrons requesting such
materials should identify the name of the course when requesting these
materials.
CUNY OPAC The Library's card catalog has been automated on the CUNY OPAC Reference Librarians
Catalog system. All questions regarding the use of CUNY OPAC – including
reports of malfunctions – should be directed to the reference staff. CUNY
OPAC is also available on the law library web site. See "Internet
Access."
Donations The library gratefully accepts donations to its collections. Because all Julie Lim (ext.
donated materials may not be essential to or appropriate for our collection, 84259).
we reserve the right to discard or otherwise dispose of donated materials.
Examinations Previous selected course examinations are available in electronic format Circulation Desk
only. For instructions on how to access the exams file, please speak to a
staff member at the Circulation Desk.
Faculty Research The purpose of the program is to assist CUNY law faculty in their Julie Graves
Support research endeavors. A law librarian is assigned to provide research Krishnaswami (ext.
guidance to tenure-track and tenured law faculty. 84253) or Raquel
Gabriel (84249)
Government The law library is a selective depository of United States government Reference Librarians
Documents documents. The reference staff will assist all patrons in locating items
from this collection during scheduled reference hours.
Hornbooks All of the library’s current edition Hornbooks are held on reserve at the Circulation Desk
Circulation desk.
*These services are available only to the CUNY Law School Community.
*Inter-library loans The library staff will request books from other libraries on Kathy Williams (ext.
interlibrary loan, for appropriate law school educational purposes, 84265) or Circulation Desk
as time and resources permit. Patrons making loan requests should for request forms
be aware that it usually takes a few weeks to receive the requested
items. See also “Access to libraries.”
*Internet Access Internet access, including wireless, is available to current CUNY Information Technology
Law students, faculty, and staff. Students have access to it on the Dept. (ext. 84456) for
computers located in training labs 1 & 2 and via wireless. The law Internet access
library maintains its own web site, which contains links to legal and
non legal resources. The URL is http://www.law.cuny.edu/library/. Jonathan Saxon (ext. 84242)
for resources on the internet
LegalTrac & Index to LegalTrac & ILP are web-based indexes to legal journals, Reference Desk (ext.
Legal Periodicals (ILP) newspapers, and newsletters. They are very easy to use and are 84260)
located at the Electronic Resources Workstation behind the
reference area. All questions regarding its use—including reports
of malfunctions—should be directed to the reference staff.
Microforms All of the library's microform holdings are listed on the CUNY Circulation Desk
OPAC catalog. The microforms collection is open for use from
9:30 am to 4:00 pm. Library staff will retrieve requested
microforms for use on the reader-printers which are adjacent to the
microforms room.
Newsletters Current issues of legal newsletters are held on reserve at the Circulation Desk
Circulation Desk.
Newspapers Current issues are held on reserve at the Circulation Desk. Older Current issues: Circulation
issues are discarded. The most recent issues of newspapers are Older issues:
placed in the newspaper racks near the entrance of the Law Library. Microforms Dept.
Older issues of many legal newspapers are available on microform.
Nutshells At least one copy of most titles in the West Publishing Company's Circulation Desk
"Nutshell" series is held on reserve at the Circulation Desk.
Outlines/Study Aids Legal outlines and similar study aids are kept on reserve at the Circulation Desk
Circulation Desk.
*These services are available only to the CUNY Law School Community.
Photocopies There are photocopy machines in designated rooms on both library Service and repairs:
levels. All copiers accept copy cards that may be purchased from Circulation Desk.
vending units near the Security Desk. Library personnel are trained
to add paper and toner to the library photocopy machines and to
perform simple troubleshooting. Please report all malfunctions to
the Circulation Desk.
Reference Services The reference staff offers research assistance, primarily for the Reference Desk
CUNY Law School community, during scheduled hours. The staff
will also provide reference service to other library users, as time (ext. 84260)
and resources permit; however, the reference services does not
include extensive bibliographic instruction, training in legal
research methods, or legal advice of any kind.
*Routed periodicals As a current-awareness service, the library routs a variety of law- Ricardo Pla
related journals, newsletters and newspapers to faculty and staff. (ext. 84267)
*VHS/DVD All of the library's media holdings are listed in the CUNY OPAC Circulation Desk
catalog. Recordings are available on 3-hour loan from the
Circulation Desk. There is no overnight loan.
*These services are available only to the CUNY Law School Community
The City University of New York continues to Should any federal, state, or city law regulation be
recognize the important need to maintain at each adopted that prohibits discrimination based on grounds
campus equal access and opportunity for qualified or characteristics not included in this policy, this policy
students, faculty and staff from all ethnic and racial shall be read to prohibit discrimination based on those
groups and from both sexes. grounds or characteristics, as well.
It is the policy of The City University of New York and The President of each constituent college of the
the constituent colleges and units of The University to University, the Senior Vice Chancellor at the Central
recruit, employ, retain, promote, and provide benefits to Office, and the Dean of the Law School shall have
employees and to admit and provide services for ultimate responsibility for overseeing compliance with
students without regard to race, color, creed, national this Policy at his or her respective unit of the
origin, ethnicity, ancestry, religion, age, sex, sexual University.
orientation, gender identity, marital status, legally
registered domestic partnership status, disability, Discrimination Complaints
predisposing genetic characteristics, alienage,
citizenship, military or veteran status, or status as victim The City University of New York is committed to
of domestic violence. addressing discrimination complaints promptly,
consistently and fairly. There shall be an employment
Sexual harassment, a form of sex discrimination, is discrimination complaint procedure administered by
prohibited under the University's Policy Against Sexual each unit of the University. Students who believe they
Harassment. have been discriminated against in violation of this
Policy should bring their complaints to the Chief
The City University of New York, as a public university Student Affairs Officer for investigation by the officer
system, adheres to federal, state, and city laws and or his or her designee in accordance with this Policy.
regulations regarding non-discrimination and
affirmative action including, among others, Executive
Order 11246, as amended, the Civil Rights Law of
CUNY SCHOOL OF LAW STUDENT HANDBOOK • NINETEENTH EDITION
106
Retaliation against any member of the University
community who has made a complaint of discrimination
is prohibited.
