DEAN OF STUDENTS OFFICE

COLLEGE POLICIES

Category: Student Affairs Responsible Office: University Life

Policy Title:  Rules for the Maintenance of Public Order 

Document Number:

3653

 

Effective Date:

July 01, 2004

 

This policy item applies to: State­Operated Campuses Statutory Colleges



Table of Contents
Summary

Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices

Summary

It is the policy of the State University of New York (University) to comply with legal requirements of NYS

Education Law §6430. Accordingly, the Board of Trustees of the State University of New York has

adopted written rules (8 NYCRR §535) for the maintenance of public order on University campuses and

other campus properties used for educational purposes pursuant to NYS Education Law §6430.

This policy outlines the rules for the maintenance of public order (including prohibited conduct),

applicability and communication of the rules, and statements regarding freedom of speech, assembly,

picketing and demonstrations on campuses. Campus procedures and penalties for the violation of the

rules and enforcement procedures are prescribed.

Policy

I. Rules for the Maintenance of Public Order

The Board of Trustees of the State University of New York (University) has adopted written rules (8

NYCRR §535) for the maintenance of public order on campuses of the University and other campus

properties used for educational purposes pursuant to NYS Education Law §6430.

A. Prohibited Conduct – No person either singly or in concert with others shall:

1. willfully cause physical injury to another person, nor threaten to do so for the purpose of

compelling or inducing such other person to refrain from an act which he or she has a lawful

right to do or to do any act which he or she has a lawful right not to do;

2. physically restrain or detain any other person;

3. remove anyone from any place where he or she is authorized to remain;

4. willfully damage or destroy property of the campus or property under its care;

5. remove property of the campus or property under its care;

6. use campus property or property in the campus’s care without authorization;

7. enter into any private office of an administrative officer, member of the faculty or staff

member without implied or explicit permission;

8. enter into and remain in any campus building or facility for any purpose other than its

authorized uses or in such manner as to obstruct its authorized use;

9. remain in any building or facility after it is closed without authorization;

10. refuse to leave a campus building or facility after being required to do so by an authorized

administrative officer;

11. obstruct the free movement of people and vehicles in any place to which these rules apply;

12. deliberately disrupt or prevent the peaceful and orderly conduct of classes, lecture and

meetings;

13. deliberately disrupt or prevent the freedom of any person to express his or her views,

including invited speakers;

14. knowingly have in his or her possession upon the premises to which these rules apply, any

rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the

president whether or not a license to possess the weapon has been issued to the person;

15. willfully incite others to commit any of the acts prohibited in this section with the specific

intent to procure them to do so; or

16. take any action, create or participate in the creation of any situation, which recklessly or

intentionally endangers the mental or physical health of anyone for the initiation into or

affiliation with any organization.

B. Supplementary Rules – The rules in section I.A. of this policy may be supplemented by

additional rules for the maintenance of public order but only to the extent that such rules are not

inconsistent with those listed here.

1. The additional campus rules must be approved by the Board of Trustees of the State

University of New York and filed with the commissioner of education and the Board of Regents

within 90 days of adoption by the Board of Trustees.

a. The establishment of supplementary rules for the maintenance of public order does not

preclude the establishment of student behavior codes by College Councils in accordance with

the procedures described in Board of Trustees policy Student Conduct Regulation Guidelines.

b. Hereafter, whenever this policy refers to the Rules for the Maintenance of Public Order it

shall also be deemed to include any supplementary rules promulgated here under.

C. Applicability of the Rules – The rules and regulations contained in section I.A. of this policy

govern the conduct of students, faculty, all other staff, licensees, invitees and all other persons,

whether or not their presence is authorized, upon any University campus to which the rules

apply. They also apply to the same individuals with respect to any other premises or property,

under the control of the University or University campus, and that are used in teaching,

research, administrative service, cultural, recreational, athletic or other programs and activities.

1. Charges against any student for violation of the rules in section I.A. of this policy that result

from alleged actions upon the premises of any other campus to which these rules apply shall

be heard and determined at the campus where the student is enrolled.

D. Communication of the Rules – The rules in section I.A. of this policy as well as any

approved additional campus rules for the maintenance of public order shall be provided to all

students enrolled in the campuses of the University.

1. Campuses shall promptly communicate with all members of the campus community

(administration, faculty, staff and students) on issues related to the rules in section I.A. of this

policy as well as supplementary rules adopted and approved by the Board of Trustees.

2. To the extent that time and circumstances permit, such communication shall precede the

exercise of the authority, discretion and responsibilities granted and imposed by the rules in

this policy. Each campus in matters such as these shall employ such procedures and means,

formal and informal, as will promote such communication.

