Rules and Regulations

Transfer Credits

Advanced standing students, once they are admitted and registered at BMCC, may have earned credits from another institution transferred to BMCC, provided they have departmental approval. BMCC students taking courses at other CUNY colleges and BMCC students who have not attended the College recently must contact the Admissions Office for transfer credit procedures and evaluation.

Academic Probation

Students are placed on academic probation if their GPA falls below the minimum retention standards. During the probationary period, students maintain their academic standing with the College but are limited to 14 credits until they attain the minimum required GPA (See Academic Standing, p. 111). Students on academic probation or special probation who obtain an overall GPA of 2.0 or higher are automatically restored to good academic standing. Students who have been academically dismissed and have a grade appeal pending will be reinstated if they prevail in their appeal and, as a result, their overall GPA is 2.0 or higher.

Dismissal

Students whose GPA falls below minimum retention standards for two consecutive semesters are academically dismissed.

Academically dismissed students may not attend BMCC or any CUNY college for at least one semester unless they are eligible to file an appeal as set forth below, and the appeal has been granted by the Committee on Academic Standing.

Application for Readmission to the College after First Academic Dismissal

A student who is academically dismissed once may be readmitted to the College on special probation if the student meets all of the following criteria:

has not attended BMCC for at least one semester;
has a cumulative grade point average of 1.8 or more;
has, in consultation with a Student Life counselor or any academic advisor, developed an academic success plan.

Students meeting the above criteria may file a readmission application with the Registrar’s Office and must do so by the deadline set by the college.

Students who are academically dismissed twice are not readmitted to BMCC except as set forth below (see Sections: Students Academically Dismissed More than Once and Students Who Are Academically Dismissed and Who Wish to Appeal Asserting Extenuating Circumstances).

Appeal of Dismissal

Academic dismissal may be appealed as set forth below by submitting a completed appeal form to the Committee on Academic Standing. Documentary evidence must be provided in support of the appeal. Written recommendation from a Student Life college counselor or any academic advisor must also be submitted. Appeal forms are available in the Counseling Center (Room S-343) or the Registrar’s Office (Room S-315).

Students Academically Dismissed Once— Conditions for Appeal for Special Probation

Students who have been academically dismissed once who have a GPA of 1.8 or higher and wish to attend the following semester may file an appeal with the Committee on Academic Standing for immediate reinstatement on special probation.
Students who have been academically dismissed once who have a GPA below
1.8 and have not attended for a semester may file an appeal with the Committee on Academic Standing for reinstatement on special probation.

Students Academically Dismissed More than Once

Students who are academically dismissed more than once are eligible to file an appeal for readmission if the student meets one of the following criteria:

The student’s GPA during the semester that he/she was on special probation is 2.0 or higher; or
The student only took remedial courses during the semester he/she was on special probation and received a passing grade for each course taken; or
The student received only grades of W or WN during the semester he/she was on special probation.

Students Who Are Academically Dismissed and Who Wish to Appeal Asserting Extenuating Circumstances

Students who are academically dismissed and who do not meet the above grounds for appeal may file an appeal for an immediate reinstatement asserting extenuating circumstances. In the application for reinstatement, the student must provide legal and/or official documentation of the extenuating circumstances that made it impossible for the student to meet minimum retention standards and must provide evidence that they are capable of performing at the level required to prevent further dismissal.

Appeals for a third or subsequent dismissal will be granted only in extremely rare instances and when it is clear that the student can return to good academic standing within one semester.

Withdrawal from the College

For any reason, if you do not wish to continue your studies at BMCC and you are currently enrolled, log into CUNYfirst to officially withdraw from classes. Ensure that you receive a “Message” notation indicating grades of “W”s have been assigned.

If you do not officially withdraw from classes, you will receive a “WU” grade which is calculated in your cumulative grade-point average as “F.”

In general, you have until the tenth week of classes to officially withdraw from the College with a “W” grade. After the tenth week, withdrawal from the College will not be accepted. Students who completely withdraw from the College will not be eligible for TAP or APTS the following semester.

Henderson Rules

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

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

With respect to enforcement of these rules and regulations we note that the Bylaws of the Board of Higher Education provide that:

“THE PRESIDENT. The president, with respect to his/her education unit, shall:

Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his/ her jurisdiction;
Be the advisor and executive agent of the Board and of his/her respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the Bylaws, resolutions, and policies of the Board, the lawful resolutions of any of its committees and the policies, programs and lawful resolutions of the several facilities;
Exercise general superintendence over the concerns, officers, employees, and students of his/her educational unit.”

Rules

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

Penalties

Any student engaging in any manner in conduct prohibited under substantive Rules 1–11 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.
Any tenured or non-tenured faculty member, or other member of the Instruction staff or member of the classified staff engaging in any manner in conduct prohibited under substantive rules 1–11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of The City University of New York or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and, for engaging in any manner in conduct prohibited under substantive rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. A tenured or non-tenured faculty member or other member of the instructional staff, or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive Rules 1–11 shall be entitled to be treated in accordance with applicable provisions of the Education Law, or the Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.
Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under substantive Rules 1–11 shall be subject to ejection, and/or arrest by the civil authorities.
Any organization which authorized the conduct prohibited under substantive rules 1–11 shall have its permission to operate on campus rescinded.

Penalties 1–4 shall be in addition to any other penalty provided by law or The City University Trustees.

Appendix

Sanctions defined:

A. Admonition. An oral statement to the offender that he/she has violated university rules.

B. Warning. Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may cause far more severe disciplinary action.

C. Censure. Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any University regulation within a period stated in the letter of reprimand.

D. Disciplinary Probation. Exclusion from participation in privileges or extracurricular University activities as set forth in the notice of disciplinary probation for a specified period of time.
Restitution. Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

E. Suspension. Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.

F. Expulsion. Termination of student status for an indefinite period. The conditions of readmission, if any is permitted, shall be stated in the order of expulsion.

H. Complaint to Civil Authorities.

I. Ejection.

The University Policy on Drug and Alcohol Education

RESOLVED, That the University Policy on Drug and Alcohol Education, adopted by the Board of Trustees of The City University of New York on March 30, 1987, be amended to read as follows: The City University affirms its continuing commitment to drug 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 and alcohol, both legal and illegal. Implementation of this policy, which provides the framework for educational and support programs directed toward the use and abuse of drugs and alcohol, is the responsibility of the individual colleges consistent with their governance plans and established disciplinary procedures. 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 sanction 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 alcohol; and a description of any drug 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.

Explanation: The Federal Drug-Free Workplace Act of 1988 and its implementing regulations require that a recipient of a Federal grant approved and awarded after March 18, 1989 “certify to the contracting agency that it will provide a drug-free workplace” by complying with certain statutory requirements. The requirements are the publication and circulation to employees of a drug abuse policy that prohibits the unlawful manufacture, distribution, possession, and use of unlawful drugs in the workplace; specifies the penalties for violation of the policy; conditions employment upon employee willingness to abide by the policy; and requires employees to notify the employer of drug-related criminal convictions for unlawful conduct which occur in the workplace. The Council of Presidents and collective amendments, which will bring the University into compliance with the Drug- Free Workplace Act of 1988. Although these amendments apply only to employees of the University, Section 15.1 of the University Bylaws provides that students of the University “... shall obey the laws of the City, State, and Nation ...” Students are thus already prohibited from engaging in conduct of the nature that is prohibited by proposed substantive rule 10.

Adoption of these amendments will also complement the University’s commitment, as reflected in March 30, 1987 to the development and conduct of educational and support programs directed toward the use and abuse of drugs and alcohol, both legal and illegal.

Drug-Free Campus Policy and Standards of Conduct

Borough of Manhattan Community College of The City University of New York affirms its continuing commitment to drug, tobacco, and alcohol education on campus. It is committed to the development of educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, whether legal or illegal.