107
STATEMENT OF NATIONAL ORIGINS, CLASSES, AND
NONDISCRIMINATION BELIEF SYSTEMS, WITHOUT REGARD
TO SEX OR SEXUAL ORIENTATION, OR
The City University of New York School of Law at TO AGE OR MARITAL OR PARENTAL
Queens College is an Equal Opportunity and STATUS. THIS COMMITMENT IS
Affirmative Action Institution. The School of Law does REFLECTED IN ALL THAT WE DO,
not discriminate on the basis of race, color, national or BEGINNING WITH OUR ADMISSIONS
ethnic origin, religion, age, sex, sexual orientation, POLICIES: WE LOOK AT THE WHOLE
transgender, disability, genetic predisposition or carrier APPLICANT IN ACCORDANCE WITH
status, alienage or citizenship, veteran or marital status THE BROAD AND INCLUSIVE CRITERIA
in its student admissions, employment, access to APPROVED BY THE BOARD OF
programs, and administration of educational policies. TRUSTEES OF THE CITY UNIVERSITY
OF NEW YORK.
Raquel Gabriel is the Law School’s Affirmative Action
Officer and coordinator for the Age Discrimination Act We are all very serious about abiding by this policy. To
which prohibits age discrimination in federally-assisted that end, we foster an exchange of views and ideas that
education programs. Her office is located in the library may often be impassioned, but should never be hostile
of the Law School (Room 130G) and her telephone or disrespectful. We believe this attitude to be critical to
number is (718) 340-4249. the most professional practice of law, as well as to the
productive functioning of our Law School.
Interim Assistant Dean Angela Burton is the
coordinator for Title IX, which prohibits sex In the event any member of the community experiences
discrimination in federally-assisted education programs. or witnesses behavior that violates this policy, he/she
Her office is located on the first floor of the Law School should immediately report the incident to the Office of
(Room 105C) and her telephone number is (718) 340- Student Affairs. There is a procedure in place to handle
4179. such violations and all reports will be investigated
thoroughly so that appropriate action may be taken.
Patricia Kennedy is the coordinator of the Law School’s
Americans with Disabilities Act and Section 504, which The Law School and the Public Safety Department
prohibit discrimination on the basis of disability. Her respect the rights and dignity of every student without
office is located on the first floor of the Law School, regard to race, ethnicity, nationality, religion, sexual
Room 105E and her telephone number is (718) 340- orientation, disability, sex, or gender identification. The
4380. Law School abides by the principle of non-
discrimination. In terms of gender identification, we
provide two gender neutral, single occupancy
POLICY ON DIVERSITY bathrooms on each floor. Additionally, individuals have
the right to use multi-stall bathrooms consistent with
The Law School is a public institution, committed to their own gender identity. They also have the right to
fostering respect for the rich diversity of our be free from harassment, exclusion, or other bias.
community, our city, our state, our nation, and, indeed, Questions about these procedures should be referred to
the world. To that end, the following policy has been the Sexual Harassment and Workplace Violence
adopted by the Law School: Committee.
108
GOVERNING BODIES
C. TITLES AND DEFINITIONS
GOVERNANCE PLAN THE CITY 1. The Board or Board of Trustees means the Board of
UNIVERSITY OF NEW YORK SCHOOL Trustees of The City University of New York.
OF LAW AT QUEENS COLLEGE
2. The authorization and definition of titles for faculty,
I. INTRODUCTION permanent Instructional staff, other instructional staff,
and classified (non-instructional) staff at the Law
A. PURPOSES School shall include only those titles authorized and
defined in the Bylaws of the Board of Trustees.
1. The central purpose of The City University School of
Law at Queens College (the “Law School”) is to create 3. Notices of reappointment at the Law School shall be
an educational program that will train students for the handled in accordance with the Bylaws of the Board.
practice of law in the service of human needs and honor
students’ aspirations toward building a legal career that 4. The term “administrative staff” or “administrators”
reflects their commitment toward justice, fairness, and shall mean full-time members of the instructional staff
equality. The organization of work and life at the Law within the meaning of Section 6.1 of the Board of
School is designed to encourage students to think Trustees’ Bylaws who are not members of the faculty.
actively about their life choices, their evolving concept
of professionalism, and the content and processes of the 5. The term “support staff” refers to persons, other than
law itself, in ways that foster their capacity to practice students enrolled at the Law School, who are working
law in a socially useful manner. full-time at the School, or who have worked part-time,
at least 10 hours per week, at the School for at least six
2. This Governance Plan is intended to provide a months, and are not members of the instructional staff.
governance system for the Law School that facilitates
the realization of this commitment. This Governance II. THE DEAN
Plan should be read consistent with the Bylaws of the
Board of Trustees of The City University of New York, A. AUTHORITY OF THE DEAN
and nothing in this Plan should be read as inconsistent
with the Bylaws of the Board of Trustees unless 1. The Dean of The City University School of Law at
specifically so stated in this Governance Plan. The Queens College shall be the chief educational and
procedures that follow seek to encourage a spirit of administrative officer of the Law School. The Dean of
relationship, trust, and community that operates within a the Law School shall be a member of the CUNY
framework of rules. The rules are designed to provide a Council of Presidents and shall have, subject to the
framework within which people motivated by a sense of provisions and exceptions contained in this Governance
shared mission can operate in a manner that encourages Plan, the duties and responsibilities of a college
responsibility and participation by all members of the president as stated in Section 11.4 of the Board of
Law School community. Trustees Bylaws and other policies and resolutions of
the Board. The Dean of the Law School shall have,
3. In order to serve these ends, a governance system subject to the provisions and exceptions contained in
needs to respect both democratic modes of participation this Governance Plan, all of the rights and
and an institutional authority that enables the Law responsibilities of a president relative to all collective
School to maintain a coherent and coordinated bargaining agreements, rules and regulations of CUNY
expression of its purpose. Classified Service and all other policies and procedures
issued by the City University of New York.
B. STATUS WITHIN THE CITY UNIVERSITY
2. The Dean may be removed by the Board upon the
1. The City University School of Law at Queens recommendation of the Chancellor after consultation
College is a unit of The City University of New York with the faculty of the Law School. The Dean of the
(“The City University”). The Law School is a Law School shall be a tenured member of the Law
constituent element, similar to a college of The City faculty.
