Access to Campus by Law Enforcement

Hunter College and the Hunter College Campus Schools (HCCS) are committed to protecting the rights of every member of our community. Consistent with the rule of law, Hunter College/HCCS does not permit law enforcement agents, including Immigration and Customs Enforcement (ICE) personnel, to enter our properties except when compelled to do so by law.

Hunter College/HCCS must honor valid judicial warrants, court orders, and subpoenas. Because it is difficult for an untrained person to determine the validity of such documents, it is vitally important any warrant, court order, or subpoena presented by law enforcement seeking access to Hunter College/HCCS facilities or records be reviewed by the Hunter College Office of Legal Affairs before taking any action in response to law-enforcement officials, including ICE personnel. Below is a summary of the protocol for Public Safety staff stationed at Hunter College/HCCS points of entry to follow if such personnel request access to any Hunter College/HCCS facility or student or employee records.

For Hunter College/HCCS Public Safety Staff

1. Only the Hunter College Office of Legal Affairs may grant access of law enforcement to Hunter College/HCCS facilities and records. No other Hunter College/HCCS employee is to provide access or information about an individual student, family member, or Hunter College/HCCS employee under any circumstances.
2. Any Hunter College/HCCS Public Safety staff member asked by law enforcement for access to facilities or records should immediately alert the school Director or the Director’s designee (in the case of HCCS), or the Director of Public Safety (in the case of Hunter) and ask the officer to wait at the Public Safety desk.
3. The school Director/Director’s designee or the Director of Public Safety will notify the Hunter College Office of Legal Affairs immediately to facilitate review of any documents presented by law enforcement.

For the HCCS Director

1. Meet the Public Safety officer at the Public Safety desk where law enforcement has been asked to wait.
2. Do not provide any information about an individual student, family member, or Hunter College/HCCS employee under any circumstances while the Hunter College Office of Legal Affairs is contacted.
3. At the Public Safety desk, request:
   1. The name and badge/ID number of the officer.
   2. The phone number of the officer’s supervisor.
   3.  The purpose of the visit.
4. Obtain any documentation from the officer, such as a subpoena, search warrant, or arrest warrant.
5. Advise the law-enforcement officer that prior to responding to their request, you must notify and obtain guidance from counsel, and that the officer must wait outside the school building during that process.
6. Contact the Hunter College Office of Legal Affairs and provide the details and documentation obtained from the law-enforcement officer. Do not take action until you obtain instructions from Legal Affairs.
7. In the case of a request related to a student, contact the parent or guardian after consulting with the Legal Affairs Office (as further described below).
8. If Legal Affairs advises you against providing access or information to the officer:
   1. Inform the officer that you have been told that you cannot comply with the request and ask him or her to leave the school area;
   2. After the officer has left, notify the student’s parent or guardian.
   3. If the officer fails to comply with your instructions, do not physically attempt to interfere with any enforcement action. Notify Legal Affairs, and have Public Safety contact the NYPD Precinct via 911 to send assistance.
9. If Legal Affairs advises you to comply with the officer’s request, ask Legal Affairs about when to contact the student’s parent or guardian regarding the request.
10. Public Safety will complete an Incident Report regarding the incident.
11. For a subpoena or court order for information and/or records, inform the officer that the subpoena/court must be served upon the CUNY Office of General Counsel, at CUNY Central Office, by hand. The Office of General Counsel will then convey the subpoena to Hunter Interim General Counsel Jessica Alvarez. The subpoena should be addressed to her attention.

NOTE: The Hunter College Public Safety Office will only respond to subpoenas that are so ordered.

Contact information for the CUNY Office of General Counsel is:

Office of the General Counsel & Senior VC for Legal Affairs
205 East 42nd Street, 11th Floor New York, NY 10017
Email: ogc@cuny.edu
Phone: (646) 664–2911
Fax: (646) 664–2964

If Legal Affairs authorizes access to Hunter College/HCCS facilities, Public Safety will observe the following protocol regarding law enforcement on campus:

• A college representative should follow the law-enforcement officer(s) and document what they are doing, either by taking notes and/or recording The college representative should request the names of any/all law enforcement agents present.
• The college representative should log any items that are taken and ask the officers if copies of any documents can be made before they are If the officers ask to take computers or electronic devices that are covered by the warrant, the college representative may request that the officers image the devices instead of seizing them. If the seizure of any items will interfere with the ability to conduct business, the college representative should inform the officers and request that they not take the items but image/copy the items instead.
• The officers may ask to speak with employees or move them into different areas to be interviewed. The college representative:
  1. Should not interfere with the officers’ attempts to speak with employees
  2. Should tell employees that they are not compelled to speak to law enforcement and may choose not to.
  3. Should not direct employees to be uncooperative with law enforcement or to refuse to answer questions.
• The college representative should request a list of all items removed by law enforcement.
• After law enforcement leaves, the college representative should immediately document details including the number of agents present and their names, actions taken, specific details of any requests made by the officers and the response to any such requests.