The inappropriate use of alcohol and other drugs threatens the health and safety of students, employees, their families, fellow students, the general public, as well as adversely impairs performance. Towards promoting health, safety, and a positive learning and working environment, Borough of Manhattan Community College of The City University of New York is committed to preventing alcohol and other drug related problems among all members of the College community.

The unlawful possession, use or distribution of alcohol or other drugs by anyone, either on College property or at College-sponsored activities, is prohibited. Any person who is determined to have violated this policy will be subject to intervention by College officials.

As a condition of employment, an employee of Borough of Manhattan Community College of The City University of New York must notify his/her supervisor if he or she is convicted of a drug related offense involving the workplace within (5) days of conviction. The College is required to notify the appropriate granting or contracting federal agency within ten (10) days of receiving notice of any such conviction. (Drug-Free Workplace Act of 1988.34 CFR Part 88, Subpart F.)

This policy and its requirements are consistent with the College’s desire to promote health and safety and are in accordance with the requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free School and Communities Act Amendments of 1989.

Students are expected to comply with the Rules of Conduct printed in the College Bulletin and/ or the Student Handbook. A student who is experiencing difficulty with alcohol or chemical dependency may be referred to the Dean of Students, Room S-343. Students may also be referred by members of the instructional staff or may seek assistance directly. The Dean of Students may take disciplinary action or recommend that the student meet with a counselor for appropriate referral or assistance through self-help organizations or other outside intervention agencies.

Reservation of Right to Deny Admission

The College reserves the right to deny admission to any student if in its judgment, the presence of that student on campus poses an undue risk to the safety or security of the College or the College community. That judgment will be based on an individualized determination taking into account any information the College has about a student’s criminal record and the particular circumstances of the College, including the presence of a child care center, a public school or public school students on the campus.

The Board of Trustees of The City University of New York Bylaws

(Revised September 30, 1998)

ARTICLE XV - STUDENTS*

Section 15.4: Student Disciplinary Procedures

Complaint Procedures:

a. A University student, employee, organization, department or visitor who believes she/he/it is the victim of a student’s misconduct (hereinafter “complainant”) may make a charge, accusation, or allegation against a student (hereinafter “respondent”) which if proved, may subject the respondent to disciplinary action. Such charge, accusation, or allegation must be communicated to the chief student affairs officer of the college the respondent attends.

b. The chief student affairs officer of the college or her or his designee shall conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or her or his designee shall advise the respondent of the allegation against her or him, explain to the respondent and the complainant their rights, consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence. The preliminary investigation shall be concluded within thirty (30) calendar days of the filing of the complaint, unless:(i)said complaint involves two or more complainants or respondents; or (ii) said complaint involves a matter that is also under investigation by law enforcement authorities. In those cases, the preliminary investigation shall be completed within sixty (60) calendar days. Further, if the matter has been previously investigated pursuant to the CUNY Policy on Sexual Misconduct, the chief student affairs officer shall dispense with a preliminary investigation and rely on the report completed by the Title IX Coordinator. Following the completion of the preliminary investigation, the chief student affairs officer or designee shall take one of the following actions:

Dismiss the matter if there is no basis for the allegation(s) or the allegation(s)does not warrant disciplinary action. The individuals involved shall be notified that the complaint has been dismissed;
Refer the matter to mediation (except in cases involving allegations of sexual assault, stalking or other forms of sexual violence); or
Prefer formal disciplinary charges.
c. In cases involving the CUNY Policy on Sexual Misconduct, both the Complainant and Respondent may be accompanied by an advisor of their choice (including an attorney) who may assist and advise throughout the entire process, including all meetings and hearings. Advisors may represent a party and fully participate at a hearing, but may not give testimony as a witness.
d. In the event that a respondent withdraws from the college after a charge, accusation or allegation against a respondent has been made, and the college prefers formal disciplinary charges, the respondent is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and shall be barred from attending any other unit of the university until a decision on the charges is made or the charges are otherwise resolved. Immediately following the respondent’s withdrawal, the college must place a notation on her/ his transcript that she/he “withdrew with conduct charges pending.” If the respondent fails to appear, the college may proceed with the disciplinary hearing in absentia, and any decision and sanction shall be binding, and the transcript notation, if any, resulting from that decision and penalty shall replace the notation referred to above.
Mediation Conference:
e. The college may offer the respondent and the complainant the opportunity to
participate in a mediation conference prior to the time the disciplinary hearing takes place in an effort to resolve the matter by mutual agreement (except in cases involving sexual assault, stalking and other forms of sexual violence). The conference shall be conducted by a qualified staff or faculty member designated by the chief student affairs officer. The following procedures shall be in effect at this conference:
1. An effort shall be made to resolve the matter by mutual agreement through such process as the mediator deems most appropriate; provided, however, that the complainant must be notified of her/his right to end the mediation at any time
2. If an agreement is reached, the faculty or staff member conducting the conference shall report her/his recommendation to the chief student affairs officer for approval and, if approved, the complainant and the respondent shall be notified, and a written memorandum shall be created memorializing the resolution and any consequences for non-compliance.
3. If no agreement is reached within a reasonable time, or if the respondent fails to appear, the faculty or staff member conducting the conference shall refer the matter back to the chief student affairs officer who may prefer disciplinary charges, or, if charges have been preferred, proceed to a disciplinary hearing.

The faculty or staff member conducting the mediation conference is precluded from testifying at a college hearing regarding information received during the mediation conference, or presenting the case on behalf of the college.

Notice of Charges and Hearing:

f. Notice of the charge(s) and of the time and place of the hearing shall be personally delivered to the respondent, or sent by certified or overnight mail and email to the address appearing on the records of the college. Notice shall also be sent in a similar manner to the complainant to the extent the charges relate to her/ him/it. The chief student affairs officer is also encouraged to send the notice of charges to any other e-mail address that he or she may have for the respondent and the complainant. The hearing shall be scheduled within a reasonable time following the filing of the charges or the mediation conference. Notice of at least seven (7) calendar days shall be given to the respondent in advance of the hearing unless the respondent consents to an earlier hearing. The respondent 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 chairperson of the faculty-student disciplinary committee.

If the respondent fails to respond to the notice, appear on the adjourned date, or request an extension, the college may proceed in absentia, and any decision and sanction shall be binding.

g. The notice shall contain the following:

A complete and itemized statement of the charge(s) being brought against the respondent including the rule, bylaw or regulation she/he is charged with violating, and the possible penalties for such violation.
A statement that the respondent and the complainant have the right to attend and participate fully in the hearing including the right:
(i) to present their side of the story;
(ii) to present witnesses and evidence on their behalf;
(iii) to cross-examine witnesses presenting evidence;
(iv) to remain silent without assumption of guilt; and
(v) to be assisted or 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.

A warning that anything the respondent says may be used against her/him at a non- college hearing.

Pre-Hearing Document Inspection:

h. At least five (5) calendar days prior to the commencement of a student disciplinary hearing, the college shall provide the respondent and the complainant and/or their designated representative, with similar and timely access to review any documents or other tangible evidence that the college intends to use at the disciplinary hearing, consistent with the restrictions imposed by Family Education Rights and Privacy Act (“FERPA”). Should the college seek to introduce additional documents or other tangible evidence during, or some time prior to, the disciplinary hearing, the respondent and the complainant shall be afforded the opportunity to review the additional documents or tangible evidence. If during the hearing the complainant or the respondent submits documentary evidence, the chairperson may, at the request of any other party grant an adjournment of the hearing as may be necessary in the interest of fairness to permit the requesting party time to review the newly produced evidence.

