ARTICLE VII STUDENT AFFAIRS AND SPECIAL PROGRAMS

Policy 7.01 Admission Application Fraud :

The submission of documents in support of applications for admission such as transcripts, diplomas, test scores, references, or the applications themselves, that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses, or otherwise deceptive—collectively referred to as fraudulent documents—is prohibited by The City University of New York and may be punishable by a bar on applying for admission, suspension, and/or expulsion. The term “applications for admission” includes transfer applications. (BTM,2006,09-25,006,_A)

Materially incomplete applications include applications that fail to include all prior post-high school college level courses, regardless of whether (BTM,2006,09-25,006,_A):

a) The courses were taken at a post-secondary institution in the United States or outside the United States

b) The applicant received a degree at the post-secondary institution

c) The applicant is seeking credit for such courses

d) The applicant is changing majors/careers

2 Sanctions

2.1 Pre-Enrollment

Whenever an applicant for admission to any college of the University submits, as part of an admission application, a document that is found to be fraudulent before an admission decision is made or before the applicant has enrolled, the applicant shall be barred from enrolling in any college of the University the year of the application and for a period of five years after the year of the application that contained the fraudulent material. If done a second time, there shall be a lifetime ban on admission to any college of the University. In the event of the submission of fraudulent documents, the University will notify the applicant in writing of this prohibited act and the penalty, and advise the applicant of the opportunity to appeal the decision in writing to the Vice Chancellor for Student Development. The applicant may then submit a written statement and evidence demonstrating that the document is not fraudulent or advancing some other defense. The Vice Chancellor may reduce or withdraw the penalty, if he or she finds the document to be authentic, that the submission of the document was not the fault of the applicant, or otherwise deems it appropriate. (BTM,2006,09-25,006,_A)

2.2 Post-Enrollment

If, after a student has completed registration or begun classes in a University college, it is found that the student had submitted a fraudulent document in support of an application for admission, the student shall be suspended from the University for five years. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of the University. The accused student shall be notified of such suspension or expulsion in writing and shall be entitled to appeal within 30 days of receiving notification and request a hearing pursuant to the University Bylaws, at which the college faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may, if persuaded that the document is authentic or that another defense is demonstrated, withdraw or a reduce the penalty. The penalty shall not take effect until after the period to appeal has expired or upon the completion of the hearing. An adverse decision of the disciplinary committee shall be appealable by the accused student to the college President and a Board of Trustees committee pursuant to the University Bylaws. (BTM,2006,09-25,006,_A)

2.3 Post-Graduation

If, after a student has graduated it is found that the graduate submitted a fraudulent document in support of an application for admission, then he or she shall be notified in writing. The accused graduate shall be entitled to a hearing pursuant to the University Bylaws, at which the college faculty-student disciplinary committee shall determine the facts, based upon which the disciplinary committee may make a decision to impose a penalty of suspension from the University for five years, and may also recommend the revocation of the degree or certificate that had been awarded to the student. A second offense shall result in expulsion. The suspension or expulsion shall apply to all colleges of CUNY. An adverse decision of the disciplinary committee imposing a suspension or expulsion shall be appealable to the college President and a Board of Trustees committee pursuant to the Bylaws. In the event the disciplinary committee recommends the revocation of a degree or certificate, the degree or certificate shall be revoked upon approval by the Board of Trustees after considering the recommendation of the faculty of the college. (BTM,2006,09-25,006,_A)

3 Notification of the Vice Chancellor for Student Development

The Vice Chancellor for Student Development shall be notified of all bars from applying for admission, suspensions, and expulsions under this policy and shall implement them on a University-wide basis. (BTM,2006,09-25,006,_A)

4 Dissemination

University officials shall publicize this policy and its penalties. Where appropriate, University officials shall share the decisions, findings and supporting evidence on specific cases with civil and criminal authorities. (BTM,2006,09-25,006,_A)

Policy 7.02 Change of Name :

Where names have been changed by court order, all transcripts of records and official statements by the colleges with respect to students or graduates of the schools shall incorporate only the official name as changed by said court order, unless otherwise specifically requested in writing. (BTM,1940,02-06,005,__)

Policy 7.021 Child-Care Services :

[T]he Board of Trustees of The City University of New York hereby affirms that the primary purpose of each child care center operating on a CUNY college campus, either as part of the college or as a separate entity, is to provide services to the dependent children of registered, matriculated college students[.]

[I]f the need for child care services by registered, matriculated college students is being met, and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to non-matriculated part-time college students, subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee[.]

[I]f the need for child care given by registered matriculated and non-matriculated students is being met and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to faculty and staff where the charges for faculty and staff children are set at market rates and subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee[.]

[I]f the need for child care given to registered matriculated and non-matriculated students and faculty and staff is being met and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to community members where the charges for community members are set at market rates and subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee.

(BTM,2011,11-28,006,_A)

Policy 7.03 Delinquent Accounts and Records :

This policy applies to students who are (BTM,2002,11-18,008,_A):

a) Delinquent and/or in default in any of their financial accounts with (BTM,2002,11-18,008,_A):

(i) The City University of New York

(ii) A University college

(iii) An appropriate State or Federal agency for which the University acts as either a disbursing or certifying agent

b) Students who have not completed exit interviews as required by the (BTM,2002,11-18,008,_A):

(i) Federal Perkins Loan Program

(ii) Federal Family Education Loan Programs

(iii) William D. Ford Federal Direct Loan Program

(iv) Nursing Student Loan Program

Students who fall under this policy are not to be permitted to (BTM,2002,11-18,008,_A):

c) Complete a registration

d) Be issued (BTM,2002,11-18,008,_A):

(i) A copy of their grades

(ii) A transcript of academic record

(iii) A certificate or degree

e) Receive funds under the Federal campus-based student assistance programs or the Federal Pell Grant Program—unless the designated officer, in exceptional hardship cases and consistent with Federal and State regulations, waives in writing the application of this regulation

Policy 7.031 Drug-Alcohol Use Amnesty :

THE CITY UNIVERSITY OF NEW YORK DRUG/ALCOHOL USE AMNESTY POLICY

The City University of New York’s (“CUNY’s”) Drug/Alcohol Use Amnesty Policy has two principal purposes. First, it is intended to encourage students to seek medical assistance related to drug and/or alcohol use without fear of being disciplined for such use. Because the use of drugs or alcohol may be life-threatening, CUNY wishes to reduce barriers to seeking and receiving medical help in those situations. Second, CUNY wishes to encourage students under the influence of drugs and/or alcohol who may be the victims of, witnesses to, or otherwise become aware of violence (including but not limited to domestic violence, dating violence, stalking, or sexual assault) or sexual harassment or gender-based harassment to report that violence or harassment. Toward that end, CUNY’s Policy is that students who seek medical assistance either for themselves or others and/or are reporting violence or harassment will not be subject to discipline under the circumstances described below.

I. Students who in good faith call for medical assistance for themselves or others and/or who receive medical assistance as a result of a call will not be disciplined for the consumption of alcohol (either if underage or if consumed in a CUNY-owned or operated residence hall or facility where alcohol consumption is prohibited) or drugs as long as there are no other violations that ordinarily would subject the student to disciplinary action. Similarly, students who may be the victims of, witnesses to, or otherwise become aware of violence or sexual harassment or gender-based harassment and who report such violence or harassment will not be disciplined for the consumption of alcohol or drugs in the absence of other violations that ordinarily would subject the student to disciplinary action. Other violations that would invoke discipline include but are not limited to (i) unlawful distribution of alcohol or drugs; (ii) sexual misconduct, as defined in CUNY’s Policy on Sexual Misconduct; (iii) causing or threatening physical harm; (iv) causing damage to property; (v) hazing.

II. The students involved will be encouraged to complete alcohol and/or drug education activities, assessment, and/or treatment, to be determined by the individual campuses or units of CUNY with which the students are affiliated. If repeated incidents of alcohol or drug use are involved, there may be issues of medical concern, which may result in parental notification, medical withdrawal, and/or other non-disciplinary responses.

III.CUNY’s Policy is intended both to implement Article 129-B of the Education Law (which mandates drug and alcohol amnesty for reporters of violence) and to complement New York State’s Good Samaritan Law, which is designed to encourage individuals to call 911 in the event of an alcohol or drug-related emergency. Generally, the Good Samaritan Law protects persons who witness or suffer from a medical emergency involving drugs or alcohol from being arrested or prosecuted for drug or underage alcohol possession after they call 911. It does not protect against arrest or prosecution for other offenses, such as the sale of drugs.

(Board of Trustees Minutes,2014,06-30,7,D. Amended: Board of Trustees Minutes,2015,10-01,6,C)

Policy 7.04 Drug, Tobacco, and Alcohol Education :

The Board of Trustees of the City University of New York adopts the following policy on Drug, Tobacco, and Alcohol Education (BTM,1990,06-25,006,_D):

The University affirms its continuing commitment to drug, tobacco, and alcohol education on campus. the University is committed to the development and conduct of educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, whether legal or illegal. Implementation of this policy, which provides the framework for educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, is the responsibility of the individual colleges, consistent with their governance plans and established disciplinary procedures. (BTM,1990,06-25,006,_D)

Each of the individual colleges shall incorporate into its program the annual distribution to each student and employee of the standards of conduct that prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on the college’s property or as part of college activities and a statement of the sanctions for violation; a description of the applicable local, State, and Federal legal sanctions for the unlawful possession or distribution of illicit drugs and alcohol; a description of the health risks associated with the use of illicit drugs and the abuse of tobacco and alcohol; and a description of any drug, tobacco or alcohol-related counseling, treatment, rehabilitation, or re-entry programs available to students or employees. Each college shall review the effectiveness of its program at least once every two years, implementing such changes as may be necessary. (BTM,1990,06-25,006,_D)

Policy 7.041 Drugs and Alcohol :

The City University of New York (“CUNY”) is an institution committed to promoting the physical, intellectual, and social development of all individuals. As such, CUNY seeks to prevent the abuse of drugs and alcohol, which can adversely impact performance and threaten the health and safety of students, employees, their families, and the general public. CUNY complies with all federal, state, and local laws concerning the unlawful possession, use, and distribution of drugs and alcohol.

Federal law requires that CUNY adopt and implement a program to prevent the use of illicit drugs and abuse of alcohol by students and employees. As part of its program, CUNY has adopted this policy, which sets forth (1) the standards of conduct that students and employees are expected to follow; (2) CUNY sanctions for the violation of this policy; and (3) responsibilities of the CUNY colleges/units in enforcing this policy. CUNY’s policy also (1) sets forth the procedures for disseminating the policy, as well as information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and available counseling, treatment, or rehabilitation programs, to students and employees; and (2) requires each college to conduct a biennial review of drug and alcohol use and prevention on its campus.

This policy applies to all CUNY students, employees and visitors when they are on CUNY property, including CUNY residence halls, as well as when they are engaged in any CUNY-sponsored activities off campus.

1 Standards of Conduct

The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by anyone, on CUNY property (including CUNY residence halls), in CUNY buses or vans, or at CUNY-sponsored activities, is prohibited. In addition, CUNY employees are prohibited from illegally providing drugs or alcohol to CUNY students. Finally, no student may possess or consume alcoholic beverages in any CUNY residence hall, regardless of whether the student is of lawful age, except for students living in the Graduate School and University Center’s graduate housing facilities who may lawfully possess and consume alcoholic beverages. For purposes of this policy, a CUNY residence hall means a residence hall owned and/or operated by CUNY, or operated by a private management company on CUNY’s behalf.

In order to make informed choices about the use of drugs and alcohol, CUNY students and employees are expected to familiarize themselves with the information provided by CUNY about the physiological, psychological, and social consequences of substance abuse.

2 Sanctions

Employees and students who violate this policy are subject to sanctions under University policies, procedures and collective bargaining agreements, as described below. Employees and students should be aware that, in addition to these CUNY sanctions, the University will contact appropriate law enforcement agencies if they believe that a violation of the policy should also be treated as a criminal matter.

3 Students

Students are expected to comply with the CUNY and college policies with respect to drugs and alcohol. Any student found in violation may be subject to disciplinary action under Article 15 of the Bylaws of the Board of Trustees, which may result in sanctions up to and including expulsion from the University.

In addition, any student who resides in a CUNY residence hall and who is found to have violated any CUNY or college policy with respect to drugs and alcohol may be subject to sanctions under the CUNY Residence Hall Disciplinary Procedures, up to and including expulsion from the residence hall.

In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the student must see a counselor or successfully participate in a drug and alcohol treatment program.

In accordance with the Federal Educational Rights and Privacy Act (“FERPA”), CUNY may also choose—when appropriate—to contact parents or legal guardians of students who have violated the CUNY policy on drugs and alcohol.

4 Employees

Any employee found to have violated this CUNY policy may be subject to disciplinary action, in accordance with the procedures set forth in applicable CUNY policies, rules, regulations, and collective bargaining agreements. Sanctions may include a reprimand, suspension without pay, or termination of employment. In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the employee must successfully participate in a drug or alcohol treatment program.

5 Responsibilities of Colleges/Units

Each college or unit of the University should make its best efforts to educate employees and students about this policy and the risks associated with the unlawful possession, use, or distribution of illegal drugs and alcohol. The President of each college or unit may choose to ban alcohol at on-campus functions or at any particular function. This policy, together with information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and counseling, treatment, or rehabilitation programs available to employees or students, must be distributed annually to all employees and students. The Chief Student Affairs Officer shall be responsible for the distribution of this material to students, and the Director of Human Resources shall be responsible for the distribution of the material to employees.

The Vice President for Administration, or person performing the equivalent function at each college or unit of CUNY, shall be responsible for conducting a biennial review to determine the effectiveness of CUNY’s drug and alcohol program at its college or unit, and to ensure that sanctions for drug and alcohol violations are consistently enforced. Upon completion, the biennial review must be sent to the University’s Executive Vice Chancellor and Chief Operating Officer. This biennial review must include the number of drug and alcohol-related violations and fatalities that occur on the college’s campus or as part of the college’s activities, as well as the number and type of sanctions imposed as a result of drug and alcohol-related violations and fatalities that occur at the college as part of its activities.

(Board of Trustees Minutes, 2009,06-22,7,A. Amended: Board of Trustees Minutes,2011,05-02,5,A)

Policy 7.042 Enrollment and Withdrawal Verification :

Beginning in Fall, 2009, uniform policies and procedures for verification of student enrollment be implemented to comply with Federal Title IV regulations. (BTM,2009,06-22,004,_M)

The Chancellor, after appropriate consultation within the University, shall promulgate uniform guidelines and procedures regarding verification of student enrollment and withdrawal to be implemented university-wide in order to achieve compliance with Federal Title IV regulations. (BTM,2009,06-22,004,_M)

Should Federal Title IV regulations change in the future, the Chancellor, again after appropriate consultation within the University, shall promulgate revised university-wide uniform guidelines and procedures to achieve compliance with changes in Federal Title VI regulations. (BTM,2009,06-22,004,_M)

Policy 7.05 Financial Aid and Support :

1 Undergraduate Financial Aid

The City University of New York is committed to the principle that New York City’s high school graduates should not be inhibited from seeking a higher education because they lack financial resources. As a means of fulfilling this commitment it is university policy to pursue aggressively all sources of state and federal funding that are available to provide financial aid to it students and to provide matching funds from its own resources to the fullest extent possible in order to maximize federal and state funding. (BTM,1969,09-29,011,__)

2 Graduate Tuition Waiver Fund

The Board of Trustees approved the establishment of a scholarship fund for each academic year for the benefit of needy graduate students out of income received from fees for various categories of students, principally graduate students. (BTM,1975,07-28,006,__)

The Board of Trustees determines, in principle, that if by using the City University needs formula for the nine-month academic year it is determined that a student desiring to register at the University does not have the financial resources to pursue graduate studies for which he or she is qualified, the University will provide a tuition grant or waiver adequate to enable him or her to register for graduate study, the total not in excess of the fund provided for such purpose. (BTM,1975,07-28,006,__)

The President of each college, including the University Graduate School and University Center, and the University Dean of Teacher Education, are granted authority to waive instructional and/or other fees levied on graduate students in instances other than those specifically authorized by Board of Trustees action. (BTM,1975,07-28,006,__)

The President of each individual unit of the University is required to report all fee waivers granted by him or her for each semester and session. (BTM,1975,07-28,006,__)

The distribution of waivers to students is to be made by the Graduate School and University Center and by the senior colleges in accordance with the allocations and guidelines established by the Chancellor. (BTM,1975,07-28,006,__)

The Graduate Tuition Waiver Fund is to be enhanced by additional funds for the benefit of needy foreign graduate students who do not have the financial resources to pursue graduate studies for which they are qualified. (BTM,1988,10-31,007,_A)

Policy 7.06 Health Services :

The Board of Trustees of the City University of New York requires all colleges to adopt the minimal standards set forth in the document A Model for Health Services Provision at the University: The Minimal Standards. Colleges will provide health and wellness awareness education, administer and manage the immunization program, maintain referral resources, provide a resting area, and administer first aid treatment that includes over-the-counter medication. (BTM,2000,05-22,009,_B)

The use of student activity fees to support health services shall be limited to the establishment of more comprehensive services. (BTM,2000,05-22,009,_B)

Policy 7.061 SARS-CoV-2 (COVID-19) Vaccination Program:

I. POLICY SUMMARY

The purpose of this policy is to protect the health and safety of The City University of New York (the “University”) community, including its students, faculty, academic appointees, staff, clinical professionals, students, and others who work, live, or learn in any of the University’s locations. The University strongly recommends that all members of the community obtain the COVID-19 vaccine as soon as they are eligible. This policy requires all University Students (as hereinafter defined) attending fully in-person or hybrid courses in any University Facilities and Programs to be fully-vaccinated, subject to limited Exceptions and Exemptions, beginning before the start of the
Fall 2021 term. Students accessing any University facilities will be required to show proof of a negative COVID-19 test. Enforcement of the mandate will be delayed until full Food Drug Administration (the “FDA”) licensure (approval) and widespread availability of at least one
vaccine. Those who do not receive a vaccination on campus or provide proof of vaccination by another provider may be subject to additional safety measures.

II. DEFINITIONS

COVID-19 Vaccination Program: A vaccination program intended to reduce the incidence of SARS-CoV-2 infection and resultant COVID-19 disease in the University community.

Fully Vaccinated: In general, per the Centers for Disease Control and Prevention, people are
considered fully vaccinated: ±
• 2 weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines, or
• 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine
• At the time specified in either the FDA licensure or WHO approval, after the final administration of any other vaccines.

Exception: An Exception to the COVID-19 vaccine mandate based on a person’s sincerely held religious belief, practice, or observance, which includes any traditionally recognized religion as well as beliefs, observances, or practices, which an individual sincerely holds and which occupy in their life a place of importance parallel to that of traditionally recognized religions. Requests for Exceptions must be submitted to authorized campus representatives, who vary by campus and requestor group (https://www.cuny.edu/coronavirus/location-vaccine-authority-contact/ ). A person who is granted an Exception may be required to adhere to compensating or mitigating controls
including additional Non-Pharmaceutical Interventions for the health and safety of the campus community.

Healthcare Location: A collection of buildings and personnel that service academic, clinics, or other locations where preventive, diagnostic, therapeutic, or other interventional physical or behavioral healthcare services are provided to University staff and students, or research participants and any associated educational, research, or administrative facilities and offices. A Healthcare Location does not include student health and counseling centers and refers only to that part of a campus that meets this definition.

Initial Allocation: The period immediately following Emergency Use Authorization or Licensing of COVID-19 vaccine, and extending until the time when there are sufficient supplies of EUA-authorized or Approved COVID-19 vaccine to vaccinate all Students who wish to be vaccinated.

Licensing: The process used by the U.S. Food and Drug Administration to approve commercial distribution of a biological drug like a vaccine.

Location (or University Facility): Any college campus, or facility operated by the University in connection with its research, teaching, public service, or clinical care missions or programs. A Location does not include a property owned by the University but leased to a third party unless (and only to the extent) a University Program occurs at that site.

Location Vaccine Authority (LVA): The office or person responsible for implementing the COVID-19 Vaccination Program for a Location, typically the Vice President for Finance and Administration or the Vice President for Student Affairs at a college campus. The LVA is a senior campus administrator and its records are considered confidential health records for purposes of the University’s privacy policies.

Medical Exemption: An excuse from receiving COVID-19 vaccine due to medical contraindications or precautions recognized by the U.S. Food & Drug Administration (“USDA”) or Centers for Disease Control and Prevention (“CDC”). Requests for Medical Exemptions must be submitted to authorized University representatives, who vary by Location and requestor group
(https://www.cuny.edu/coronavirus/location-vaccine- authority-contact/ ). A person who is granted a Medical Exemption may be required to adhere to compensating controls including additional Non-Pharmaceutical Interventions for the health and safety of the University community.

Non-Pharmaceutical Intervention (NPI): An action, other than getting vaccinated or taking medicine, that members of the University community can take to help slow the spread of COVID-19 and other illnesses. These include, for example, staying home, especially when a person is sick, has a positive COVID-19 test, or when a member of the person’s family or household is sick; quarantining when a person has been exposed to someone else with the illness or has a positive COVID-19 test; avoiding large gatherings; physical/social distancing; wearing personal protective equipment or face coverings; frequent handwashing and cleaning; and asymptomatic (surveillance) and symptomatic testing.

Participation: Receipt of information about COVID-19 vaccine and: (i) receipt of a COVID-19 vaccine at a Location, (ii) obtaining an Approved or EUA-authorized vaccination at an alternative site (e.g., a primary care physician’s office, a public health clinic, a local pharmacy, or a vaccine fair) and providing documentation of vaccine status to the University, or (iii) University approval
of an Exception or Medical Exemption request, documented on an approved Declination Form
[https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/coronavirus/faqs/COVID-19-Medical-Exemption-Form-Template.pdf].
Participation compliance under this policy for those receiving vaccine may require repeat vaccinations or boosters on an annual or recurring basis consistent with FDA- approved labeling and CDC recommendations. Students can also provide verification of a COVID-19 vaccination
by submitting evidence of vaccination through the CUNYfirst portal, the Excelsior Passport. or other digital forms approved by CUNY.

Personnel: University faculty, other academic appointees, and staff working, living, and/or learning on site, including but not limited to visiting, volunteer, without salary, and emeritus/a professors, visiting or volunteer academic appointees, and contract, recall, and emeritus/a employees.

Surveillance Testing Protocol or “STP”: All Students who provide proof of a COVID- 19 vaccination may be subject to mandatory or random periodic testing conducted on a college campus or at a University Facility or Program.

Students: The term “student” has the same meaning as defined in New York Consolidated Laws, Title 7or the Education Laws of New York as such apply to the University, currently: an individual for whom the University maintains student records and who: (i) is enrolled in or registered with an academic program of the University; (ii) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or (iii) is on an approved educational leave or other approved leave status, or is on filing-fee status. The term includes some Trainees, as defined below. It also includes visiting students. It excludes individuals who are not currently living, working, and/or learning at a Location or participating in-person in a University Program.

Trainees: Medical, nursing, and other health professional students and residents, including visiting students and students of externally sponsored educational programs participating in rotations at Healthcare Locations; and undergraduate and graduate students who are volunteering, learning, and/or working in Healthcare Locations, for example at COVID testing/laboratory sites.

University: The City University of New York.

University Program: A program or activity operated by the University to support the University’s teaching or research mission and generally offered exclusively to University Personnel or Students. Examples of covered Programs that may not be conducted at a Location include affiliated third-party study abroad programs and University-sponsored athletics programs.

Vaccine Approval: For purposes of this policy, a COVID-19 vaccine is considered “approved” after the following conditions are met: (i) the U.S. Food and Drug Administration has issued a License for the vaccine; and (ii) the U.S. Centers for Disease Control and Prevention has recommended its administration. However, any vaccine administered under a License or an Emergency Use Authorization
(EUA), or in the case of international students with the approval of the WHO, meets the vaccination requirements of this policy.

Vaccine Information Statement (“VIS”): An information sheet produced by or including information derived from the Centers for Disease Control and Prevention, the New York State Department of Health, or the New York City Department of Health and Hospitals or any of its components, explaining in plain language the benefits and risks of a vaccine to vaccine recipients
(https://www.cdc.gov/coronavirus/2019- ncov/index.html and https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization ).

A VIS generally must be provided to an individual being vaccinated prior to each dose of the vaccine. For purposes of this policy, a VIS may also include U.S. Food and Drug Administration fact sheets for vaccine recipients and caregivers.

Working, Living, and/or Learning on Site: Accessing a University Facility or Program for any work-,research-, or education/training-related purpose (as distinguished from accessing a Healthcare Location to obtain healthcare services as a patient), including living in housing furnished by the University, or using University facilities. Access is not defined by reference to any particular frequency (e.g., daily, weekly, monthly, ad hoc).

III. POLICY TEXT

This policy supplements, and does not replace, existing policies requiring University Personnel, Trainees, Students, patients, and visitors to observe Non-Pharmaceutical Interventions including appropriate use of either personal protective equipment (where required) or face coverings, social and physical distancing, frequent hand-washing and cleaning, and regular surveillance testing.