E. Freedom of Speech and Assembly; Picketing and Demonstrations.

1. No student, faculty member or other staff member or authorized visitor shall be subject to

any limitation or penalty for expressing his or her views or for assembling with others for such

purpose;

a. peaceful picketing and other orderly demonstrations in public areas of campus grounds

and buildings are not subject to interference provided there are no violations of the rules in

section I.A. of this policy.

2. In order to provide maximum protection to the participants expressing their freedom of

speech and to the campus community, each president shall:

a. promulgate procedures appropriate to that campus for provision of reasonable advance

notice of the date and time of any planned assembly, picketing or demonstrations upon the

grounds of the campus; the proposed location of the assembly or exercise; and the intended

purpose;

i. the procedures and processes shall be reviewed and revised periodically;

ii. the procedures and processes for advance notice shall not be made a condition precedent

to any assembly, picketing or demonstration; and

iii. providing advance notice shall not automatically have permission to use a campus facility

or building without also following the appropriate processes for obtaining permission to use

campus facilities and buildings.

II. Campus Procedures and Penalties for the Violation of the Rules of Maintenance of Public

Order

The Board of Trustees of the State University of New York has adopted campus procedures and

penalties for the violation of the rules of maintenance of public order on campuses and other campus

properties used for educational purposes pursuant to NYS Education Law §6430, as outlined herein.

A. Procedures and Penalties for Different Categories of Individuals.

1. The president shall inform any licensee or invitee who shall violate any provisions of these

rules that his or her license or invitation is withdrawn and shall direct him or her to leave the

property of the campus. In the event of a failure or refusal to leave the premises the president

shall cause the licensee or invitee’s ejection from the campus.

2. In the case of any other violator, who is neither a student nor faculty or other staff member,

the president shall inform the violator that they are not authorized to remain on the property of

the campus and direct them to leave the premises. In the event of a failure or refusal to leave

the premises the president shall cause the violator’s ejection from the campus’s property.

Nothing in this subdivision shall be construed to authorize the presence of anyone at any time

prior to such violation nor to affect his or her liability to prosecution for trespass or loitering as

prescribed in the penal law.

3. In the case of a student, charges for violation of any of these rules shall be presented and

shall be heard and determined in the manner hereinafter provided in section II.3.b.and section

II.3.c. of this policy.

a. The policy Student Conduct Regulation Guidelines authorized by NYS Education Law §

356(3)(g) and codified in 8 NYCRR §500 provides for College Councils to promulgate or review

and ratify rules for student conduct subject to supervision of the Board of Trustees of the State

University of New York. The rules so established in such local conduct codes are valid only if

they are adopted by College Councils in the manner consistent with Trustee policy. The

decision to charge a student under such rules in the campus’s local conduct code or those

rules contained in section I.A. of this policy must be made. Once the choice is made, the

campus must completely adhere to and follow the procedures, processes and penalties

described for the path elected. A campus cannot charge a student under both the campus local

code of conduct and the rules and procedures set forth in this policy.

b. Notice, Hearing and Determination of Charges against Students

i. Whenever a complaint is made to the president of a violation by a student or students of the

rules prescribed in section I.A. of this policy or whenever he or she has knowledge that such a

violation may have occurred, he or she shall cause an investigation to be made and the

statements of the complainants, if any, and of other persons having knowledge of the facts

reduced to writing.

ii. If the president is satisfied from such investigation and statements that there are

reasonable grounds to believe that there has been such a violation, he or she shall prepare or

cause to be prepared charges against the student or students alleged to have committed such

violation.

iii. The charges shall state the specific offense and section designation of the offense’s

prohibition and shall specify the ultimate facts alleged to constitute the offense. Such charges

shall be in writing and shall be served on the student or students named therein by delivering

the charges to the student or students personally, if possible, or, if not, by mailing a copy of

such charges by registered mail to the student or students at their usual place or places of

abode while attending campus and also to their home address or addresses, if different.

iv. The notice of charges so served shall fix a date for a hearing of the charges not less than

10 or more than 15 days from the date of service which shall be the date of mailing where

necessary to effect service by mail.

v. Failure to appear in response to the charges on the date fixed for the hearing, unless there

has been a continuance for good cause shown, shall be deemed to be an admission of the

facts stated in such charges and shall warrant such action as may then be appropriate. Before

taking such action, the hearing committee, referred to section II.3.c. of this policy, shall give

notice to any student, who has failed to appear, in the manner prescribed in section II.3.b.iv. of

this policy, of its proposed findings and recommendation to be submitted to the president and

shall so submit such findings and recommendations 10 days thereafter unless the student has

meanwhile shown good cause for his or her failure to appear, in which case the hearing shall

be rescheduled.