Admission and Acceptance of Penalty Without Hearing:

i. At any time after receiving the notice of charges and hearing but prior to the commencement of a disciplinary hearing, the respondent may admit to the charges and accept the penalty that the chief student affairs officer or designee determines to be appropriate to address the misconduct. This agreed upon penalty shall be placed on the respondent’s transcript consistent with sections u and v herein. Before resolving a complaint in this manner, the chief student affairs officer must first consult with the complainant and provide the complainant 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 or designee shall provide the complainant with a written statement of the reasons supporting such resolution, and the complainant may appeal the decision to enter into the resolution to the president.

Emergency Suspension:

j. The president or her/his designee may in emergency or extraordinary circumstances, temporarily suspend a student pending an early hearing as provided in this bylaw section 15.4. to take place within not more than twelve (12) calendar days, unless the student requests an adjournment. Such suspension shall be for conduct which impedes, obstructs, impairs or interferes with the orderly and continuous administration and operation of any college, school, or unit of the university in the use of its facilities or in the achievement of its purposes as an educational institution. Prior to the commencement of a temporary suspension of a student, the college shall give the student oral notice (which shall be confirmed via email to the address appearing on the records of the college) or written notice of the charges against her/him and, if she/he denies them, the college shall forthwith give the student an informal oral explanation of the evidence supporting the charges and the student may present informally her/his explanation or theory of the matter. When a student’s presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, notice and opportunity for denial and explanation may follow suspension, but shall be given as soon as feasible thereafter. The complainant shall be notified in the event that an emergency suspension is imposed against a student, and/or when the suspension is subsequently lifted to the extent that the suspension involves the complainant in the same manner notice is given to the student.

Faculty-Student Disciplinary Committee Structure:

k. Each faculty-student disciplinary committee shall consist of two (2) faculty members or one (1) faculty member and one (1) member of the Higher Education Officer series (HEO), and two (2) student members and a chairperson, who shall be a faculty member. A quorum shall consist of the chairperson and any two (2) members, one of whom must be a student. Hearings shall be scheduled promptly (including during the summers) at a convenient time and efforts shall be made to insure full student and faculty representation.

l. The president shall select in consultation with the head of the appropriate campus governance body or where the president is the head of the governance body, its executive committee, three (3) members of the faculty of that college to receive training training upon appointment and to serve in rotation as chairperson of the disciplinary committee. The following schools shall be required to select two (2) chairpersons:, CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism. If none of the chairpersons appointed from the campus can serve, the president, at her/his discretion, may request that a chairperson be selected by lottery from the entire group of chairpersons appointed by other colleges. The chairperson shall preside at all meetings of the faculty-student disciplinary committee and decide and make all rulings for the committee. She/he shall not be a voting member of the committee but shall vote in the event of a tie.

m. The faculty members shall be selected by lot from a panel of six (6) elected biennially by the appropriate faculty body from among the persons having faculty rank or faculty status. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) faculty members. The HEO members shall be selected by lot from a panel of six (6) HEO appointed biennially by the president. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) HEO’s. The student members shall be selected by lot from a panel of six (6) elected annually in an election in which all students registered at the college shall be eligible to vote. CUNY School of Law, Guttman Community College, CUNY School of Professional Studies, and the CUNY School of Journalism shall be required to select four (4) students. In the event that the student or faculty panel or both are not elected, or if more panel members are needed, the president shall have the duty to select the panel or panels which have not been elected. No individuals on the panel shall serve on the panel for more than four (4) consecutive years. Notwithstanding the above, in cases of sexual assault, stalking and other forms of sexual violence, the president shall designate from the panels one (1) chairperson, two (2) faculty/HEO members, and two (2) students, who shall be specially trained on an annual basis, and who shall constitute the faculty-student disciplinary committee in all such cases.

n. In the event that the chairperson cannot continue, the president shall appoint another chairperson. In the event that a seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the respective faculty, HEO, or student panel by lottery.

o. Each academic year, the chief student affairs officer, and her or his designee, shall appoint/identify one or more college employees to serve as presenters for the hearings. This list shall be forwarded to the Office of the Vice Chancellor for Student Affairs, and the Office of the General Counsel and Sr. Vice Chancellor for Legal Affairs prior to the first day of the academic year.

p. Persons who are to be participants in the hearings as witnesses or have been involved in preferring the charges or who may participate in the appeals procedures or any other person having a direct interest in the outcome of the hearing shall be disqualified from serving on the committee.

Faculty-Student Disciplinary Committee Procedures:

q. The following procedures shall apply to faculty-student disciplinary proceedings:

Hearing:

The chairperson shall preside at the hearing. The chairperson shall inform the respondent of the charges, the hearing procedures and her or his rights.
All faculty student disciplinary committee hearings are closed hearings unless the respondent requests an open public hearing. Notwithstanding such requests, the chairperson shall not permit an open hearing in cases involving allegations of sexual assault, stalking, or other forms of sexual violence. Furthermore, the chairperson has the right to deny the request and hold a closed hearing when an open public hearing would adversely affect and be disruptive to the committee’s normal operations. In the event of an open hearing, the respondent must sign a written waiver acknowledging that those present will hear the evidence introduced at the hearing
After informing the respondent of the charges, the hearing procedures, and her or his rights, the chairperson shall ask the respondent to respond. If the respondent admits the conduct charged, the respondent shall be given an opportunity to explain her/his actions before the committee and the college shall be given an opportunity to respond and present evidence regarding the appropriate penalty. If the respondent denies the conduct charged, the college shall present its case. At the conclusion of the college’s case, the respondent may move to dismiss the charges. If the motion is denied by the committee, the respondent shall be given an opportunity to present her or his defense.
Prior to accepting testimony at the hearing, the chairperson shall rule on any motions questioning the impartiality of any committee member or the adequacy of the notice of the charge(s). Subsequent thereto, the chairperson may rule on the admissibility of the evidence and may exclude irrelevant, unreliable or unduly repetitive evidence. In addition, if any party wishes to question the impartiality of a committee member on the basis of evidence which was not previously available at the inception of the hearing, the chairperson may rule on such a motion. The chairperson shall exclude from the hearing room all persons who are to appear as witnesses, except the respondent and the complainant.
The college shall make a record of each fact- finding hearing by some means such as a stenographic transcript, an audio recording or the equivalent. The college must assign a staff member for each hearing, with the sole responsibility of ensuring that the hearing is recorded in its entirety. No other recording of the proceedings may be permitted. A respondent who has been found to have committed the conduct charged 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 representative or attorney. In the event of an appeal, both the respondent and the complainant are entitled upon request to a copy of such a record without cost, upon the condition that it is not to be disseminated except to their representatives or attorneys.
The college bears the burden of proving the charge(s) by a preponderance of the evidence.
The role of the faculty-student disciplinary 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 render a determination. In the event the respondent is found to have committed the conduct charged, the committee shall then determine the penalty to be imposed.
The college, the respondent and the complainant are permitted to have lawyers or other representatives or advisors act on their behalf during the pendency of a disciplinary action, which shall include the calling and examining of witnesses, and presenting other evidence. Any party intending to appear with an attorney shall give the other party 5 (five) calendar days’ notice of such representation.
The chairperson of the faculty-student disciplinary committee retains discretion to limit the number of witnesses and the time of testimony for the presentations by any party and/or their representative.
In the event that the respondent is charged with a sexual assault, stalking or other forms of sexual misconduct, neither the respondent nor the complainant shall be permitted to cross-examine the other directly. Rather, if they wish to, the respondent and the complainant may cross-examine each other only through a representative. If either or both of them do not have a representative, the college shall work with them to find a representative to conduct such cross-examination. In the alternative, the complainant and respondent may provide written questions to the chairperson to be posed to the witness.
In a case involving the CUNY Policy on Sexual Misconduct:
a. Evidence of the mental health diagnosis and/or treatment of a party may not be introduced.
b. Evidence of either party’s prior sexual history may not be introduced except that
(i) evidence of prior sexual history between complainant and respondent is admissible at any stage of the hearing, and (ii) past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage of that hearing related to penalty.
Penalty Phase:
If the respondent has been found responsible, then all parties may introduce evidence related to the respondent’s character including any past findings of a respondents’ responsibility for domestic violence, stalking, or sexual assault or any other sexual violence. The College may introduce a copy of the respondent’s previous disciplinary record; including records from any CUNY institution the respondent has attended, where applicable, provided the respondent was shown a copy of the record prior to the commencement of the hearing. The previous disciplinary record shall be submitted to the committee in a sealed envelope, bearing the respondent’s signature across the seal, and shall only be opened if the respondent has been found to have committed the conduct charged. The previous disciplinary records, as well as documents and character evidence introduced by the respondent, the complainant, and the college shall be opened and used by the committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained. The complainant and respondent may also provide or make an impact statement. Such evidence and impact statements shall be used by the committee only for the purpose of determining an appropriate penalty if the charges are sustained.
Decision:
The committee shall deliberate in closed session. The committee shall issue a written decision, which shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
The respondent shall be sent a copy of the faculty-student disciplinary committee’s decision within seven (7) calendar days of the conclusion of the hearing, by regular mail and e-mail to the address appearing on the records of the college. In cases involving two or more complainants or respondents, the respondent shall be sent a copy of faculty-student disciplinary committee’s decision within fourteen (14) calendar days of the conclusion of the hearing. The chief student affairs officer is also encouraged to send the decision to any other e-mail address that he or she may have for the respondent. The decision shall be final subject to any appeal. In cases involving a crime of violence or a non-forcible sex offense, as set forth in FERPA, the complainant shall simultaneously receive notice of the outcome of the faculty-student disciplinary committee’s decision as it relates to the offense(s) committed against the complainant, in the same manner as notice is given to the respondent.
When a disciplinary hearing results in a penalty of dismissal or suspension for one term or more, the decision is a university- wide penalty and the respondent shall be barred from admission to, or attendance at, any other unit of the university while the penalty is being served.
Appeals:
A respondent or a complainant may appeal a decision of the faculty-student disciplinary committee to the president on the following grounds: (i) procedural error,
(ii) newly discovered evidence that was not reasonably available at the time of the hearing, or (iii) the disproportionate nature of the penalty. The president may remand for a new hearing or may modify the penalty either by decreasing it (on an appeal by the respondent) or increasing it (on an appeal by the complainant). If the president is a party to the dispute, her/his functions with respect to an appeal shall be discharged by an official of the university to be appointed by the chancellor or her or his designee. If the penalty after appeal to the president is one of dismissal or suspension for one term or more, a respondent or a complainant may appeal to the board committee on student affairs and special programs. The board may dispose of the appeal in the same manner as the president.
An appeal under this section shall be made in writing within fifteen (15) calendar days after the delivery of the decision appealed from. This requirement may be waived in a particular case for good cause by the president or the board committee as the case may be. Within three (3) calendar days of the receipt of any appeal, either to the president or the board committee on student affairs and special programs, the non-appealing party shall be sent a written notice of the other party’s appeal. In addition, the respondent and/or the complainant shall have the opportunity to submit a written opposition to the other party’s appeal within fifteen (15) calendar days of the delivery of the notice of receipt of such appeal.
The president shall decide and issue a decision within fifteen (15) calendar days of receiving the appeal or within fifteen (15) calendar days of receiving papers in opposition to the appeal, whichever is longer. The board committee shall decide and issue a decision within five (5) calendar days of the meeting at which it hears the appeal.
Notations on Transcripts:
In cases in which a respondent has been found responsible for a Clery Act reportable crime of violence, the college must place a notation on her/his transcript stating that she/he was suspended or expelled after a finding of responsibility for a code of conduct violation. In all other cases, the college must place a notation of the findings and penalty on a respondent’s transcript unless a mediation agreement, the committee’s decision, or the decision on any appeal under section 15.4(p), expressly indicate otherwise.
A notation of expulsion after a respondent has been found responsible for a Clery
Act reportable crime of violence shall not be removed. In all other cases, a notation of expulsion, suspension or any lesser disciplinary penalty shall be removed,
as a matter of right, upon the request of the respondent to the Chief Student
Affairs Officer made, four years after the conclusion of the disciplinary proceeding or one year after the conclusion of any suspension, whichever is longer. If a finding of responsibility for any violation is vacated for any reason, any such notation shall be removed.

SECTION 15.5. ACTION BY THE BOARD OF TRUSTEES.

Notwithstanding the foregoing provisions of this article, the board of trustees reserves full power to suspend or take other appropriate action against a student or a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation of any college, school, or units of the university in the use of its facilities or in the achievement of its purposes as an educational institution in accordance with procedures established by the board of trustees.

SECTION 15.6. COLLEGE GOVERNANCE PLANS.

The provisions in a duly adopted college governance plan shall not be inconsistent with the provisions contained in this article.

Campus Behavior Code

In order to ensure the continuance and enhancement of the positive image and reputation of all members of the College community and in the interest of promoting student and faculty welfare at the College and the safety and security of our entire College community, the following Code of Behavior is in effect:

Gambling and the sale possession of drugs, including marijuana, are illegal by New York State law. Violators will be subject to disciplinary action and/or referral to outside authorities. Any student who does not show his or her ID card upon a legitimate request will be considered a trespasser.

Alcoholic beverages are not permitted at any College (department or program) event to which students are invited or expected to participate.

Any form of cheating is prohibited. Any student violating the code of behavior or any law or regulation established by the College, and by the city, state or federal government (including the use of drugs) shall be subject to formal disciplinary procedures as outlined in Articles 15.3 to 15.5 of the Board of Higher Education Bylaws and sanctions as listed in the Board of Higher Education Bylaws and Article 129A of the Education Low. The initiation of disciplinary procedures requires a predisciplinary hearing before a counselor from the Office of the Dean of Students as set up in line with the requirements of the Bylaws of the Board of Trustees immediately following an incident which is judged to be an infraction of law or Behavior Code to determine whether or not the case should be referred to the Student-Faculty Discipline Committee. As a result of emergency or extraordinary circumstances, a student may be suspended for a period not to exceed seven schools days. A hearing must be held within that same time period unless the student agrees or consents to an extension of the time.

If the charges are of sufficient nature and have not been settled at the predisciplinary hearing, a formal hearing will be scheduled before the Faculty-Student Discipline Committee as specifically outlined in Article 15.3 of the Bylaws of the Board of Trustees.

Students as a result of this hearing or failure to appear at the hearing may be subject to immediate and permanent suspension which may apply to all units of The City University of New York. All students involved will be advised of the various levels of appeal under the Bylaws of the Board of Education.

Damage to College Equipment

Any student who damages any school equipment is required to pay the costs of repair or replacement.

BMCC Policy on Plagiarism

Plagiarism is the presentation of someone else’s words, ideas, or artistic/scientific/ musical/technical work as one’s own creation. A student who copies or paraphrases published or online material, or another person’s research, without properly identifying the source(s) is committing plagiarism.

Plagiarism violates the ethical and academic standards of our college. Students will be held responsible for such violations, even when unintentional. To avoid unintended plagiarism, students should consult with their instructors about when and how to document their sources. The library also has both print and digital guides designed to help students cite sources correctly.