A. COVID-19 Vaccination Program. All Students attending fully in-person or hybrid courses in any University Facility or Program in connection with their employment, appointment, or educational program must participate in the COVID-19 Vaccination Program by receiving information about the vaccine; and, by the date stated in the accompanying FAQ and posted on the University website,
either (i) being fully vaccinated; or (ii) have received an approved Exception or Medical Exemption and submitting a Vaccine Declination Form [https://www.cuny.edu/wp-content/uploads/sites/4/page- assets/coronavirus/faqs/COVID-19-Medical-Exemption-Form-Template.pdf], as further described below. Students accessing any University facilities will be required to show proof of a negative COVID-19 test if they are not fully vaccinated. Until the time at least one vaccine is fully Licensed and available to anyone who wishes to be vaccinated, participation may be delayed for some or all Students consistent with the procedures described under COMPLIANCE/RESPONSIBILITIES below.

1. Information. All Students shall receive information at the later of the time of course registration, the effective date of this policy, or the beginning of their educational program, at the time of each required vaccination activity, as part of ongoing training and education, or any
combination thereof concerning:

a. The potential benefits of COVID-19 vaccination;
b. The potential health consequences of COVID-19 illness for themselves, family members and other contacts, fellow students, faculty, and the community;
c. Exposure to SARS-CoV-2;
d. The epidemiology and modes of transmission, diagnosis, and non- vaccine infection control strategies (such as the use of appropriate precautions, personal protective equipment or face coverings, and respiratory hygiene/cough etiquette), in accordance with their level of responsibility in preventing COVID-19 infections;
e. The safety profile and potential risks of any COVID-19 vaccine; and

f. Requirements for Participation in the COVID-19 Vaccination Program and consequences of failing
to participate.

The information may be conveyed through any combination of written information statements (e.g., a VIS), verbal communications, or online or in-person training programs, consistent with applicable law and Location policies and practices.

Students with disabilities who require accommodations to access or complete any informational or educational materials or programs should contact their local student affairs or student disability management services office.

2. Receipt of Vaccine. Students may: (i) receive vaccination on site at any Location that offers COVID-19 vaccine; or (ii) provide written documentation to the Location Vaccine Authority or designee of vaccination through an alternative clinical site (e.g., at a private health care
provider’s office, pharmacy, public health clinic, or mass vaccination site).

3. Vaccine Declination. Students who receive an approved Exception or Medical Exemption may decline the COVID-19 vaccine by completing a Vaccine Declination Form [https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/coronavirus/faqs/COVID-19-Medical- Exemption-Form-Template.pdf] and submitting it to the Location Vaccine Authority by the date stated in the accompanying FAQ and posted on the University website, as provided under Compliance/Responsibilities below. A sample Vaccine Declination Form that may be utilized by any Location for this purpose is attached. The following procedures apply to vaccine declinations:

a. Individuals who are not fully vaccinated and do not have an approved Exception or Medical Exemption on a Vaccine Declination Form [https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/coronavirus/faqs/COVID-19- Medical-Exemption-Form-Template.pdf]
will not be cleared to attend fully in-person or hybrid courses in any University Facilities or Programs.

b. Any Students who are not vaccinated may be required to participate in or implement additional NPIs as directed by the LVA or designee to mitigate risk to other Students and the University community whenever they access University Facilities or Programs in person. These may include more frequent and regular asymptomatic testing or STP’s.

c. Any Student with an approved Exception or Medical Exemption may nevertheless decide to become vaccinated. In this case, they are encouraged to discuss their plans with their primary care physicians, or local pharmacies, and may receive the vaccine through any of these and provide documentation of the administration to the LVA or designee.

4. Initial Allocation. During the period of Initial Allocation, Locations are encouraged but not required to mandate full program Participation (see Section IV.C below); however, Locations are expected to comply with applicable legal and policy requirements for providing information to individuals voluntarily receiving vaccine such as the information described in Section III.A.1
above.

B. Superseding Public Health Directives or Health Conditions. In the event a federal, state, or local public health agency with jurisdiction imposes a mandate restricting or eliminating Participation options, the applicable public health mandate will be implemented at the affected Location(s). Inconsistent directives issued by agencies with overlapping jurisdiction should be discussed with the University’s Office of General Counsel and Senior Vice Chancellor of Legal Affairs. In addition, observed spread at a particular location could warrant a change in these policies.

C. Tracking and Reporting

1. The following information must be recorded and tracked by the Location Vaccine Authority or designee in the applicable confidential health record, consistent with University privacy and security policies (Electronic Information Security Policy): date of administration, vaccine type and manufacturer, and site of administration (e.g., University, Pharmacy, PCP, Mass Vaccination Site). Additional information must be recorded when vaccines are administered by the Location (e.g., vaccine lot number, expiration date, name/title of the person administering vaccine, address of the facility where the record of administration will reside, and version of VIS provided).

2. Any adverse events associated with COVID-19 vaccine administered at a Location and reported to the University must be tracked and logged by the LVA or designee and reported to federal and state public health officials using the Vaccine Adverse Event Reporting System (VAERS).

D. Registry and Program Evaluation

1. While vaccine recipients ordinarily are permitted to opt out from registry reporting in the State of New York, the State of New York has mandated that all participating vaccinators report each dose of COVID-19 vaccine administered. Accordingly, the typical opt-out
option does not apply.

2. Individual Healthcare Locations shall, and other Locations may, evaluate Initial Allocation and, thereafter, program Participation, on an annual and ongoing basis, including evaluation of equity and disparities in Initial Allocation and program implementation; as well as reasons identified for non-participation or untimely participation, the number and characteristics of Students not vaccinated, and the reasons given (if any) for declination.

E. Program Implementation and Enforcement

1. Program Participation is mandatory. Individuals eligible for an Exception or Medical Exemption may, after receiving appropriate information about the vaccine, consent to vaccination or submit a completed Vaccine Declination Form [https://www.cuny.edu/wp-content/uploads/sites/4/page- assets/coronavirus/faqs/COVID-19-Medical-Exemption-Form- Template.pdf] to the Location Vaccine
Authority. Declination may require additional compensating controls including additional Non-Pharmaceutical Interventions for the health and safety of the University community, as determined by the Location Vaccine Authority or designee.

2. Program implementation with respect to Students will be handled consistent with the procedural
provisions of the University Student Immunization Policy.

3. Any Students subject to this policy who fail to participate in the COVID-19 Vaccination Program
as described in section E.1 above by the date stated in the accompanying FAQ and posted on the
University website (i.e., by being fully vaccinated or receiving an Exception or Medical Exemption
and submitting a written Vaccine Declination Form)
[https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/coronavirus/faqs/COVID-19-Medical-Exemption-Form- Template.pdf] may be prohibited from attending fully in-person or hybrid courses to any University Facilities or Programs, including University housing.

IV. COMPLIANCE / RESPONSIBILITIES

A. CDC and FDA generally translate VIS into many languages commonly spoken in the State of New York and elsewhere in the United States and post these online. The relevant VIS should be provided to a person receiving vaccine in a language that they understand. In the event relevant VIS translations are unavailable, they should be accompanied when distributed with a document with
taglines such as those approved by the U.S. Department of Health & Human Services to facilitate language access by all affected Personnel, Trainees, and Students. Interpreters should also be made available in person, by video, or by phone during vaccine clinics.

B. Each Location is responsible for: (i) assuring any necessary updates are made to its local
Infectious Diseases/Infection Prevention and Control Programs;
(ii) Enforcing the CUNY-wide established deadlines for COVID-19 Vaccination Program Participation
on an annual or ongoing basis, in consultation with epidemiology and infection prevention experts
and occupational health representatives as applicable and consistent with any supply limitations;
and (iii) assuring implementation of the COVID-19 Vaccination Program at all sites.

1. Each Location, in consultation with the Location Vaccine Authority and others, as appropriate, shall develop and publicly post its plans for Initial Allocation of vaccine and any subsequent periods of shortage, consistent with guidelines and directives published by federal, state, and local authorities, including the ethical principles articulated by the U.S. Advisory Committee on Immunization Practices: (1) maximize benefits and minimize harms; (2) promote justice; (3) mitigate health inequities; and (4) promote transparency.

2. Implementation includes informing Students of the requirement and deadline for program Participation, dates and Locations for on-site administration, and that vaccines will be provided at no cost to recipients.

3. Each Location should implement strategies for vaccine access, including efforts to ensure vaccination availability during all work shifts and to address vaccine hesitancy, particularly among groups at most significant risk for contracting COVID-19 and suffering severe illness.

4. Timing for implementation will depend on timing of Vaccine Approval, recommendations of federal and state public health authorities, and the availability of vaccine from suppliers. As a general matter, the vaccine mandate (subject only to University-approved Exceptions and Medical Exemptions described above), will be effective on the later of: (i) the beginning of the Fall Term; or (ii)
when at least one COVID-19 vaccine is fully Licensed by FDA and available to anyone who wants it. Students are strongly encouraged to get their vaccines before coming to campus.

C. Presidents, Deans, Vice Presidents, Vice Chancellors and leaders at non- campus locations are responsible for implementing this policy. Student affairs leaders and others with responsibility for Students will support program implementation and enforcement.

V. PROCEDURES

Each Location may establish local procedures to facilitate implementation of this policy.

VI. RELATED INFORMATION

Policy 7.07 Intercollegiate Athletics :

1 Academic Eligibility Criteria

Student athletes at the senior colleges must have a minimum cumulative grade point average of 2.0 in order to be in “good academic standing” in order to participate in intercollegiate athletics. Students may participate during their first semester.

It is the responsibility of The City University of New York to ensure that the educational and extracurricular programs of the University are operated in the best interests of students. These academic standards are considered essential for the personal well-being and academic progress of students who take on the additional responsibility of student athletics. These standards are consistent with the University’s requirements for student leadership positions. The National Collegiate Athletic Association (NCAA) allows individual institutions to interpret “good academic standing.”

2 Athletic Conference

City University of New York Athletic Conference is formally established to promote the establishment, maintenance, and implementation of the highest standards of competition, interest, integrity, and efficiency in the administration of intercollegiate athletic activities within the eight member senior colleges and the five member community colleges of the City University. (BTM,1986,03-24,006,_B)

The Athletic Conference will have a board consisting of the athletic directors of the member colleges. The Athletic Conference Board, subject to and consistent with the policies of the Board of Trustees on Intercollegiate Athletics will enact rules and regulations to achieve its purposes, and to provide procedures for enforcement and discipline for violations thereof. (BTM,1986,03-24,006,_B)

The Conference will have two divisions; one for the senior colleges, and one for the community colleges. The senior colleges will be affiliated with the National Collegiate Athletic Association, Division III, and the community colleges will be affiliated with the appropriate regional section of the National Junior College Athletic Association. (BTM,1986,03-24,006,_B)

University colleges may join the Conference upon membership application. (BTM,1986,03-24,006,_B)

Sports may be added or deleted by vote of the Conference Board. The Conference will conduct championships tournaments and/or recognize championships in each sport. (BTM,1986,03-24,006,_B)

The Conference will be administered by a University Athletic Conference Director selected by the Conference Board with the approval of the Council of Presidents Subcommittee on Student Affairs and Special Programs. The Athletic Conference Director will report to the Vice Chancellor for Student Development. A Conference Advisory Committee composed of one senior college president, one community college president, one representative of the University Faculty Senate, one representative of the University Student Senate, one representative of the Office of the Vice Chancellor for Student Development, and the Athletic Conference Director, will meet periodically to provide general advice and counsel to the Conference. (BTM,1986,03-24,006,_B)

Policy 7.071 Law Enforcement Intervention :

BOARD POLICY ON LAW ENFORCEMENT INTERVENTION:

RESOLVED, That a college president, or his/her designee, shall consult with the Chancellor, or his/her designee prior to involving law enforcement agencies during a campus protest, including summoning the police, except in cases of immediate danger to personal safety or to property. In considering such action, the president, or his/her designee, shall make all possible efforts to consult with the student body president(s) and the chair of the faculty governance body. The Chancellor shall endeavor to consult with the student trustee on the president’s intent to call the police; and be it further

RESOLVED, That the Chancellor shall develop a process to be followed by the colleges and the central office prior to calling the police.

(Board of Trustees Minutes,1991,01-28,7,A)

Policy 7.08 Marketing of Credit Cards to Students :

A new state law prohibits the advertising, marketing, or merchandising of credit cards to students on college campuses except pursuant to an official credit card marketing policy. The statute was passed to address an alarming trend in which college students who lack financial management skills are solicited for credit cards on campus and incur significant credit card debt resulting in negative credit histories and sometimes bankruptcy. This policy fulfills The City University of New York’s statutory obligation to adopt an official credit card marketing policy while maintaining the ability of individual colleges to allow credit card marketing on campus under appropriate guidelines. (BTM,2005,06-27,008,_A)

Colleges shall not sell or otherwise make available student lists to credit card companies. The term “credit card companies” as used in this policy includes all financial institutions and any other issuers of credit cards. (BTM,2005,06-27,008,_A)

A college may choose to ban the advertising, marketing or merchandising of credit cards to students on its campus. This policy does not apply to student newspapers. (BTM,2005,06-27,008,_A)

No credit card company may advertise, market, or merchandise credit cards to students, unless they meet substantive criteria established by the college and pursuant to time, place and manner restrictions as are established by the college. Such criteria may include maximum interest rates, credit lines, penalties and fees. (BTM,2005,06-27,008,_A)

Colleges that wish to allow the credit card companies access to their campuses to market credit cards—tabling—may only do so under the following conditions (BTM,2005,06-27,008,_A):

a) Credit card companies shall be prohibited from using marketing tactics such as giving away gifts or other items of value to students who apply for or are granted credit cards. (BTM,2005,06-27,008,_A)

b) Credit card companies shall be prohibited from taking completed applications from students on the campus. (BTM,2005,06-27,008,_A)

Credit card and debt education should be made a regular part of campus programming, including at new student orientation programs. (BTM,2005,06-27,008,_A)

Bookstores shall be prohibited by auxiliary enterprise boards from including credit card applications and brochures with bookstore purchases. (BTM,2005,06-27,008,_A)

Policy 7.09 Behavior-Related Medical Withdrawal and Re-enrollment Policy and Procedures:

Policy 7.09 Behavior-Related Medical Withdrawal and Re-enrollment Policy and Procedures

I. Introduction

The City University of New York (“CUNY”) is committed to the academic success and personal growth of its students. As part of that commitment, CUNY and its constituent campuses are responsible for providing a safe learning and working environment for students, faculty, staff and other members of the University community. As the result of a medical condition, some students may engage in behavior that presents a direct threat of harm to the health or safety of others or substantially disrupts the learning or working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount, and colleges should take reasonable and appropriate security and health and safety measures, such as calling 911 or taking other immediate action in case of imminent threat to a person’s life or wellbeing. In addition, colleges may address the student’s conduct to determine if action under this policy or under the student disciplinary policy is appropriate.

II. Policy

A. This Policy shall apply to any person(s) registered or enrolled in any CUNY course or program offered for academic credit and in any pre-matriculation programs, including but not limited to CUNY Start and CLIP. Students taking online courses provided by or presented at CUNY shall be deemed enrolled for the purposes of this Policy. This Policy does not apply to Hunter College Campus Schools (K-12) or CUNY College Now programs.

B. A college of CUNY may pursue withdrawal of a student from CUNY and/or a college residence hall or require conditions for continued enrollment and/or residence when, as the result of a medical condition, the student’s behavior presents a direct threat to others and/or substantially disrupts the learning or working environment of others. A direct threat means a significant risk of harm to health or safety. Substantial disruption ordinarily means a pattern of disruption, except in the event of a single incident of extreme and severe disruption.

C. In such situations, the college may invoke this policy as an alternative to disciplinary action under Article XV of CUNY’s Bylaws.

D. If the student engages in self-harm and that behavior substantially disrupts the working or learning environment of others, the college may invoke only this policy, not disciplinary action under Article XV.

E. Except in cases requiring an emergency interim removal, colleges first must pursue voluntary withdrawal or, in appropriate cases, continued enrollment of the student subject to specified conditions, rather than involuntary withdrawal under this policy. The voluntary withdrawal or continued enrollment with conditions should be memorialized in a written agreement with the student.

F. A student who withdraws voluntarily or is involuntarily withdrawn from the University and/or a college residence hall pursuant to this policy may apply for re-enrollment to the University and/or to a college residence hall. An individualized determination by the Campus Student Affairs Officer (“CSAO”) or designee must be made in each case, based on relevant medical evidence, as to whether there is a significant risk that the behavior that required withdrawal will be repeated; if not, the student’s application for re-enrollment must be approved, provided the student is academically eligible.

G. Colleges must apply this policy in a nondiscriminatory manner consistent with federal, state and local laws and CUNY policy prohibiting discrimination based on disability. They must make determinations based on a student’s behavior and not on knowledge of a student’s disability or physical or mental condition, except to determine the policy’s applicability.

III. Procedures

A. Emergency Interim Removal

1. If a student’s behavior presents an immediate, severe and direct threat to others (by evidencing a likelihood of harm to others), and/or is substantially disrupting the learning or working environment of others, and the CSAO or designee reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may direct an emergency interim removal of the student that restricts the student’s access to the college’s campus and/or residence hall, as appropriate. The CSAO or designee shall make reasonable efforts to meet with the student and must consult with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, prior to making any such direction.

2. The emergency interim removal from the college and/or residence hall will remain in effect until a final decision has been made pursuant to the procedures below, unless, before a final decision is made, the CSAO or designee determines that the reasons for imposing the interim removal no longer exist.

B. Withdrawal after Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

a. Following a student’s emergency interim removal from the college and/or residence hall, the CSAO or designee must exercise best efforts to meet with the student to discuss the student’s behavior and to hear the student’s explanation of the behavior. If the CSAO or designee determines that voluntary withdrawal or continued enrollment with conditions is appropriate, that official must request that the student agree to such withdrawal or conditional enrollment within seven (7) calendar days of the effective date of the emergency interim removal.

b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, as applicable, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable.

2. Assessment and Involuntary Withdrawal

a. Should the request for voluntary withdrawal or conditional enrollment be refused, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws. Prior to initiating involuntary withdrawal proceedings, the college must follow the assessment procedures outlined below in III B. 2. (b)-(c). Those procedures must be completed within ten (10) calendar days of the student’s refusal.

b. Prior to initiating involuntary withdrawal proceedings, the CSAO or designee should mandate that the student be evaluated, at CUNY’s expense, by a qualified, licensed mental health or other licensed medical professional, as applicable and as approved by CUNY. Whenever possible, the professional should be on retainer to a college of CUNY or CUNY. If a retained professional is not available, the professional may be an employee of a college of CUNY or CUNY, but that professional may not be employed by the student’s college or have had any prior contact with the student. The professional should evaluate whether the student’s behavior presents a direct threat of harm to others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and, if so, whether the student’s behavior may be the result of a medical condition. The professional should submit the evaluation to the CSAO, who, based on that report, and after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, will determine the appropriate next steps.

c. If the student refuses to undergo the assessment, or fails to keep the scheduled appointment, the CSAO or designee must determine the appropriate next steps based on the available evidence after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness.

C. Withdrawal without Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

a. If a student’s behavior evidences a direct threat of harm to others and/or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and the CSAO reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may request that the student voluntarily withdraw or agree to enrollment under specified conditions.

b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable and appropriate.

2. Assessment and Involuntary Withdrawal

a. If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws.

b. Before initiating involuntary withdrawal proceedings under this procedure, the
college should follow the assessment procedures outlined above in III B.2 (b)-(c).

D. Involuntary Withdrawal Procedures

1. A college may initiate an involuntary withdrawal hearing to present evidence of the student’s threatening and/or substantially disruptive behavior and the connection between that behavior and a medical condition. The college may seek remedies of withdrawal or retention with conditions from CUNY and/or the college residence hall.

2. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee and the college will collaborate to schedule a hearing. Notice of the involuntary withdrawal hearing and the time and place of the hearing must be personally delivered or sent by the CSAO or designee of the student’s home college to the student at the address appearing on the records of the college, by overnight mail, and, for students who have a college e-mail address, to that e-mail address. The hearing will be scheduled for a reasonable time after the college’s receipt of the results of the assessment or the student’s refusal to be assessed, as applicable. The hearing will not be scheduled earlier than seven (7) calendar days from the date notice of the hearing is sent to the student, unless the student consents to an earlier hearing.

3. The notice must contain (i) a statement of the reasons involuntary withdrawal is sought (ii) the type of withdrawal sought (from the University and/or from the college residence hall); and (iii) a statement that the student has a right to present the witnesses and evidence, to cross-examine witnesses presenting evidence against the student, to remain silent without assumption of responsibility, and to be represented by legal counsel or an advisor at the student’s expense.

4. CUNY will constitute a Health Review Panel, comprised of qualified, licensed mental health professionals employed by a college of CUNY or by CUNY, or on retainer to a college of CUNY or CUNY. Committee members may not be employed by the College where the student has been enrolled, nor may they have had any prior contact with the student. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee will appoint the members of the Health Review Panel. Members of the Health Review Panel, in committees constituted separately for each hearing (“Health Review Committee”), will be responsible for adjudicating all involuntary withdrawal hearings held according to these procedures. For each involuntary withdrawal hearing, the Vice Chancellor for Student Affairs and Enrollment Management or designee will constitute a three-person Health Review Committee from the Health Review Panel to adjudicate at that hearing. The Health Review Committee shall make decisions by majority vote.

5. A student is permitted one (1) adjournment as of right. Additional requests for an adjournment must be made at least five (5) calendar days prior to the hearing date, and shall be granted or denied at the discretion of the Health Review Committee. If the student fails to respond to the notice, appear on the adjourned date, or request an extension, the College may proceed in absentia, and any decision shall be binding.

6. The hearing will be closed, unless the student requests an open hearing. However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented.

7. The CSAO or designee will appoint/identify a presenter to present evidence on behalf of the college. After the evidence is presented by the parties at the hearing, the Health Review Committee will determine whether the college has proved, by a preponderance of the evidence, (i) that the student’s behavior occurred; (ii) that the behavior presents a direct threat of harm to others, and/or has substantially disrupted the learning or working environment of others and presents a significant risk of threatening further substantial disruption of the learning or working environment of others, and (iii) if the behavior was the result of a medical condition. The Health Review Committee will further determine the appropriate remedy in cases in which the college prevails. The Health Review Committee may also set reasonable and appropriate conditions on re-enrollment. The Health Review Committee must send its written decision to the student via overnight mail and, if applicable, the student’s college email address, within seven (7) calendar days from the close of the hearing. A decision of involuntary withdrawal of the student from CUNY and/or the college residence hall will be effective on the date that the decision was sent to the student.

8. If the Health Review Committee determines that the standard for involuntary withdrawal has not been met, the CSAO or designee shall assist a student previously placed on emergency interim removal to resume academic studies and habitation in a residence hall, if applicable.

E. Appeals

An appeal from the decision of the Health Review Committee may be made to the President of the student’s home college within fifteen (15) calendar days after the decision was sent to the student. The President or designee must make a determination on the appeal within fifteen (15) calendar days from receipt of the appeal. The designee must not have had prior involvement with the student’s case. The President’s (or designee’s) decision may be appealed to the Chancellor of the University within fifteen (15) calendar days after the delivery of the President’s decision on appeal. The Chancellor (or designee) must make a decision within fifteen (15) calendar days from receipt of the appeal. The Chancellor’s (or designee’s) decision will be final. The bases for overturning a decision of the Health Review Committee at both levels of review are limited to the following: (i) clearly erroneous factual findings; (ii) significant procedural error; (iii) newly available evidence that would have changed the outcome; (iv) the remedy and/or conditions on re-enrollment were unreasonable or inappropriate.

F. Re-enrollment

1. A student who voluntarily withdraws or is involuntarily withdrawn from CUNY and/or a college residence hall under this policy must be considered for re-enrollment.

2. A student wishing to be considered for re-enrollment should contact the student’s home college’s CSAO in accordance with the college’s re-enrollment deadline, and provide appropriate documentation of behavioral change and resolution of the initial behavioral problem, including compliance with any conditions that may have been set for re-enrollment.

3. A student may apply for re-enrollment to the University and/or a college residence hall no more than one time per term. A student may not apply for re-enrollment for the same semester they have voluntarily withdrawn or been involuntarily withdrawn.

4. In assessing an application for re-enrollment, the CSAO or designee must make an individualized determination in each case. The CSAO or designee should (i) receive, investigate, and examine appropriate relevant documentation, including assessments made by college-referred licensed mental health or other licensed medical professionals, as applicable, and, if applicable, licensed treating mental health or other licensed treating medical professionals; (ii) in cases in which the CSAO or designee determines that an additional mental health or other medical assessment is necessary, refer the student for assessment to a qualified, licensed mental health or other licensed medical professional, as applicable, at CUNY’s expense and as approved by CUNY; (iii) provide an opportunity for the student to meet with the CSAO or designee to discuss re-enrollment.

5. If based on the evidence presented, there is not a significant risk that the behavior that required withdrawal will be repeated, and provided the student is academically eligible, the CSAO or designee must approve the student’s application for re-enrollment. In such cases, the CSAO or designee must initiate the re-enrollment process, provide the student with written conditions for continued attendance, and inform any relevant administrators of the student’s re-enrollment.

6. If the CSAO or designee determines that the application for re-enrollment should be denied, that official must provide the student with a written explanation of the reasons for the denial and specify when the next request for re-enrollment will be considered.

