Henderson Rules to Maintain Public Order and Campus Codes of Conduct

RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC ORDER PURSUANT TO ARTICLE 129A OF THE EDUCATION LAW

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

Academic freedom and the sanctuary of the university campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom to political ends, or who violate the norms of conduct established to protect that freedom. Against such offenders the university has the right, and indeed the obligation, to defend itself. We accordingly announce the following rules and regulations to be in effect at each of our colleges which are to be administered in accordance with the requirements of due process as provided in the bylaws of The City University of New York.

With respect to enforcement of these rules and regulations we note that the bylaws of the CUNY Board provide that: The president, with respect to his/her educational unit shall: a. have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction; b. be the advisor and executive agent to the board and of his respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws, resolutions and policies of the board, the lawful resolutions of any of its committees and the policies, programs and lawful resolutions of the several faculties; c. exercise general superintendence over the concerns, officers, employees, and students of his educational unit.

1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he/she interfere with the institution’s educational process or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.
2. Individuals are liable for failure to comply with lawful directions issued by representatives of the university/college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
3. Unauthorized occupancy of the university/college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation and use of university/college equipment and/or supplies.
4. Theft from or damage to university/college premises or property, or theft of or damage to property of any person on university/college premises is prohibited.
5. Each member of the academic community or an invited guest has the right to advocate his/her position without having to fear abuse, physical, verbal, or otherwise from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds, shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against or spectators.
6. Action may be taken against any and all persons who have no legitimate reasons for their presence on any campus within the university/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of their rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational and community services.
7. Disorderly or indecent conduct on university/college-owned or controlled property is prohibited.
8. No individual shall have in his/her possession a rifle, shotgun or firearm or knowingly have in his/her possession any other dangerous instrument or material that can be used to inflict bodily harm on any individual or damage upon a building or the grounds of the university/college without the written authorization of such educational institution. Nor shall any individual have in his/her possession any other instrument or material which can be used and is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the university/college.
9. Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
10. The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances bu university students or employees on university/college premises, or as part of any university/college activities is prohibited. Employees of the university must also notify the College Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
11. The unlawful possession, use, or distribution of alcohol by students or employees on university/college premises or as part of any university/college activities prohibited.