Plagiarism carries a range of penalties commensurate with the severity of the infraction. The instructor may, for example, require the work to be redone, reduce the course grade, fail the student in the course, or refer the case to the Faculty-Student Disciplinary Committee (see Article 15.4 of the Bylaws of the Board of Trustees). Cases referred to that committee could result in suspension or expulsion from the College.

Student Records Policy

The Family Educational Rights and Privacy Act (FERPA) gives students certain rights with respect to their “Education Records.”

A student’s affirmative consent is generally required to disclose personally identifiable information (“PII”) contained in a student’s Education Records to a third person. (The procedure for providing affirmative consent to have particular information shared with certain individual(s) is set out below.) Not all student records are, however, included in the definition of “Education Records” protected by FERPA. See below for a list of student records that are not “Education Records.” For instance, certain law enforcement unit, employment, health care provider, and parent’s financial records are not “Education Records.”

In addition, FERPA permits, and sometimes requires, the disclosure of PII from students’ Education Records without a student’s consent if the disclosure meets certain conditions.

One such exception is “Directory Information” which is specific limited information contained in Education Records. See below for a list of Directory Information. The disclosure of this information is not generally considered harmful or an invasion of privacy under FERPA. Unless a student affirmatively requests that such information not be shared, it may be disclosed by the college to third parties with a legitimate interest in the information. (The procedure for affirmatively directing that Directory Information not be shared, unless another applicable FERPA exception applies, is set out below.)

Another exception to the affirmative consent requirement is disclosure to “School Officials” with a legitimate educational interest in the record.

See below for a description of those included as “School Officials.” It should be noted that students may not block release of their names, identifiers or email addresses in classes in which the students are enrolled, and may not refuse to display student ID cards or badges.

Other exceptions include disclosure in connection with a health or safety emergency, and disclosure of de-identified records and information where the student is not personally identifiable. See below for additional categories of records that are exceptions to the affirmative consent requirement.

The FERPA rights of students are:

The right to inspect and review “Education Records.”

If students want to review their Education Records, they should submit a written request that identifies the specific Education Record(s) they wish to inspect to the Registrar’s Office. If the records are not maintained by the Registrar, the Registrar’s Office will advise them of the correct official to whom the request should be addressed. Requests should be granted or denied in writing (which may be by email) within 45 days of receipt. If the request is granted, students will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 45 days, students may appeal to the college’s FERPA Appeals Officer. The appeal should identify the particular record(s) requested access to, the date the original request for access was, the person the request was made to, and the reasons why the students believes they have a right of access to the record(s). Additional information regarding the appeal procedures will be provided if the request is denied. Keep in mind that certain records are not “Education Records” subject to this mandatory access under FERPA. See below for student records that are not considered Education Records.

The right to request the amendment of Education Records that the student believes are inaccurate, misleading or otherwise violate your privacy rights under FERPA.

Students may ask the college to amend a record that they believe is inaccurate, misleading or otherwise violates the privacy rights under FERPA. Students should write to the college official responsible for the record, clearly identify the part of the record they want changed, and specify why they believe it is inaccurate, misleading or violates the privacy rights. If the college decides not to amend the record as requested, the college will notify the student of the decision and advise them of their right to a hearing before the college’s FERPA Appeals Officer. Additional information regarding the hearing procedures will be provided to the student if the request to amend is denied.

The right to consent or withdraw consent to disclosure of personally identifiable information (“PII”) contained in Education Records to specific individuals, except to the extent that FERPA authorizes disclosure without consent.

If students want to consent the disclosure of certain PII contained in their Education Records to a designated person, they should submit a FERPA Release Form to the Registrar’s Office. If students want to withdraw that consent, they should execute the lower portion of the form withdrawing the earlier consent. If the Education Record that students want to give someone else access to is not maintained by the Registrar’s Office, the form should be provided to the college official who maintains the information. Again, keep in mind that not all student records are “Education Records” under FERPA, and that there are many circumstances where a student’s affirmative consent to disclosure is not required. See footnotes below.

The right to appeal the alleged denial of FERPA rights to the college’s FERPA Appeals Officer (described above), and the right to appeal the decision of that Officer (or the Officer’s failure to issue a timely decision) to the:

General Counsel and Vice Chancellor for Legal Affairs

The City University of New York 205 East 42nd Street New York, NY 10017

An appeal to the General Counsel and Vice Chancellor must be in writing and must be made within 30 days of the college FERPA Appeals Officer’s decision. It must include a copy of the determination of the college’s FERPA Appeals Officer, and the reasons why the student disagrees with the decision. Students may also file with the General Counsel and Vice Chancellor if they do not get notice of a hearing after filing the college appeal concerning denial of a request to amendment, or if they do not receive a decision within 30 days of the hearing.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA. The address of the office that administers FERPA is:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920

The right to direct that “Directory Information” not be disclosed to third parties (unless another exception to FERPA applies).

“Directory Information” is specific limited information contained in Education Records. See below for a list of Directory Information. The disclosure of this information is not generally considered harmful or an invasion of privacy under FERPA. One of the primary purposes of Directory Information is to allow the college to include this type of information in certain school publications, such as on-line directories, yearbooks, Dean’s list and other recognition lists, commencement programs, and sports activity materials. Unlike PII which requires the affirmative consent to disclose (unless another exception applies), Directory Information may be disclosed by the college to parties having a legitimate interest in the information, unless a student specifically requests that it not be. (Of course, the information may still be disclosed if a FERPA exception applies.)

By filing a Non-Disclosure of Directory Information Form with the Registrar’s Office, students may direct that, unless another FERPA exception applies, the “Directory Information” may not be released to third parties. See below for a list of Directory Information. Students’ direction not to disclose Directory Information to third parties will remain in effect unless and until they withdraw it which may be done at any time. The same form is used to withdraw the request.

The right to inspect and review the college’s record of disclosures.

Except for disclosures to School Officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of Directory Information, and disclosures to the student, FERPA regulations require the college to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.

Defined Terms

Student records that are not considered Education Records protected under FERPA

A student has no right to review, and the college need not permit inspection of the following types of records:

confidential letters and confidential statements of recommendations
financial records of the student’s parent(s)
records that are in the sole possession of the maker
records maintained on behalf of a college by its law enforcement unit, employment records of a college employee who is also a student
records made by a health care provider
records which pertain to a student but were generated after the student is no longer in attendance, grades on peer graded papers before they are recorded by a teacher
any other record that is privileged or otherwise inaccessible to the student pursuant to law or regulation

“Directory Information” consists of:

name
attendance dates (semesters and sessions, not daily records)
photograph
8-digit student ID number (but only if the ID number cannot be used to gain access to education records without one or more factors that authenticate the user’s identity)
enrollment status (full or part-time, undergraduate or graduate, etc.)
level of education (credits completed), degree enrolled for and major field of study
participation in official recognized activities and sports (teams)
height and weight (for members of athletic teams only)
degrees, honors, and awards received
Address, email address, and telephone number also constitute Directory Information, but disclosure of this information may only be released to employees of the University and its constituent colleges for the purpose of conducting legitimate University business.

These three categories of Directory Information may not be shared with individuals and organizations outside the University (unless some other exception to FERPA applies).