University and shall have ties to all institutions within
The City University. 3. The Dean of the Law School shall exercise all the
responsibilities customarily exercised by law school
109
deans. He/she shall consult with and report to the l. to appoint such ad hoc and/or special committees as
Chancellor. He/she shall have the affirmative appropriate.
responsibility for developing the academic program, B. APPOINTMENT AND REAPPOINTMENT OF
enhancing the educational standards and assuring the THE DEAN
academic excellence of the Law School. Such
responsibility shall include but not be limited to the 1. When a vacancy occurs or is expected in the office of
following duties: the Dean of the Law School, a Search Committee shall
be established under the Board guidelines for
a. to recommend, as stated in this Governance Plan, the Presidential searches.
appointment, promotion, and tenure of persons who will
contribute to the improvement of the Law School 2. A committee which will be constituted in the same
program. These recommendations shall be consistent fashion as a Presidential Review Committee will be
with the immediate and long-range objectives of the appointed at the beginning of every fifth year of a
Law School; Dean’s term to serve as a Review Committee to review
the Dean’s performance. This committee will make a
b. to advise the Chancellor and the Board of Trustees on report to the Chancellor.
matters concerning the program of the Law School;
III. THE FACULTY
c. to provide advice concerning other law-related
programs within The City University and to make A. ORGANIZATION AND DUTIES
recommendations on the development and operation of
such programs; 1. The faculty of the Law School will meet monthly,
during the academic year, on the dates set forth in a
d. to supervise and manage the work of the Law School calendar distributed at the start of each semester by the
faculty and employees, and to carry into effect the Dean. The faculty shall also meet on call of the Dean or
Bylaws, resolutions and policies of the Board of upon the petition of 1/3 of the faculty, and the Dean will
Trustees; preside at its meetings. Within general policies
established by the Board of Trustees, through its
e. to prepare and implement a long-range plan for the Bylaws, resolutions, policies, rules, regulations, and this
Law School; Governance Plan, the Dean and Faculty of the Law
School shall have the responsibility for formulating and
f. to act as chairperson of the faculty of the Law School administering the program of the School including such
and the Law School Committee on Personnel and matters as faculty selection, retention, promotion and
Budget; tenure; curriculum; methods of instruction; admission
policies; and academic standards of retention,
g. to review and recommend to the Chancellor and other advancement and graduation of students.
appropriate officials the actions of the Law School
faculty on matters of curriculum and other matters 2. The presence of a majority of the voting faculty shall
falling under faculty jurisdiction; constitute a quorum. A quorum shall be necessary for
the transaction of any business. Business shall be
h. to consult with appropriate faculty committees on conducted in accordance with Robert’s Rules of Order,
matters of appointments, reappointments, and latest edition. Minutes shall be kept of all meetings. The
promotions, taking systemic student evaluations into faculty may adopt such additional procedures for the
account; discharge of its responsibilities under this Governance
Plan, as it may deem necessary, subject to the approval
i. to develop Law School activities that enhance the of the Dean.
Law School’s involvement and reputation in the legal
community; 3. The agenda for the regular monthly faculty meeting
shall be proposed by the Dean and distributed to the
j. to develop integrated courses of study with law- faculty within a reasonable time prior to the meeting.
related disciplines; Any member of the faculty may add items to New
Business. The proposed agenda shall be adopted by the
k. to prepare and present an annual Law School budget faculty, by a vote of a majority of those present if a
to the Chancellor; quorum is present, at the beginning of each faculty
meeting and may be amended by the faculty by the
110
same vote prior to its adoption. Once adopted the appoint other committees, when needed, to review
agenda may be amended in any manner by a 2/3 vote. faculty candidates and to develop reports, make factual
findings, and make recommendations to the P & B on
4. A faculty member who misses three regular faculty reappointment, tenure, and/or promotion. Upon
meetings during an academic year shall not be entitled receiving these reports and the factual record underlying
to vote nor be counted towards a quorum at all faculty them, the P & B shall make an independent assessment
meetings for the remainder of the academic year in and recommendation to the Dean. These other
which the third absence occurs. Faculty members facing committees shall review candidates’ qualifications
the loss of voting rights may appeal to the remaining under the policies and standards of the City University
voting faculty for a waiver of this rule by providing of New York as set forth in the Bylaws, personnel
good and sufficient reasons. The waiver shall be granted policies, and resolutions of the Board of Trustees of the
if 2/3 of faculty present at a faculty meeting vote to City University of New York. It shall recommend
approve the waiver. action thereon to the Dean. The Dean of the Law School
will be one of the five members of the Law School
5. The student government is authorized to elect three Personnel and Budget Committee and shall serve as
students, one from each class, who must be in good Chair.
standing, to serve as ex-officio members of the faculty
for the purpose of faculty meetings. The student 2. Faculty Search Committees and Faculty
government is also authorized to elect students in good Appointments
standing to be the student members of faculty
committees, except where otherwise specified by this The Dean, in consultation with the Personnel and
Governance Plan or the Bylaws or resolutions of the Budget Committee, shall establish such Faculty Search
Board of Trustees. All elected students must remain in Committees as are appropriate. All Faculty Search
good standing to retain their seats on committees or in Committees shall adopt and follow appropriate
student government; all serve for a one-year term and procedures in order to assure compliance with The City
may be reelected. No student may serve in more than University Affirmative Action policies and procedures.
two elected positions under this Governance Plan, The Dean shall appoint a student member to each
including student government, at a time. When a Search Committee.
vacancy occurs, the student government may fill the
vacant seat for the remainder of the term. b. A Faculty Search Committee shall report its
recommendations to the faculty for discussion and then
B. FACULTY COMMITTEES to the Dean. The Dean shall review the
recommendations and make his or her own
The Faculty committees shall be those specified below recommendation regarding each faculty appointment to
and shall also include any additional committees created the Personnel and Budget Committee.
from time to time by action of the Faculty or the Dean.
c. The Personnel and Budget Committee shall review
1. The Personnel and Budget Committee the recommendations of the Dean, consult with the full-
time tenured and tenure-track faculty, and shall make its
a. The Law School shall establish a Personnel and own recommendation regarding each faculty
Budget Committee which shall be composed of five appointment to the Dean.
persons. Members of the Personnel and Budget
Committee shall be Law School faculty members d. The Dean shall review the recommendations of the
elected in accordance with the Bylaws and written Personnel and Budget Committee and shall recommend
policies of the Board of Trustees and one second or to the Chancellor for appointment, only those persons
third year student elected by the students as a non- who he/she is reasonably certain will contribute to the
voting member. The manner of constituting the improvement of the academic excellence of the Law
committee, and the procedure to be followed by it, shall School.
