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 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 Trustees provide that:
"The president, with respect to his education unit, shall:
Penalties 1-4 shall be in addition to any other penalty provided by law or the City University Trustees.
Bylaw Section 15.6
SUSPENSION OR DISMISSAL.
The Board of Trustees reserves full power to dismiss or suspend a student, or suspend a student organization for conduct which impedes, obstructs, 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.
The Chancellor or Chancellor's designee, a president or any dean may in emergency or extraordinary circumstances, temporarily suspend a student, or temporarily suspend the privileges of a student organization or group for cause, pending an early hearing as provided in bylaw section 15.3 to take place within not more than seven (7) school days. Prior to the commencement of a temporary suspension of a student, the College shall give such student oral or written notice of the charges against him/her and, if he/she denies them, the College shall forthwith give such student an informal oral explanation of the evidence supporting the charges and the student may present informally his/her 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 City University of New York, located in a historically diverse municipality, is committed to engendering values and implementing policies that will enhance respect for individuals and their cultures. The University believes that, in order truly to benefit from this diversity, the University must foster tolerance, sensitivity, and mutual respect among all members of its community. Efforts to promote diversity and to combat bigotry are an inextricable part of the educational mission of the University. Diversity among the University's many members strengthens the institution, promotes the exchange of new ideas, and enriches campus life.
The University does not condone and will not tolerate discrimination in employment or in its educational programs and activities.
The City University of New York continues to recognize the important need to maintain at each campus equal access and opportunity for qualified students, faculty, and staff from all ethnic and racial groups and from both sexes.
Policy Statement
It is the policy of The City University of New York and the constituent colleges and units of the University to recruit, employ, retain, promote, and provide benefits to employees and to admit and provide services for students without regard to race, color, national or ethnic origin, religion, age, sex, sexual orientation, gender identity, marital status, disability, genetic predisposition or carrier status, alienage, citizenship, military or veteran status, or status as a victim of domestic violence.
Sexual harassment, a form of sex discrimination, is prohibited under the University's Policy Against Sexual Harassment.
The City University of New York, as a public university system, adheres to Federal, State and city laws and regulations regarding non-discrimination and affirmative action, including among others, Executive Order 11246, as amended, Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, the New York State Human Rights Law, and the New York City Human Rights Law. The "protected classes" as delineated in Executive Order 11246 (Black, Hispanic, Asian/Pacific Islander, American Indian/Alaskan Native, and Women) were expanded on December 9, 1976 by the Chancellor of the City University of New York to include Italian-Americans.
Responsibility for Compliance
The President of each constituent college of the University, the Senior Vice Chancellor at the Central Office, and the Dean of the Law School shall have ultimate responsibility for overseeing compliance with this Policy at his or her respective unit of the University.
The City University of New York is committed to addressing discrimination complaints promptly, consistently, and fairly. There shall be an employment discrimination complaint procedure administered by each unit of the University.
A job applicant, employee, or former employee of Lehman College who wishes to make a complaint related to equal employment opportunity or affirmative action should consult with Dawn Ewing Morgan, the Director of Compliance and Diversity. Mrs. Morgan can be reached at 718-960-8111. Her office is in Shuster Hall, Room 352.
Students who believe they have been discriminated against in violation of this policy should bring their complaints to the Chief Student Affairs Officer for investigation by the officer or his or her designee in accordance with this policy.
Retaliation against any member of the University community who has made a complaint of discrimination is prohibited.
Policy Statement
It is the policy of The City University of New York to promote a cooperative work and academic environment in which there exists mutual respect for all University students, faculty, and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the University's non-discrimination policy. Sexual harassment is illegal under Federal, State, and City laws, and will not be tolerated within the University.
The University, through its colleges, will disseminate this policy and take other steps to educate the University community about sexual harassment. The University will establish procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough, and as confidential as possible under the circumstances, and that appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred. Members of the University community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the College to investigate the allegations.
A. Prohibited Conduct
It is a violation of University policy for any member of the University community to engage in sexual harassment or to retaliate against any member of the University community for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.
B. Definition of Sexual Harassment
For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other oral or written communications or physical conduct of a sexual nature when:
Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between a faculty member and student supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between fellow students or coworkers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.