7. A student may appeal the CSAO or designee’s denial of re-enrollment to the college President within thirty calendar days after the delivery of the decision denying re-enrollment. The President (or designee) must make a determination on the appeal within thirty calendar days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor’s (or designee’s) decision must be made within thirty calendar days from receipt of the appeal. The Chancellor (or designee’s) decision will be final. The basis for overturning a decision on appeal at either level will be limited to a determination that the decision on re-enrollment was clearly erroneous.

G. Effect on Academic Status

In the event of a withdrawal pursuant to this policy, a notation of withdrawal ordinarily should appear on the student’s transcript for all classes taken during that semester. The CSAO at a student’s home college may grant a student request that, in lieu of withdrawal, a notation of incomplete appear on the student’s transcript for classes taken during that semester if and only if there is a reasonable prospect that the student will eventually complete such classes, subject to faculty approval for each such class. Regardless of the notation that appears on a student’s transcript, the CSAO of the student’s home college must inform the Vice Chancellor for Student Affairs and Enrollment Management of the student’s withdrawal in order to effectuate a hold by the University Application Processing Center on the student’s ability to transfer or otherwise seek admission to another college of CUNY and to establish a Universal Service Indicator on CUNYfirst to prevent enrollment at another CUNY campus until such time as the student’s re-enrollment is approved.

H. Effect on Housing Status

If the student has been living in a college residence hall and is removed from the residence hall, the student’s contract will be canceled and fees refunded on a prorated basis.

I. Refund of Tuition

In its discretion, a college may refund a student’s tuition and fees for the semester if the student voluntarily withdraws from the college.

J. Confidentiality

The results of examinations by mental health or other medical professionals to whom students are referred for assessment at any stage in the withdrawal or re-enrollment process are confidential. They may only be shared with the officials referenced above in B 2.b or if necessary to prevent an imminent, severe, and direct threat of harm to the student and/or others. The results of those examinations will be admissible in involuntary withdrawal hearings but will not be admissible in disciplinary hearings, unless the student raises health issues, including mental health, in a disciplinary hearing. (BTM,2007,06-25,7,C. Revised: BTM, 2021, 10-25, 6,A)

Policy 7.091 This Policy Number Not in Use :

This policy number not in use.

 

Policy 7.10 Accommodations Policy:

Policy 7.10 Effecting Reasonable Accommodations and Academic Adjustments Procedures Relating to Accommodations and Accessibility for Students
The City University of New York (“CUNY”) is committed to providing reasonable accommodations and academic adjustments that allow qualified individuals with disabilities the opportunity to participate in programs and activities of the University. This document sets forth the policies and procedures relating to requests from students with disabilities under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and various provisions of New York state law.
I. Definitions
A. ADA: The Americans with Disabilities Act (“ADA”) guarantees individuals with disabilities access to employment, public accommodations, transportation, public services, and telecommunications and provides such individuals with civil rights protections. Title II of the ADA, which applies to public entities such as CUNY, prohibits discrimination on the basis of a disability in all services, programs, and activities provided to the public by state and local governments.
B. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities in federally funded programs and activities.
C. Disability: Any physical, medical, mental or psychological impairment, or a history or record of such impairment, that constitutes a disability under applicable federal law, New York State Human Rights Law Section 292(21), and New York City Human Rights Law Section 8-102.
D. Qualified Individual with a Disability: A qualified individual with a disability is a student who meets the academic and technical standards required for admission or participation in the chosen program with or without a reasonable accommodation or academic adjustment.
E. Academic Adjustments: Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires CUNY to provide academic adjustments to qualified students with
disabilities by (a) modifying academic requirements unless such requirements are essential to the instruction being pursued or to any directly related licensing requirement; (b) ensuring that course examinations for students with disabilities reflect their achievement in the course and not their disabilities; (c) taking steps to ensure that a qualified student is not excluded from participation or discriminated against because of the absence of educational auxiliary aids; and (d) ensuring that no rules have the effect of limiting the participation of students with disabilities in any educational program or activity.
F. 504/ ADA Coordinator: Each College or unit at CUNY, including the University’s Central Office (the “Central Office”), has a 504/ADA Coordinator whose contact information is available on the College or University website. The 504/ADA Coordinator is responsible for ensuring that disability accommodation requests from students are processed in accordance with CUNY procedures, addressing appeals of accommodations/academic adjustment decisions through mediation or investigation, as necessary, monitoring the CUNY College or unit for 504/ADA compliance, collecting data, and providing information and guidance.
G. Accessibility or Disability Services Office (DSO):
Each CUNY college or unit has an Accessibility or Disability Services Office (DSO) with a director or a campus designee who coordinates the provision of reasonable accommodations and support services for students with disabilities. Students’ needs for reasonable accommodations and support services are verified by these offices after engaging in the interactive process.
H. Interactive Process/Cooperative Dialogue: The interactive process is when a decision-maker at the campus works with the student to identify existing barriers to the student’s access to academic and non-academic programs and activities at the campus with the intention of finding an academic adjustment or reasonable accommodation to address those barriers.
I. Reasonable Accommodation: For qualifying students, reasonable accommodations are adjustments to policy, practice, and programs that provide equal access to CUNY’s academic and non-academic programs and activities
regardless of disability status. Reasonable accommodations are addressed on a case-by-case basis.
J. NYS IT Accessibility Policy: This New York State policy identifies the minimum accessibility requirements to ensure that Information and Communication Technology (“ICT”) and certain websites developed, procured, maintained, or used by State Entities are accessible to people with disabilities. nys-p08-005-accessibility-of-information-communication-technology.pdf
K. Undue Hardship: An undue hardship is an action that would require significant difficulty or expense when considered in light of a number of factors, including the nature and cost of the accommodation in relation to the size, resources, nature and structure of the institution’s operation, or an action that would fundamentally alter policy and procedures, the nature of a job function, and/or the fundamental nature of the academic program. An accommodation need not be granted where it would impose an undue hardship on the College or the University. If a particular accommodation imposes an undue hardship, the College or unit should consider whether an alternative accommodation is available that would not impose an undue hardship.
II. Reasonable Accommodations and Academic Adjustments for Students
Reasonable accommodations and academic adjustments may include, but are not limited to, providing the student with assistive technology or other auxiliary aides, extra time for tests or assignments, accessible classrooms and furnishings, class notes, or permission for a student’s personal aide to be in the classroom. The student with disabilities must be consulted during the interactive process to identify the appropriate accommodation that meets their needs. Consultation should begin as soon as practicable in advance of the commencement of a course or need for accommodation.
Faculty, staff, and student are vital partners in the accommodations process and shall collaborate with the Disability Services Office (DSO) on their campus to facilitate the provision of reasonable accommodation and ensure equal access for all students. Faculty and staff members will receive notification of approved accommodations for their students. When questions arise, including those regarding the appropriateness of an accommodation with respect to a specific course, faculty and staff shall contact the DSO, not the student in question, for further guidance.
A. Qualified Learning Assistants (QLAs)
When qualified learning assistants (QLAs) (e.g., notetakers, scribes, etc.) are identified as necessary pursuant to the reasonable accommodations process, the individual hired or engaged must have the appropriate skills to meet the access and academic needs of the relevant student with disabilities. In some cases, QLAs with heightened skill sets will be needed, and an escalation in compensation may be required to attract suitable candidates.
Job listings that identify the requisite skills and training for a QLA shall be posted within five business days of the relevant request for reasonable accommodation. All QLAs shall be identified as soon as practicable, but by no later than the first day of the course or within two weeks after a request is made, whichever is later. The relevant student shall be consulted in the selection process to the greatest extent practicable.
The University Office of Student Affairs shall establish and publish annually a framework for identifying and escalating compensation for QLAs to ensure payments remain competitive and are sufficient to draw individuals with the necessary skills. Compensation may range from letters of recommendation, certificates of recognition for service, stipends and hourly wages based on requirements and expertise.
B. Accessible Course Material and Instructional Technology
Course materials and instructional technology must be made accessible to qualified individuals with disabilities enrolled at CUNY. Course materials may include, but are not limited to, documents, books, videos, and recordings. Instructional technology used during a course, including third-party and online learning products, platforms, and applications, must also meet accessibility requirements as outlined under NYS IT Accessibility Policy and other state and federal law. All course materials are expected to be available through the University’s Learning Management System wherever practicable.
When necessary, the DSO Director or their designee should contact the relevant instructor, Department Chair, or Dean to determine how materials are used within a specified course. If no fully accessible version of course material is practicably available, the Director shall take all necessary steps to secure a reasonable alternative format, technology, or process as soon as possible in consultation with the student.
Accessible course materials must be provided as soon as practicable after a request, but by no later than the first day of a course or two weeks from the date a relevant request was made, whichever is later.
C. Accommodations based on Pregnancy, Childbirth or a Related Medical Condition.
Students requesting an accommodation or academic adjustment based on pregnancy, childbirth or a related medical condition should contact the campus DSO. Reasonable accommodations or academic adjustments may include, but are not limited to, granting
leaves of absence, providing take-home tests to students who are on bedrest or homebound, allowing make-up tests and assignments, or scheduling a meeting with the instructor to review missed content.
III. Process and Timeline for Requests for Reasonable Accommodations and Academic Adjustments
Students seeking accommodations or academic adjustments should contact the DSO at the CUNY College or unit they attend. Contact information is available on the college websites. Students who are unable to secure prompt assistance with accommodations requests alternatively may submit a complaint through the Accessibility Complaint Form.
Students may be asked to complete an intake form and provide supporting documentation to establish a qualifying disability and the need for reasonable accommodation.
The DSO Director, or a designee, and the student will engage in an interactive process, which may include consideration of several factors, such as the student’s limitations and the academic or program requirements, with the goal of finding an acceptable accommodation or academic adjustment. The DSO Director, or a designee may, when necessary and in a confidential manner, consult with appropriate college officials, such as the instructor or Provost, to determine program requirements and appropriate accommodations.
A grant or denial of an accommodations request must be made as soon as practicable taking into account the urgency of the request, but by no later than ten business days after the student is confirmed as a qualified individual with a disability. The grant or denial must be sent to the student in writing, either stating the accommodation or academic adjustment to be provided or the reason(s) the request was denied.
IV. Appeal of Disability Accommodation Decisions Students may appeal determinations concerning requested accommodations and academic adjustments by filing a written complaint with the 504/ADA Coordinator on their campus within ten business days of the date of the decision.
The 504/ADA Coordinator, or a designee, will try to resolve the issues between the student and the College to find an appropriate accommodation. If a mutually acceptable accommodation cannot be determined, the 504/ADA Coordinator, or a designee, will make a recommendation to the College President. The College President will render a decision as soon as practicable, but no later than ten business days of the date of receipt of the appeal. This decision shall be provided to the student in writing.
The student may also exercise rights available under law, including, but not limited to, filing a complaint with the United States Department of Education’s Office for Civil Rights (“OCR”).
V. Prohibition of Retaliation
CUNY prohibits retaliation against individuals for requesting reasonable accommodations or academic adjustments, appealing decisions concerning such requests, or for making or participating in claims of discrimination. Students may submit a report regarding discrimination or retaliation using the CUNY University-wide Discrimination and Retaliation Reporting Portal.
VI. Confidentiality
All requests for accommodations and academic adjustments, and all supporting documentation, including but not limited to medical information, are considered confidential and will be shared with college officials only on a need-to-know basis. Student accommodation documentation will be kept secure in the Accessibility or Disability Services Office or the Office of Student Affairs.
(Board of Trustees Minutes, 2024, 2-13, 5-B4)

Policy 7.11 Records Access Policy :

The City University of New York and its constituent colleges and other units shall be in full compliance with the Federal Education Rights and Privacy Act (FERPA), and its implementing regulations. (BTM,1998,01-26,007,_A)

That appeals concerning alleged failures by any college or other educational unit to comply with the requirements of FERPA may be made to the General Counsel and Vice Chancellor for Legal Affairs within 30 days of the alleged failure to comply, and appeal decisions shall be submitted to the Board Committee on Student Affairs and Special Programs for its approval, with the student having the opportunity to submit a response. (BTM,1998,01-26,007,_A)

This policy supersedes the Student Records Access Policy adopted by the Board on 23 April 1976, Calendar No. 6.E. (BTM,1998,01-26,007,_A)

FERPA was enacted in 1974, and for years was popularly known as the “Buckley” amendment, and most recently amended by the Improving America’s Schools Act of 1994. FERPA imposed obligations on the colleges to establish policies in order to permit college students the right to inspect and review their educational records, the right to request the amendment of a record believed to be inaccurate or misleading, and the right to consent to disclosure of personally identifiable information in educational records, with some exceptions to the extent FERPA authorized disclosure without prior consent. Revised regulations, issued this past year by the United States Department of Education to implement the 1994 statutory amendments, have eliminated the requirement that educational institutions have a written policy regarding access, disclosure, and challenges of educational records. Instead, the colleges will be required to include additional information in their annual notification of rights to students. (BTM,1998,01-26,007,_A)

The repeal of the Board’s Student Records Access Policy will eliminate a policy which, in essence, reiterates the federal regulations, and will eliminate the technical need for the Board to amend its policy each time the federal regulations are amended. (BTM,1998,01-26,007,_A)

In order to assure compliance with FERPA, the Office of the General Counsel and Vice Chancellor for Legal Affairs will issue annual advisory memoranda on the requirements of FERPA, rights of appeal, the annual notification of students’ rights concerning educational records, and the components of directory information which may be released without prior consent. The provision for appeals to that Office will further promote uniform compliance with FERPA within the University prior to parties exercising their statutory right of appeal to the Family Policy Compliance Office of the U.S. Department of Education. (BTM,1998,01-26,007,_A)

Policy 7.111 Residence Hall Disciplinary Procedures :

CUNY RESIDENCE HALL DISCIPLINARY PROCEDURES

I. Introduction

These procedures are intended to apply to all CUNY- owned and/or – operated residence halls (referred to as “CUNY residence halls.”) CUNY- owned buildings refers both to buildings operated by CUNY as the owner and those owned by CUNY but operated by a private company on behalf of CUNY. CUNY- operated buildings are buildings for which CUNY is responsible for the management of the building, regardless of whether CUNY owns the building. The purpose of these procedures is to protect the health and safety of the entire residence hall community. These procedures provide for discipline of students who live in residence halls who violate the rules governing student conduct applicable to CUNY students. At the same time, these procedures are designed to ensure that the due process rights of student residents accused of engaging in inappropriate conduct are respected.

II. Applicable Rules of Conduct

All students who live in CUNY residence halls are expected to behave lawfully and responsibly. They are expected not to engage in conduct that threatens or causes harm to others or interferes with the working or learning environment of others. All resident students must comply with local, state and federal laws, including the Henderson Rules (N.Y. State Education Law, Article 129-A) and with CUNY and College policies. In addition, each CUNY residence hall should have written rules that are distributed to residents governing appropriate conduct in the residence hall. Students who violate their residence hall’s rules concerning behavior in the residence hall will be subject to discipline under these residence hall disciplinary procedures.

To the extent that the conduct at issue also violates local, state or federal law (including the Henderson Rules) or other CUNY or College policies, a student will be subject to discipline under Article XV of CUNY’s Bylaws (“Article XV”) as an alternative to disciplinary proceedings invoked under these residence hall procedures. In cases in which the conduct is serious and the sanction might involve suspension or expulsion from the University, rather than a sanction solely relating to future conduct and tenure at the residence hall, Article XV procedures should be invoked instead of residence hall disciplinary procedures. Further, in all cases involving a possible violation of CUNY’s Sexual Misconduct Policy (cases involving alleged sexual misconduct, including cases of sexual harassment, gender-based harassment, or sexual violence), the cases must be reported to the applicable CUNY College’s Title IX coordinator for applicable interim measures, investigation and potential discipline under Article XV.

Further, if a student’s conduct threatens harm to him or herself or others or substantially disrupts the learning or working environment of others, and is connected to a mental health or other medical issue, that conduct should be addressed under CUNY’s Medical Withdrawal and Re-entry Policy and Procedures (“Medical Withdrawal Policy”).

III. Emergency Situations

A. Emergency interim removal

If a resident’s behavior presents an immediate, severe and direct threat to him or herself or others (by evidencing a likelihood of harm to him or herself or others), or is substantially disrupting the learning or working environment of others, the Residence Hall Director (“RHD”) may remove the resident from the residence hall for a period not to exceed seven business days, pending the results of administrative proceedings or, where mental health issues are present, psychological evaluation. The RHD must consult with the College’s Chief Student Affairs Officer or designee and Chief of the Department of Public Safety or designee before deciding on and effectuating such removal unless the situation presents an immediate danger. If the need for removal is immediate, the RHD must consult with the above-referenced College officials as soon as practicable following such removal.

The fact that a resident has threatened to commit or attempted to commit suicide, however, may not, in and of itself, be used as the basis for an emergency interim removal. In such a circumstance, the RHD should contact the College’s Chief Student Affairs Officer or designee, who shall arrange for the resident to be referred to a mental health professional under the Medical Withdrawal Policy for an assessment of whether the resident presents a direct threat to him or herself or others.

Following an emergency interim removal of a student, the next step in the applicable and appropriate process (either under these procedures, the Medical Withdrawal Policy, or Article XV) should be taken as soon as soon as practicable, and in no event later than the time deadlines outlined in the applicable policy.

B. Emergency interim relocation

A student may be relocated from one area of a residence hall to a different location in that building or, if applicable, to a different building in the complex. Room relocation may also be imposed as an interim measure under CUNY’s Sexual Misconduct Policy.

This relocation may be made permanent or temporary until a permanent space is located by the residence hall staff. The interim relocation shall become immediately effective without prior notice whenever there is evidence that the student’s continued presence in the current residence poses a significant disruption to other persons or property or to the stability and continuance of normal housing functions.

Following an emergency interim relocation of a student, the next step in the applicable and appropriate process (either under these procedures, the Medical Withdrawal Policy, or Article XV, including in cases involving alleged sexual misconduct) should be taken as soon as soon as practicable, and in no event later than the time deadlines outlined in the applicable policy.

IV. Disciplinary Procedures in the Residence Hall

A. Role of the Residence Hall Director

Each residence hall, whether managed directly by a CUNY college or by a private management company, will have a director (“RHD”), whose responsibilities will include oversight of the residence hall internal disciplinary process. The RHD may conduct investigations of complaints, mediation conferences, and disciplinary hearings under these procedures. If the RHD is involved in the investigation or attempted mediation of a case, he or she may not also adjudicate the case if it goes to a hearing. In that event, the RHD shall designate another residence hall professional staff member to conduct the hearing.

B. Complaint and Investigative Process

A complaint of a violation of a residence hall, College or CUNY policy may be submitted by anyone, including resident advisors (“RAs”), residence hall staff, or other staff or students including guests in the residence hall. The complaint must be in writing. Intentionally providing false information is a serious offense that will subject a person providing such intentionally false information to disciplinary action. Further, retaliation of any kind against witnesses or other participants in the investigative process is strictly prohibited and may result in separate disciplinary action.

If the complaint involves sexual misconduct because it alleges harassment, gender-based harassment, or sexual violence, the case must be reported to the applicable CUNY College’s Title IX coordinator for investigation and for potential discipline under Article XV. In all other cases, the complaint should be submitted to the RHD or designee for investigation, with a copy provided to the College’s Chief Student Affairs Officer. The RHD or designee will assess the incident and identify any alleged policy violations. If he or she determines that policies may have been violated, he or she will investigate by interviewing witnesses and gathering relevant documents. Investigations should be completed within thirty days, except that they must be completed within seven days if the student has been removed from the residence hall under the emergency interim removal procedure or if the student has been relocated within the residence hall or complex under the emergency interim relocation procedure.

After the investigation has been completed, the RHD or designee will determine if residence hall, CUNY and/or College policy was violated. If so, and if the matter is not referred to the College’s Chief Student Affairs Officer, the RHD or designee will refer the incident for informal mediation through the residence hall’s procedures. Alternatively, in the event of a determination (in consultation with the College’s Chief Student Affairs Officer) that the matter presents a serious violation of CUNY and/or College policies (including but not limited to the Henderson Rules) for which the appropriate sanction might involve suspension or expulsion from the University, the RHD or designee will refer the case to the College’s Chief Student Affairs Officer for all further action under Article XV of CUNY’s Bylaws or, if applicable and appropriate, the Medical Withdrawal Policy.

C. The Mediation Process

The first step in the mediation process ordinarily should be a meeting between the accused student (“respondent”) and the RHD or designee. In cases involving minor infractions, a policy clarification notice letter may be sent in lieu of initiating the mediation process. Should the student wish to contest the policy clarification letter and engage in mediation instead, the student must send a written request for mediation to the RHD within five business days from receipt of the policy clarification letter.

The RHD or designee will conduct the mediation conference. At the conference , the findings of the investigation will be discussed with the student with an effort toward resolving the case. There are three potential outcomes to mediation. First, the case may be resolved by mutual agreement, which may include the imposition of sanctions for violations of policy (if a student admits responsibility for such violations). Second, if no agreement is reached, the matter may proceed to a formal disciplinary hearing under these procedures. Third, if the student effectively demonstrates that the investigation’s findings are incorrect, the allegations may be dismissed as unfounded.

Failure to attend an assigned mediation conference may result in the student being charged with an additional violation of residence hall rules and the scheduling of a disciplinary hearing.

D. Disciplinary Hearing

1. Notice to Students

Notice of the charge(s) and the time and place of the hearing must be sent to the student’s college e-mail address and, by regular mail or hand delivery, to the student’s residence hall address or by regular mail to the student’s other current resident address, if the student is no longer living in the residence hall (or, if unknown, the student’s permanent home address). The notice must contain a summary of the student’s procedural rights at the hearing, as listed below. The student should be given a minimum of seven calendar days notice of the date of the hearing.

2. General Rules

In general, the model for the disciplinary hearing is an administrative proceeding, not a criminal or civil trial. Accordingly, criminal or civil trial procedures and rules of evidence do not apply. As long as the student rights outlined in this policy are observed, the Hearing Officer will have considerable discretion with respect to procedural requirements so as to facilitate a fair and expeditious decision.

Hearings will be closed to the public, except that an open hearing may be held, at the discretion of the presiding adjudicator(s), if requested by the respondent. The case against the respondent will be presented by the RHD or designee. The RHD may serve as the Hearing Officer for the case if he or she were not involved in the investigation or attempted mediation process. In the event of prior involvement in the case by the RHD, a residence hall or student affairs professional staff member with no prior involvement will be the Hearing Officer.

The Hearing Officer will inform the respondent of the charges, the hearing procedures, and his or her rights. The student shall then be asked for a plea of “responsible” or “not responsible.” If the student pleads “responsible,” he or she will be given an opportunity to explain his or her actions and to discuss the appropriate sanction, if any. If the student pleads “not responsible,” the hearing will proceed to determination on the student’s culpability. The Hearing Officer will determine whether the student is responsible by reviewing the evidence presented and applying a preponderance of the evidence standard.

If the respondent does not attend the hearing, and does not present a reasonable excuse for non-attendance to the RHD or designee, the hearing may be held in the student’s absence. The Hearing Officer will consider the evidence and make a determination based on the evidence available. The absence of a student may give rise to an inference of responsibility, but may not be treated, by itself, as sufficient to demonstrate responsibility by a preponderance of the evidence.

3. Summary of Student Procedural Rights at the Hearing

• The right to a confidential, closed hearing.

• The right to present the student’s version of the incident.

• The right to present witnesses and documentary evidence on the student’s behalf.

• The right to cross-examine witnesses presenting evidence at the hearing.

• The right to receive copies of documents introduced into evidence at the hearing.

• The right to be represented by legal counsel or an advisor at the student’s expense; the advisor does not act as an advocate for the resident and is not authorized to address the Hearing Officer. The advisor must indicate relevant professional affiliation (if any), as well as name and relationship to the respondent. RAs are not permitted to serve as advisors to respondents. The process will not be delayed due to the unavailability of an advisor.

• The right to take written notes during the hearing, but not to use recording devices. The RHD’s office, however, will be responsible for recording the hearing, and must make a copy of that recording available to the student upon request.

• The right to a written decision based on a preponderance of the evidence.

• The right to appeal a determination after a hearing.

4. Witnesses

The respondent and the residence hall staff member presenting the case each may present witnesses. Witnesses may participate in the process by answering questions posed during the hearing or by providing a signed statement. Witnesses will be asked to affirm that their statements are truthful. Questions may be posed to witnesses by the Hearing Officer, the respondent, and the professional staff member presenting the case against the student.

5. Documentary Evidence

Respondents may introduce documentary evidence on their behalf at the hearing. CUNY adheres to federal law, the Federal Education Rights and Privacy Act (“FERPA”), which governs the permissible release of “education records.” Education records include records relating to students’ residency in residence halls. Except in emergency situations or for other good cause, requested copies will be provided to a respondent prior to a disciplinary hearing on that student’s case. However, redactions will be made to the copies if required by law.

6. Determination

a. Responsibility

Once all of the evidence is presented, the hearing will be adjourned for the Hearing Officer.to make a determination. A student will be found responsible for a violation of residence hall rules if the case against the student was demonstrated by a preponderance of the evidence. In other words, the evidence must demonstrate that it was “more likely than not” that the respondent was responsible for a violation.