vi. Upon demand at any time before or at the hearing, the student charged or his or her duly

designated representative shall be furnished a copy of the statements taken by the president in

relation to such charges and the names of other witnesses who will be produced at the hearing

in support of the charges. The provision of the witness names and statements shall not

preclude the testimony of witnesses who were unknown at the time of such demand.

vii. The president may, upon the service of charges, suspend the student named therein, from

all or any part of the campus's premises or facilities pending the hearing and determination

thereof, whenever, in the president’s judgment, the continued presence of such student would

constitute a clear danger to himself or herself or to the safety of persons or property on the

premises of the campus or would pose an immediate threat of disruptive interference with the

normal conduct of the campus's activities and functions; provided, however, that the president

shall grant an immediate hearing on request of any student so suspended with respect to the

basis for such suspension.

c. The Hearing Committee and Its Procedures for Charges against Students

i. There shall be constituted at each campus a hearing committee to hear

charges against students of violation of the rules for the maintenance of public

order entailed to in section I.A. of this policy. Such committee shall consist of

three members of the administrative staff and three members of the faculty,

designated by the president, and three students who shall be designated by

the members named by the president. The president shall appoint a

chairperson of the committee.

ii. Each such member shall serve until his or her successor or replacement

has been designated.

iii. No member of the committee shall serve in any case where he or she is a

witness or is or has been directly involved in the events upon which the

charges are based. In order to provide for cases where there may be such a

disqualification and for cases of absence or disability, the president shall

designate an alternate member of the administrative staff and an alternate

member of the faculty, and the president’s principal designees shall designate

an alternate student member, to serve in such cases.

iv. Any five members of the committee may conduct hearings called by the

chairperson and make findings and recommendations as hereinafter provided.

At any campus where the president determines that the number of hearings

which will be required to be held is, or may be, so great that they cannot

otherwise be disposed of with reasonable speed, he or she may determine that

the hearing committee shall consist of six members of the administrative staff

and six members of the faculty to be designated by him or her and of six

students who shall be designated by the members designated by him or her. In

such event the president shall designate one of such members as chairperson

who may divide the membership of the committee into three divisions each to

consist of two members of the administrative staff, two faculty members and

two students and may assign charges among such divisions for hearing. Any

four members of each such division may conduct hearings and make

recommendations as hereinafter provided.

v. The hearing committee shall not be bound by the technical rules of

evidence but may hear or receive any testimony or evidence which is relevant

and material to the issues presented by the charges and which will contribute

to a full and fair consideration thereof and determination thereon.

vi. A student against whom the charges are made may appear by and with

representatives of his or her choice. The charged student but not his or her

representatives or witnesses may confront and examine witnesses against him

or her and may produce witnesses and documentary evidence in their own

behalf.

vii. There may be present at the hearing: the student charged and his or her

representatives and witnesses; other witnesses; representatives of the

campus’s administration; and, unless the student shall request a closed

hearing, such other members of the campus community or other persons, or

both, as may be admitted by the hearing committee.

viii. A transcript of the proceedings shall be made.

ix. Within 20 days after the close of a hearing, the hearing committee shall

submit a report of its findings of fact and recommendations for disposition of

the charges to the president together with a transcript of the proceedings, and

shall at the same time transmit a copy of its report to the student concerned or

his or her representative. Within 10 days thereafter the president shall make

his determination thereon.

x. Final authority to dismiss the charges or to determine the guilt of those

against whom they are made and to expel, suspend or otherwise discipline

them shall be vested in the president. If the president shall reject the findings

of the hearing committee in whole or in part, he or she shall make new findings

which must be based on substantial evidence in the record and shall include

them in the notice of the final determination which shall be served upon the

student or students with respect to whom it is made.

d. Penalties – Students found to be responsible for a violation of the rules of

public order shall be subject to expulsion or such lesser disciplinary action as

the facts of the case may warrant, including suspension, probation, loss of

privileges, reprimand or warning.

4. In the case of a faculty member having a continuing or term appointment, charges

of misconduct in violation of these rules shall be made, heard and determined in

accordance with title D of Part 338 of the Policies of the Board of Trustees [see UUP

Bargaining Agreement Article 19.]

a. Penalties – If a faculty member having a continuing or term appointment, is found

guilty of misconduct through violations of the rules in section I.A. of this policy, he or

she may be subject to dismissal or termination of his or her employment or such lesser

disciplinary action as the facts may warrant including suspension without pay or

censure.