C. Examples of Sexual Harassment
Sexual harassment may take different forms. Using a person's response to a request for sexual favors as a basis for an academic or employment decision is one form of sexual harassment. Examples of this type of sexual harassment include, but are not limited to, the following:
Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the target does find, and a reasonable person would find, that an intimidating, hostile, or abusive work or academic environment has been created. Examples of this kind of sexual harassment include, but are not limited to, the following:
D. Consensual Relationships
Amorous, dating, or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between a faculty member, supervisor, or other member of the University community and any person for whom he or she has a professional responsibility. These dangers can include: that a student or employee may feel coerced into an unwanted relationship because he or she fears that refusal to enter into the relationship will adversely affect his or her education or employment; that conflicts of interest may arise when a faculty member, supervisor, or other member of the University community is required to evaluate the work or make personnel or academic decisions with respect to an individual with whom he or she is having a romantic relationship; that students or employees may perceive that a fellow student or coworker who is involved in a romantic relationship will receive an unfair advantage; and that if the relationship ends in a way that is not amicable, either or both of the parties may wish to take action to injure the other party.
Faculty members, supervisors, and other members of the University community who have professional responsibility for other individuals, accordingly, should be aware that any romantic or sexual involvement with a student or employee for whom they have such a responsibility may raise questions as to the mutuality of the relationship and may lead to charges of sexual harassment. For the reasons stated above, such relationships are strongly discouraged.
For purposes of this section, an individual has "professional responsibility" for another individual at the University if he or she performs functions including, but not limited to, teaching, counseling, grading, advising, evaluating, hiring, supervising, or making decisions or recommendations that confer benefits such as promotions, financial aid awards or other remuneration, or that may impact upon other academic or employment opportunities.
E. Academic Freedom
This policy shall not be interpreted so as to constitute interference with academic freedom.
F. False and Malicious Accusations
Members of the University community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.
G. Procedures
The University has developed procedures to implement this policy. The President of each constituent college of the University, the Senior Vice Chancellor at the Central Office, and the Dean of the Law School shall have ultimate responsibility for overseeing compliance with this policy at his or her respective unit of the University. In addition, each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility shall be required to report any complaint of sexual harassment to the individual or individuals designated in the procedures. All members of the University community are required to cooperate in any investigation of a sexual harassment complaint.
H. Enforcement
There is a range of corrective actions and penalties available to the University for violations of this policy. Students, faculty, or staff who are found, following applicable disciplinary proceedings, to have violated this Policy are subject to various penalties, including termination of employment and/or student expulsion from the University.
Sexual Harassment Awareness and Intake Committee
The Sexual Harassment Awareness and Intake Committee is responsible for educating the Lehman College community about sexual harassment and its potential consequences to the University community. The members of the Sexual Harassment Awareness and Intake Committee are available to respond to inquiries, receive complaints alleging sexual harassment from any member of the college community, and to refer individuals and/or the complaint to the Sexual Harassment Coordinator. The members of the Sexual Harassment Awareness and Intake Committee are:
Annecy Baez, Counseling Center (718-960-8761)
Chelsea Campbell, Paralegal Studies Program/Continuing Education (718-960-1159)
Vanessa Gonzalez, Campus Life (718-960-8468)
Joette Reaves, Health Programs/Continuing Education (718-960-8998)
Maritza Rivera, Office of Compliance and Diversity (718-960-8111)
Michael Sullivan, Campus Life (718-960-8535)
Sexual Harassment Coordinator Dawn Ewing Morgan, Office of Compliance and Diversity (718-960-8111)
Sexual Harassment Deputy Coordinators
Graciela Castex, Sociology and Social Work (718-960-7864)
John Cirace, Economics & Accounting (718-960-8388)
Vincent Zucchetto, Student Affairs (718-960-8242)
Prohibition on Submission of Fraudulent Admission Documents
The submission of documents in support of applications for admission such as transcripts, diplomas, test scores, references, or the applications themselves, that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses, or otherwise deceptive (collectively referred to as fraudulent documents) is prohibited and is punishable by a five-year bar on applying for admission or five-year suspension from CUNY. A second violation is punishable by a lifetime ban on applying for admission or expulsion from CUNY.