A written decision will be issued and appropriate sanctions, if any, imposed, within ten calendar days from the date of the hearing. The decision will be sent by the RHD by regular mail to the respondent’s residence hall mailbox or delivered by hand to the respondent’s room and to the student’s college e-mail address. In the event that the respondent is no longer residing in the residence hall, the RHD will send the decision to the student’s new address, or, if unknown, to the student’s permanent home address.

b. Educational Requirements and Sanctions

Students who are found responsible for a violation(s) may be subject to one or more educational requirements and/or sanctions. Respondents may also agree to educational requirements and/or sanctions in order to resolve a case during the mediation process. The following is a list of possible requirements and sanctions.

Educational requirement: Mandate that the student complete an educational program relevant to the violation, with the possibility of imposition of sanctions if the student fails to complete the program.

Warning: Written notice that the student has violated a rule and that continuation or repetition of the wrongful conduct may result in more severe disciplinary action.

Housing Probation: Imposition of a sanction that is deferred for a period of time and then expires, unless the student continues or repeats the wrongful conduct.

Loss of Privileges: Exclusion from participation in privileges for a specified period of time, including possible exclusion from certain areas of the residence hall.

Relocation: Interim or permanent relocation to another room/location within the hall.

Restitution: Reimbursement for damage to or misappropriation of property. It may also include restoring the property to its original condition, engaging in activities related to personal and/or academic growth and reflection, and/or providing service to the residence hall community.

Denial of Renewal: Denial of renewal option for future residence at the hall.

Residence Hall Suspension: Exclusion from the residence hall for a specified period of time, after which the student is eligible to return. It may also include specified conditions for re-admission. The student will have no access to the building during the period of suspension.

Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of a student’s housing or license agreement, as applicable. Following dismissal, the student will have no access to the building.

E. Appeal

Students found responsible for violations after a disciplinary proceeding may submit a written appeal (via their email account or by regular mail) to an Appeal Officer within ten calendar days of the date of the decision. The Appeal Officer shall be the RHD, as long as he or she was not involved in an earlier stage of the proceedings at the Hearing or Mediation, and did not conduct the investigation. If the RHD had involvement with the case at an earlier stage, he or she should designate a staff member to decide the appeal. If there are no residence hall staff members who have not been involved in an earlier stage of the proceeding or investigation, the appeal will be decided by the College’s Chief Student Affairs Officer or designee. If the sanction imposed is suspension or dismissal from the residence hall, the appeal shall be made directly to the College’s Chief Student Affairs Officer or designee and not to the RHD or other residence hall staff member, even if they were not involved in the case at an earlier stage.

Unless the student has been subject to emergency interim removal or the written determination after the proceeding states that the student presents a direct threat to him or herself or others (by evidencing a likelihood of harm to him or herself or others), or is substantially disrupting the learning or working environment of others, the student may not be removed from the residence hall while his or her appeal is pending.

The appeal should include a written statement outlining the specific issues for which review is sought, and the grounds upon which exception is taken to the determination. Grounds for appeal are limited to the following:

• There is evidence that was not available at the hearing which, had it been available, would in all reasonable likelihood have produced a different finding on the student’s responsibility for the alleged violation(s).

• The factual findings are “clearly erroneous” based on the evidence presented.

• There was a substantial procedural irregularity.

• The sanctions imposed are grossly disproportionate to the violation.

The Appeal Officer may either schedule a meeting with the student or decide the appeal solely on the content of the letter. The Appeal Officer may alter the findings if they are clearly erroneous, may reduce the sanctions imposed if they are disproportionate to the violation, and/or, in some cases, may remand for additional fact-finding to be made at a hearing. A determination on the Appeal should be issued within ten calendar days from the date of receipt of the appeal, and it should be mailed by regular mail or hand-delivered to the resident’s residence hall address (or the resident’s current address, if no longer living in the residence hall, or, if unknown, to the resident’s permanent home address) and the resident’s college e-mail address. The Appeal Officer’s determination shall be final and not subject to further appeal.

(Board of Trustees Minutes,2015,06-29,6,B)

Policy 7.12 Retention and Graduation :

Each college shall take all necessary steps to ensure that courses required for the completion of degree requirements be offered in sufficient number and with sufficient frequency to guarantee that qualified students maintaining full-time status and good academic standing are able to complete all program requirements within the minimum timeframe specified for their degree.

All students shall be provided with well-designed academic advisement and coordinated academic course schedules. The colleges shall utilize collaborative arrangements among campuses that include the use of educational technology, and other means by which students’ programmatic needs can be satisfied.

Policy 7.13 Salk Scholarships :

1 Eligibility

Undergraduates and graduates of the colleges of The City University of New York who have received an acceptance for admission in September 1968 or thereafter to an American Medical School as candidates for the MD, the Ph.D. or D.Sc. degree shall be eligible for a Salk Scholarship with stipend or an honorary Salk Scholarship without stipend. (BTM,1971,12-20,002,__)

2 Qualifications

The awards shall be made by the Board of Trustees on the basis of high ability and scholarship, sound character and interest in research, and an indication of originality, and on recommendation to be made by the appropriate faculty agency and the President of each college. (BTM,1971,12-20,002,__)

3 Allocation

The allocation of Salk Scholarships to each of the colleges of the University shall be determined yearly by the Chancellor in consultation with the Presidents of the colleges. There shall be no more than eight scholarships with stipend and eight honorary Salk Scholarships without stipend awarded each year. (BTM,1971,12-20,002,__)

4 Payments

Four annual payments of $1,500 a year per student for four years shall be made on behalf of each winner of a Salk Scholarship with stipend. Each payment shall be paid to the fiscal officer of the medical school to which the candidate has been admitted. If the Scholarship winner resigns or withdraws for any reason from medical school or is placed on probation, no further payments on behalf of such candidates shall be made. (BTM,1971,12-20,002,__)

Policy 7.14 This Policy Number Not in Use :

This policy number not in use.

Policy 7.141 This Policy Number Not in Use :

This policy number not in use.

 

Policy 7.142 Sexual Misconduct :

THE CITY UNIVERSITY OF NEW YORK POLICY ON SEXUAL MISCONDUCT

I. POLICY STATEMENT

CUNY students, employees and visitors deserve the opportunity to live, learn and work free from
Sexual Misconduct. Accordingly, CUNY is committed to:

1. Defining conduct that constitutes Sexual Misconduct;
2. Providing clear guidelines for students, employees and visitors on how to report incidents of
Sexual Misconduct;
3. Providing ongoing assistance and support to all parties after allegations of Sexual
Misconduct have been made;
4. Promptly and respectfully responding to and investigating allegations of
Sexual Misconduct, pursuing disciplinary action when appropriate and taking action to investigate
and address any allegations of retaliation;
5. Providing awareness and prevention information on Sexual Misconduct, including widely
disseminating this Policy, as well as a “Students’ Bill of Rights” and implementing training and
educational programs on Sexual Misconduct to college constituencies;
6. Gathering and analyzing information and data that will be reviewed in order to improve safety,
reporting, responsiveness and the resolution of allegations of Sexual Misconduct;
7. Distinguishing between the specific conduct defined as Title IX Sexual Harassment by the USDOE
and the broader definition of Sexual Misconduct prohibited by this Policy; and
8. Ensuring compliance with the federal regulations under Title IX, and other federal, state and
local laws.

This is CUNY’s sole policy to address Sexual Misconduct and it is applicable at all CUNY colleges
and units.¹ This Policy will be interpreted in accordance with the principles of academic freedom
adopted by CUNY’s Board of Trustees.

The CUNY community should also be aware of the following CUNY policies:

1. The CUNY Policy on Equal Opportunity and Nondiscrimination² prohibits discrimination on the
basis of numerous protected characteristics in accordance with federal, state and local law. That
policy addresses sex discrimination other than Sexual Misconduct covered by this policy.

2. The CUNY Campus and Workplace Violence Prevention Policy³ addresses workplace
violence.

3. The CUNY Domestic Violence and the Workplace Policy⁴ addresses domestic violence in or
affecting employees in the workplace.

¹ There is a separate policy for students at the Hunter College Campus Schools, consistent with
federal regulations under Title IX, state and local law.
²
https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/hr/policies
-and- procedures/PEONon-Discrimination12.4.2014.pdf.
³
https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/legal-affai
rs/CUNY- Campus-and-Workplace-Violence-Prevention-Policy-2.28.11-and-amended-9.26.2011.pdf.
⁴ http://policy.cuny.edu/general-policy/article-v/#policy_5.061.

4. The CUNY Procedures for Implementing Reasonable Accommodations and Academic
Adjustments⁵ addresses the procedures CUNY will follow when there is a request for a reasonable
accommodation or academic adjustment.

In addition, campus crime statistics, including statistics relating to sexual violence, which CUNY
is required to report under the Jeanne Clery Act, are available on each college’s Public Safety
website.

II. SCOPE OF THIS POLICY
This Policy governs the conduct of CUNY students, employees and visitors. Visitors may report a
violation of this Policy and may also be subject to restrictions for failing to comply with this
Policy.

This Policy prohibits Sexual Misconduct that occurs on CUNY property and conduct that occurs off
CUNY property but has a reasonable connection to CUNY.

III. PROHIBITED CONDUCT AND DEFINITIONS

This Policy prohibits Sexual Misconduct (addressed in this section), Retaliation
(addressed in Section VII-G and defined below), knowingly submitting false statements or
information (defined below) and certain intimate relationships between students and faculty
members/employees (addressed in Section XIV).⁶

The following behaviors constitute Sexual Misconduct prohibited under this Policy:

a. Dating Violence is violence committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim. Dating violence can
be a single act or a pattern of behavior, based on the frequency, nature, and severity
of the conduct. Dating violence includes the threat of sexual assault or physical abuse.
The existence of such a relationship is determined based on a consideration of the following
factors: (1) The length of the relationship; (2) The type of relationship and (3) The
frequency of interaction between the persons involved in the relationship. A relationship may be
romantic or intimate regardless of whether the relationship was sexual in nature.

b. Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or
former spouse or intimate partner of the victim by a person with whom the victim shares a child, by
a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate
partner, by a person similarly situated to a spouse of the victim under applicable domestic or
family violence laws, or by any other person against an adult or youth victim who is protected
from that person’s acts under applicable domestic or family

⁵ https://www.cuny.edu/about/administration/offices/legal-affairs/policies-procedures/reasonable-accom
modations- and-academic-adjustments/.
⁶ Sex discrimination that does not constitute Sexual Misconduct is not addressed in this
Policy but is covered by CUNY’s Equal Opportunity and Non-Discrimination Policy. Sex
discrimination is defined as treating an individual differently or less favorably because of
sex, including sexual orientation, gender or gender identity (including transgender
status), as well as pregnancy, childbirth and related medical conditions. Examples of sex
discrimination include giving a student a lower grade, or failing to hire or promote an employee,
based on their sex violence laws. Domestic violence can be a single act or a pattern of behavior, based on the
frequency, nature, and severity of the conduct.

c. Sexual Assault: Contact is any sexual contact, including sexual touching for the purpose of
sexual gratification of either party or degrading or abusing such person, without a
person’s consent. Sexual touching includes contact under or over clothing with another person’s
anus, breasts, buttocks, genitals, groin or inner thigh; touching another person anywhere
with any of these body parts; making another person touch any of these body parts under or over
clothing; or the emission of ejaculate on the clothing or body of another person.
d. Sexual Assault: Penetration is any form of vaginal, anal, or oral penetration or attempted
penetration, however slight, by a penis, object, tongue, or finger without a person’s consent. This
term includes incest and statutory rape.
e. Sexual Harassment is unwelcome verbal or physical behavior based on a person’s sex (including
sexual orientation, gender, gender expression and gender identity, including transgender
status). Conduct is considered “unwelcome” if the individual did not request or invite it and
considered the conduct to be undesirable or offensive. This includes unwelcome conduct
when: (1) a CUNY employee conditions the provision of an aid, benefit, or service of CUNY
on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or (2) such
conduct alters the conditions of, or has the effect of interfering with, an
individual’s educational or work experience by creating an intimidating, hostile or
offensive environment (hostile environment). The effect will be evaluated based on the
perspective of a reasonable person in the position of a complainant. While it is not possible to
list all circumstances that might constitute Sexual Harassment, the following are some examples of
conduct that might constitute such harassment:
i. Suggestive body language or inappropriate or unwelcome physical contact that does
not qualify as Sexual Assault: Contact;
ii. Verbal abuse or offensive comments of a sexual nature, including sexual slurs,
persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading
words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;
iii. Making lewd or sexual comments about an individual’s appearance, body, or
clothing;
iv. Visual displays or distribution of sexually explicit drawings, pictures, or written
materials;
v. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making
sexually suggestive gestures; or
vi. Offensive comments regarding a person’s sexual orientation, gender identity or
gender expression, such as persistent mocking or disparagement of a person based on a perceived
lack of stereotypical masculinity or femininity.
f. Stalking means engaging in a course of conduct directed at a specific person that would cause
a reasonable person to: (1) fear for their safety or the safety of others or (2) suffer substantial
emotional distress. This Policy addresses stalking that is based on sex (including sexual
orientation, gender, gender expression and gender identity, including transgender status). All
other stalking will be addressed under other applicable policies.

g. Title IX Sexual Harassment is a subset of the broader definition of Sexual Harassment above.
It is defined by the USDOE to mean conduct on the basis of sex⁷ that occurs in CUNY’s education
program or activity against a person in the United States and that satisfies one or more
of the following: (1) a CUNY employee conditioning the provision of an aid, benefit, or service of
CUNY on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct
determined by a reasonable person to be so severe, pervasive, and objectively offensive
that it effectively denies a person equal access to CUNY’s education program or activity;
or (3) Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this Policy.
h. Voyeurism is unlawful surveillance and includes acts that violate a person’s right
to privacy in connection with their body and/or sexual activity such as:
i. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place
where that person would have a reasonable expectation of privacy, without that person’s consent.
ii. Recording images (e.g. video, photograph) or audio of another person’s sexual
activity, intimate body parts, or nakedness where that person would have a reasonable
expectation of privacy, without that person’s consent;
iii. Disseminating images (e.g. video, photograph) or audio of another person’s sexual
activity, intimate body parts, or nakedness where that person would have a reasonable
expectation of privacy, if the individual distributing the images or audio knows or should have
known that the person depicted in the images or audio did not consent to such disclosure; or
iv. Using or installing, or permitting the use or installation of a device for the purpose of
recording another person’s sexual activity, intimate body parts or nakedness in a place where the
person would have a reasonable expectation of privacy without that person’s consent.

Other important terms and concepts addressed in this Policy:

a. Consent means affirmative consent.
b. Affirmative Consent is a knowing, voluntary and mutual decision among all participants to
engage in sexual activity. Consent can be given by words or actions, as long as those words or
actions create clear permission regarding willingness to engage in the sexual activity.
Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of
consent does not vary based upon a participant’s sex, sexual orientation, gender identity
or gender expression.
i. Consent to any sexual act or prior consensual sexual activity between or with any party
does not necessarily constitute consent to any other sexual act.
ii. In order to give consent, one must be of legal age (17 years or older in New York).
iii. Consent is required regardless of whether the person initiating the act is under the
influence of drugs and/or alcohol.
iv. Consent cannot be given when a person is incapacitated, which occurs when an individual
lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be
caused by lack of consciousness or being asleep, being

⁷ “Based on sex” includes sexual orientation, gender, gender expression and gender identity,
including transgender status.

involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of
intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be
incapacitated and therefore unable to consent.
v. Consent cannot be given when it is the result of any coercion, intimidation, force, or
threat of harm.
vi. Consent may be initially given but withdrawn at any time. When consent is
withdrawn or can no longer be given, sexual activity must stop.
c. Sexual Act/Sexual Activity is
i. Any form of vaginal, anal, or oral penetration or attempted penetration, however slight, by
a penis, object, tongue or finger.
ii. Any sexual contact, including sexual touching. Sexual touching includes contact under or
over clothing with another person’s anus, breasts, buttocks, genitals, groin or inner thigh;
touching another person anywhere with any of these body parts; making another person touch any
of these body parts under or over clothing; or the emission of ejaculate on the clothing or body of
another person.
d. Complainant refers to the individual who alleges that they have been the subject of Sexual
Misconduct, and may be a CUNY student, employee (including all full-time and part-time faculty and
staff and paid/unpaid interns) or visitor. Under this Policy, the alleged incident(s)
may have been brought to the college’s attention by someone other than the complainant.
e. Confidentiality is the commitment not to share any identifying information with others, except
as required by law in emergency circumstances (such as risk of death or serious bodily harm).
Confidentiality may only be offered by individuals who are not required to report known incidents
of Sexual Misconduct to college officials. Licensed mental health counselors, medical providers
and pastoral counselors may offer confidentiality. See additional discussion in Section VI.
f. Day Whenever this Policy refers to a “day,” it means a calendar day other than a Saturday,
Sunday or federal or state holiday.
g. Knowingly submitting false statements or information means knowingly making false statements or submitting false information in connection with any allegation of Sexual Misconduct (as
opposed to providing information which, even if erroneous, is provided in good faith). Anyone who
knowingly makes false statements or submits false information in connection with any allegation
of Sexual Misconduct will be subject to disciplinary action in accordance with CUNY Bylaws,
policies and collective bargaining agreements.
h. Non-Title IX Sexual Misconduct Matter is the term used to describe allegations of
Sexual Misconduct that do not meet the definition of Title IX Sexual Harassment and
therefore will be resolved, investigated and adjudicated pursuant to the procedures outlined in
Section XII.
i. Party is a complainant or respondent.
j. Preponderance of evidence is the standard of evidence used during the investigation and
adjudication of Sexual Misconduct allegations under this Policy. A preponderance of the evidence
means whether it is more likely than not that the Sexual Misconduct occurred.
k. Privacy is the assurance that an individual or the college will only reveal information about
allegations of Sexual Misconduct to those who need to know the information in order to carry out
their duties or responsibilities or as otherwise required by law. Individuals who are unable to
offer the higher standard of confidentiality under law, but who are still committed to not disclose information more than necessary, may offer privacy. See additional discussion in Section VI.
l. Respondent refers to the individual who is alleged to have committed Sexual Misconduct
against a CUNY student, employee, or visitor.
m. Retaliation is adverse treatment of an individual as a result of that individual’s reporting
Sexual Misconduct, assisting someone to report Sexual Misconduct, opposing in a
reasonable manner an act or policy believed to constitute Sexual Misconduct, or
participating in any manner (or refusing to participate) in an investigation or resolution under
this Policy. Adverse treatment includes intimidation, threats, coercion or
discrimination for the purpose of interfering with any right or privilege secured by this Policy.
All individuals are prohibited from engaging in retaliation, including complainants, respondents
and others, such as friends or relatives of the parties.
n. Title IX Formal Complaint is a document filed by a complainant or signed by the Title IX
Coordinator alleging Title IX Sexual Harassment against a respondent and requesting that the
college investigate the allegations. The Title IX Coordinator may sign a Title IX Formal Complaint
with or without a complainant’s desire to participate in a grievance process.
o. Title IX Sexual Harassment Matter is the term used to describe allegations of Sexual
Misconduct that meet the definition of Title IX Sexual Harassment and therefore must be resolved,
investigated and adjudicated pursuant to the Title IX grievance procedures required by the
USDOE and outlined in Section XI.
p. Visitor is any person other than a CUNY student or employee who interacts with
the CUNY community. CUNY alumni are considered visitors under this Policy.
q. Writing Whenever this Policy requires a “writing,” electronic mail satisfies the writing
requirement.

IV. TITLE IX COORDINATOR

Each college or unit of CUNY has an employee who has been designated as the Title
IX Coordinator.⁸ This employee is responsible for compliance with Title IX of the
Education Amendments of 1972, 20 U.S.C. chapter 38, which prohibits sex discrimination
in education programs (including Title IX Sexual Harassment as it is defined above), New York
State Law Article 129-B (“Enough is Enough”) and other federal, state and local laws
pertaining to sex discrimination and sexual misconduct. The Title IX Coordinator has
overall responsibility for implementing this Policy, including overseeing the investigation
of allegations of Sexual Misconduct at their college or unit (including Title IX Sexual
Harassment matters and Non-Title IX Sexual Misconduct matters) and carrying out the other functions
of that position set forth in this Policy. All Title IX Coordinators will receive annual training
as required by Title IX, the Clery Act, Enough is Enough, and other civil rights laws. The name and
contact information for all Title IX Coordinators at CUNY can be found on CUNY’s dedicated
Title IX website.⁹ Title IX Coordinator training obligations are discussed in Section XIII.

⁸ Any reference to the Title IX Coordinator may also include their designee.
⁹ http://www1.cuny.edu/sites/title-ix/campus-websites/campus/university/.

V. RESOURCES AND INFORMATION FOR INDIVIDUALS AFFECTED BY SEXUAL MISCONDUCT

CUNY is committed to providing assistance, support and resources to those affected by Sexual
Misconduct. This Section discusses a complainant’s option of reporting Sexual Misconduct to
outside law enforcement, the differences between CUNY’s process and procedures and those of outside
law enforcement and how to obtain immediate medical attention and emotional support.

A. Reporting to Outside Law Enforcement

Students, employees and other community members may choose to report Sexual Misconduct to local law
enforcement and/or state police (“outside law enforcement”). However, CUNY does not require that a
complainant report Sexual Misconduct to outside law enforcement; nor will CUNY do so without the
complainant’s agreement, except in exceptional circumstances. The college may report Sexual
Misconduct to outside law enforcement without the complainant’s consent when the college determines
that the respondent poses a serious continuing threat to the physical safety of the complainant or
another person.

If a student, employee or other community member chooses to report Sexual Misconduct to outside law
enforcement, CUNY will provide assistance. Each college Public Safety office must have an
appropriately trained employee available at all times to provide the complainant with information
regarding options to proceed, including information regarding the criminal justice process and the
preservation of evidence. Campus Public Safety officers can also assist the complainant
with reporting allegations both on and off-campus and in obtaining immediate medical attention and
other services.

Additional information is available on CUNY’s Title IX website.

B. Differences between CUNY’s Process and Procedures and Those of Outside Law
Enforcement

In cases where the complainant reports allegations to outside law enforcement authorities as well
as to the college, the college must determine what actions to take based on its own investigation.
The college may coordinate with outside law enforcement authorities in order to avoid interfering
with their activities and, where possible, to obtain information regarding their
investigation. Neither a law enforcement determination whether to prosecute a respondent, nor the
outcome of any criminal prosecution, is dispositive of whether the respondent has committed a
violation of this Policy.

Students, employees and other community members should be aware that CUNY procedures and standards differ from those of criminal law. When CUNY investigates allegations of Sexual
Misconduct or brings disciplinary proceedings for violations of this Policy, the issue is whether
the respondent violated CUNY policy. The standard applied in making this determination
is whether the preponderance of the evidence supports a finding of responsibility, or, stated
another way, whether it is more likely than not that the alleged conduct occurred. An individual
found to have violated this Policy may be sanctioned by the college and CUNY. In the criminal
justice system, on the other hand, the issue is whether the accused violated criminal law. The
standard applied is proof beyond a reasonable doubt and an individual found guilty of a crime is subject to
criminal penalties, such as incarceration, probation and fines. More information about relevant
criminal laws is available in “A Plain Language Explanation of Distinction Between the New York
Penal Law and the College Disciplinary Processes.”¹⁰

C. Obtaining Immediate Medical Attention and Emotional Support

CUNY encourages anyone who has experienced Sexual Assault, Domestic Violence or Dating Violence
to seek medical attention as soon as possible. Medical resources can provide treatment for
injuries, preventative treatment for sexually transmitted diseases, emergency contraception and
other health services. They can also assist in preserving evidence or documenting any injuries.
Taking these steps promptly after an incident can be helpful if an individual later decides to
pursue criminal charges or a protective order.

Individuals who have experienced or witnessed Sexual Assault, Domestic Violence or
Dating Violence are also encouraged to seek emotional support, either on or off-campus.

On campus resources may include nurses and/or nurse practitioners at campus health offices and
counselors at campus counseling centers. Counselors are trained to provide crisis intervention and
provide referrals for longer-term care as necessary.

CUNY also maintains a list of off-campus emergency contacts and resources¹¹, including rape
crisis centers, available throughout New York City on its dedicated web page. This includes a list
of local hospitals designated as SAFE (Sexual Assault Forensic Examiner) hospitals, which are
specially equipped to handle sexual assaults and trained to gather evidence from such assaults.

¹⁰ http://www1.cuny.edu/sites/title-ix/campus-websites/campus/university/.
¹¹ http://www1.cuny.edu/sites/title-ix/campus-websites/resources/.

VI. IMPORTANT INFORMATION ABOUT REPORTING/CONFIDENTIALITY OBLIGATIONS OF COLLEGE AND CUNY EMPLOYEES

CUNY values the privacy of its students, employees and visitors and recognizes that they should be
able to seek the assistance they need without fear that the information they provide will be
shared more broadly. An individual who speaks to a college or CUNY employee about Sexual Misconduct
should be aware that employees fall into three categories:

a. Confidential Employees have an obligation to maintain a complainant’s confidentiality
regarding allegations of Sexual Misconduct and will not share any identifying information with
others, except as required by law in emergency circumstances;
b. Responsible Employees are required to report allegations of Sexual Misconduct to the Title
IX Coordinator but will protect an individual’s privacy to the greatest extent possible and share
information with other staff only on a need-to-know basis; and
c. All other employees are strongly encouraged, but not required to report allegations of
Sexual Misconduct to the Title IX Coordinator. These employees are otherwise encouraged to protect
an individual’s privacy to the greatest extent possible and share information only with the Title
IX Coordinator.