be subject to the approval of the Dean of the Law
School. This committee shall review all e. The Chancellor will review the Dean’s
recommendations for appointment and reappointment, recommendations in accordance with Section C of this
with or without tenure, to the faculty, and promotion in Article.
rank, special salary increases and increments, and
applications for fellowship and other leaves. 3. Faculty Reappointment, Promotion, and Tenure
Additionally, the Committee on Committees may Review Procedures
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admission until the granting of the Juris Doctor. The
a. The Personnel and Budget Committee and all other Committee will receive and act upon student appeals
committees charged with the review of faculty shall relating to academic matters.
review all candidates’ qualifications under the policies
and standards of The City University as set forth in the 6. The Curriculum Committee
Bylaws, personnel policies, and resolutions of the Board
of Trustees of The City University of New York. a. The Curriculum Committee shall be composed of not
fewer than four faculty and three student members. The
b. The Dean shall review the affirmative term of all faculty members shall be two years.
recommendation(s) of the Personnel and Budget
Committee and shall recommend to the Chancellor for b. The Curriculum Committee shall have authority to
reappointment, promotion, and tenure only those consider all proposals to review, modify, or develop the
persons who he/she is reasonably certain will contribute course of study for each of the three years, and all
to the improvement of the academic excellence at the proposals relating to the educational program;
Law School. including, but not limited to, evaluation of student work
and scheduling.
c. The Chancellor shall review the Dean’s affirmative
recommendations in accordance with Section C of this 7. Committee on Committees
Article.
a. A Committee on Committees shall be constituted
4. The Admissions & Admissions Policy Committee each year, consisting of the Dean, two faculty members
elected by the faculty, one student elected by the student
The Admissions & Admissions Policy Committee shall government and one staff member elected by the
include the Assistant Dean for Enrollment Management administrative and support staff.
and Director of Admissions, not fewer than three
faculty, and two students who are members of the b. The Committee shall recommend, except with respect
second or third year classes. Faculty appointments shall to committees that consider personnel matters or where
be for a term of two years. specified in this Governance Plan or the Bylaws of the
Board of Trustees, how many, if any, members of the
a. The Admissions & Admissions Policy Committee faculty, administrative staff, and support staff shall be
shall review individual candidates for admission and nominated to each committee. The Committee shall also
recommend admissions policy, subject to the approval propose nominations for membership and chair for each
of the faculty, the Dean and the Chancellor. committee that shall be submitted to the faculty for
election, substitution or addition. Except where the
b. No applicant may be admitted by the Law School Board of Trustee Bylaws or resolutions are to the
except on the affirmative vote of the Admissions & contrary, the normal term of office for faculty members
Admissions Policy Committee. The Committee shall on committees shall be two years and for students, one
follow procedures that have been approved by the year. Committee members may be reelected unless the
faculty and the Dean. charge of the committee or rules of the Board of
Trustees limits a member's term.
5. Scholastic Standards and Academic Standing
Committee C. APPOINTMENTS AND REAPPOINTMENTS TO,
AND PROMOTIONS WITHIN, THE
a. The membership of the Scholastic Standards and INSTRUCTIONAL STAFF PROCEDURE
Academic Standing Committee shall include an
Associate Dean, who shall chair the Committee, not 1. All appointments and reappointments, including
fewer than four faculty members and two third-year reappointments with tenure, to, and promotions within
students. the instructional staff, except where otherwise provided,
shall be recommended to the Dean who shall review the
b. The Committee shall review policies and procedures recommendations and recommend to the Chancellor
concerning scholastic standards and assist in the only those persons who he/she is reasonably certain will
development of academic support systems for students. contribute to the academic excellence of the Law
School.
c. The Committee shall apply the academic standards of
the Law School to individual students from the time of
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2. The Chancellor shall review the Dean’s affirmative
recommendations and shall recommend to the Board of Evaluation of the work of persons on the administrative
Trustees for appointment, reappointment, promotion staff is ultimately the responsibility of the Dean. The
and/or tenure only those persons who he/she is Dean, in consultation with the Administrative Screening
reasonably certain will contribute to the improvement of and Review Committee as outlined in Section A above,
the academic excellence at the Law School. may recommend for appointment or reappointment
persons holding such titles in accordance with
established University procedures.
D. APPEALS C. APPOINTMENT OF PERSONS HOLDING
PROFESSORIAL TITLES TO ADMINISTRATIVE
1. A Faculty member may appeal a negative decision of DUTIES OTHER THAN THOSE IN EXECUTIVE
the Personnel and Budget Committee regarding his or PAY PLAN TITLES
her candidacy to the Dean, who shall consider, decide
and notify the candidate regarding the appeal. 1. The Administrative Screening and Review
Committee of the Law School may recommend to the
IV. APPOINTMENT AND REAPPOINTMENT OF Dean that an administrative position be filled by an
EXECUTIVES AND ADMINISTRATORS individual whose title is law school instructor, law
school assistant professor, law school associate
A. INITIAL PROCESS FOR APPOINTMENT AND professor, law school professor, or law school lecturer.
REAPPOINTMENT OF ADMINISTRATORS OTHER Such recommendation may, but need not, include a
THAN THOSE IN EXECUTIVE PAY PLAN TITLES recommendation that the person receive a change in
remuneration for work in that title.
1. Proposed appointments, other than acting or
substitute appointments, to positions on the 2. If the Dean concurs with their recommendation
administrative staff shall be reviewed initially, after a he/she may make such a recommendation to the
search, by the Dean. Chancellor in accordance with the procedures for
appointments to the instructional staff.
There shall be an Administrative Screening and Review
Committee. The Dean shall make his/her D. APPEALS
recommendations to the Administrative Screening and
Review Committee. The members of the Administrative 1. An administrator may appeal a negative decision of
Screening and Review Committee shall be appointed by the Administrative Screening and Review Committee
the Dean and shall consist of no fewer than three regarding his or her candidacy to the Dean, who shall
members, at least one of whom must hold a professorial consider, decide, and notify the candidate regarding the
appointment, and a majority of whom must be appeal.
administrators. An Associate Dean shall chair the
Administrative Screening and Review Committee. V. BOARD OF VISITORS
2. The Committee will review proposed appointments A. There shall be a Board of Visitors for The City
and reappointments, and proposed title and salary University School of Law at Queens College appointed
recommendations, for administrative positions to assure by the Chancellor. The Board of Visitors shall be made
that the applicable University standards have been met up of distinguished jurists, lawyers, scholars, and other
and that rates of pay for members of the Law School interested persons. Its role will be to advise the Law
administrative staff take into account comparable rates School about its academic program, its role in the
at metropolitan area law schools and other institutions community, placement of graduates and the like. It shall
in The City University and, to the extent practicable, are assist the Dean, the Chancellor and the Board of
commensurate for those with comparable tasks and Trustees in all aspects of the Law School’s development
comparable experiences within The City University. efforts. It shall serve as a liaison between the Law
The Committee shall make its recommendation to the School, the legal profession, and the public and private
Dean. The Dean shall review those recommendations in groups which are served by the legal profession and
making his/her own recommendation to the Chancellor participate in the legal process.
for appointment or reappointment.