“School Official” includes:

a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff)
a person or company with whom the college or University has contracted as its agent to provide a service instead of using University employees or officials and a contractor, consultant, volunteer or other party to whom a college or the University has outsourced services or functions that would be otherwise performed by employees
a person serving on the Board of Trustees
a student serving on an official committee, such as a disciplinary committee
an individual assisting another school official in performing his or her tasks
the State Comptroller and his or her agents and representatives for the purpose of conducting audits

Disclosure without Student Consent

Other circumstances under which, and people to whom, disclosure may be made without student consent include the following:

To certain parties in an emergency if the information is necessary to protect the health or safety of the student or other individuals
To an official or employee of another educational institution in connection with the student’s enrollment or transfer
To designated government authorities including the U.S. Comptroller General, Attorney General, and Secretary of Education and certain State and Local educational authorities
In connection with an audit or evaluation of Federal- or State-supported education programs, or the enforcement of or compliance with Federal legal requirements that relate to those programs
In connection with financial aid or which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, the amount of the aid, the conditions of the aid, or to enforce the terms and conditions of the aid
To comply with a judicial order or lawfully issued subpoena
To an organization conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive

tests; (b) administer student aid programs; or

improve instruction

To accrediting organizations to carry out their accrediting functions
To the general public, the final results of a disciplinary proceeding, if the college determines the student is an alleged perpetrator of a crime of violence or nonforcible sex offense, and has committed a violation of the college’s policies with respect to these allegations
To the student’s parent(s) or legal guardian(s) if the student is a dependent for IRS tax purposes
To parent(s) or legal guardian(s) of a student under age 21 regarding the student’s violation of any law or college rule governing the use or possession of alcohol or a controlled substance if the college determines the student committed a disciplinary violation
In litigation and administrative proceedings involving the student and CUNY, or with respect to complaints by the student to a government entity, accrediting or licensing organization
If the disclosure concerns sex offenders or others required to register pursuant to law
To certain government agencies entitled to specific PII about foreign students with F or J visas
To a child welfare agency legally responsible for the care and protection of a student who is in a foster care placement
Disclosure of de-identified records and information is permitted if the college has reasonably determined that the student is not personally identifiable, taking into account other reasonably available information
Disclosure of certain specific information (and information otherwise made available to other employers as “Directory Information”) is required to US military recruiters.

Withholding Student Record Data

“According to University policy, a student who is financially delinquent or in default of any of their financial accounts at the College, University, or other agency of the State or Federal Government for which the College is an agent, will not be permitted to complete registration, or be issued a copy of their grades, a transcript, certificate or degree, nor receive funds under any campus based student assistance program. (University Report, Fiscal Affairs, Section CIV, April 23, 1979.)”

Immunization Requirements

New York State Department of Health requires that all students must comply with specific immunization laws. The following should be used to select the criteria. Students are mandated to comply with prior to registration. Students are blocked from registration until these requirements are met.

For students born after 1956, both NYS Health Law 2165 and 2167 must be met and completed prior to registration.
For students born before 1957, only NYS Health Law 2167 must be met and completed prior to registration,
NYS Health Law 2165, in effect since July, 1989, requires that students born after 1956 submit to Health Services Room N-303, documented proof of measles, mumps, and rubella immunization or immunity. Please refer to the information in the admissions packet or visit our website at www.bmcc. cuny.edu for detailed options on how one can complete the requirements.

Free MMR (combination measles, mumps, and rubella) vaccines are offered by Health Services throughout the semester as well as during registration.

Medical or religious exceptions may apply with proper documentation. Pregnant women must select the blood titre option only.

NYS Health Law 2167, in effect since August, 2003, requires that all students, those born after 1956 and those born prior to 1957, receive and read the information on Meningitis, specifically Meningococcal Disease. Students must fill out and sign the response form by either selecting to waive the right to the Meningitis vaccine or taking the form to a doctor to receive the vaccine and sign. These response forms must be submitted to Health Services, Room N-380. Please refer to the information received in the admissions packet.

There are no exceptions with this law since waiving the rights to vaccine is an option.

No Meningitis vaccines are offered by our office.

Students are welcome to print the forms from the website and are also welcome to fax completed forms to Health Services at (212) 220-2367. If students choose to fax, please follow up with a phone call to ensure receipt and that all is complete. The fax number is (212) 220-8255.

Notice of Non-Discrimination

It is the policy of The City University of New York—applicable to all colleges and units— to recruit, employ, retain, promote, and provide benefits to employees and to admit and provide services for students without discriminating on the basis of actual or perceived race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, pregnancy, status as a victim of domestic violence/stalking/sex offenses, unemployment status, caregiver or familial status, prior record of arrest or conviction, or any other legally prohibited basis in accordance with federal, state and city laws. This policy is set forth in CUNY’s Policy on Equal Opportunity and Non- Discrimination. CUNY’s Policy on Sexual Misconduct prohibits all forms of sexual misconduct, including sexual harassment, gender harassment and sexual violence. Inquiries concerning sexual misconduct or sex discrimination may be made to the individuals specified in that Policy or may be referred to the U.S. Department of Education, Office for Civil Rights. It is also the University’s policy to provide reasonable accommodations and academic adjustments, when appropriate, to individuals with disabilities, individuals observing religious practices, individuals who have pregnancy or childbirth-related medical conditions and victims of domestic violence/stalking/sex offenses. The process for addressing these issues is set forth in CUNY’s Procedures for Implementing Reasonable Accommodations and Academic Adjustments. Retaliation for reporting or opposing discrimination, cooperating with an investigation of a discrimination complaint, or requesting an accommodation or academic adjustment is also prohibited. To access CUNY’s Policy and Procedures on Equal Opportunity and Non-Discrimination, Policy on Sexual Misconduct, and Procedures for Implementing Reasonable Accommodations and Academic Adjustments, please visit these links:

http://www2.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/hr/policies-and-procedures/CUNYPolicy-Equal-Opportunity-and-Non-Discrimination-010115-procedures.pdf

http://policy.cuny.edu/wp-content/uploads/sites/6/page-assets/general-policy/EDITED-CUNY-Policy-on-Sexual-Misconduct-2018-with-links-8.2.2018.pdf

http://www2.cuny.edu/about/administration/offices/legal-affairs/policies-procedures/reasonable-accommodations-and-academic-adjustments/

The following people have been designated at the Borough of Manhattan Community College to handle inquiries and complaints relating to CUNY’s Policy on Equal Opportunity and Non-Discrimination and Policy on Sexual Misconduct and to ensure compliance with CUNY’s Procedures for Implementing Reasonable Accommodations and Academic Adjustments:

Odelia Levy, Esq. Chief Diversity Officer Title IX & Title 504 Coordinator, OLevy@bmcc.cuny.edu or 212-220-1236, 199 Chambers Street, Room S701, New York, NY 10007

Theresa Wade, Esq. Deputy Director of Diversity & Title IX Compliance, TWade@bmcc.cuny.edu or 212-220-1273

THE CITY UNIVERSITY OF NEW YORK POLICY ON EQUAL OPPORTUNITY AND NON-DISCRIMINATION

I. Policy on Equal Opportunity and Non-Discrimination

The City University of New York (“University” or “CUNY”), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.

It is the policy of the University—applicable to all colleges and units— to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws.1

It is also the University’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses.

This Policy also prohibits retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination complaint.

Prohibited Conduct Defined

Discrimination is treating an individual differently or less favorably because of his or

her protected characteristics—such as race, color, religion, sex, gender, national origin, or any of the other bases prohibited by this Policy.

Harassment is a form of discrimination that consists of unwelcome conduct based on a protected characteristic that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or abusive work or academic environment. Such conduct can be spoken, written, visual, and/or physical. This policy covers prohibited harassment based on all protected characteristics other than sex. Sex-based harassment and sexual violence are covered by CUNY’s Policy on Sexual Misconduct.

1 As a public university system, CUNY adheres to federal, state and city laws and regulations regarding non- discrimination and affirmative action. Should any federal, state or city law or regulation be adopted that prohibits discrimination based on grounds or characteristics not included in this Policy, discrimination on those additional bases will also be prohibited by this Policy.

Retaliation is adverse treatment of an individual because he or she made a discrimination complaint, opposed discrimination, or cooperated with an investigation of a discrimination complaint.