Note: Under the Clery Act, the College is required to maintain records, advise the government about
reports of certain crimes and issue timely warnings when there is a serious, continuing threat to
the community. Such reports and warnings do not disclose identifying information.

A. Confidential Employees
a. For Students. Students who wish to speak to someone who will keep the
communications confidential should speak to one of the following:
i. Counselor or other staff member at their college counseling center;
ii. Nurse, nurse practitioner or other college health office staff member;
iii. Pastoral counselor (a person associated with a religious order or
denomination, recognized by that order or denomination as someone who provides confidential
counseling and identified by CUNY as functioning within the scope of that recognition); or
iv. Designated staff member, if any, in a women’s or men’s center, if one exists at their
college.

These individuals will not report the allegations to the college’s Title IX Coordinator or
other college employees without the student’s permission. The only exception is in the case where
there is an imminent threat of serious injury to the complainant or any other person.

If a student speaks solely to a confidential employee, the college will rarely be able to conduct
an investigation into the allegations or pursue disciplinary action against the respondent.
Confidential employees will assist students in obtaining other necessary support.

b. For Employees. Although CUNY does not directly employ individuals to whom CUNY employees can
speak on a confidential basis regarding Sexual Misconduct, free confidential support services
are available through CUNY’s Work/Life Program¹², which is administered by an outside company. Confidential community counseling resources are also available throughout New York City.¹³

Complainants may use these confidential resources even if they decide not to report allegations of
Sexual Misconduct or participate in an investigation, CUNY resolution process or the criminal
justice process. A complainant who first speaks to a confidential resource may later decide
to report allegations to the college or with outside law enforcement.

B. Responsible Employees

Individuals designated as responsible employees have a duty to report allegations of
Sexual Misconduct, including all relevant details, to the Title IX Coordinator. These employees are
not permitted to maintain a complainant’s confidentiality, but will maintain a complainant’s
privacy to the greatest extent possible, and information reported to them will be shared only with
the Title IX Coordinator and other people responsible for handling the college’s response to the
report.

To the extent possible, before a complainant reveals any information to a responsible employee, the
employee should advise the complainant of the employee’s reporting obligations—and if the
complainant wants to maintain confidentiality, direct the complainant to confidential resources.

CUNY has designated the following individuals as responsible employees:
a. University Title IX Director
b. College Title IX Coordinator and staff
c. Office of Public Safety employees
d. Vice President for Student Affairs or Dean of Students and all staff housed in those offices
(other than staff that are designated as confidential employees)
e. Residence Life staff in CUNY owned or operated housing, including Resident Assistants
f. Directors and Deputy Directors of Human Resources
g. College President, Vice Presidents and Deans
h. Athletics Staff
i. Department Chairpersons/Executive Officers
j. CUNY Office of the General Counsel attorneys and College/unit attorneys
k. College/unit labor designee
l. Faculty and staff members at times when they are leading or supervising students on off-
campus trips
m. International Education Liaisons/Study Abroad Campus Directors and Field Directors
n. All employees at Hunter College Campus Schools
o. College Childcare Center staff
p. Managers or supervisors, regarding alleged Sexual Misconduct involving people who
report to them
i. Managers are employees who have authority to make tangible employment decisions
with regard to other employees, including the authority to hire, fire, promote,
compensate or assign significantly different responsibilities.

¹² https://www.cuny.edu/about/administration/offices/hr/benefits/.
¹³ https://nownyc.org/womens-justice-now/get-help/.

ii. Supervisors are employees who are not managers, but have a sufficient degree of control
over the working conditions of one or more employees, which might include evaluating their
performance and making recommendations for changes in employment status that are given
particular weight.

C. Special Rules Concerning Public Awareness and Advocacy Events

CUNY supports public awareness events that help provide its community with information about Sexual
Misconduct and how it can be addressed and prevented. In order to preserve the ability to
participate freely in public awareness and advocacy events, if an individual discloses information
about Sexual Misconduct at such event (for example, Take Back the Night gatherings, candlelight
vigils, or protests) the college will not treat the disclosure as triggering an obligation to
commence an investigation based on that information. Such individuals are encouraged to
report Sexual Misconduct to college officials so that the college can provide resources and
assistance.

VII. REPORTING SEXUAL MISCONDUCT TO THE COLLEGE

In order for CUNY to address allegations of Sexual Misconduct, it has to learn about
the allegations. Accordingly, CUNY strongly encourages individuals who have experienced Sexual
Misconduct to report allegations to a designated campus official, as set forth in “Where to Report
Allegations of Sexual Misconduct on Campus” below. The designated officials are trained
to receive allegations of Sexual Misconduct, to ensure they are investigated in accordance with
this Policy and to help complainants get necessary assistance. Students, employees and visitors
are encouraged to report allegations of Sexual Misconduct to campus officials, regardless of
whether they have reported the incident to outside law enforcement authorities and regardless of
where the incident took place.

A. Complainant’s Rights

Individuals who have experienced Sexual Misconduct have the right to report allegations to the
college or to decide not to do so. Students who report Sexual Misconduct have all of the rights
contained in the Students’ Bill of Rights (copy attached).

Complainants also have these rights:

a. To notify campus Public Safety and/or outside law enforcement, or to choose not to report.
b. To have emergency access to a college official trained to interview victims of sexual assault
and able to provide certain information, including reporting options and information about
confidentiality and privacy. The official will, where appropriate, advise about the
importance of preserving evidence and obtaining a Sexual Assault Forensic Examination (“SAFE”) as
soon as possible. The official will also explain that the criminal process uses different standards
of proof and evidence, and that any questions about whether an incident violated criminal law
should be addressed to a law enforcement official or a district attorney’s office.
c. To disclose the incident to a college representative who can offer confidentiality or privacy
and assist in obtaining services. See Section VI, above.
d. To describe the incident only to those campus officials who need the information in order to
properly respond and to repeat the description as few times as practicable (subject to the
procedures outlined in Sections XI and XII).
e. To have allegations of Sexual Misconduct investigated in accordance with CUNY policy.
f. To have privacy preserved to the extent possible.
g. To receive assistance and resources on campus, including confidential and free on-campus
counseling, and to be notified of other services available on and off campus, including the New
York State Office of Victim Services.
h. To disclose the incident to the college’s Human Resources Director or designee (if the
respondent is a college employee) or request that a confidential or private resource assist in
doing so.
i. To disclose the incident confidentially and obtain services from state
and local governments.

j. To receive assistance from the campus or others in filing a criminal complaint, initiating
legal proceedings in family court or civil court, and/or seeking an Order of Protection or the
equivalent. In New York City, this assistance is provided by Family Justice Centers located in
each borough.
k. To receive assistance with effecting an arrest when an individual violates an
Order of Protection, which may be provided by assisting local law enforcement in effecting such an
arrest.
l. To withdraw allegations or involvement from the process at any time.

B. Where to Report Allegations of Sexual Misconduct on Campus

Students, employees and visitors who experience Sexual Misconduct and wish to report
the allegations to the college/CUNY, should notify one of these campus officials/offices:

a. Title IX Coordinator;
b. Office of Public Safety;
c. Office of Vice President for Student Affairs or Dean of Students;
d. Residence Life staff in CUNY owned or operated housing; or
e. Human Resources Director.

Contact information for these officials can be found at CUNY’s Title IX Website. Complainants are
encouraged, but not required, to complete the CUNY Sexual Misconduct Allegation Form. After the
form is filled out, it should be brought to one of the offices listed above or submitted
electronically through the college’s Title IX website (where available) or by email. The college
will also respond to allegations made without the form, whether oral or written.

When any of the officials or offices above is notified of allegations of Sexual Misconduct, they
will provide a copy of this Policy to the complainant and coordinate with appropriate
college offices to address the matter in accordance with this Policy, including
providing appropriate supportive measures (addressed in Section VIII, below). These officials and
offices will maintain a complainant’s privacy to the greatest extent possible, and all information
in connection with the allegations, including the identities of the complainant and the
respondent, will be shared only with those who have a legitimate need for the information.

C. Request that the College Maintain a Complainant’s Anonymity or Not Conduct an Investigation

Whether a college may maintain a complainant’s anonymity or request to not conduct an
investigation, depends on whether the allegations will proceed as a Title IX Sexual Harassment
matter or a Non-Title IX Sexual Misconduct matter (See Section X).

If the allegations will proceed as a Title IX Sexual Harassment matter, the Title IX Coordinator
must inform the complainant that the complainant’s identity may not be kept anonymous if the
complainant wishes to proceed with a Title IX Formal Complaint, and that the notice
to the respondent will reveal the complainant’s identity. The complainant may choose whether to
file a Title IX Formal Complaint when so informed. If the complainant chooses not to file a Title
IX Formal Complaint, their identity will not be disclosed to the respondent.

If the allegations will proceed as a Non-Title IX Sexual Misconduct matter, a complainant may
request: (a) that the matter be investigated only to the extent possible without further revealing
their identity or revealing further details and/or (b) that no investigation into a particular
incident be conducted. If a complainant makes such a request, the Title IX Coordinator will
weigh the complainant’s request against the college’s obligation to provide a safe,
non-discriminatory environment for all students, employees and visitors, including the complainant.
Factors used to determine whether to honor such a request include, but are not limited
to: (a) whether the respondent has a history of violent behavior or is a repeat
offender; (b) whether the incident represents escalation of unlawful conduct by the accused
from previously noted behavior; (c) any increased risk that the accused will commit additional acts
of violence, (d) whether the accused used a weapon or force; (e) whether the complainant is a
minor; (f) whether the college possesses other means to obtain evidence such as security footage
and (g) whether available information reveals pattern of misconduct at a given location or by
particular group.

The college’s decision to maintain the complainant’s anonymity does not mean that anonymity can be
guaranteed in all circumstances; rather, the college will make reasonable efforts to keep
information confidential consistent with law. Of course, a college’s ability to
meaningfully investigate the incident and pursue disciplinary action may be limited by
such a request for anonymity. Notwithstanding the decision of the Title IX Coordinator regarding
the scope of any investigation, the college will provide the complainant with ongoing
assistance and support, including, where appropriate, the supportive measures and accommodations
set forth in Section VIII of this Policy.

D. Filing External Complaints

Individuals who feel that they have been subjected to Sexual Misconduct have the right to avail
themselves of any and all of their rights under law, including but not limited to filing complaints
with one or more of the outside agencies listed below:

a. U.S. Department of Education, Office for Civil Rights¹⁴

b. U.S. Equal Employment Opportunity Commission¹⁵

c. New York State Division of Human Rights¹⁶

d. New York City Commission on Human Rights¹⁷
In certain circumstances, the college or unit may close an investigation upon the
filing of an external complaint. When this happens, the outside agency takes over the
investigation and the college or unit will cooperate with the investigation conducted by the
outside agency. If a college or unit closes an investigation for this reason, the Title IX
Coordinator must notify the parties in writing.

¹⁴ http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html.
¹⁵ https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm.
¹⁶ https://dhr.ny.gov/complaint.
¹⁷ http://www1.nyc.gov/site/cchr/about/resources.page.

E. Action by Bystanders

CUNY encourages employees, students and visitors to take reasonable and prudent actions
to prevent or stop an act of Sexual Misconduct that they may witness, unless doing so would pose a
safety risk to themselves or others. Although these strategies will depend on the circumstances,
they may include direct intervention, calling law enforcement or seeking assistance from a person
in authority.

In addition, CUNY encourages employees, students and visitors to report any incident of Sexual
Misconduct that they observe or become aware of to the Title IX Coordinator or the
offices referenced in Section VII-B, above. Individuals who take action in accordance with this
paragraph will be supported by the college, and anyone who retaliates against them will
be subject to discipline.

F. Amnesty for Drug and Alcohol Use

The health and safety of every student at CUNY is of the utmost importance. CUNY recognizes that
students who have been drinking and/or using drugs (whether such use is voluntary or
involuntary) at a time that Sexual Misconduct occurs may be hesitant to report such incidents due
to fear of potential consequences for their own conduct. CUNY strongly encourages students to
report Sexual Misconduct to college officials. A bystander or complainant acting in good faith who
discloses any incident of Sexual Misconduct to college officials or law enforcement will not be
subject to discipline under CUNY’s Policy on Drugs and Alcohol¹⁸ for violations of alcohol and/or
drug use policies occurring at or near the time of the Sexual Misconduct.

G. Reporting Retaliation

An individual may report allegations of retaliation to the Title IX Coordinator if the individual
has been subject to retaliation, as defined in Section III. All retaliation allegations will be
investigated in accordance with the investigation procedures set forth in this Policy, and
individuals who are found to have engaged in retaliation will be subject to disciplinary action.

¹⁸ https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/legal-affai
rs/policies- procedures/Policy-Against-Drugs-and-Alcohol.pdf.

VIII. SUPPORTIVE MEASURES AND ACCOMMODATIONS

Supportive measures and accommodations are non-disciplinary, non-punitive individualized
services designed to restore or preserve equal access to education and to ensure safety, prevent
retaliation and avoid an ongoing hostile environment. Supportive measures and accommodations are
available to complainants, respondents and other affected parties. Supportive measures are
available when a college becomes aware of allegations of Sexual Misconduct (including both Title IX
Sexual Harassment matters and Non-Title IX Sexual Misconduct matters), whether or not a
complainant chooses to move forward with an investigation and/or resolution. Supportive
measures may be provided on an interim or continuing basis. The college may also take reasonable
measures to ensure the safety of the college community at large.

The Title IX Coordinator is responsible for coordinating and ensuring the effective implementation
of supportive measures and accommodations. When a college learns of allegations of
Sexual Misconduct, the Title IX Coordinator will promptly contact a complainant to
discuss the availability of supportive measures and accommodations, discuss the complainant’s
wishes with respect to supportive measures and accommodations and inform complainant that
supportive measures and accommodations are available even if the complainant does not wish to
proceed with an investigation and/or resolution of the allegations. Requests for
supportive measures and accommodations should be made to the Title IX Coordinator.

The Title IX Coordinator will work with the Chief Student Affairs Officer¹⁹ to identify a trained
staff member to assist students to obtain supportive measures and accommodations. The Title IX
Coordinator will work with the Human Resources Director to assist employees to obtain supportive
measures and accommodations.

A. Range of Supportive Measures and Accommodations

Possible supportive measures and accommodations may include:

a. Making appropriate changes to academic programs, including changes in class schedule,
accommodations to permit students to take an incomplete or drop a course or courses
without penalty, permitting students to attend a class via videoconference platform or other
alternative means, providing an academic tutor, or extending deadlines for assignments;
b. Making appropriate changes to residential housing situations or providing assistance in
finding alternate housing;
c. Changing an employee’s work assignment or schedule;
d. Providing an escort to and from class or campus work location;
e. Arranging appropriate transportation services to ensure safety;
f. Offering counseling services through the college Counseling Center or other appropriate
office, or referral to an off-campus agency;
g. Enforcing an Order of Protection issued by a court;
h. Issuing a No Contact Order whereby continued intentional contact would be a violation of CUNY
Policy and subject to disciplinary action (see discussion below); and

¹⁹ Any reference to the Chief Student Affairs Officer may also include their designee.

i. Emergency removal of a respondent when they pose an imminent threat to the physical health or
safety of any person (see discussion below).

B. No Contact Orders

A No Contact Order is a directive issued by a college prohibiting intentional contact
or communication between specified parties. An individual who intentionally violates a No Contact
Order is in violation of CUNY Policy and will be subject to disciplinary action. No Contact Orders
may be issued for both complainants and respondents, as well as other individuals as appropriate.
No Contact Orders are issued by the Chief Student Affairs Officer (for students) and the Director
of Human Resources (for employees).

C. Emergency Removal

In exceptional circumstances, where a respondent presents an immediate threat to the physical
health or safety of any student or other individual arising from a report of Sexual Misconduct, the
college may effectuate an emergency removal of a student or take similar emergency measures against
an employee, consistent with applicable CUNY Bylaws and policies.

Prior to emergency removal under this Section, the President or their designee will, in cooperation
with the appropriate campus officials, conduct an individualized safety and risk
analysis to determine whether a respondent presents an immediate threat to the physical health or
safety of any person arising from a report of Sexual Misconduct. The college will give
the student respondent notice and an opportunity to challenge the decision immediately following
the removal (see Section VIII-D, below). Both parties will be notified at the same time and in the
same manner of the emergency removal and if or when the emergency removal is lifted.

D. Process for Review of Supportive Measures and Accommodations, Including No Contact
Orders and Emergency Removal

Parties may request a prompt review of the need for and terms of supportive measures that directly
affect them, including No Contact Orders and emergency removal. Issues that may be
raised include possible modification or discontinuance of a No Contact Order.

If either party is a student, a request for review must be made to the college’s Chief Student
Affairs Officer. If neither party is a student, a request for review must be made to the college’s
Human Resources Director. If a case involves both a student and an employee, the Chief Student
Affairs Officer will consult with the Human Resources Director before making a decision. Requests
for review must be in writing and parties may submit evidence to support their request. All
requests will be reviewed within seven (7) days after receipt.

IX. EVALUATION OF INITIAL ALLEGATIONS OF SEXUAL MISCONDUCT

Upon learning of allegations of Sexual Misconduct, the Title IX Coordinator will evaluate whether
the alleged behavior falls within the scope of Title IX Sexual Harassment. If the alleged Sexual
Misconduct meets these criteria, it must proceed as a Title IX Sexual Harassment matter:
a. the allegations, if true, meet the definition of Title IX Sexual Harassment as defined above
in Section III; and
b. at the time the allegations are made, the complainant is participating in, or attempting to
participate in an education program or activity at CUNY.
If the alleged Sexual Misconduct does not meet the above criteria, the allegations will proceed as
a Non-Title IX Sexual Misconduct matter. For allegations that involve multiple incidents of Sexual
Misconduct, some of which qualify as a Title IX Sexual Harassment matter and some of which qualify
as a Non-Title IX Sexual Misconduct matter, the allegations will proceed as a Title IX Sexual
Harassment matter. Allegations of discrimination covered by CUNY’s Equal Opportunity and
Non-Discrimination Policy will continue to be referred to the Chief Diversity Officer and
handled pursuant to separate procedures outlined in that policy.
Rights and procedures that apply to all Sexual Misconduct matters are addressed in Section X.
Procedures for the investigation, resolution and/or adjudication of Title IX Sexual Harassment
matters are addressed in Section XI. Procedures for the investigation, resolution
and/or adjudication of Non-Title IX Sexual Misconduct matters are addressed in Section XII.

X. RIGHTS AND PROCEDURES THAT APPLY TO ALL SEXUAL MISCONDUCT MATTERS

The following rights and procedures apply to all allegations of Sexual Misconduct, regardless of
whether the allegations will proceed as a Title IX Sexual Harassment matter or a Non-Title IX
Sexual Misconduct matter.

A. Rights of Parties during any Investigation and Resolution

Parties will have the following rights when an investigation or resolution is initiated under
either Section XI or XII of this Policy:
a. To an investigation and process that is fair, impartial, timely, thorough and
provides a meaningful opportunity to be heard;
b. To have the allegations investigated and/or adjudicated by individuals who receive annual
training in conducting investigations of sexual violence, the effects of trauma, impartiality, and
the rights of the respondent, including the right to a presumption that the respondent is “not
responsible” until any finding of responsibility;
c. To have the allegations investigated, resolved and/or adjudicated by individuals who are free
from a conflict of interest or bias for or against complainants or respondents generally or the
individual complainant or respondent;
d. To have the college’s judicial or conduct process run concurrently with any criminal justice
investigation and proceeding, except for temporary delays requested by external municipal entities
while law enforcement gathers evidence. Temporary delays should not last more than ten (10) days
except when law enforcement specifically requests and justifies a longer delay;
e. To an investigation process where the burden of proof and burden of gathering evidence
sufficient to reach a determination regarding responsibility rests on the college and not on the
parties;
f. To receive reasonable advance written notice of any meeting they are required to or eligible
to attend;
g. To exclude their own prior sexual history with persons other than the other party in the
investigation or conduct process and their own mental health diagnosis and/or treatment, subject to
certain exceptions described in Sections XI and XII;
h. To offer evidence during the investigation;
i. To have irrelevant evidence excluded from any hearing;
j. To review documents and tangible evidence, consistent with the Family Educational Rights and
Privacy Act (“FERPA”) and other laws (see Sections XI or XII for additional details);
k. To be accompanied by an advisor of their choice (who may be an attorney), who may assist and
advise throughout the process, including during all related meetings and hearings.
Advisors must comply with applicable CUNY policies and procedures;²⁰
l. To simultaneous notice of the outcome of proceedings, including written notice of findings of
fact, decisions and sanctions if any, as well as the rationale for the decision and any sanction;

²⁰ For Title IX Sexual Harassment matters, CUNY will provide an advisor to any party who does not
have one, for the limited purpose of conducting cross examination at a hearing. See Section
XI-E-c-ii for more information.

m. To access to a full and fair record of any hearing;
n. To protection against retaliation as defined in Section III; and
o. To protection against the provision of false statements and evidence, as defined in Section III.

B. Informal Resolution

Informal Resolution is an alternative to the formal investigation and adjudication
procedures outlined in Sections XI and XII and may include administrative resolution
(such as a mutual agreement to abide by a No Contact Order), acceptance of responsibility and
penalty, mediation or other alternative dispute resolution. In some cases, informal
resolution may represent a beneficial outcome for both parties by providing an alternative to
the formal investigation and adjudication process.

This informal resolution process is available in matters proceeding as Title IX Sexual Harassment
matters and Non-Title IX Sexual Misconduct matters, except in cases involving Title IX Sexual
Harassment allegations by a student against an employee.

Informal resolution may take place at any point prior to a determination of responsibility. For
Title IX Sexual Harassment matters, informal resolution is available after a Title IX Formal
Complaint is filed. The Title IX Coordinator must consider every eligible case for informal
resolution. When the Title IX Coordinator determines that it is appropriate to refer a matter for
informal resolution, the Title IX Coordinator will provide the parties with written notice that an
informal resolution is being offered to resolve the allegations. This written notice will include:

a. A description of the allegations;
b. The requirements of the informal resolution process, including the circumstances under which
an informal resolution will preclude the parties from resuming an investigation and formal
resolution arising from the same allegations;
c. Potential consequences resulting from participating in the informal resolution
process, including what records will be maintained or could be shared with the other party; and
d. Notice that either party has the right to withdraw from the informal resolution process and
resume an investigation and formal resolution process at any time prior to agreeing to an informal
resolution.
Both parties must agree to begin the informal resolution process. The time frame for investigations
will be tolled while the parties engage in the informal resolution process. The Title IX
Coordinator must reevaluate the parties’ progress towards informal resolution every thirty (30)
days and has the discretion to terminate the informal resolution process and resume the
investigation at any time.
Upon referral by the Title IX Coordinator, the informal resolution process is conducted
by a qualified staff or faculty member designated by the Title IX Coordinator, in coordination
with the Chief Student Affairs Officer or a designated Human Resources representative, as
applicable. Either party has the right to end the informal resolution process at any time prior to
finalizing an informal resolution agreement.
Any agreement reached through informal resolution must be acceptable to both parties and the
college. If a resolution is reached, the parties will be notified in writing, and a written
memorandum will memorialize the agreed upon resolution. Both parties must provide their voluntary, written consent before an informal resolution agreement is finalized. Once finalized, the obligations in
the agreement will be binding and the allegations of Sexual Misconduct (and for Title
IX Sexual Harassment matters, the Title IX Formal Complaint) will be deemed resolved. Once
finalized, this memorandum will be maintained for seven (7) years, in compliance
with recordkeeping requirements outlined in Section X-J.
Information learned as a direct result of the informal resolution process will not be documented in
an investigatory report or subsequent adjudication. However, information learned from another
source will not be excluded from an investigatory report or subsequent adjudication
merely because it was discussed or raised during the informal resolution process. The
staff or faculty member conducting the informal resolution process is precluded from participating
as a witness in the investigation or participating as a witness or presenter in a subsequent
adjudication. Violations of informal resolution agreements will be referred for discipline or
other appropriate action in accordance with CUNY Bylaws, policies and collective bargaining
agreements.

C. CUNY-wide Sexual Misconduct Panel and Committee Structure

CUNY will constitute a CUNY-wide Sexual Misconduct Panel (“the Panel”) comprised of faculty
members, Higher Education Officer series employees (“HEO”), and students from its constituent
campuses, from which members will be drawn to serve as the decision-maker at hearings
(Adjudication Committee) and the decision-maker of appeals (Appeal Committee) for both Title IX
Sexual Harassment matters and Non-Title IX Sexual Misconduct matters. CUNY will consult with each
College President to help constitute the Panel. When selecting faculty members, the President
shall consult with the faculty member who is the head of the appropriate campus
governance body or where the President is the head of the governance body, the faculty members of
its executive committee. Each Panel member should be specially trained annually on the
relevant law and this Policy.