B. Members of the Board of Visitors will be appointed
B. EVALUATION OF ADMINISTRATORS OTHER for three-year terms upon the recommendation of the
THAN THOSE IN EXECUTIVE PAY PLAN TITLES
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Dean of the Law School, with the concurrence of the
Chancellor.
VI. AMENDMENTS
A. AMENDMENT PROCEDURE
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CUNY SCHOOL OF LAW STUDENT order to facilitate the commencement and/or
GOVERNMENT CONSTITUTION continuation of activities which are in accordance with
the purposes of the SG, including activities of
PREAMBLE investigation and activities intended to further policies
adopted by the SG.
We, the students of the CUNY School of Law, affirm
that we have power to effect change within our C. Appearance requests
community. Our history of struggle reveals that
individual, group, and class concerns impact us all and The SG may hold hearings and issue requests for
thus ought to be the concern of all; therefore, we shall individuals to appear at any of its Sessions or hearings
create an environment that supports, respects, and for the purpose of obtaining information or performing
thrives on the differences among us. We also affirm that oversight functions relevant to its purposes.
the protection of our rights and freedoms as students
requires an organized, active, and unified Student ARTICLE IV | MEMBERSHIP
Government; therefore, we charge our Government with
the duty to provide an inclusive forum to actively A. Standing for Membership
address students’ needs and concerns and with the duty
to maintain an engaged, informed and supportive law Any matriculated student, registered at the CUNY
student community, which will, by its example, School of Law, is eligible to run for a seat on the SG as
reverberate throughout the larger legal community. a Member of the SG.
The name of this organization shall be the Student Eight members from each class shall be elected from the
Government of the CUNY School of Law, hereinafter student body at large during the annual General
referred to as the SG. Election.
The purposes of the SG shall be: 1. Each member shall have the power to cast one
(1) To provide a forum for discussion of matters vote for each vote called during any and all Sessions at
affecting the student body as a whole; which they are present, unless that Member is either
(2) To be an independent mechanism for unified chairing the session or is the subject of a current
student action and unified student voice in areas of impeachment proceeding.
academics, government, political and social concerns; 2. The presiding officer of any Session shall
and refrain from voting except in the event of a tie among
(3) To coordinate and facilitate the process for the other members present at that Session.
selection of student representatives in the CUNY
School of Law’s governance system. D. Responsibilities of Members
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with others only upon the express consent of the
member in question. All Officers shall be duly elected Members of the SG.
In the event that a member reasonably anticipates not
attending any General or Special Session, that member C. Vacancies
shall notify the Whip as soon as possible of his or her
anticipated absence, providing an explanation for the In the event of an Officer’s resignation or removal, the
anticipated absence that is sufficiently detailed such that remaining Officers of SG shall call a Special Election
the Whip will be able to determine whether the absence within two weeks of the representative’s resignation or
should be deemed excused or unexcused. removal by impeachment. The Special Election shall
In the event that a member fails to attend any General or then be held during the Session immediately following
Special Session, that member shall, on his or her own the call for a Special Election.
initiative, contact the Whip within one day following
the absence. If he or she has not already done so, the D. Responsibilities
member shall provide the Whip with an explanation for
the absence that is sufficiently detailed such that the 1. The President
Whip will be able to determine whether the absence
should be deemed excused or unexcused. a. Within two weeks after his or her election, the
President shall propose and, upon majority approval by
E. Filling Member vacancies the other Members of the Steering Committee, schedule
at least six General Sessions for each semester of the
1. If at any time a Member resigns or is removed, academic year.
that Member’s seat shall be declared vacant and shall be b. Agenda. The President, in consultation with
offered to the candidate who in the most recent SG the Members of the Steering Committee, shall set the
General Election received the most votes from among Agenda for every Session.
the remaining candidates of that Member’s class. If c. Sessions. The President shall preside at all
such candidate declines to fill the vacant seat, the seat Sessions unless either absent, subject to a current
shall then be offered to the candidate with the second impeachment proceeding, or otherwise disabled from
most votes from among the remaining candidates of that presiding. In presiding over the Sessions, the President
class, and so on in descending order, until either the shall strive to ensure constructive deliberation, the
vacant position has been filled by an acceptance or the efficient use of time, and effective decision-making
list of the remaining candidates has been exhausted. among the Members.
2. In the event that the list of the remaining d. Oversight of all SG functions. The President
candidates has been exhausted, the SG shall hold a shall be the individual primarily responsible for the
Special Election in order to fill the vacant seat. The oversight and coordination of all of the standing
Special Election shall be put to the student body at large activities of the SG.
and governed by the same rules as the General Election e. Student Liaison to Administration and other
held by the Office of Student Affairs. Any student from entities. The President shall be responsible for acting as
the class of the member whose seat has been vacated the chief liaison of the student body to the
may run for the vacated seat. The winner of the Special administration, faculty, staff, and relevant individuals
Election shall be entitled to hold the vacant position for and organizations outside the law school community,
the rest of the academic year. and to that end shall be responsible at all times for
making good faith efforts to be both informed about and
ARTICLE V | OFFICERS representative of students’ interests, positions, and
concerns.
A. Types f. Deans’ Forums. The President shall preside at
and set the agenda for all Deans’ Forums.