When fraudulent admissions documents are discovered prior to an applicant's enrollment, sanctions will be imposed centrally. A first offense will be punishable by a five-year bar on applying for admission and a second offense will result in a lifetime ban. The accused applicant will have the opportunity to appeal to the Vice Chancellor for Student Development.
If the fraudulent admissions document is discovered after the student completes registration or begins classes at a college, the student shall be suspended for five years with the right to appeal through the college student disciplinary process. A second offense results in expulsion.
If the fraudulent admissions document is discovered after the student has already graduated, the graduate shall be notified in writing and shall be entitled to a disciplinary hearing under Article 15 of the Board Bylaws. If the disciplinary committee sustains the charges, the committee may impose a five-year suspension and in addition recommend the revocation of the degree. A second violation results in expulsion. Any recommendation to revoke a degree is subject to the approval by the Board of Trustees after considering the recommendation of the faculty of the college.
Family Educational Rights and Privacy Act (F.E.R.P.A.)
The Family Educational Rights and Privacy Act (F.E.R.P.A.) affords students certain rights with respect to their education records. They are:
Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
All requests shall be granted or denied in writing within 15 days of receipt. If the request is granted, the student will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 15 days, the student may appeal. Additional information regarding the appeal procedures will be provided to the student if a request is denied.
Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write to the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if access is reasonably necessary in order to perform his/her instructional, research, administrative, or other duties and responsibilities.
Upon request, the College discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
General Counsel and Vice Chancellor for Legal Affairs
The City University of New York
535 East 80th Street
New York, NY 10075
The name and address of the Office that administers F.E.R.P.A. are:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-4605
Students unable because of religious beliefs to register or attend classes on certain days:
Lehman College, like most institutions of higher learning, has regulations and policies governing academic standards and procedures, class attendance, final examinations, grade records, personal health, and conduct. They have been established in accordance with the Bylaws of the Board of Trustees, and on recommendation of the College's governance body--the Lehman College Senate. Specific policies and regulations are enumerated in this Bulletin and in the Student Guide, available in the Office of the Vice President of Student Affairs, the Division of Individualized and Continuing Education, and the Office of Academic Advising, Standards, and Evaluation.
Conduct
Article XV, Section 15.1 (Conduct Standard Defined) of the Bylaws of the Board of Trustees of The City University of New York reads as follows:
Each student enrolled or in attendance in any college, school, or unit under the control of the Board and every student organization, publication, club, or chapter shall obey the laws of the City, State, and Nation, and the published rules, regulations, and orders of the Board of Higher Education and the duly established college authorities. Application to Lehman College constitutes acceptance of the foregoing provisions as well as of the detailed rules set forth in the Appendix.
NOTE: The City University of New York Computer User Responsibilities is a statement originally prepared by the University's Computer Policy Committee. It underwent review by the University Faculty Senate and the CUNY Office of the Vice Chancellor for Legal Affairs.
Introduction
CUNY's computer resources are dedicated to the support of the university's mission of education, research, and public service. In furtherance of this mission, CUNY respects, upholds, and endeavors to safeguard the principles of academic freedom, freedom of expression, and freedom of inquiry.
CUNY recognizes that there is a concern among the university community that because information created, used, transmitted, or stored in electronic form is by its nature susceptible to disclosure, invasion, loss, and similar risks, electronic communications and transactions will be particularly vulnerable to infringements of academic freedom. CUNY's commitment to the principles of academic freedom and freedom of expression includes electronic information. Therefore, whenever possible, CUNY will resolve doubts about the need to access CUNY computer resources in favor of a user's privacy interest.
However, the use of CUNY computer resources, including for electronic transactions and communications, like the use of other university-provided resources and activities, is subject to the requirements of legal and ethical behavior. This policy is intended to support the free exchange of ideas among members of the CUNY community and between the CUNY community and other communities, while recognizing the responsibilities and limitations associated with such exchange.
Applicability
This policy applies to all users of CUNY computer resources, whether affiliated with CUNY or not, and whether accessing those resources on a CUNY campus or remotely.