Each Adjudication and Appeal Committee shall be comprised of three members of the Panel. Panel
members will be selected on a rotation basis and will serve CUNY-wide, but will not serve on cases
from their home campus. For cases in which the respondent is a student, each Committee will consist
of one (1) faculty member or one (1) HEO, one (1) student member and a chairperson, who will be a
faculty member or HEO. For cases in which the respondent is a faculty member, each committee will
consist of two (2) faculty members and a chairperson, who may be a faculty member or HEO. For cases
in which the respondent is an HEO, each committee will consist of two (2) HEOs and a chairperson,
who may be a faculty member or HEO. For all other cases in which the respondent is an employee,
each committee will consist of two (2) faculty members or one (1) faculty member and one (1) HEO
and a chairperson, who may be either a faculty member or HEO.

The chairperson of each Committee will preside at all meetings and decide and make all procedural
rulings for the Committee. The Committee will collectively decide by majority vote whether the
respondent is responsible for the alleged Policy violation(s). Hearings will be scheduled promptly
(including during the summers) at a convenient time and efforts must be made to ensure full student
and faculty representation.

In the event that any Committee member, including the chairperson, cannot continue, the
University Title IX Director will appoint another Committee member from the Panel to fill the
vacant seat.

Panel members will not participate in a case if they have been involved in the investigation, will
be participating in the hearing as a witness or if they have a direct interest in the outcome of
the matter. Panel members will not serve on a Committee if they have previously participated in a
case involving the same parties.

D. Conflict/Bias

If a party believes that any individual involved in the investigation, resolution, adjudication
or appeals process has a conflict of interest or bias for or against complainants or
respondents generally or an individual complainant or respondent, either party may make a request
to have that conflicted or biased individual removed from the process. Requests for removal must be
made in writing within five (5) days of the notification that the individual is to be involved and
include a detailed description of the conflict or bias. Requests for removal of a member of the
Adjudication Committee must be made atleast one (1) day before a hearing. All requests for removal
must be directed to the University Title IX Director. After receiving a request for removal, the
University Title IX Director will ask the individual with the alleged conflict or bias to provide a
short, written response to the request for removal and consider that response before making a
determination. If a conflict or bias exists, the University Title IX Director will take immediate
steps to replace that investigator, informal resolution facilitator or Committee member to ensure
an impartial and fair process.

If any administrator designated by this Policy to participate in the investigation or resolution of
Sexual Misconduct allegations is the respondent, the College President will appoint
another college administrator to perform such person’s duties under this Policy. If the
President is the respondent, the investigation will be handled by the University Title IX Director
or designee. In other appropriate cases in which a high-level administrator is the respondent, the
investigation may be referred for investigation to the University Title IX Director or designee.

E. Appeals From the Adjudication Committee’s Determination of Responsibility

A party may appeal the Adjudication Committee’s determination of responsibility and/or
the penalty imposed on the following grounds:

a. Procedural irregularity that affected the outcome of the matter
b. New evidence that was not reasonably available at the time of the hearing, which could affect
the outcome of the matter
c. The Title IX Coordinator, investigator or Adjudication Committee had a conflict of interest or
bias for or against complainants or respondents generally or the individual complainant or
respondent that affected the outcome of the matter;²¹ or
d. The disproportionate nature of the penalty.

²¹ Allegations of conflict or bias will be considered waived unless they are raised in a timely
manner, pursuant to Section X-D, above.

The Appeal Committee may modify the penalty or remand the matter for a new hearing.

Parties intending to appeal under this section must send a written Notice of Appeal
to the University Title IX Director within fifteen (15) days after the delivery of the written
determination of responsibility. The University Title IX Director will notify the non-appealing
party in writing within five (5) days of receipt of the Notice of Appeal and will instruct the
college to provide the hearing recording to the parties. The college will provide the hearing
recording to the parties in a timely manner.

The appealing party must submit their written appeal to the University Title IX Director within
fifteen (15) days after the delivery of the hearing recording. The University Title IX Director
will provide the appealing party’s submission to the non-appealing party within five (5)
days of submission. The non-appealing party will have the opportunity to submit a written
response to the appeal, due within fifteen (15) days after the delivery of the appealing party’s
submission.

The University Title IX Director will facilitate the composition and scheduling of the
Appeal Committee, which will be comprised of members of the CUNY-wide Sexual Misconduct Panel. The
composition of the Appeal Committee is described above in Section X-C. Panel members that served
on the Adjudication Committee will not serve on the Appeal Committee for the same
matter.
The Appeal Committee will review the hearing materials and written submissions of the parties. The
Appeal Committee will issue a written decision that indicates the final outcome and rationale for
that decision within fifteen (15) days of receipt of the non-appealing party’s written submission
or failure to provide a submission. The written decision will be provided simultaneously to both
parties.
F. Hearing Recording

The college shall make a recording of each hearing by some means such as a
stenographic transcript, an audio recording or the equivalent. No other recording of the
proceedings is permitted. A respondent who has been found responsible after a hearing is entitled
upon request to a copy of such a record without cost upon the condition that it is not
to be disseminated except to the respondent’s advisor. In the event of an appeal, the parties
will be provided a copy of such a record without cost, upon the condition that it is not to be
disseminated except to their advisors.

G. Prohibition on Unauthorized Copying or Recording

The parties are prohibited from recording any part of the investigation and grievance process and
from unauthorized copying of documents or materials. Copying includes but is not limited to:
audio or video recording, streaming, photographing, scanning, transcribing, or any other form that
conflicts with the spirit of this directive. Allegations of non-compliance will be reviewed by the
Office of Student Affairs, or Human Resources, as appropriate, and may result in
disciplinary action.

H. Student Respondent Withdrawal Before Allegations are Resolved

A student who withdraws from CUNY shall not be exempt from a Sexual Misconduct investigation or
adjudication that commenced prior to withdrawal. When a student respondent withdraws from CUNY with
a Sexual Misconduct investigation or adjudication pending, the respondent will be barred from
attending any other college, school, or unit of CUNY until the investigation and/or adjudication is
complete or the allegations are otherwise resolved. If the respondent fails to appear at a
subsequent hearing, the college may proceed in absentia, and any decision and sanction shall be
binding, pending appeal.

When a college is notified of a respondent’s withdrawal, the college must place a notation on the
respondent’s transcript that the respondent “withdrew with conduct charges pending.” If
the respondent is subsequently found not responsible at a hearing, the transcript
notation will be removed. If the respondent is subsequently found responsible at a hearing and
the penalty is either suspension or expulsion, the transcript notation will be adjusted in
accordance with Section X-I, below.

When a student respondent transfers colleges within CUNY while an investigation is pending, the
college that instituted the investigation must complete the investigation before
transferring the matter to the respondent’s new institution for adjudication.

I. Transcript Notations

When a student respondent is found responsible and the penalty is either suspension or expulsion,
the college must place a notation on the respondent’s transcript stating that
respondent “was suspended [or expelled] after a finding of responsibility for a code of conduct
violation.”

For all other cases, after four years from the date of the conclusion of the disciplinary
proceeding, or one year after the conclusion of any suspension, whichever is later, the respondent
has the right to request that a transcript notation from a finding of responsibility be removed. In
cases where a student respondent was expelled as a result of a Clery Act crime of violence,²²
including but not limited to sexual assault, the notation will not be removed. If a finding of
responsibility is vacated for any reason, the notation must be removed.

J. Recordkeeping

All records related to a college’s response to allegations of Sexual Misconduct must be maintained
by the college for 7 years from the last action on a matter, unless such records must be maintained
for a longer period of time pursuant to CUNY’s Records Retention and Disposition Schedule.
These records include: records of any actions, including any supportive
measures or accommodations taken in response to allegations of Sexual Misconduct;
investigation records, materials, and documents; determinations regarding responsibility and
disciplinary sanctions; remedies provided to a complainant designed to restore or
preserve equal access to CUNY’s education program or activity; any appeals and the result; any informal resolution and the result; and any recordings or transcripts of hearings.

22 See 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII).

CUNY’s Records Retention and Disposition Schedule requires that student disciplinary records be
maintained permanently.

XI. PROCEDURES FOR TITLE IX SEXUAL HARASSMENT MATTERS

The following procedures apply only to Title IX Sexual Harassment matters.
A. Requirement of a Title IX Formal Complaint

The Title IX Coordinator will determine if the manner in which the initial allegations were
reported meets the criteria of a Title IX Formal Complaint, which is required to initiate a
grievance process or resolution.
A Title IX Formal Complaint is a document filed by a complainant or signed by the Title
IX Coordinator alleging Title IX Sexual Harassment (as defined in Section III) against a respondent
and requesting that the college investigate the allegations. The Title IX Coordinator may sign a
Title IX Formal Complaint with or without a complainant’s desire to participate in a grievance
process. A Title IX Formal Complaint may be a physical document, email or electronic submission
through a campus online form, so long as it contains the complainant’s physical or
digital signature, or otherwise indicates that the complainant is the person filing the complaint.
If the manner in which the initial allegations were reported does not meet the criteria of a Title
IX Formal Complaint, the Title IX Coordinator will contact the complainant to explain how to file a
Title IX Formal Complaint and notify them that a Title IX Formal Complaint is required to resolve
the allegations.
If no Title IX Formal Complaint is received within a reasonable time, the Title IX Coordinator may
administratively close the matter. A complainant may file a Title IX Formal Complaint at any time
thereafter.
B. Initiation of Title IX Grievance Procedure

Upon receipt of a Title IX Formal Complaint, the Title IX Coordinator will notify the
known parties that the college is commencing a Title IX grievance procedure. The notice will be in
writing and will include the following:
a. CUNY’s Policy on Sexual Misconduct;
b. Notice of the allegations, including sufficient details known at the time notice is
sent, including the date, time and location of the alleged behavior, the identity of the parties
and the specific act or acts that are alleged to violate the Policy’s prohibition of Title IX
Sexual Harassment, defined in Section III;
c. A statement that the respondent is presumed not responsible for the alleged conduct and that a
determination regarding responsibility is made at the conclusion of the grievance process;
d. A statement that the allegations outlined in the notice may not be the final
allegations considered by the college, and notice that if the college decides to investigate
additional allegations, the college will provide notice of the additional allegations in a timely
manner and with sufficient time for the parties to prepare for any hearing;
e. Notice that the parties may have an advisor of their choice, who may be an attorney;
f. Notice that parties may inspect and review evidence, as outlined in Section XI-E-b;

g. Notice that the parties are entitled to written notice of the date, time, location,
participants and purpose of all hearings, investigative interviews, or other meetings, with
sufficient time for the party to prepare to participate in any hearing, investigative interview or
meeting;
h. Notice that the burden of proof and the burden of gathering evidence sufficient to reach a
determination regarding responsibility rest on the college and not on the parties;
i. CUNY’s prohibition on knowingly making false statements or knowingly submitting false
information during the grievance process, as defined in Section III; and
j. CUNY’s prohibition on retaliation, as defined in Section III.
This notice will be provided at least five (5) days before any initial interview
unless a party consents to a shorter period.

C. Informal Resolution

A Title IX Formal Complaint may be resolved through an informal resolution process (Section X- B).

D. Dismissal of Title IX Formal Complaint Prior to Resolution

a. Mandatory Dismissals – If, at any time after receipt of a Title IX Formal
Complaint, it becomes clear that the allegations, if true, do not meet the definition of Title IX
Sexual Harassment, the Title IX Coordinator must dismiss the Title IX Formal Complaint.

b. Discretionary Dismissals – The Title IX Coordinator may dismiss a Title IX Formal
Complaint, or any allegations therein, if:

i. The complainant notifies the Title IX Coordinator in writing that the complainant
would like to withdraw the Title IX Formal Complaint or any allegations therein;
ii. The respondent is no longer enrolled or employed by CUNY; or
iii. Specific circumstances exist that prevent the college from gathering evidence
sufficient to reach a determination as to the Title IX Formal Complaint or allegations
therein.

c. Process following dismissal of Title IX Formal Complaint – Upon mandatory or discretionary
dismissal of a Title IX Formal Complaint, the Title IX Coordinator must determine whether the
allegations will proceed as a Non-Title IX Sexual Misconduct matter. The parties will
be notified of the dismissal in writing and provided an opportunity to appeal, as discussed
in Section XI-D-d. This notice will include:
i. The basis for the dismissal;
ii. Whether the allegations will proceed as a Non-Title IX Sexual Misconduct matter; and
iii. The parties’ right to appeal the dismissal and the procedures to do so.

d. Appeal – Either party may appeal the dismissal of a Title IX Formal Complaint on the following
grounds:
i. A procedural irregularity affected the outcome of the matter;
ii. New evidence that was not reasonably available at the time the dismissal was made, that could
affect the outcome of the matter; and/or
iii. The Title IX Coordinator had a conflict of interest or bias for or against complainants or
respondents generally or the individual complainant or respondent, that affected the outcome
of the matter.

Appeals under this section must be directed to the University Title IX Director in writing within
five (5) days after the delivery of the written dismissal notice.

The University Title IX Director will notify the non-appealing party in writing within five (5)
days of the receipt of any appeal under this section, and will notify the non-appealing party of
their opportunity to submit a written statement in support of, or challenging the dismissal of the
Title IX Formal Complaint, due within five (5) days after the delivery of written
notice from the University Title IX Director. The University Title IX Director will
issue a written decision describing the result of the appeal and the rationale for the result
within fifteen (15) days of the receipt of the appeal or within fifteen (15) days of the receipt of
the opposing party’s submission, whichever is longer. The University Title IX Director
will provide the written decision simultaneously to both parties.

A Title IX Coordinator must wait until an appeal under this section is decided by the University
Title IX Director before taking any further action as a Non-Title IX Sexual Misconduct matter.

E. Formal Resolution and Investigation

a. Rights of the Parties

When a Title IX Formal Complaint proceeds to formal resolution and investigation, the parties have
the following rights in addition to those outlined in Section X-A:

i. To have the Title IX Formal Complaint investigated, resolved and/or adjudicated by
individuals who receive training as required by federal regulation;
ii. To an evaluation of all relevant evidence, including both inculpatory and exculpatory
evidence and credibility determinations that are not based on a person’s status as a complainant,
respondent or witness;
iii. To receive reasonable advance written or electronic notice of allegations, including the
date, time, location and general description of the allegations, as well as the specific conduct
rule or law violated and the possible sanction;
iv. To exclude questions and evidence about their own sexual predisposition or prior sexual
behavior, unless such questions and evidence are offered to prove that someone other than the
respondent committed the conduct alleged by the complainant, or if the questions and evidence
concern specific incidents of the complainant’s prior sexual behavior with respect to the
respondent and are offered to prove consent (complainant only);
v. To exclusion (including the college’s access, consideration, disclosure or other use) of a
party’s records that are made or maintained by a physician, psychiatrist, psychologist or
other recognized professional or paraprofessional, and which are made and maintained in connection
with the provision of treatment to the party, unless the college obtains the party’s voluntary,
written consent;
vi. To offer evidence during the investigation, including both fact and expert witnesses and
other inculpatory and exculpatory evidence;
vii. To an investigative report that fairly summarizes relevant evidence;
viii. To inspect and review any evidence obtained as part of the investigation that is
directly related to the allegations raised in a Title IX Formal Complaint, including inculpatory or
exculpatory evidence whether obtained from a party or other source, consistent with FERPA and other
law; and to submit a written response within ten (10) days of receiving said evidence and to have
that written response considered by the Title IX Coordinator prior to the investigative report
being finalized;
ix. To review the investigative report at least ten (10) days prior to any hearing and to
respond in writing prior to a hearing or other time of determination regarding responsibility; and
x. To a live hearing and cross examination; CUNY will provide an advisor to any party who does
not have one, for the limited purpose of conducting cross examination at a hearing.

b. Investigation

The Title IX Coordinator is responsible for conducting investigations in a prompt, thorough, and
impartial manner. Whenever an investigation is conducted, the Title IX Coordinator must:

i. Inform the parties that a Title IX grievance procedure and investigation is
being commenced and their rights during such investigation, as outlined in Sections X-A and XI-
E-a;
ii. Coordinate investigative efforts with other appropriate offices;
iii. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach
a determination regarding responsibility rest on the college and not on the parties; and
iv. Interview witnesses who might reasonably be expected to provide information relevant to
the allegations, and review relevant documents and evidence.

The college must make reasonable efforts to ensure that the investigation is carried out within a
reasonably prompt timeframe. While some allegations may require more extensive investigation, when
possible, the investigation of a Title IX Formal Complaint must be completed within one
hundred-twenty (120) days of receipt of the Title IX Formal Complaint (including the evidence
review process, completion of the investigative report and report review process, as
discussed below).

If there is a delay in completing the investigation, the Title IX Coordinator must notify the
parties in writing and indicate the reason for the delay. The Title IX Coordinator should also
note the reason for delay and projected timeline for completing the investigation in their
case file. The reason for extension of the time frame of an investigation may include,
but is not limited to: compliance with a request by law enforcement; a limited accommodation
for the availability of parties, their advisors and witnesses; students on leave; exam periods,
school breaks or vacations; and accounting for the complexities of a specific investigation,
including the number of witnesses and volume of information provided by the parties.

i. Post Investigation Review of Relevant Documents and Materials

Prior to the completion of the investigative report (discussed below), the Title IX Coordinator
will send the parties (either in hard copy or electronic form) all of the relevant documents and
materials gathered during the investigation that are directly related to the allegations raised in
the Title IX Formal Complaint. These materials include any evidence upon which the Title IX
Coordinator does not intend to rely when making a determination regarding responsibility and
inculpatory or exculpatory evidence, whether obtained from a party or another source. The parties
may submit a written response, due within ten (10) days after the materials are
provided, which will be considered by the Title IX Coordinator prior to finalizing the
investigative report.

The parties and their advisors must sign an agreement not to disseminate any of the
evidence subject to inspection and review or use such evidence for any purpose unrelated to the
Title IX grievance process.

The parties will have access to use and refer to these documents and materials during a hearing.

ii. Investigative Report

Upon completion of the investigation, the Title IX Coordinator must prepare an
investigative report, which will fairly summarize all relevant evidence gathered during the
investigation. The investigative report must include:

1. Procedural history of the case;
2. Alleged Policy violations;
3. A list of individuals interviewed;
4. A list of exhibits;
5. A list of additional documents and materials (not included as an exhibit) obtained as part of
the investigation and directly related to the allegations, including inculpatory or
exculpatory evidence; and
6. A summary of party and witness statements and other relevant evidence, including a
summary of relevant evidence pertaining to each allegation.

iii. Review of Investigative Report

Upon completion of the investigative report, and atleast ten (10) days prior to any hearing, the
Title IX Coordinator will send the report to each party (and the party’s advisor, if applicable)
for their review and written response. A party’s written response to the report is due within ten
(10) days after the report is provided, and will be shared with the Adjudication Committee and
other party prior to a hearing.

c. Live Hearing

Following the completion of the investigation and investigative report, as outlined above in
Section XI-E-b, all Title IX Sexual Harassment matters will proceed to a live hearing. The same
process and procedures will apply regardless of whether the respondent is a student or employee,
although specific information regarding employee penalties is included in Section XI-E-c-ii-3 and
Section XI-E-f.

When possible, the live hearing must be completed within sixty (60) days after completion of the
investigation.
Live hearings pursuant to this section may be conducted with all parties physically present in the
same geographic location or, at the college’s discretion, any or all parties, witnesses, and other
participants may appear at the live hearing virtually, with technology enabling participants to see
and hear each other simultaneously.

i. Pre-hearing procedures
1. Referral for Hearing

Following the conclusion of the investigative process, the Title IX Coordinator will notify
the following parties that the matter is ready for a hearing before the Adjudication Committee:
A. For student respondents: University Title IX Director and college Office of Student Affairs.
B. For employee respondents: University Title IX Director; college Office of Human Resources and
college Labor Designee.
The University Title IX Director will facilitate the selection and scheduling of the Adjudication
Committee, which will be comprised of members of the CUNY-wide Sexual Misconduct Panel (See
Section X-C). The University Title IX Director will determine an appropriate physical
location for the hearing on a case by case basis. After the Adjudication Committee is selected and
the hearing is scheduled, the college Office of Student Affairs or college Office of
Human Resources will coordinate the hearing, including, for example, providing a location,
facilitating a remote platform, recording the hearing and arranging for presenters and advisors, as
needed.
2. Issuance of Notice of Hearing

The college Office of Student Affairs or Office of Human Resources/Labor Relations will issue the
Notice of Hearing to both parties, which will include the date, time and location of the hearing
and notice of the allegations identified in the investigative report. The Notice of Hearing must be
sent by both first-class mail (or overnight mail) to the physical address or P.O. box
address appearing on the records of the college and email using the party’s CUNY email address,
and any other email address known to the college. Notice of at least seven (7) days will be
provided.

The parties are permitted one adjournment each, for a reasonable amount of time under
the circumstances, without specifying a reason. Additional requests for an adjournment must be made
at least five (5) days prior to the hearing date, and shall be granted or denied at the discretion
of the chairperson of the Adjudication Committee. If either party fails to respond to the notice,
appear on the adjourned date, or request an extension, the college may proceed without their
presence, and any determinations of responsibility will be final, subject to appeal.

The Notice of Hearing must contain the following:

A. A complete and itemized statement of the allegations against the respondent, including the
policy the respondent is charged with violating, and the possible penalties for such
violation; and

B. A statement that the parties have the right to attend and participate fully in the hearing
including the right:
a. To present their side of the story;
b. To present witnesses and evidence on their behalf;
c. To be represented by an advisor (who may be an attorney, at their own expense) and if the
respondent or the complainant does not have an advisor at the hearing, the college must provide an
advisor for the limited purpose of cross examination.
d. For their advisor to cross-examine witnesses presenting evidence;
e. For the respondent to remain silent without assumption of responsibility; and
f. A warning that anything said may be used at a non-college hearing.

3. Review of Evidence before Hearing

At least five (5) days prior to the commencement of a hearing, the college will provide the parties
and their advisors:

A. A list of documents or other tangible evidence that the college intends to use at the hearing.
In the event the college intends to use documents or other tangible evidence at the hearing that
was not provided to the parties during the investigation phase, the college must provide those
materials to the parties and their advisors at least five (5) days prior
to commencement of a hearing; and
B. A copy of the other party’s written response to the investigative report.

At least five (5) days prior to the commencement of a hearing, the college will provide the members
of the Adjudication Committee the following:

A. The investigative report, including exhibits; and
B. The parties’ written responses to the investigative report.

ii. Hearing Procedures

All hearings pursuant to this Policy are closed hearings, meaning that participation and
observation is limited to the parties, their advisors, witnesses, the Adjudication
Committee, the college presenter and any college or CUNY staff required to coordinate the
hearing.

1. Roles and Responsibilities

The participants at the hearing are the college, the respondent and the complainant.

Adjudication Committee

The Adjudication Committee, discussed in Section X-C, serves as the decision-maker at
the hearing. Prior to the hearing, the Adjudication Committee will review the investigative
report, exhibits and the parties’ written responses to the investigative report. During
the hearing, the Adjudication Committee will listen to the testimony, review and
consider evidence and ask questions of the witnesses. After the hearing, the Adjudication
Committee will consider all of the information and evidence reviewed, make a decision as to
responsibility and penalty (if applicable) and issue a written determination of responsibility.

Adjudication Committee Chairperson

The chairperson must preside at all hearing sessions and meetings. At the commencement of the
hearing, the chairperson must inform the parties of the charges, the hearing procedures, and their
rights. The chairperson must then ask the respondent to state whether they are responsible or not
responsible for the conduct. The chairperson shall exclude from the hearing room all persons who
are to appear as witnesses, except the respondent and the complainant.

The chairperson must rule on the admissibility of evidence and must exclude irrelevant
questioning, testimony and evidence.

College Presenter

The college will be represented by a presenter. Each academic year, the Chief Student Affairs
Officer of each campus, must appoint/identify one or more campus college employees to serve as
presenters for hearings against student respondents involving their campuses. Similarly,
the College Labor Designee, Director of Human Resources or a designee must appoint/designate one or
more campus college employees to serve as presenters against employee respondents involving their
campuses. This list should be forwarded to the University Title IX Director and the Office of the
Vice Chancellor for Student Affairs prior to the first day of the academic year.

Advisors

The parties may be accompanied by an advisor of their choice (who may be an attorney) who may fully
participate at the hearing, including advising and representing a party. In the event a party does
not have an advisor present at the hearing, the college must provide an advisor for the limited
purpose of conducting cross-examination on behalf of that party.

Advisors must treat all hearing participants, including the Adjudication Committee, parties and
witnesses, with respect. Advisors must also abide by the Rules of Decorum promulgated
by CUNY. Any party intending to appear with an attorney must give the college five (5) days’ notice
of the attorney’s name and contact information.

2. Responsibility Phase

The college bears the burden of proving the allegations by a preponderance of the evidence.

Presentation of Evidence

Evidence will be presented in the following order: college, complainant and respondent.
The parties have an equal opportunity to present relevant evidence, including fact and expert
witnesses and other inculpatory and exculpatory evidence to the Adjudication Committee. If a party
submits documentary evidence during a hearing that was not previously shared during the
investigation, the chairperson may, at the request of any other party grant and adjournment of the
hearing as necessary in the interest of fairness, to permit the requesting party time
to review the newly produced evidence.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are
not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are
offered to prove that someone other than the respondent committed the conduct alleged by the
complainant, or if the questions and evidence concern specific incidents of the complainant’s prior
sexual behavior with respect to the respondent and are offered to prove consent.
Questions and evidence of the mental health diagnosis and/or treatment of any party may not be
introduced, unless that party provided their voluntary and written consent for such materials to be
made part of the investigation and the information is directly related to the allegations raised in
the Title IX Formal Complaint.