II. Discrimination and Retaliation Complaints

The City University of New York is committed to addressing discrimination and retaliation complaints promptly, consistently and fairly. There shall be a Chief Diversity Officer at every college or unit of the University, who shall be responsible for, among other things, addressing discrimination and retaliation complaints under this Policy. There shall be procedures for making and investigating such complaints, which shall be applicable at each unit of the University.

III. Academic Freedom

This policy shall not be interpreted so as to constitute interference with academic freedom.

IV. Responsibility for Compliance

The President of each college of the University, the CUNY Executive Vice Chancellor and Chief Operating Officer, and the Deans of the Law School, Graduate School of Journalism, School of Public Health and School of Professional Studies and Macaulay Honors College, have ultimate responsibility for overseeing compliance with these policies at their respective units of the University. In addition, each vice president, dean, director, or other person with managerial responsibility, including department chairpersons and executive officers, must promptly consult with the Chief Diversity Officer at his or her college or unit if he or she becomes aware of conduct or allegations of conduct that may violate this policy. All members of the University community are required to cooperate in any investigation of a discrimination or retaliation complaint.

Part of Policies and Procedures adopted and approved effective November 27, 2012, Cal.No.4; and revised policy amended and adopted December 1, 2014, Cal. No. C., with effective date of January 1, 2015; Cal. Item C.

COMPLAINT PROCEDURES UNDER THE CITY UNIVERSITY OF NEW YORK’S POLICY ON EQUAL OPPORTUNITY AND NON- DISCRIMINATION1

1. Reporting Discrimination and/or Retaliation

The University is committed to addressing discrimination and/or retaliation complaints promptly, consistently and fairly.

Members of the University community, as well as visitors, may promptly report any allegations of discrimination or retaliation to the individuals set forth below:

A. Applicants, employees, visitors and students with discrimination complaints should raise their concerns with the Chief Diversity Officer at their location.

B. Applicants, employees, visitors and students with complaints of sexual harassment or sexual violence, including sexual assault, stalking, domestic and intimate violence, should follow the process outlined in C UNY’s Policy on Sexual Misconduct.

C. There are separate procedures under which applicants, employees, visitors and students may request and seek review of a decision concerning reasonable accommodations for a disability, which are set forth in CUNY’s Procedures on Reasonable Accommodation.

2. Preliminary Review of Employee, Student, or Visitor Concerns

Individuals who believe they have experienced discrimination and/or retaliation should promptly contact the Chief Diversity Officer at their location to discuss their concerns, with or without filing a complaint. Following the discussion, the Chief Diversity Officer will inform the complainant of the options available. These include seeking informal resolution of the issues the complainant has encountered or the college conducting a full investigation. Based on the facts of the complaint, the Chief Diversity Officer may also advise the complainant that his or her situation is more suitable for resolution by another entity within the University.

1 These Procedures govern any complaint of discrimination and/or retaliation, except complaints of sexual harassment and sexual violence, which are covered by CUNY’s Sexual Misconduct Policy. These procedures are applicable to all of the units and colleges of the University. The Hunter College Campus Schools may make modifications to these procedures, subject to approval by the University, as appropriate to address the special needs of their elementary and high school students.

These Procedures are intended to provide guidance for implementing the University Policy on Equal Opportunity and Non-Discrimination. These Procedures do not create any rights or privileges on the part of any others.

The University reserves the right to alter, change, add to, or delete any of these procedures at any time without notice.

3. Filing a Complaint

Following the discussion with the Chief Diversity Officer, individuals who wish to pursue a complaint of discrimination and/or retaliation should be provided with a copy of the University’s complaint form. Complaints should be made in writing whenever possible, including in cases where the complainant is seeking an informal resolution.

4. Informal Resolution

Individuals who believe they have been discriminated or retaliated against may choose to resolve their complaints informally. Informal resolution is a process whereby parties can participate in a search for fair and workable solutions. The parties may agree upon a variety of resolutions, including but not limited to modification of work assignment, training for a department, or an apology. The Chief Diversity Officer will determine if informal resolution is appropriate in light of the nature of the complaint. Informal resolution requires the consent of both the complainant and the respondent and suspends the complaint process for up to thirty (30) calendar days, which can be extended upon consent of both parties, at the discretion of the Chief Diversity Officer.

Resolutions should be agreed upon, signed by, and provided to both parties. Once both parties reach an informal agreement, it is final. Because informal resolution is voluntary, sanctions may be imposed against the parties only for a breach of the executed voluntary agreement.

The Chief Diversity Officer or either party may at any time, prior to the expiration of thirty (30) calendar days, declare that attempts at informal resolution have failed. Upon such notice, the Chief Diversity Officer may commence a full investigation.

If no informal resolution of a complaint is reached, the complainant may request that the Chief Diversity Officer conduct a full investigation of the complaint.

5. Investigation

A full investigation of a complaint may commence when it is warranted after a review of the complaint, or after informal resolution has failed.

It is recommended that the intake and investigation include the following, to the extent feasible:

a. Interviewing the complainant. In addition to obtaining information from the complainant (including the names of any possible witnesses), the complainant should be informed that an investigation is being commenced, that interviews of the respondent and possibly other people will be conducted, and that the President2 will determine what action, if any, to take after the investigation is completed.

b. Interviewing the respondent. In addition to obtaining information from the respondent (including the names of any possible witnesses), the respondent should be informed that a complaint of discrimination has been received and should be provided with a written summary of the complaint unless circumstances warrant otherwise. Additionally, the respondent should be informed that an investigation has begun, which may include interviews with third parties, and that the President will determine what action, if any, to take after the investigation is completed. A respondent employee who is covered by a collective bargaining agreement may consult with, and have, a union representative present during the interview.

The respondent must be informed that retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory employment or educational practice or policy is prohibited under this policy and federal, state, and city laws. The respondent should be informed that if retaliatory behavior is engaged in by either the respondent or anyone acting on his/her behalf, the respondent may be subject to disciplinary charges, which, if sustained, may result in penalties up to and including termination of employment, or permanent dismissal from the University if the respondent is a student.

c. Reviewing other evidence. The Chief Diversity Officer should determine if, in addition to the complainant, the respondent, and those persons named by them, there are others who may have relevant information regarding the events in question, and speak with them. The Chief Diversity Officer should also review documentary evidence that may be relevant to the complaint.

6. Withdrawing a Complaint

A complaint of discrimination may be withdrawn at any time during the informal resolution or investigation process. Only the complainant may withdraw a complaint. Requests for withdrawals must be submitted in writing to the Chief Diversity Officer.

The University reserves the right to continue with an investigation if it is warranted. In a case where the University decides to continue with an investigation, it will inform the complainant.

In either event, the respondent must be notified in writing that the complainant has withdrawn the complaint and whether University officials have determined that continuation of the investigation is warranted for corrective purposes.

2 References to the President in these Procedures refer to the Executive Vice Chancellor and Chief Operating Officer and the Deans of the Law School, Graduate School of Journalism, CUNY School of Public Health, School of Professional Studies and Macaulay Honors College, wherever those units are involved, rather than a college.

7. Timeframe

While some complaints may require extensive investigation, whenever possible, the investigation of a complaint should be completed within sixty (60) calendar days of the receipt of the complaint.

8. Action Following Investigation of a Complaint

a. Promptly following the completion of the investigation, the Chief Diversity Officer will report his or her findings to the President. In the event that the respondent or complainant is a student, the Chief Diversity Officer will also report his or her findings to the Chief Student Affairs Officer.

b. Following such report, the President will review the complaint investigation report and, when warranted by the facts, authorize such action as he or she deems necessary to properly correct the effects of or to prevent further harm to an affected party or others similarly situated. This can include commencing action to discipline the respondent under applicable University Bylaws or collective bargaining agreements.

c. The complainant and the respondent should be apprised in writing of the outcome and action, if any, taken as a result of the complaint.

d. The President will sign a form that will go into each investigation file, stating what, if any, action will be taken pursuant to the investigation.

e. If the President is the respondent, the Vice Chancellor of Human Resources Management will appoint an investigator who will report his/her findings to the Chancellor. The Chancellor will determine what action will be taken. The Chancellor’s decision will be final.