5. In the case of any staff member who holds a position in the classified civil service,

described in NYS Civil Service Law §75, charges of misconduct in violation of these

rules shall be made, heard and determined as prescribed in that section.

6. Any other faculty or staff member who shall violate any provision of these rules be

dismissed, suspended without pay, or censured by the appointing authority as

prescribed in the Policies of the Board of Trustees.

7. Organizations which operate upon any campus of the University or upon the

property of any University campus used for educational purposes shall be prohibited

from authorizing the conduct described in section I.A.16. of this policy.

a. The president at each campus shall be responsible for the enforcement of this

section.

b. Whenever the president has determined on the basis of a complaint or personal

knowledge that there is reasonable ground to believe that there has been a violation of

section I.A.16. of this policy by any organization, the president shall prepare or cause

to be prepared written charges against the organization, which shall state the rule, and

section violated and shall specify the ultimate facts alleged to constitute such violation.

c. Such written charges shall be served upon the principal officer of the organization

by registered or certified mail, return receipt requested, to the organization's current

address and shall be accompanied by a notice that the organization may respond in

writing to the charges within 10 days of receipt of said notice. The notice of the charge

so served shall include a statement that the failure to submit a response within 10 days

shall be deemed to be an admission of the facts stated in such charges and shall

warrant the imposition of the penalty described in section II.A.7.g. of this policy. The

response shall be submitted to the president and shall constitute the formal denial or

affirmation of the ultimate facts alleged in the charges. The president may allow an

extension of the 10day

response period.

d. Upon written request, by an authorized representative of the organization, the

president shall provide the representative organization an opportunity for a hearing. A

hearing panel designated by the president shall hear or receive any testimony or

evidence which is relevant and material to the issues presented by the charge and

which will contribute to a full and fair consideration thereof and determination thereon.

The organization's representative may confront and examine witnesses against and

may produce witnesses and documentary evidence on its behalf.

e. The hearing panel shall submit written findings of fact and recommendations for

disposition of the charge to the president within 20 days after the close of the hearing.

f. Final authority to dismiss the charges or to make a final determination shall be

vested in the president. Notice of the decision shall be in writing; shall include the

reasons supporting such decision; and shall be served on the principal officer of the

organization by mail in the manner described in section II.A.7.c. of this policy within a

reasonable time after such decision is made.

g. Any organization, which authorizes the prohibited conduct described in section

I.A.16. of this policy, shall be subject to the rescission of permission to operate upon

the campus or upon the property of the campus. The penalty provided in this

subdivision shall be in addition to any penalty which may be imposed pursuant to the

penal law and any other provision of law, or to any penalty to which an individual may

be subject pursuant to this policy or the student code of conduct for the campus.

III. Mandates for Enforcement of the Rules for Maintenance of Public Order

A. The Board of Trustees of the State University of New York has adopted enforcement

policies for the rules and regulations for the maintenance of public order on campuses and

other campus properties used for educational purposes pursuant to NYS Education Law §

6430 as outlined herein.

Enforcement Program

1. The president shall be responsible for the enforcement of the rules in § I.A. of this

policy and he or she may designate to other administrative officers authorization to

take action in accordance with such rules when required or appropriate to carry them

into effect.

2. It is not intended by any provisions herein to curtail the right of students, faculty or

staff to be heard upon any matter affecting them in their relations with the campus. In

the case of any apparent violation of the rules in section I.A. of this policy by such

persons, which, in the judgment of the president, does not pose any immediate threat

of injury to person or property, the president may make reasonable effort to learn the

cause of the conduct in question. They may make a reasonable effort to persuade

those engaged therein to desist and resort to permissible methods for the resolution of

any issues which may be presented. In doing so, the president shall warn such

persons of the consequences of persistence in the prohibited conduct, including their

ejection from any premises of the campus where their continued presence and conduct

is in violation of these rules.

3. In any case where violation of the rules in section I.A. of this policy does not cease

after such warning and in other cases of willful violation of such rules, the president

shall cause the ejection of the violator from any premises, which he or she occupies in

such violation. The president shall initiate disciplinary action as provided in section II of

this policy.

4. The president may apply to the public authorities for any aid, which he or she

deems necessary in causing the ejection of any violator of these rules.

5. The president may request the University counsel to apply to any court of

appropriate jurisdiction to restrain the violation or threatened violation of such rules.

Definitions

Organization – includes but is not limited to, recognized campus or student government organizations

or clubs, alumni organizations, athletic teams and clubs, fraternities and sororities or any group that has

access to and uses campus facilities.