Cross Examination

Each party’s advisor will be permitted to ask the other party and any witnesses all
relevant questions and follow-up questions, including those challenging credibility. A
party may not conduct cross-examination personally, but must do so through their advisor. In the
event a party does not have an advisor and the case proceeds to a hearing, the college must provide
an advisor for the limited purpose of conducting cross-examination on behalf of that party.
Before a complainant, respondent, or witness answers a cross-examination or other question, the
Adjudication Committee Chairperson must first determine whether the question is relevant and
explain any decision to exclude a question as not relevant.
If a party or witness does not submit to cross examination at the live hearing, the Adjudication
Committee must not rely on any statement of that party or witness in reaching a determination
regarding responsibility; provided, however, that the Adjudication Committee cannot draw
an inference about the determination regarding responsibility based solely on a party’s or
witness’s absence from the live hearing or refusal to answer cross examination or other questions.

3. Penalty Phase

If a respondent is found responsible for violating the Policy, the Adjudication Committee
will determine the penalty to be imposed; except that if the respondent is a represented employee
whose discipline is subject to a collective bargaining agreement with CUNY or an
employee with disciplinary rights under the New York State Civil Service Law, there will be no
penalty phase, and a determination that the respondent is responsible will be referred for
discipline under the applicable collective bargaining agreement or Civil Service Law.
Following the responsibility phase of the hearing, the complainant, respondent, and college, will
have the opportunity to introduce evidence and make arguments related to what the appropriate
penalty should be, in the event the respondent is found responsible for violating the Policy. The
complainant, respondent and college will also have the opportunity to introduce evidence of and
comment on the respondent’s character, including any past findings of responsibility for Domestic
Violence, Stalking, Sexual Assault or any other Sexual Misconduct, and submit a
statement regarding the impact of the conduct.

The college may also introduce a copy of the respondent’s previous disciplinary records, if any,
from any CUNY institution the respondent has attended, provided the respondent was shown a copy of
the records prior to the commencement of the hearing.

The Adjudication Committee will consider the disciplinary records, as well as any documents or
character evidence introduced by the respondent, the complainant, or the college, in determining an
appropriate penalty.

If either party chose not to participate in the responsibility phase of hearing, they still have
the opportunity to introduce evidence and make arguments related to what the appropriate penalty
should be and to provide or make an impact statement.

d. Determination of Responsibility

Following the hearing, the Adjudication Committee will determine whether there
is a preponderance of evidence that the respondent violated the Policy, which may be
based on information contained in the investigative report and the testimony and evidence
presented at the hearing.
The Committee will issue a written Determination of Responsibility, which must include
the following:
i. Identification of the allegations potentially constituting Sexual Misconduct;
ii. A description of the procedural steps taken from the receipt of the Title IX Formal
Complaint through the determination, including any notifications to the parties, interviews with
parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
iii. Findings of fact supporting the determination;
iv. Conclusions regarding the application of this Policy to the facts;
v. A statement of, and rationale for, the result as to each allegation, including a
determination regarding responsibility;
vi. If a student respondent is found responsible, any disciplinary sanctions that will be
imposed on the respondent or, if an employee is found responsible, a statement that the matter will
be referred for discipline under the applicable collective bargaining agreement or Civil Service
Law, as applicable;
vii. A statement of whether remedies designed to restore or preserve equal access to CUNY’s
education program or activity will be provided to the complainant; and
viii. Procedures and permissible bases for the parties to appeal.
The college will send the written determination of responsibility to the parties simultaneously,
within fifteen (15) days of the conclusion of the hearing. The determination of responsibility will
be sent by both first-class mail (or overnight mail) to the physical address or P.O. box address
appearing on the records of the college and email using the party’s CUNY email address, and any
other email address known to the college. In cases involving two or more complainants
or respondents, the college has twenty (20) days from the conclusion of the hearing to
send the decision. The decision is final subject to any appeal.

e. Remedies for Complainants

In the event the respondent is found responsible for violating the Policy, the Title IX Coordinator
will implement remedies for the complainant, designed to restore or preserve equal access to the
recipient’s education program or activity. Such remedies may include a continuation of the same
supportive measures and accommodations described in Section VIII, but need not be non-
disciplinary or non-punitive and need not avoid burdening the respondent.

f. Sanctions for Respondents Range of Sanctions for Student Respondents

Sanctions for student respondents range from a warning to suspension or expulsion from CUNY. When a
disciplinary hearing results in a penalty of expulsion or suspension for one term or more, the
respondent must be barred from admission to, or attendance at, any other unit of CUNY while the
penalty is being served.

Students may also be subject to CUNY’s policy on transcript notations which is
discussed in Section X-I.

Range of Sanctions for Employees

As discussed above in Section XI-E-c-ii-3, there will be no penalty phase for employees who is
subject to a disciplinary process contained in a collective bargaining agreement with CUNY or an
employee with disciplinary rights under the New York State Civil Service Law; instead,
a determination that the respondent is responsible will be referred for discipline under the
applicable collective bargaining agreement or Civil Service Law. For all other employees, sanctions
range from a reprimand to suspension to termination of employment.

XII. PROCEDURES FOR NON-TITLE IX SEXUAL MISCONDUCT MATTERS

The following procedures will apply to Non-Title IX Sexual Misconduct matters.
When the college becomes aware that Sexual Misconduct may have been committed by or against a
student, employee or visitor, the college must conduct an investigation unless the information
provided is insufficient to permit an investigation or the complainant has requested that the
college refrain from such an investigation and the college has determined that
refraining from an investigation will not result in a continuing threat to the college community.
See Section VII-C.

A. Rights of the Parties

Whenever an investigation of Non-Title IX Sexual Misconduct takes place, the parties have the
rights described in Section X-A.

B. Informal Resolution

A Non-Title IX Sexual Misconduct matter may be resolved through an informal resolution process
(Section X-B).

C. Investigation

The Title IX Coordinator is responsible for conducting any investigation in a prompt, thorough, and
impartial manner. Whenever an investigation is conducted, the Title IX Coordinator must:

a. Coordinate investigative efforts with other appropriate offices;
b. Provide the parties written notice that an investigation is being commenced,
including notice of the allegations and sufficient details known at the time notice is sent,
including the date, time and location of the alleged behavior and the specific act or acts
that are alleged to violate the Policy’s prohibition on Sexual Misconduct;
c. Interview witnesses who might reasonably be expected to provide information relevant to the
allegations, and review relevant documents and evidence. Both the complainant and respondent must
be informed that they have the right to provide relevant documents and to propose witnesses whom
they reasonably believe can provide relevant information. A respondent employee who is
covered by a collective bargaining agreement may consult with and have a union representative
present at any interview of that employee conducted as part of such investigation; and
d. Create an investigative report that fairly summarizes relevant evidence and makes findings as
to whether, in the investigator’s opinion, there is a preponderance of evidence that the respondent
is responsible for the allegation(s).

The college must make reasonable efforts to ensure that the investigation and
resolution of allegations of Sexual Misconduct are carried out within reasonably prompt
timeframes. While some allegations may require more extensive investigation, when possible, the
investigation of allegations of Sexual Misconduct (including completion of the
investigative report) must be completed within one hundred-twenty (120) days of the receipt of
the allegations.

If there is a delay in completing the investigation, the Title IX Coordinator must notify the
parties in writing and indicate the reason for the delay. The Title IX Coordinator should also
note the reason for delay and projected timeline for completing the investigation in their
case file. The reason for extension of the time frame of an investigation may include,
but is not limited to: compliance with a request by law enforcement; a limited accommodation
for the availability of parties, their advisors and witnesses; students on leave; exam periods,
school breaks or vacations; and accounting for the complexities of a specific investigation,
including the number of witnesses and volume of information provided by the parties.

Upon completion of the investigation, the Title IX Coordinator must prepare an
investigative report, which will fairly summarize and evaluate relevant evidence
gathered during the investigation. The investigative report will include:

a. Procedural history of the case;
b. Alleged Policy violations;
c. A list of individuals interviewed;
d. A list of exhibits;
e. Summary of party and witness statements and other relevant evidence;
f. Analysis of evidence, including credibility assessments; and
g. Factual findings regarding whether, in the investigator’s opinion, there is a preponderance of
evidence that the respondent is responsible for the allegation(s).

D. Action Following the Investigation or Termination of an Investigation
a. Students

If the complainant is a student, the Title IX Coordinator must provide the investigative report to
both parties within five (5) days of the completion of the report. If the
allegations are unsubstantiated, in whole or in part, the student complainant has the right to
appeal the Title IX Coordinator’s determination to an Appeal Committee. Appeals may be based
on the following grounds:

i. Procedural irregularity that affected the outcome of the matter
ii. New evidence that was not reasonably available at the time of the investigation, which
could affect the outcome of the matter; or
iii. The Title IX Coordinator had a conflict of interest or bias for or against
complainants or respondents generally or the individual complainant or respondent that affected the
outcome of the matter.

The complainant must submit their written appeal to the University Title IX Director within fifteen
(15) days after the delivery of the investigative report. The University Title IX
Director will provide the complainant’s appeal to the respondent within five (5) days
of submission. The respondent will have the opportunity to submit a written response to the
appeal, due within fifteen
(15) days after the delivery of the complainant’s appeal.

The University Title IX Director will facilitate the composition and scheduling of the
Appeal Committee, which will be comprised of members of the CUNY-wide Sexual Misconduct Panel, as
outlined in Section X-C. The Appeal Committee will review the investigative report, the complainant’s appeal and the respondent’s response, if any. The Appeal Committee will issue a
written decision within fifteen (15) days of receipt of the respondent’s written
submission or failure to provide a submission. The written decision will be provided
simultaneously to both parties.

If the Appeal Committee grants the appeal, it may remand the matter for appropriate action, which
may include, but is not limited to, the evaluation of new evidence or a new investigation.

Following the appeal, if any, the Title IX Coordinator shall send the investigative report, as well
as any decision on appeal, to the College President. If either party is a student, the
investigative report must also be sent to the Chief Student Affairs Officer. A copy of the report
and any decision on appeal must be maintained in the files of the Title IX Coordinator.

Following receipt of the investigative report, the College President must, when warranted by the
facts, authorize such action as they deem necessary, including action to correct the effects of the
conduct investigated or prevent further harm to an affected party or others similarly situated.
This may include a recommendation that disciplinary action be commenced against a respondent, as
set forth in Section XII-E below, or for unsubstantiated findings, authorization to close the
matter.

Within thirty (30) days following the termination of an investigation (for example, because it was
resolved by informal resolution or the complainant withdrew cooperation); the Title
IX Coordinator will summarize for the file the actions taken in response to the allegations and
the basis on which the investigation was closed.

b. Employees

The Title IX Coordinator must provide the investigative report to the College President. Following
receipt of the investigative report, the College President must, when warranted by the
facts, authorize such action as they deem necessary, including action to correct the effects of the
conduct investigated or prevent further harm to an affected party or others similarly situated.
This may include a recommendation that disciplinary action be commenced against a respondent, as
set forth in Section XII-E below, or for unsubstantiated findings, authorization to close the
matter.

Within thirty (30) days following the termination of an investigation (for example, because it was
resolved by informal resolution or the complainant withdrew cooperation); the Title
IX Coordinator will summarize for the file the actions taken in response to the allegations and
the basis on which the investigation was closed.

E. Disciplinary Process and Procedures
a. Disciplinary Action

The following procedures apply when the College President recommends that disciplinary action be
commenced against a respondent student or employee for violations of this Policy:

i. Discipline Against Students

When a College President recommends discipline against a student for violations of this Policy, the
matter is referred to the college Office of Student Affairs and action must be taken
in accordance with Section XI-E-b/c, below.

Sanctions for student respondents following a disciplinary hearing range from a warning
to suspension or expulsion from CUNY. When a disciplinary hearing results in a penalty of expulsion
or suspension for one term or more, the respondent must be barred from admission to, or attendance
at, any other unit CUNY while the penalty is being served. Students may also be
subject to CUNY’s policy on transcript notations, discussed in Section X-I.

In addition to the rights described in Section X–A, the parties have the following
rights at a disciplinary hearing:

1. To receive notice of the charges, including the date, time, location and factual
allegations, concerning alleged violation of this Policy;
2. To receive notice of the specific provisions alleged to have been violated and
possible sanctions;
3. To make an impact statement at the point when the Adjudication Committee is
deliberating on appropriate sanctions;
4. To choose whether to disclose or discuss the outcome of a conduct or judicial
process;
5. To appeal a determination of responsibility before a panel that is fair and impartial and does
not include individuals with conflicts of interest;
6. To have all information obtained during the conduct process protected from public release
until a decision-maker on appeal makes a final determination, unless otherwise required by
law.

ii. Discipline Against Employees

In cases where the College President recommends discipline against an employee, the matter is
referred for disciplinary action in accordance with the applicable CUNY policies, rules
and collective bargaining agreements. Penalties for employees include, depending on the employee’s
title, reprimand, suspension, demotion, fine, or termination of employment following applicable
disciplinary procedures. For many respondent employees, these procedures may include a hearing
before a non-CUNY fact-finder, as required by the applicable collective bargaining agreement.

For additional information on the disciplinary process in specific cases, parties should consult
their campus Title IX Coordinator, who will work with campus Human Resources Director or Labor
Designee to provide information. Respondents may also consult with their union representative, if
any.

iii. Action Against Visitors
In cases where the person accused of Sexual Misconduct is not a CUNY student or employee, the
college’s ability to take action against the respondent is usually limited. However, the college
will take appropriate actions within its control, such as restricting the visitor’s access to
campus.

iv. No Disciplinary Action
In cases where the College President decides not to bring disciplinary action, the
Title IX Coordinator must inform the parties of that decision at the same time, in writing, and
must offer any appropriate support services, including counseling, to both.

b. Student Discipline – Pre Hearing Procedures

i. Referral of Violation for Disciplinary Action
If the College President decides that discipline is warranted, the President will refer the matter
to the Chief Student Affairs Officer for further action. The Chief Student Affairs officer may rely
on the investigation and determination of the Title IX Coordinator and prefer disciplinary charges.

In instances where a respondent is alleged to have violated this Policy as well as other CUNY
policies, rules or bylaws, the entire matter will be heard before the Adjudication Committee and
will follow the rules and procedures outlined in this Policy.

ii. Issuance of Notice of Charges and Hearing

Notice of the charge(s) and of the time and place of the hearing must be sent by both first-class
mail (or overnight mail) to the physical address or P.O. box address appearing on the records of
the college and email using the party’s CUNY email address, and any other email address known to
the college.

The hearing must be scheduled within a reasonable time following the filing of the charges or the
mediation conference. Notice of at least seven (7) days must be given to the parties in advance of
the hearing unless the respondent consents to an earlier hearing. The parties are permitted one
adjournment each, for a reasonable amount of time under the circumstances, without specifying a
reason. Additional requests for an adjournment must be made at least five (5) days prior to the
hearing date, and shall be granted or denied at the discretion of the chairperson of the
Adjudication Committee. If either party fails to respond to the notice, appear on the adjourned
date, or request an extension, the college may proceed without that party present, and
any determination of responsibility or sanction will be binding.

The Notice of Charges and Hearing must contain the following:

1. A complete and itemized statement of the charge(s) being brought against the respondent
including the policy, rule and/or bylaw the respondent is charged with violating, and the possible
penalties for such violation; and
2. A statement that the parties have the right to attend and participate fully in the hearing
including the right:

a. To present their side of the story;
b. To present witnesses and evidence on their behalf;
c. To cross-examine witnesses presenting evidence, the exception being that the
complainant and respondent may not cross-examine each other as discussed below;
d. For the respondent to remain silent without assumption of responsibility;
e. To be represented by an advisor or legal counsel at their expense; if the respondent or the
complainant requests it, the college shall assist in finding a legal counsel or advisor; and
3. A warning that anything said may be used at a non-college hearing.

iii. Review of Evidence before Hearing

At least five (5) days prior to the commencement of a hearing, the college must provide the parties
(and their advisors, if applicable), with similar and timely access to review documents or other
tangible evidence that the college intends to use at the disciplinary hearing, consistent with the
restrictions imposed by FERPA. If a party submits documentary evidence during the hearing, the
chairperson may, at the request of any other party, adjourn the hearing as necessary in the
interest of fairness, to permit the requesting party time to review the newly produced evidence.

iv. Admission & Acceptance of Penalty

After the charges have been preferred by the Chief Student Affairs Officer, but prior
to the commencement of a hearing, the respondent may admit to the charges and accept the penalty
that the Chief Student Affairs Officer determines to be appropriate to address the misconduct.
Before resolving allegations in this manner, the Chief Student Affairs Officer, or
designee, must first consult with the complainant and provide the complainant with an
opportunity to object to the proposed resolution, orally and/or in writing. If a resolution is
reached over the complainant’s objection, the Chief Student Affairs Officer must provide the
complainant with a statement of the reasons supporting such resolution, and the complainant may
appeal the resolution to the Appeal Committee.

c. Student Discipline – Hearing Procedures

The participants at the hearing are the college, the respondent and the complainant. All hearings
pursuant to this Policy are closed hearings, meaning that participation and observation is limited
to the parties, their advisors, witnesses, the Adjudication Committee, the college presenter and
any college or CUNY staff required to coordinate the hearing.

i. Roles and Responsibilities Adjudication Committee

The Adjudication Committee serves as the decision-maker at the hearing and is comprised
of members of the CUNY-wide Sexual Misconduct Panel. The role of the Adjudication Committee is to
listen to the testimony, ask questions of the witnesses, review the testimony and evidence
presented at the hearing and the papers filed by the parties and make a decision as to
responsibility.

In the event the respondent is found responsible for the conduct, the committee must
then determine the penalty to be imposed.
Adjudication Committee Chairperson

The chairperson must preside at the hearing. At the commencement of the hearing, the chairperson
must inform the parties of the charges, the hearing procedures, and their rights. The chairperson
must then ask the respondent to state whether they are responsible or not responsible
for the conduct. Prior to accepting testimony at the hearing, the chairperson must rule on any
motions regarding the adequacy of the notice of the charge(s). Subsequent thereto, the chairperson
must rule on any motions regarding the admissibility of evidence and must exclude irrelevant,
unreliable or unduly repetitive evidence. The chairperson must exclude from the hearing room all
persons who are to appear as witnesses, except the respondent and the complainant.

The chairperson must preside at all hearing sessions and meetings and make all procedural rulings
for the panel. The chairperson has discretion to limit the number of witnesses and the length of
testimony for the presentations by any party and/or their representative.

College Presenter

The college will be represented by a presenter. Each academic year, the Chief Student Affairs
Officer of each campus, must appoint/identify one or more campus college employees to serve as
presenters for hearings against student respondents involving their campuses. This list must be
forwarded to the University Title IX Director and the Office of the Vice Chancellor for Student
Affairs prior to the first day of the academic year.

Advisors

The parties may be accompanied by an advisor of their choice (who may be an attorney) who may fully
participate at a hearing, including advising and representing a party. Advisors may not give
testimony as a witness at the hearing. Any party intending to appear with an attorney must give the
college five (5) days’ notice of the attorney’s name and contact information. Advisors must treat
all hearing participants, including the Adjudication Committee, parties and witnesses, with
respect. Advisors must also abide by the Rules of Decorum promulgated by CUNY.

ii. Responsibility Phase

The college bears the burden of proving the charge(s) by a preponderance of the evidence.

The parties will present evidence in the following order: college, complainant and respondent. At
the conclusion of the college’s presentation, the respondent may move to dismiss the charges. If a
party submits documentary evidence during a hearing that was not previously shared during the
investigation, the chairperson may, at the request of any other party, adjourn the
hearing as necessary in the interest of fairness, to permit the requesting party time
to review the newly produced evidence.

Evidence of the mental health diagnosis and/or treatment of a complainant, respondent, or witness
may not be introduced. Evidence of either party’s prior sexual history may not be introduced except that evidence of prior sexual history between complainant and respondent is admissible at any
stage of the hearing to prove consent.
A party may not conduct cross-examination personally, but must do so through their advisor. In the
event a party does not have an advisor and the case proceeds to a hearing, the college may assist
them to find an advisor for the purpose of conducting cross-examination on behalf of that party.

iii. Penalty Phase

If the panel finds the respondent responsible for the conduct, then the complainant, respondent,
and college, will have the opportunity to introduce evidence and make arguments related what the
appropriate penalty should be. The complainant, respondent and college will also have
the opportunity to introduce evidence of and comment on the respondent’s character, including any
past findings of a respondent’s responsibility for Domestic Violence, Stalking, Sexual Assault or
any other Sexual Misconduct, and submit a statement regarding the impact of the conduct.

The College may also introduce a copy of the respondent’s previous disciplinary records, if any,
from any CUNY institution the respondent has attended, provided the respondent was shown a copy of
the records prior to the commencement of the hearing. The previous disciplinary record must be
submitted to the panel in a sealed envelope, bearing the respondent’s signature across the seal,
and must only be opened if the respondent has been found responsible for the conduct
charged. The Adjudication Committee, to determine an appropriate penalty, must use the
disciplinary records, as well as any documents or character evidence introduced by the respondent,
the complainant, or the college.

If either party chose not to participate in the hearing, they still have the opportunity to
introduce evidence and make arguments related what the appropriate penalty should be and to provide
or make an impact statement.

iv. Decision

The Adjudication Committee must issue a written decision, which must be based solely on the
testimony and evidence presented at the hearing, including the penalty phase. The college must send
the written decision to the parties within seven (7) days of the conclusion of the hearing, by
regular mail (or overnight mail) and e-mail to the address appearing on the records of the college.
In cases involving two or more complainants or respondents, the college has fourteen (14) days of
the conclusion of the hearing to send the panel’s decision. The decision is final subject to any
appeal.

XIII. COLLEGE OBLIGATIONS UNDER THIS POLICY

In addition to addressing allegations of Sexual Misconduct, colleges/units of CUNY have
the following obligations:

A. Dissemination of Policies, Procedures, and Notices

The Title IX Coordinator, in coordination with the Office of Student Affairs, Office of
Public Safety, Human Resources Department and other appropriate offices, is responsible for the
wide dissemination of the following on their campus: (i) this Policy; (ii) CUNY’s
Notice of Non- Discrimination; (iii) the Title IX Coordinator’s name, phone number, office
location, and email address and (iv) contact information for the campus Public Safety
Office. Such dissemination includes posting the documents and information on the college
website, and including it in residence life materials and training and educational materials.

The Students’ Bill of Rights, which is appended to and made a part of this Policy,
must be distributed to any individual reporting an incident of Sexual Misconduct at the time the
report is made. It must also be distributed annually to all students, made available on the
college’s website and posted in college campus centers and in CUNY owned and operated housing.

B. Training and Educational Programming

CUNY is responsible for providing training to Title IX Coordinators, investigators, CUNY-wide
Sexual Misconduct Panel members and anyone who facilitates informal resolutions.

The Title IX Coordinator, in coordination with other applicable offices, including Public Safety,
Human Resources and Student Affairs, is responsible for ensuring that the college
provides training to college employees on their obligations under this Policy; provides education
on this Policy and on Sexual Misconduct (including Domestic Violence, Dating Violence, Stalking and
Sexual Assault) to new and continuing students; and promotes awareness and prevention of Sexual
Misconduct among all students and employees. Specific required trainings include the following:

a. Training For Responsible and Confidential Employees

The college must provide training to all employees who are required to report incidents of Sexual
Misconduct under this Policy, as well as those employees who have been designated as
confidential employees.

b. Training For Title IX Coordinators, investigators, CUNY-wide Sexual Misconduct
Panel members, and any person who facilitates an informal resolution

CUNY will provide training on the topics below to Title IX Coordinators, investigators, CUNY- wide
Sexual Misconduct Panel members, and any person who facilitates an informal resolution process.
Training for Title IX Coordinators and investigators will be at least annual.

i. The definition of Sexual Misconduct, including Sexual Harassment, Title IX Sexual
Harassment, Dating Violence, Domestic Violence and Stalking;

ii. How to conduct an investigation;
iii. How to create an investigative report that fairly summarizes relevant evidence;
iv. The grievance process, including hearings, appeals and informal resolution
processes, as applicable;
v. Impartiality, including avoiding prejudgment of the facts, conflicts of interest, and bias;
vi. Relevance of questions and evidence, including the fact that sexual
predisposition or prior sexual acts with individuals other than the parties are generally not
relevant, the rights of the respondent, including the right to a presumption that the
respondent is “not responsible” until a determination regarding responsibility is made at
the conclusion of the applicable processes;
vii. The scope of the college’s education programs and activities;
viii. The effects of trauma;
ix. Other relevant CUNY policies and procedures; and
x. Any technology to be used at a live hearing.

c. Student Onboarding and Ongoing Education

Each college must adopt a comprehensive student onboarding and ongoing education campaign to
educate students about Sexual Misconduct, including Domestic Violence, Dating Violence,
Stalking, and Sexual Assault. During the student onboarding process, all new first-year
and transfer students must receive training on this Policy and on a variety of topics relating to
Sexual Misconduct. In addition, each college shall offer and administer appropriate
educational programming to residence hall students, athletes, and student leaders. Each
college must also provide such educational programming to any other student groups which the
college determines could benefit from education in the area of Sexual Misconduct. The
college must also share information on Domestic Violence, Dating Violence, Stalking and Sexual
Assault prevention with parents of enrolling students. This may be done by linking to
http://www1.cuny.edu/sites/title- ix/information-for-parents-and-families/campus/university/.