This policy supersedes the CUNY policy, titled "CUNY Computer User Responsibilities," and any college policies that are inconsistent with this policy.
Definitions
"CUNY Computer resources" refers to all computer and information technology hardware, software, data, access and other resources owned, operated, or contracted by CUNY. This includes, but is not limited to, personal computers, handheld devices, workstations, mainframes, minicomputers, servers, network facilities, databases, memory, and associated peripherals and software, and the applications they support, such as e-mail and access to the internet.
"E-mail" includes point-to-point messages, postings to newsgroups and listservs, and other electronic messages involving computers and computer networks.
Rules for Use of CUNY Computer Resources
Except with respect to CUNY employees other than faculty, where a supervisor has prohibited it in writing, incidental personal use of computer resources is permitted so long as such use does not interfere with CUNY operations, does not compromise the functioning of CUNY computer resources, does not interfere with the user's employment or other obligations to CUNY, and is otherwise in compliance with this policy.
Examples of applicable federal and state laws include the laws of libel, obscenity, and child pornography, as well as the following:
Family Educational Rights and Privacy Act
Electronic Communications Privacy Act
Computer Fraud and Abuse Act
New York State Freedom of Information Law
New York State Law with respect to the confidentiality of library records
Examples of applicable CUNY rules and policies include the following:
Sexual Harassment Policy
Policy on Maintenance of Public Order
Web Site Privacy Policy
Gramm-Leach-Bliley Information Security Program
University Policy on Academic Integrity
Information Security policies
Much of what appears on the Internet and/or is distributed via electronic communication is protected by copyright law, regardless of whether the copyright is expressly noted. Users of CUNY computer resources should generally assume that material is copyrighted unless they know otherwise, and not copy, download, or distribute copyrighted material without permission unless the use does not exceed fair use as defined by the federal Copyright Act of 1976. Protected material may include, among other things, text, photographs, audio, video, graphic illustrations, and computer software.
Confidential Research Information. Principal investigators and others who use CUNY computer resources to store or transmit research information that is required by law or regulation to be held confidential or for which a promise of confidentiality has been given, are responsible for taking steps to protect confidential research information from unauthorized access or modification. In general, this means storing the information on a computer that provides strong access controls (passwords) and encrypting files, documents, and messages for protection against inadvertent or unauthorized disclosure while in storage or in transit over data networks. Robust encryption is strongly recommended for information stored electronically on all computers, especially portable devices such as notebook computers, Personal Digital Assistants (P.D.A.'s), and portable data storage (e.g., memory sticks) that are vulnerable to theft or loss, as well as for information transmitted over public networks. Software and protocols used should be reviewed and approved by CUNY's Office of Information Technology.
CUNY does not routinely monitor, inspect, or disclose individual usage of its computer resources without the user's consent. In most instances, if the university needs information located in a CUNY computer resource, it will simply request it from the author or custodian. However, CUNY I.T. professionals and staff do regularly monitor general usage patterns as part of normal system operations and maintenance and might, in connection with these duties, observe the contents of web sites, e-mail, or other electronic communications. Except as provided in this policy or by law, these individuals are not permitted to seek out contents or transactional information, or disclose or otherwise use what they have observed. Nevertheless, because of the inherent vulnerability of computer technology to unauthorized intrusions, users have no guarantee of privacy during any use of CUNY computer resources or in any data in them, whether or not a password or other entry identification or encryption is used. Users may expect that the privacy of their electronic communications and of any materials contained in computer storage in any CUNY electronic device dedicated to their use will not be intruded upon by CUNY except as outlined in this policy.
CUNY may specifically monitor or inspect the activity and accounts of individual users of CUNY computer resources, including individual login sessions, e-mail, and other communications, without notice, in the following circumstances:
In those situations in which the Chair of the University Faculty Senate is to be consulted prior to monitoring or inspecting an account or activity, the following procedures shall apply: (i) the college president shall report the completion of the monitoring or inspection to the Chair and the CUNY employee affected, who shall also be told the reason for the monitoring or inspection, except where specifically forbidden by law; and (ii) if the monitoring or inspection of an account or activity requires physical entry into a faculty member's office, the faculty member shall be advised prior thereto and shall be permitted to be present to observe, except where specifically forbidden by law.