There shall be four Officers who altogether shall g. To the extent necessary to discharge all of his
comprise the Executive Membership of the SG: or her responsibilities, the President may delegate a
lesser portion of the responsibilities of the Office of the
(1) the President; President to the Vice President; provided, however, that
(2) the Vice President; such delegation does not impede the Vice President
(3) the Secretary; and from discharging the responsibilities or the Office of the
(4) the Whip. Vice President.
h. Advice. If requested by the incoming
B. Qualifications President, the outgoing President shall provide
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instruction and other advice to the incoming President the incoming Secretary on the responsibilities of the
on the responsibilities of the office for a reasonable office for a reasonable period of time.
period of time. e. The Secretary shall temporarily assume the
responsibilities of the Vice President should the office
2. The Vice President become vacant or in the Vice President’s absence.
a. The Vice President shall attend and stand ready 4. The Whip
to preside at all properly convened meetings, including
but not limited to General Sessions, Special Sessions, a. Attendance. The Whip shall be responsible for
Emergency Sessions, and Deans’ Forums. taking attendance at each Session.
b. The Vice President shall assume the b. Session Reminders. The Whip shall email to
responsibilities of the President should that office all Members of the SG reminders of each upcoming
become vacant or in the President’s absence. General or Special Session two days before that Session
c. Committees point person. The Vice President is to take place.
shall be responsible for informing the SG General Body c. Follow-up on absences. The Whip shall
of the activities of both the internal committees and the contact, by phone and/or email, any and all Members
external committees. who were absent at the most recent Session within two
d. In the event that the Secretary is not present at days of the absence. The Whip shall ask any and all
a properly convened meeting, the Vice President shall such Members to give a reason for his or her absence
prepare minutes for that meeting; provided, however, for the purpose of determining whether the absence was
that if the Vice President is presiding at the meeting in excused or unexcused. The Whip shall record the
question, then the Whip shall be held responsible for reason(s) given by such Member(s) and submit such
preparing the minutes. records to the Secretary.
e. Appointment of replacement Chairs. In the d. Excused and unexcused absences. The Whip
event that a Chair fails to submit two reports to the shall be authorized to determine whether the absence of
Whip in accordance with the requirements of Article III, any Member at any and all General and Special Session
the Vice President shall appoint another member of that is an excused absence or an unexcused absence. The
Committee to be Chair. Whip shall be the sole Member authorized to determine
f. If requested by the incoming Vice President, whether a given absence falls within one of the
the outgoing Vice President shall provide instruction following categories of excused absences:
and other advice to the incoming Vice President on the (1) Emergency illness;
responsibilities of the office for a reasonable period of (2) Conflict due to work or class;
time. (3) Conflict due to attendance at an external
Committee meeting; or
3. The Secretary (4) Religious holiday or personal emergency.
e. Compiling reports of Chairs. The Whip shall
Agenda. The Secretary shall distribute the Agenda for compile the status reports from the Chairs of all SG
each Session to all Members by email no later than Standing Committees and present them to the President
twenty-four hours prior to that Session. and Vice President within one day following the receipt
Minutes. The Secretary shall attend and prepare minutes of the reports from the Chairs. In the event that a Chair
for all properly convened meetings, including but not fails to provide a report to the Whip in accordance with
limited to General Sessions, Special Sessions, the requirements of Article III, the Whip shall contact
Emergency Sessions, and Deans’ Forums. the Chair and remind that Chair to submit a report
Compilation of records. The Secretary shall be immediately.
responsible for compiling in orderly fashion all minutes,
agendas, legislative documents, official SG ARTICLE VI | COMMITTEES
communications, and other similar documents, which
were either created or modified during the Secretary’s A. Categories
term. All documents shall be promptly archived and
released as required by the Office and Records 1. Internal committees. For the purposes of this
Management Committee and by the Communications Constitution, “internal” committees means:
Committee, respectively.
If requested by the incoming Secretary, the outgoing (a) all of the SG Standing Committees;
Secretary shall provide instruction and other advice to (b) the SG Steering Committee; and
(c) any ad hoc committees created by the SG.
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The Office and Records Management Committee shall
2. External committees. For the purposes of this have jurisdiction over the design and implementation of
Constitution, an “external” committee means any such Rules and other protocols governing the use of the
committee in the Law School’s governance system SG office space, the SG bulletin boards, and SG records
which was not created by the SG and on which as are necessary to ensure the maintenance of an office
committee at least one seat is reserved for a student which promotes the transparency, accessibility,
representative. efficiency, and overall effectiveness of SG.
B. SG Standing Committees
ii. Enumerated responsibilities
1. Types The Office and Records Management Committee shall:
There shall be six SG Standing Committees: A. Promulgate Rules governing the use and
maintenance of the SG office space, the SG bulletin
(a) The Budget and Finance Committee; boards, and SG records;
(b) The Office and Records Management Committee; B. Ensure the physical maintenance of an orderly
(c) The Communications Committee; SG Office, and to that end also remind students and
(d) The Polling Committee; students organizations to remove items stored in the SG
(e) The Academic Affairs Committee; and office after a period of time in accordance with the
(f) The CUNITY Committee. Rules which have been promulgated by this Committee;
and
2. Jurisdiction and enumerated responsibilities C. Archive all SG documents in a prompt,
orderly, and accurate fashion.
a. The Budget and Finance Committee
c. The Communications Committee
i. Jurisdiction
i. Jurisdiction
The Budget and Finance Committee shall have
jurisdiction over the design and implementation of such The Communications Committee shall have jurisdiction
Rules and other protocols on the SG’s budget and over the design and implementation of such Rules and
finances as are necessary to ensure both the adequate other protocols governing SG communications as are
funding of the SG and the prudent use of SG funds. necessary to ensure that the student body is adequately
informed of the SG’s activities and goals.
ii. Enumerated responsibilities
ii. Enumerated responsibilities
The Budget and Finance Committee shall:
The Communications Committee shall:
A. Propose an SG budget within two weeks after
notification of the Law School Association’s tentative A. Ensure timely maintenance of the website;
budget allocations and submit the proposed budget to B. Ensure the prompt and accurate release of SG
the SG General Body for approval by majority vote; public documents to the student body at large and/or the
B. Promulgate Rules governing the use of SG school community as a whole; and
funds; C. Lead initiatives to utilize the unique resources
C. Maintain accurate and orderly records of all of the SG website and any other web-based
expenditures and receipts by the SG; communications.
D. Be responsible for overseeing any SG
fundraising initiatives; and d. The Polling Committee
E. Draft the SG’s budget proposal to the LSA for
the upcoming academic year. i. Jurisdiction
b. The Office and Records Management The Polling Committee shall have jurisdiction over the
Committee design and implementation of such Rules and other
protocols governing all polls conducted by the SG as
i. Jurisdiction are necessary to ensure that the SG is adequately
informed of the needs and interests of the student body.