C. Campus Climate Assessments

Each college of CUNY must conduct, no less than every other year, a climate assessment using an
assessment instrument provided by CUNY’s central office, to ascertain its students’
general awareness and knowledge of CUNY’s Policy and procedures regarding sexual
misconduct, including but not limited to student experiences with and knowledge of reporting,
investigation and disciplinary processes. The assessment instrument must include all
topics required to be included under applicable law, including Section 129-B of the New York
State Education Law. CUNY will publish the results of the surveys on its Title IX web page. The
published results will not contain any information which would enable a reader to identify any
individual who responded to the climate assessment.

XIV. RULES REGARDING INTIMATE RELATIONSHIPS BETWEEN EMPLOYEES AND STUDENTS

A. Relationships Between Faculty or Employees and Students

Sexual activity or amorous or dating relationships (“intimate relationships”), even when apparently
consensual, are inappropriate when they occur between a faculty member or employee and any student
for whom they have a professional responsibility. Those relationships are inappropriate because
of the unequal power dynamic between students and faculty members and between students
and employees who advise or evaluate them, such as athletic coaches or workplace
supervisors. Such relationships necessarily involve issues of student vulnerability and have
the potential for coercion. In addition, conflicts of interest or perceived conflicts of interest
may arise when a faculty member or employee is required to evaluate the work or make
personnel or academic decisions with respect to a student with whom they are having an intimate
relationship.

Therefore, faculty members and other employees are prohibited from engaging in intimate
relationships with students for whom they have a professional responsibility,
including undergraduates, graduate and professional students and postdoctoral fellows.

For purposes of this Section, professional responsibility for a student means responsibility over
any academic matters, including teaching, counseling, grading, advising for a formal project such
as a thesis or research, evaluating, hiring, supervising, coaching, making
decisions or recommendations that confer benefits such as admissions, registration, financial
aid, other awards, remuneration, or fellowships, or performing any other function that might affect
teaching, research, or other academic opportunities.

B. Relationships Between Supervisors and Employees

Many of the concerns about intimate relationships between faculty members or employees and
students also apply to relationships between supervisors and employees they supervise.
Those relationships therefore are strongly discouraged. Supervisors must disclose any such
relationships to their supervisors in order to avoid or mitigate conflicts of interest
in connection with the supervision and evaluation of the employees with whom they have
an intimate relationship. Mitigation may involve the transfer of either the supervisor
or employee, reassigning the responsibility to evaluate the employee to a different supervisor,
or other appropriate action.

For purposes of this Section, supervising an employee means supervising in an
employment setting, including hiring, evaluating, assigning work, or making decisions or
recommendations that confer benefits such as promotions, raises or other remuneration, or
performing any other function that might affect employment opportunities.

XV. IMPLEMENTATION

This Policy will become effective on August 14, 2020 and will apply to Sexual Misconduct that
allegedly occurred on or after August 14, 2020. Sexual Misconduct that allegedly took place before
the effective date of this Policy will be handled in accordance with the CUNY Policy on Sexual
Misconduct that was in effect at the time the behavior occurred.
Should any portion of the 2020 Title IX Regulations be stayed or held invalid by a court of law, or
should the Title IX Final Regulations be withdrawn or modified to not require the elements of this
Policy, the invalidated elements of this Policy (including, but not limited to Sections IX and XI),
will be deemed revoked as of the publication date of the opinion or order. Should this Policy’s
Title IX-specific procedures be revoked in this manner, any Sexual Misconduct covered under
Section XI, including any elements of the process that occur after the revocation date if a case is
not complete by that date of revocation, shall be investigated, resolved and/or adjudicated under
Section XII without further action by CUNY.

The City University of New York Students’ Bill of Rights
For CUNY students who experience Sexual Violence, including Sexual Assault; Domestic Violence,
Dating Violence, Stalking or Voyeurism

All students have the right to
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated
seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the
judicial or conduct process and/or criminal justice process free from pressure by the
institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and
a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful
health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and
violations are committed, or should have acted in a different manner to avoid such crimes or
violations;
7. Describe the incident to as few institutional representatives as practicable and
not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or
the respondent, and/or their friends, family and acquaintances within the jurisdiction of the
institution;
9. Have access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual,
accused, or respondent throughout the judicial or conduct process including during all
meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the
investigative, criminal justice, or judicial or conduct process of the institution.
This Student Bill of Rights was established by the “Enough is Enough” Law, New York State
Education Law Article 129-B, effective October 7, 2015.
For more information about preventing and addressing Sexual Violence at CUNY
see http://www1.cuny.edu/sites/title-ix/campus-websites.
Information about filing a report, seeking a response, and options for confidential disclosure is
available also available CUNY’s Title IX web page.
ut CUNY’s Sexual Misconduct policy and procedures may be directed to your
campus Title IX Coordinator.

(Policy adopted by the Board of Trustees on 12/1/2014 Cal. 4.C., with effective date of 1/1/2015.
Amended by the Board of Trustees on 10/1/2015. Cal. 6.B. Adopted as revised by the BOT on
6/25/2018. Cal.9.A. Amended by the BOT on 8/12/20. Cal. A.4.)

Policy 7.15 Student Government and University Student Senate :

1 Eligibility for The University Student Senate

In accordance with its policy making authority and responsibilities, the University Trustees have determined that satisfactory academic achievement and progress as a degree-seeking student at a college of the University is an essential prerequisite to holding and adequately fulfilling the responsibilities of student office.

It is the responsibility of the University, and its Trustees as fiduciaries, to insure that the educational and extracurricular programs of the University are operated in the best interests of students and all other affected constituencies of the University. The academic standards hereby adopted are considered essential for the personal well-being and academic progress of students who seek to take on the additional responsibility of student leadership, as well as for the students and other members of the University community.

The following guidelines apply to each semester a student is running for and/or holding office, whether by election, appointment, or ex-officio status, in student governments, the University Student Senate and other bodies. The positions subject to these guidelines are the members (senators, representatives, delegates, etc.) and officers of student governments, members of faculty-student disciplinary committees, members of the governing boards of college associations and auxiliary enterprise boards, members of allocating bodies of student activity fees, members of college governance bodies including college councils and senates, editors of student publications and officers and directors of radio and television stations, members of student elections review committees, members of personnel and search committees, members and alternate members of Board committees, and the chair, vice-chairs, the delegates, the alternates, and any other officers established by the University Student Senate. In these guidelines, credit hours refer to actual credit hours, and not equivalent or contact hours.

a) Students must be matriculated in a degree or credit-bearing certificate program at the college in which they serve or which they represent.

(i) Full-time undergraduate students must carry a minimum of 12 credit hours.

(ii) Part-time undergraduate students must carry a minimum of 6 credit hours.

(iii) Graduate students must carry a minimum of 3 credit hours.

(iv) In order to serve each semester, a student must have completed and earned passing grades in at least 50% of the credits for which they registered the prior semester, but in no event less than 3 credits.

(v) Full-time doctoral students at Levels II or III shall be making satisfactory progress and shall not be subject to subdivisions c and d hereof.

b) Undergraduate students must have a minimum cumulative grade point average of 2.0 and be in good standing to participate in student government, the University Student Senate and the other student leadership positions covered by these guidelines. Chief executive officers and the Chairperson of the University Student Senate must have a minimum GPA of 2.5. Colleges may continue to administer or adopt higher academic standards for service in their campus student government and the other student leadership positions covered by these Guidelines. As of the fall 2016 semester, any new adoption of higher standards must be approved by a two-thirds vote of the student government or a simple majority of the student body in a referendum, subject to approval by the Chancellor.

c) Transfer students shall have the right to be a candidate in elections for student leadership, student government and for delegate positions of the University Student Senate as long as they meet the minimum G.P.A requirement for the position.

d) Undergraduate students may not serve in any one of the following student leadership positions: as officers of student government, as members of the governing boards of college associations and auxiliary enterprise boards, as members of allocating bodies of student activity fees, as members of college governance bodies including college councils and senates, and editors of student publications and officers and directors of radio and television stations for more than a total of five years, to include no more than three years at community colleges. Students shall be permitted to serve in the same executive office in a student government.

e) Graduate students must have a minimum cumulative grade point average of 3.0. Law School students must have a minimum GPA of 2.5. Graduate students or Law students may not serve in student government and/or any other student leadership positions covered by these Guidelines for more than a total of five years. Graduate/Law students shall be permitted to serve in the same executive office in a student government, the University Student Senate or other student leadership position for a maximum of two years, except that Co-chairs of the Doctoral Student Council shall be limited to a maximum of three years.

f) Students may not serve in leadership positions at two or more CUNY institutions simultaneously but may hold a campus and USS position at the same time.

g) Any student who applies/petitions to graduate prior to the start of the Fall semester is ineligible to run for a leadership position in the Spring elections unless that student has been accepted into a graduate program at the same college or it is determined that the student will not have fulfilled the graduation requirements.

h) In order to participate in the University Student Senate, on Board committees, campus student governments or serve in the other student leadership positions covered by these Guidelines students must be certified as being in compliance with these Guidelines by the college president, or his/her designee, to the Vice Chancellor for Student Affairs.

2 Scheduling of Elections

Regular student government elections shall be held at each of the colleges beginning no earlier than 15 March, and ending no later than 30 April.

The newly elected student government(s), where such is the practice, shall elect delegates and alternate delegates to the USS no later than 10 August, if possible, from the elected members of the student government. Where delegates and alternate delegates are directly elected by their student bodies, such elections shall be held in conjunction with regular student government elections. The newly elected USS delegates and alternate delegates shall have a term of office that begins on 1 September and ends on 31 August and does not hold over after the expiration of their terms of office.

The college presidents shall certify the newly elected delegates and alternate delegates to the USS to the Vice Chancellor for Student Development, with respect to procedures and eligibility criteria, no later than ten days after the election.

Elections of officers of the USS shall be held in October, at least ten days prior to the scheduled October meeting of the Board of Trustees, for a term of office commencing on the day of the scheduled October meeting of the Board of Trustees. Officers of the USS are elected for terms of office ending on the day preceding the subsequent scheduled October meeting of the Board of Trustees, and do not hold over after the expiration of their terms of office. In the event there is no scheduled October meeting of the Board of Trustees, elections for officers shall be held at least ten days prior to the fourth Monday in October, for a term of office commencing on the fourth Monday in October.

Each community college and senior college without a graduate division shall have two delegates to the University Student Senate, one a day session student and one an evening session student. Each senior college with a graduate division shall have three delegates to the USS, one a day session student, one an evening session student, and one a graduate student. The Graduate School, the Law School, the Sophie Davis School of Biomedical Education, and the Graduate School of Journalism shall each have one delegate. If a college, for governance purposes, does not distinguish between day and evening students, it shall instead have two undergraduate student delegates.

Each college shall also elect alternate delegates for each allowed delegate. An alternate delegate may vote in the USS and count towards a quorum only when the specific delegate for whom the person is an alternate is absent. Where a college has two undergraduate delegates, a first alternate and a second alternate delegate shall be elected, to vote and count towards a quorum in that order in case one or both undergraduate delegates are not present.

All officers of the USS must be elected by the delegates. Only delegates and alternate delegates may run for and be elected to an office of the USS. If a delegate or alternate delegate has been elected as an officer of the USS and subsequently resigns or otherwise ceases to be a delegate or alternate delegate, the student will simultaneously forfeit his or her office in the USS, with the exception of the transitional period at the end of the one-year term of office from 1 September until the day of the scheduled October meeting of the Board of Trustees provided that the student meets all other eligibility criteria.

A quorum of the USS shall be one more than one half of the number of delegates that have been certified by the college presidents to the Vice Chancellor for Student Development. Only certified delegates, or certified alternate delegates when applicable, may vote at USS meetings.

The election of officers of the USS shall be managed by a non-partisan agency or organization, such as the League of Women Voters or the Honest Ballot Association, approved by the Vice Chancellor for Student Development. The selection of the Parliamentarian for the elections shall be effected by the University Student Senate after consultation with the Vice Chancellor for Student Development. The cost will be assumed by the USS and, in the event that the USS does not have sufficient funds, will be paid for by the administration.

In the event the office of Chair of the University Student Senate is vacated, another officer shall become interim Chair to serve until a new chair is elected by the delegates. The order of succession among the Vice Chairs of the USS shall be:

a) Legislative affairs

b) Graduate affairs

c) Senior college affairs

d) Community college affairs

e) Evening and part-time student affairs

f) International student affairs

g) Disabled student affairs

h) Fiscal affairs

Such succession shall occur only to the office of interim chair. The interim chair shall serve as chair for a period not to exceed forty-five calendar days or the unexpired portion of the term, whichever is shorter. At the end of the forty-five-day period, if the USS has failed to elect a chair, the Office of the Chair shall be vacant until it is filled by a vote of the student body. The eligibility of the interim chair shall be subject to the certification of the Vice Chancellor for Student Development.

In the event a student who is an officer of the USS graduates at the end of a semester, the student may continue to hold office until 1 February for the fall semester, or 1 September for the spring semester, following which date, the office shall be deemed vacated unless the student has enrolled in another degree program at the University prior to the applicable date. In addition, a student who is Chair and graduates at the end of the spring semester, or thereafter but prior to the scheduled October meeting of the Board of Trustees, may continue to hold the office of Chair until the completion of the term of office ending on the day preceding the October meeting of the Board of Trustees, even if the Chair does not enroll in another degree program at the University for the fall semester.

3 Absences

3.1 Excused Absences

An excused absence shall be an absence from any regularly scheduled USS meeting, for which the delegate or alternate delegate has filed five days advance written notification with the USS Chair and the chief student affairs officer of the affected college demonstrating good cause for not attending. In the case of a delegate, he or she must also notify the alternate delegate that he or she will not be attending the meeting. In the event of an emergency absence that precludes five days advance written notification, written or oral notification shall be given to the USS Chair as soon as possible, and application for an excused absence based upon emergency circumstances may be made to the Steering Committee.

3.2 Unexcused Absences

Delegates and alternate delegates to the USS from each college student body division may be removed by a majority vote of the USS for three consecutive unexcused absences at regularly scheduled USS meetings at the third such meeting, subject to review and certification by the Vice Chancellor for Student Development. If a quorum is not present at the regular USS meeting of the third consecutive unexcused absence, then removal may be by an affirmative vote of a majority of the full Steering Committee. Following each unexcused absence of both the delegate and alternate delegate for a student body division of a college, the delegate, alternate delegate, and the chief student affairs officer of the affected college shall be notified by the Chair of the USS, by regular mail, that the applicable student body division was not represented at the USS meeting and that three unexcused absences of the delegate or the alternate delegate may result in their removal. Where there are two undergraduate delegates from a college, this provision shall apply when there are unexcused absences for one or both of the undergraduate seats, by the notification of those delegates and alternate delegates who have unexcused absences and the chief student affairs officer of the affected college. The determination to remove a delegate may be appealed to the Vice Chancellor for Student Development within fifteen days of mailing of the determination by certified mail. The removal of a delegate pursuant to this provision shall be effective upon the expiration of the time to appeal to the Vice Chancellor for Student Development or the denial of such an appeal. A delegate or alternate delegate who is removed pursuant to this provision shall be ineligible to serve as a delegate or alternate delegate for a period of one year following the effective date of removal.

4 University Student Senate Elections Review Committee

There shall be a USS Elections Review Committee with responsibility for reviewing and certifying the results of elections for officers of the USS, in accordance with election procedures approved by the USS Elections Review Committee and the USS. Students may file appeals with the University Student Senate Elections Review Committee. The Committee shall adopt campaign rules, after considering the recommendations of the University Student Senate.

The Committee will consist of five members:

a) Two administrators appointed by the Chancellor

b) One faculty member elected by the University Faculty Senate

c) Two students elected by the USS, at least one of whom is a student government president who is not a member of the USS

The members of the Committee shall serve a term of one year. The Chair of the Committee shall be appointed by the Chancellor. The Committee shall issue rules on its procedures, and the filing and review of appeals.

5 Budget and Expenditures

The following Policy on Budget and Expenditure Procedures for the USS was approved

The fiscal year of the USS shall be from 1 January through 31 December.

Beginning with the fiscal year commencing on 1 January 1991, the budget for each fiscal year shall be adopted during the preceding month of December by the newly elected USS, which has taken office during the preceding September. At least ten days prior to the adoption of the budget in December, a budget hearing shall be held to which all delegates and student government presidents are invited to attend and speak. A notice of the budget hearing, including a copy of the proposed budget submitted by the newly elected chair of the USS, shall be circulated in advance of the budget hearing.

Modifications of the adopted budget may be made by the Steering Committee of the USS, under the following conditions:

a) The Steering Committee may only make modifications within sixty days of the last meeting of the USS at which a quorum was present, except following the May meeting during which modifications may be made within one hundred and twenty days.

b) Modifications shall be limited to a maximum increase or decrease of a budget line by twenty-five percent up to a maximum of $4,000 between meetings of the USS at which a quorum is present.

c) Modifications made by the Steering Committee shall be reported at the next meeting of the USS, and to the extent monies have not already been expended, the modifications shall also be subject to approval at the next meeting of the USS.

d) The Steering Committee consists of at least seven officers of the USS directly elected by the USS. In the event of a vacancy in an office, the outgoing officer shall have the right to make an appointment of a qualified interim officer, until a successor is elected by the USS. The designation of an interim successor shall be in writing to the Chair of the USS, shall be made no later than thirty days after the vacancy occurs, and shall be subject to certification of eligibility by the Vice-Chancellor for Student Development.

e) A quorum of the Steering Committee shall consist of at least a majority of the seats on the Steering Committee. This requirement will prevail regardless of whether or not all seats are filled.

In the absence of a budget approved by the USS by 1 January of each fiscal year, the Vice-Chancellor for Student Affairs and Special Programs shall authorize expenditures of a continuing nature for rent, utilities, essential staff, and other fixed overhead, and continuing contractual commitments.

The budget adopted by the USS shall, at a minimum, contain the line items set forth in this policy. Within the budget, staff salaries and student officer stipends shall be specifically lined out.

The appointment of personnel shall be subject to the approval of the full USS. Such personnel may serve based upon appointment of the Chair pending the next meeting of the full USS at which a quorum is present. Personnel shall not be appointed for a period extending beyond the following 1 November in order to permit the Chair taking office on the day of the October Board of Trustees meeting to recommend his or her own staff appointments.

Contractual commitments extending beyond the fiscal year of the USS shall require the approval of the full USS. The annual cost of all such commitments (e.g. space and car rentals, leases, etc.) shall not exceed fifteen percent of the USS budget.

Within the budget adopted by the USS, the Chair of the USS shall be able to make expenditures. The Vice-Chair for Fiscal Affairs of the USS, or his or her designee, shall make an itemized written report on expenditures and encumbrances to all the members of the USS on a monthly basis. Nothing herein, however, should be construed as limiting the amount of detail with which the USS may adopt a budget.

Within the budget adopted by the USS, expenditures over $3,000 shall require the specific approval of the Steering Committee. This requirement for Steering Committee approval shall apply to each item or service purchased, and to each individual traveling.

5.1 University Student Senate Budget Categories

The following are the budget categories for the University Student Senate:

a) Advertising

b) Albany Office Rent

c) Audit

d) Auto Expenses

e) Books/Subscriptions

f) College Work Study

g) Committee Activities

h) Conferences

i) Consultants

j) Equipment Rental

k) Equipment Repair and Maintenance

l) Facilities Repair and Maintenance

m) Fringe Benefits

n) Furniture and Equipment

o) Gasoline

p) Meeting Expenses

q) Memberships

r) Newspaper

s) Office Supplies

t) Personnel

u) Postage and Shipping

v) Printing

w) Research Foundation Overhead

x) Stipends

y) Telephone

z) Travel

aa) Utilities (Albany)

(Board of Trustees Minutes,1986,03-24,7,A; Board of Trustees Minutes,1987,01-26,7,A; Board of Trustees Minutes,1987,03-30,8,B; Board of Trustees Minutes,1990,03-26,7,A. Amended: Board of Trustees Minutes,1992,06-22,6,Y; Board of Trustees Minutes,1993,06-28,9,C; Board of Trustees Minutes,1993,11-22,7,B; Board of Trustees Minutes,1994,06-27,7,C; Board of Trustees Minutes, 1996,09-30,6,A; Board of Trustees Minutes,1998,10-26,8,A; Board of Trustees Minutes,2001,06-25,8,E; Board of Trustees Minutes,2003,05-27,9,B; Board of Trustees Minutes,2003,06-23,7,A; Board of Trustees Minutes,2005,06-27,8,B; Board of Trustees Minutes,2006,06-26,8,B; Board of Trustees Minutes, 2016,06-27,8)

Policy 7.156 Student Government – Stipends :

[T]he Board of Trustees of The City University of New York [shall] adopt the following amended policy on the payment of stipends to student leaders. The Board believes and intends that service as a student leader should be an educational experience. Recognizing the educational role of student leadership positions, the Board, while not encouraging the payment of stipends, believes some stipend payments to student leaders should be allowed within the parameters outlined below:

1. Stipend payments to student leaders shall be limited to two (2) years in the University, except:

a. A student leader elected to an office of the University Student Senate shall be allowed three (3) years of stipend payments, with no more than two (2) years of the payments as an officer of the University Student Senate.

b. A student who receives two (2) years of stipend payments as an undergraduate student leader, shall be permitted a third (3rd) year of stipend payments as a graduate student leader.

c. Co-chairs of the Doctoral Students’ Council at The Graduate School and University Center shall be permitted a third (3rd) year of stipend payments as a graduate student leader.

2. The amount of stipend payments to student leaders shall be limited as follows:

a. College student leaders shall be limited to a maximum of $5,134 effective July 1, 2017 or no more than $2,475 per semester effective July 1, 2017.

b. The Chairperson of the University Student Senate shall be limited to a maximum of $11,152 per year or no more than $5,576 per semester effective July 1, 2017.

c. Vice-chairpersons of the University Student Senate shall be limited to a maximum of $6,502.00 per year or no more than $3,251.00 per semester effective July 1, 2017.

d. Co-chairs of the Doctoral Students’ Council at The Graduate School and University Center shall be limited to a maximum equal to the minimum salary for the title of Graduate Assistant B.

3. No student leader shall for the same period receive more than one stipend, or be an employee of or receive any other compensation from a student activity fee allocating body.

4. The Chancellor or his or her designee shall, every two years, review the schedule of stipend payments, and report to the Board on any adjustments he or she recommends as being appropriate, in relationship to any changes in the Consumer Price Index (CPI).

(Board of Trustees Minutes,1983,04-25,7,B. Amended: Board of Trustees Minutes,1989,11-27,6,A; Board of Trustees Minutes,1994,02-22,7,A; Board of Trustees Minutes,1994,06-27,7,A; Board of Trustees Minutes,1996,05-28,8,A; Board of Trustees Minutes,1999,04-26,8,A; Board of Trustees Minutes,2002,02-25,8,A; Board of Trustees Minutes,2004,03-29,6,A; Board of Trustees Minutes,2012,06-25,7,C; Board of Trustees Minutes,2017,06-26,9,G)

Policy 7.16 Tuition Assistance for Families of World Trade Center Victims :

The Board of Trustees of The City University of New York hereby expresses its strongest support for Governor Pataki’s Executive Order 113 and related legislation to establish a World Trade Center Memorial Scholarship Program. (BTM,2001,09-24,010,__)

The World Trade Center Memorial Scholarship Program shall be consistent with the intent and spirit of Governor Pataki’s Executive Order 113 declaring a disaster emergency in New York State. (BTM,2001,09-24,010,__)

The Chancellor is hereby authorized to implement immediately and to the fullest extent possible a World Trade Center Memorial Scholarship Program for the University. This program shall provide scholarships to the spouses and children of the innocent victims, who died or were severely disabled as a result of the terrorist attacks of 11 September 2001, on the United States of America; and to the spouses and children of the innocent victims, who died or were severely disabled during the on-going rescue and recovery efforts, including the children and spouses of firefighters, police officers, peace officers, and emergency medical services workers. Scholarships will also be provided to victims, who themselves were severely disabled as a consequence of the terrorist attacks of September 11, 2001, and ensuing rescue and recovery efforts. Such scholarships shall cover the cost of tuition, fees, books, supplies, transportation, and room and board, if applicable, for four years of full-time, undergraduate study or for five academic years of a program of undergraduate study as defined by the Commissioner of Education. Such scholarships shall be available to New York and non-New York residents and residents and non-residents of the United States who are matriculated students of the University. (BTM,2001,09-24,010,__)

Policy 7.17 This Policy Number Not in Use :

This policy number not in use.

Policy 7.18 Voter Registration :

The colleges of The City University of New York shall each develop a plan to provide the opportunity for voter registration as a part of the student registration process, consistent with campus administrative practices and schedules and in consultation with the Office of Student Affairs and the Office of Legal Affairs. (BTM,1987,05-26,010,_A)