9. Immediate Preventive Action

The President may take whatever action is appropriate to protect the college community in accordance with applicable Bylaws and collective bargaining agreements.

10. False and Malicious Accusations

Members of the University community who make false and malicious complaints of discrimination, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

11. Anonymous Complaints

All complaints will be taken seriously, including anonymous complaints. In the event that a complaint is anonymous, the complaint should be investigated as thoroughly as possible under the circumstances.

12. Responsibilities

a. Responsibilities of the President:

Appoint a Chief Diversity Officer responsible for addressing complaints under this Policy
Ensure that the Chief Diversity Officer is fully trained and equipped to carry out his/her responsibilities.
Ensure that managers receive training on the Policy.
Annually disseminate the Policy and these Procedures to the entire college community and include the names, titles and contact information of all appropriate resources at the college. Such information should be widely disseminated, including placement on the college website.

b. Responsibilities of Managers:

Managers must take steps to create a workplace free of discrimination, harassment and retaliation, and must take each and every complaint seriously. Managers must promptly consult with the Chief Diversity Officer if they become aware of conduct that may violate the Policy.

For purposes of this policy, managers are employees who either (a) have the authority to make tangible employment decisions with regard to other employees, including the authority to hire, fire, promote, compensate or assign significantly different responsibilities; or (b) have the authority to make recommendations on tangible employment decisions that are given particular weight. Managers include vice presidents, deans, directors, or other persons with managerial responsibility, including, for purposes of this policy, department chairpersons and executive officers.

c. Responsibilities of the University Community-at-Large:

Members of the University community who become aware of allegations of discrimination or retaliation should encourage the aggrieved individual to report the alleged behavior.
All employees and students are required to cooperate in any investigation.

Some Relevant Laws Concerning Non-discrimination and Equal Opportunity

Section 1324b of the Immigration and Nationality Act prohibits employers from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices or “document abuse” relating to the employment eligibility verification or Form I-9 process. Document abuse prohibited by the statute includes improperly requesting that an employee produce more documents than required by the I-9 form, or a particular document, such as a “green card”, to establish the employee’s identity and employment authorization; improperly rejecting documents that reasonably appear to be genuine during the I-9 process; and improperly treating groups of applicants differently when completing the I-9 form.

Executive Order 11246, as amended, prohibits discrimination in employment by all institutions with federal contracts and requires affirmative action to ensure equal employment opportunities.

Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other terms, conditions, and privileges of employment) on the basis of race, color, religion, national origin, or sex.

Title VI of the Civil Rights Act of 1964 prohibits discrimination or the denial of benefits because of race, color, or national origin in any program or activity receiving federal financial assistance.

Equal Pay Act of 1963, as amended, requires that men and women performing substantially equal jobs in the same workplace receive equal pay.

Title IX of the Education Amendments of 1972 prohibits discrimination or the denial of benefits based on sex in any educational program or activity receiving federal financial assistance.

Age Discrimination in Employment Act, as amended, prohibits discrimination against individuals who are age 40 or older.

Section 504 of the Rehabilitation Act of 1973 defines and forbids acts of discrimination against qualified individuals with disabilities in employment and in the operation of programs and activities receiving federal financial assistance.

Section 503 of the Rehabilitation Act of 1973 requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.

Vietnam Era Veterans’ Readjustment Act of 1974, as amended, requires government contractors and subcontractors to take affirmative action to employ and advance in employment disabled and other protected veterans.

Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, prohibits employment discrimination based on military status and requires reemployment following military service in some circumstances.

Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability.

Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information.

New York City Human Rights Law prohibits discrimination based on age (18 and older), race, creed, color, national origin, gender (including gender identity and expression), disability, marital status, partnership status, sexual orientation, alienage or citizenship status, arrest or conviction record, unemployment status, or status of an individual as a victim of domestic violence, sex offenses or stalking.

New York City Workplace Religious Freedom Act requires an employer to make accommodation for an employee’s religious needs.

New York State Education Law Section 224-a requires institutions of higher education to make accommodations for students who are unable to attend classes or take examinations due to their religious beliefs.

New York State Human Rights Law prohibits discrimination based on race, creed, color, national origin, sexual orientation, military status, sex, age (18 and older), marital status, domestic violence victim status, disability, predisposing genetic characteristics or prior arrest or conviction record.

New York City Pregnant Workers Fairness Act provides that employers provide pregnant employees with reasonable accommodations for the employee’s pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Effective as of January 1, 2015 and revised on August 29, 2016.

CUNY POLICY ON SEXUAL MISCONDUCT

On August 12, 2020, the CUNY Board of Trustees adopted a revised Policy on Sexual Misconduct, effective August 14, 2020. This revised Policy supersedes and replaces CUNY’s prior policy and will govern CUNY’s response to allegations of Sexual Misconduct based on conduct alleged to have occurred on or after August 14, 2020. The revised Policy was necessitated by changes to the federal regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §§ 1681-1688. These new regulations were announced on May 6, 2020, and became effective on August 14, 2020.

Although the new regulations significantly limit the behavior that constitutes Sexual Harassment within the definitions of Sexual Misconduct, CUNY will continue to investigate, prosecute and adjudicate all allegations of Sexual Misconduct that fall outside the new narrower definition of Title IX Sexual Harassment. Further, CUNY’s revised Policy allows for close scrutiny of all reported allegations of Sexual Misconduct. CUNY remains committed to ensuring that its students, faculty, and staff learn and work in an environment free from Sexual Misconduct. CUNY will continue its zero-tolerance toward any form of Sexual Misconduct, while complying with the mandates of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §§ 1681-1688.

Lastly, CUNY is resolute in its mission to respond to any allegation of Sexual Misconduct that may affect the CUNY community.

To review the CUNY Policy on Sexual Misconduct in its entirety, please visit:

http://policy.cuny.edu/wp-content/uploads/sites/6/page-assets/general-policy/EDITED-CUNY-Policy-on-Sexual-Misconduct-2018-with-links-8.2.2018.pdf

If you have any questions about the Policy on Sexual Misconduct or wish to file a complaint, please contact the Office of Compliance and Diversity:

Odelia Levy, Esq. Chief Diversity Officer Title IX & Title 504 Coordinator, OLevy@bmcc.cuny.edu or 212-220-1236, 199 Chambers Street, Room S701, New York, NY 10007

Theresa Wade, Esq. Deputy Director of Diversity & Title IX Compliance, TWade@bmcc.cuny.edu or 212-220-1273, 199 Chambers Street, Room S701, New York, NY 10007

No Smoking Policy

Following the enactment of the New York City Clean Air Act, a Smoking Policy was adopted in 1988 for units of The City University of New York including Borough of Manhattan Community College. The Clean Air Act was adopted in response to findings of the Surgeon General of the United States that passive exposure to cigarette smoke (second-hand or passive smoke) is linked to a variety of negative consequences. For overall health and safety concerns, and following the classification by the U.S. EPA of second-hand smoke as a Class A carcinogen, with input from faculty, staff, and students, the College became a smoke-free campus in April 1993. Smoking is not permitted on the premises of Borough of Manhattan Community College at either 199 Chambers Street or 70 Murray Street.

The administrator designated to review issues/ complaints related to the College’s No Smoking policy is the Deputy Director of Human Resources, Gloria Chao, Room S-710.