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ii. Enumerated responsibilities A. Organize student forums on issues and
problems significantly affecting the student body;
The Communications Committee shall: B. Plan and execute the End of the Year party;
C. Work with different members of the school
A. Design, in consultation with the officers and community, including leaders of student organizations,
chairs of the Standing Committees, polls which are faculty members, and administrators, on the resolution
pertinent and relevant to the student body, and which of conflicts within the community and organize events
have the intent or effect of keeping the student body or actions designed to help resolve such conflicts.
informed about current events and promoting collective
student action on issues or events with significant 3. Chairs
impact on the community; a. Qualifications
B. Conduct these polls in an efficient,
accountable, and reliable manner; and i. Each Standing Committee shall be chaired by a
C. Work together with the Officers to develop Member of the SG.
protocols for releasing the results of these polls. ii. The Budget and Finance Committee shall be
chaired by the President.
e. The Academic Affairs Committee iii. The Communications Committee shall be
chaired by the Vice President.
i. Jurisdiction iv. The Office and Records Management
Committee shall be chaired by the Secretary.
The Academic Affairs Committee shall have
jurisdiction over the design and implementation of such b. Appointments
Rules and other protocols governing the measures taken
by the SG to address issues pertaining to the academic The President shall nominate, and the SG General Body
life of students at the Law School. shall approve by simple majority at a Session, the
Chairs of the Polling, Academic Affairs, and CUNITY
ii. Enumerated responsibilities Committees.
A. Be responsible for soliciting and recording i. Selection of other Committee members. Each
concerns, problems, and other comments from the Chair shall be responsible for recruiting and selecting
student body on matters of academic policy, teaching other students to serve on the Standing Committee of
quality, curriculum, and other matters pertaining to which he or she is Chair. The total number of members
academic life at the Law School; of any given Standing Committee shall be proposed by
B. Recommend any measures that it believes the the Chair of that Committee and shall take effect unless
SG should take on particular matters within its overruled by a majority of SG Members at a Session. In
jurisdiction. all cases, however, the total number of members of any
Standing Committee shall be large enough to ensure the
f. The CUNITY Committee fulfillment of the enumerated responsibilities of that
Committee. The non-Chair members of the SG Standing
i. Jurisdiction Committee need not be Members of the SG; however,
in the event that both Members of the SG and students
The CUNITY Committee shall have jurisdiction over who are not SG Members are willing to serve on the
the design and implementation of such Rules and other Committee and the Chair must choose some individuals
protocols as are necessary to ensure the protection and over others, the Chair shall give preference to Members
promotion of the sense of community at the Law of the SG over non-SG Members.
School, which sense is both unique among schools and
essential to the fulfillment of the dual mission of the ii. Status reports. Each Chair shall prepare
school. concise written reports on the current status of his or her
Committee’s tasks, deliberations, and actions. A report
ii. Enumerated responsibilities shall be due to the Whip at the beginning of each week
for which classes are in session; provided, however, that
The CUNITY Committee shall: if there is no status change, then the Chair may simply
send the Whip a brief written message indicating the
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lack of change in status. The Chair’s status report by the end of the second General Session, the Officers
should not be longer than three paragraphs and shall shall be authorized to appoint students to such vacant
consist of the following: seat(s). These appointments shall be presented to the SG
General Body during the next Session, at which time the
A. a list of the specific tasks that the committee appointments may be overruled by a simple majority
has been charged with performing; vote of the SG General Body at any Session, including
B. any progress made by the Committee on these the Session at which such appointments were presented
tasks during the past week; and by the Officers.
C. what measures the committee needs and plans
to take next. ARTICLE VII | MEETINGS
Any Member of the SG may serve on an external A “Special” Session is a Session other than a General
committee. Session which has been proposed by a consensus of all
of the officers and which has been scheduled and
Appointments announced to the SG General Body at least one week in
advance of the proposed date and time.
Who may nominate. Any member of the Steering
Committee may nominate a Member of SG, including d. Emergency Sessions
himself or herself, to serve as a student representative
on any external committee containing a student An “Emergency” Session is a Session other than a
representative seat which is filled neither by means of General or Special Session which has been proposed by
election by the student body at large nor by a consensus of all of the officers and which has been
administrative appointment. scheduled and announced to the SG General Body less
Nomination and approval. A valid appointment shall than one week in advance of the proposed date and
consist of a nomination by a member of the Steering time. Any Member who is unable, despite having made
Committee followed by simple majority approval of that good faith efforts, to attend an Emergency Session shall
nomination by the SG General Body. All such not be deemed in violation of Art. IV(D)(1).
appointments shall take place by the end of the second
General Session of each academic year and after the 3. SG Meetings other than Sessions
election of the Officers. Meetings other than Sessions which have been
Vacancies. In the event that any student seat for any of convened by the SG shall include but are not limited to:
the aforementioned external committees remains vacant
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(a) Deans’ Forums; and A quorum shall consist of one-third of the current
(b) Student Forums. membership plus one and is necessary to conduct
official business at any Session.
B. Attendance at Meetings
E. Additional rules for Sessions
1. Attendance at Sessions
The presiding officer shall temporarily step down when
a. Member attendance requirements. Each voicing preferences regarding matters under
Member shall attend all General Sessions and Special deliberation.
Sessions, and each Member shall make good faith 2. All Sessions shall be open to all members of
efforts to attend any Emergency Sessions. the CUNY community.
3. All Sessions may be conducted using any
b. Absences procedures that facilitate open debate and consensus-
i. A member who has accumulated three or more building for the purpose of moving business forward.
unexcused absences shall be deemed to have vacated his
or her seat.
ARTICLE VIII | ELECTIONS
ii. The following excuses shall qualify as excused
absences: A. Accordance with CUNY bylaws
iii. The Whip shall determine whether a given 1. 2L and 3L Members. Second- and third-year
absence qualifies as excused or unexcused. Members shall be students elected at-large by their
respective classes no earlier than April 20 for a one-year
iv. The Whip shall provide written notification of term of office that begins July 1.
all excused and unexcused absences to the Secretary, 2. 1L Members. First-year Members shall be
who shall then archive such records. The Whip shall students elected at-large by the first-year class no later
compile and submit to the Secretary for archival all than September 15 for a one-year term of office that
statements that were submitted to the Whip from begins October 1 and ends June 30.