Other Related Information

Student Conduct Regulations

NYS Civil Service Law §75 (Disciplinary Proceedings)

UUP Bargaining Agreement Article 19

Procedures

Student Consumer Information and Disclosures

Forms

There are no forms relevant to this policy.

Authority

Board of Trustees Rules Maintenance

of Public Order (8NYCRR Part 535)

20 U.S.C. §1092 (f) (Institutional and financial assistance information for students)

NYS Education Law § 6430 (General Provisions)

Chapter 676, Laws of 1980.

State University of New York Board of Trustees Resolution, 82261,

adopted on October 27, 1982.

History

Memorandum to presidents from the office of the chancellor dated April 27, 2004 describing accepted

recommendations regarding SUNY policies on student code of conduct made by the Realigning for

Excellence Advisory Committee.

Memorandum to chief student affairs administrators and chiefs of University police from the office of the

University counsel dated April 23, 2004 announcing the passage of legislation affecting student conduct

policies on college campuses that inadvertent repealed the biasrelated

crime prevention law. The biasrelated

crime prevention law is to be recodified as § 6436 in Article 129A

of NYS Education Law.

Campuses are to ensure that their publications, including web sites and other electronic versions that

contain student conduct policies and campus safety information meet the new state requirements.

Memorandum to presidents from the office of University counsel dated October 8, 2003 describing

legislative changes to Article 129A

of the Education Law. Specifically, § 6450 was to be repealed

effective July 1, 2004. Replacing the deleted section were six new sections: § 6430 (Rules on

Maintenance of Public Order/student conduct); § 6431 (Advisory Committee on Campus Security); §

6432 (Sexual Assault Prevention); § 6433 (Campus Crime Reporting); § 6434 (Investigation of Violent

Felonies); § 6435 (Appointment of Private College Security Officers). The legislation was committed to

Chapter 597 of the Laws of 2003. In addition, legislation regarding biasrelated

crimes was passed and

committed to section 590 of the Laws of 2003. Unfortunately, the passage of the changes to Article

129A

inadvertently erased the amendments to §6450 sought by Chapter 590 of the Laws of 2003. It is

to § 6430, § 6431, and § 6432 as well as Chapter 590 of the Laws of 2003 that this policy is addressed.

It is expected that the procedural error related to Chapter 590 of the Laws of 2003 will be corrected in

the Laws of 2004 and will be codified as § 6436.

Memorandum to presidents from the office of University counsel and vice chancellor for legal affairs

dated October 4, 1988 explaining that the definition of the behavior known as hazing was broadened. In

addition, the activity subjected a person to increased penalties. Hazing in the first degree was raised to

a Class A misdemeanor and a new offense, hazing in the second degree was created as a violation

under Penal Law. While these changes did not change the definition in 8 NYCRR § 535, campuses

were urged to review their publications for necessary revisions where Penal Law regarding hazing was

cited.

Memorandum to presidents from offices of University counsel and vice chancellor for legal affairs and

vice chancellor for student affairs and special programs dated December 13, 1982 communicated

modifications made by the Board of Trustees to the Rules for the Maintenance of Public Order on

Campuses. Specifically, the chief administrative officer was allowed to delegate some or all of the

responsibility for administering the Rules. In addition, under the option of suspension from a portion of

the campus or in other words a “limited suspension” was allowed.

Memorandum to presidents from the office of University counsel and vice chancellor for legal affairs

dated October 17, 1980 apprised colleges of the amendments made by the Board of Trustees to the

Rules for the Maintenance of Public Order. These revisions occurred in response to the legislation that

mandated the inclusion of hazing by individuals as a behavior specifically prohibited on campuses. In

addition, it included procedures and processes for charges and penalties for campus organizations

participation in hazing activities. Individual community college boards had to adopt rules for the same

on their individual campuses. The amendments made by the Board of Trustees were reflected in

changes to 8 NYCRR §535.

Memorandum to presidents from the office of University counsel and vice chancellor for legal affairs

dated May 23, 1977, which clarified application of the Rules for the Maintenance of Public Order on

Campuses (8 NYCRR § 535) after a court decision indicated that colleges had to follow either the

Rules for the Maintenance of Public Order or individual Campus Conduct Codes when bringing charges

against students for violations of behavior codes when the two codes overlapped.

In 1969, the legislation codified in law as Article 129A,

§ 6450 of Education Law was passed. It

required the Board of Trustees of the State University of New York (as well as every other college in the

state) to adopt rules for the maintenance of public order on campuses. The Board of Trustees approved

a set of policies that were codified in 8 NYCRR § 535.

Appendices

There are no appendices relevant to this policy.