Members explaining an anticipated and/or actual 3. Only duly enrolled students at the CUNY
absence. School of Law may vote, and each such student is
entitled to cast one ballot. Each student may vote for up
2. Attendance at non-Session SG meetings to eight representatives from his or her graduating class.
a. All officers shall attend all Deans Forums and C. Election of Officers
Student Forums.
b. Any member other than an officer shall not be 1. All Officers and Chairs shall be elected by a
deemed in violation of Art. IV(D)(1) for failure to majority of the new Membership present at the last
attend SG meetings other than Sessions. General Session of each year, for a term of office that
begins July 1.
C. Minimum number of General Sessions per 2. The order in which the four officers are elected
month at the first General Session shall be as follows:
(1) the President;
There shall be at least two General Sessions per month (2) the Vice President;
while fall and spring classes are in session. (3) the Secretary; and then
(4) the Whip.
D. Quorum for Sessions
ARTICLE IX | IMPEACHMENT
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The procedure by which a proposed Amendment to the
Any Member other than the President may bring SG Constitution shall be ratified is as follows:
impeachment charges against any other Member,
including the President. An impeachment charge must 1. The proposed Amendment shall be sponsored
be presented at a Session in order to take effect. by at least one Member and co-sponsored by at least
two other Members.
B. Number of votes required for removal 2. The proposed Amendment shall be presented
to the whole student body, by both paper and electronic
Impeachment and subsequent removal from office means, a minimum of one week prior to the date on
requires a two-thirds vote of the Members present at a which the vote on the proposed Amendment is
Session. scheduled.
3. The proposed Amendment shall be deemed
C. Procedure for impeachment proceeding ratified by either one of two methods:
1. Hearing
a. Ratification by Membership
Both the accusing Member and the accused Member
shall be called upon to present their respective cases in A proposed Amendment may be ratified by the SG
Session. The accused Member shall be excluded from Membership if carried by a two-thirds majority of the
subsequent deliberation and voting during the Membership present at the Session for which the vote is
remainder of the impeachment proceeding. scheduled.
E. Closed Session
All impeachment proceedings shall take place in closed
Sessions of the SG, wherein only Members and any
testifying witnesses may be present during these
proceedings.
ARTICLE X | AMENDMENTS
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CUNY LAW SCHOOL ASSOCIATION The principal office and central depository of the
BYLAWS Association shall be the Business Office of the Law
School located at 65-21 Main Street, Flushing, New
ARTICLE I. NAME AND PURPOSES York 11367.
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Section 1. Powers. students regarding the timetable and procedure to be
a. The Association shall review student activity fee followed to request funds. The notice shall contain:
allocations and expenditures recommended by the a. The budget period;
Budget Committee to ensure conformance with the b. Date by which budget requests must be submitted;
expenditure categories listed in Section 2 of this Article. c. The place to submit budget requests;
The Association shall disapprove any allocation or d. Dates of public hearings to be held;
expenditure it finds does not so conform, or is e. A budget request form listing the names of budget
inappropriate, improper, or inequitable. Where the line items which those requesting funds must use.
Association disapproves any budget or portions of a
budget, the entire budget shall be returned to the Budget Section 2. Proposed Budgets. Each organization or
Committee with the specific concerns of the Association individual seeking funds must submit a written budget
noted for further deliberation by the Budget Committee proposal to the Budget Committee, within the time
and subsequent re-submission to the Association. If the prescribed, that contains the following information:
budget is not approved within thirty days, those portions a. Name of organization or individual requesting funds;
of the budget voted upon and approved by the b. Names of officer(s) authorized to sign for
Association will be allocated. The remainder shall be expenditures;
held until the Association and the Budget Committee c. Size of membership;
agree. d. Purposes of the organization and program(s) for
b. The Association shall review, amend, or approve all which funds are requested;
budgets of college association services funds and all e. Other anticipated funding sources;
contracts for college association services prior to f. Requested budget allocations by line item in the form
expenditure or execution. required by the Budget Committee.
c. The Budget Committee shall be empowered to
receive and review student activity fee budget requests Section 3. Budget Hearings. The Budget Committee
and to develop and allocate a budget subject to the shall hold public hearings to review all budget requests
review of the Association. at the time, place, and date announced under Section 1
(d) of this Article.
Section 2. Expenditure Categories. Student
activity fee funds shall be allocated and expended only Section 4. Tentative Allocations. After the budget
for the following purposes: hearings have been held, the Budget Committee shall
a. Extracurricular educational programs; decide tentative allocations for each request and shall
b. Cultural and social activities; notify each organization or individual of its tentative
c. Recreational and athletic programs; decision. Each organization or individual shall be
d. Student government; required to submit a revised budget on a line-by-line
e. Publications and other media; basis totaling no more than the tentative allocation, for
f. Assistance to registered student organizations; final review by the Budget Committee.
g. Community service programs;
h. Enhancement of the Law School and University Section 5. Final Budget. The Budget Committee shall
environment; review the line-by-line revised budget and either amend
i. Transportation, administration, and insurance related or approve it. It shall recommend its final budget to the
to the implementation of these activities; Association for review as specified under Section 1 of
j. Student services to supplement or add to those Article IV.
provided by the University;
k. Stipends to student leaders. Section 6. Modification of Final Budget. During the
period for which the budget is approved, should it be
Section 3. Parliamentary Authority. The Association necessary to modify the final approved budget,
and its Budget Committee shall use Robert’s Rules of adjustments may only be recommended by the Budget
Order, latest edition, as their parliamentary authority. Committee for approval by the Association before any
changes are authorized; except that the Association
ARTICLE V. BUDGET PROCEDURE shall permit administrative authorization of
discretionary transfers between budget lines within the
Section 1. Public Notice. At least two weeks before total budget of up to fifteen (15) percent of the total
budget requests are due, the Budget Committee shall budget, upon the approval of any of the ex-officio
distribute public notice to each organization and all members of the Association.
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ARTICLE VI. APPROVAL AND AMENDMENT b. The Dean shall have the right to recommend to the
Board of Trustees amendments to these Bylaws.
Section 1. Approval. These Bylaws shall be considered c. Bylaw amendments shall be considered approved
approved upon review of the Board’s General Counsel upon review by the Board, General Counsel, and upon
and upon adoption by the Board of Trustees of the City adoption by the Board of Trustees of the City
University of New York. University of New York.
Section 2. Amendment.
a. The membership of the Association shall have the
right to recommend to the Dean amendments to these
Bylaws.
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