A CUNY employee may apply to the General Counsel for an exemption from some or all of the circumstances under which CUNY may inspect and monitor computer resource activity and accounts, pursuant to subparagraphs (a)-(f) above, with respect to a CUNY computer resource used solely for the collection, examination, analysis, transmission, or storage of confidential research data. In considering such application, the General Counsel shall have the right to require the employee to affirm in writing that the computer resource will be used solely for the confidential research. Any application for exemption should be made prior to using the computer resource for the confidential research.
CUNY, in its discretion, may disclose the results of any general or individual monitoring or inspection to appropriate CUNY personnel or agents, or law enforcement or other agencies. The results may be used in college disciplinary proceedings, discovery proceedings in legal actions, or otherwise as is necessary to protect the interests of the University.
In addition, users should be aware that CUNY may be required to disclose to the public under the New York State Freedom of Information Law communications made by means of CUNY computer resources in conjunction with University business.
Any disclosures of activity of accounts of individual users to persons or entities outside of CUNY, whether discretionary or required by law, shall be approved by the General Counsel and shall be conducted in accordance with any applicable law. Except where specifically forbidden by law, CUNY employees subject to such disclosures shall be informed promptly after the disclosure of the actions taken and the reasons for them.
The Office of General Counsel shall issue an annual statement of the instances of account monitoring or inspection that fall within categories (d) through (g) above. The statement shall indicate the number of such instances and the cause and result of each. No personally identifiable data shall be included in this statement.
See CUNY's Web Site Privacy Policy for additional information regarding data collected by CUNY from visitors to the CUNY website at www.cuny.edu.
Violations will normally be handled through the university disciplinary procedures applicable to the relevant user. For example, alleged violations by students will normally be investigated, and any penalties or other discipline will normally be imposed, by the Office of Student Affairs.
CUNY has the right to temporarily suspend computer use privileges and to remove from CUNY computer resources material it believes violates this policy, pending the outcome of an investigation of misuse or finding of violation. This power may be exercised only by the President of each college or the Chancellor.
Users receive and use information obtained through CUNY computer resources at their own risk. CUNY makes no warranties (expressed or implied) with respect to the use of CUNY computer resources. CUNY accepts no responsibility for the content of web pages or graphics that are linked from CUNY web pages, for any advice or information received by a user through use of CUNY computer resources, or for any costs or charges incurred by a user as a result of seeking or accepting such advice or information.
CUNY reserves the right to change this policy and other related policies at any time. CUNY reserves any rights and remedies that it may have under any applicable law, rule, or regulation. Nothing contained in this policy will in any way act as a waiver of such rights and remedies.
Freedom of speech is an essential tradition of any academic community. All members of the Lehman community must be vigilant in exercising their rights of expression so as not to preclude other persons' guaranteed right to give and receive expression as part of the deliberative process of the academic community. Preservation of this right on campus requires the scrupulous use of means of communication. Public-address systems and all other amplification devices are prohibited.
Smoking is prohibited in all buildings owned, leased, or operated by the City University of New York.
The use of illegal drugs will subject the individual to the penalties provided by law. Individual problems with drugs may be discussed in strict confidence with the counseling faculties of the College. The use of legal drugs that are nevertheless injurious to the health is not condoned. The use of alcohol by anyone under 21 years of age is illegal and prohibited.
Identification cards, issued by the College, must be carried at all times. Students are required to present their I.D. cards upon the request of any College official. Any guest of a student visiting the campus must obtain a pass from Campus Security (The APEX, Room 109) and must present it upon request.
Students in basic skills courses are required to attend classes. Students in all other courses are expected to attend classes regularly, and instructors are required to record attendance for grading and counseling purposes. Individual instructors, as well as departments or degree programs, may establish specific attendance requirements. Instructors have the right to weigh attendance and class participation in determining grades. It is the student's responsibility to ascertain the effect attendance may have on the grade in a course. Students receiving financial aid must be certified as attending classes regularly for continuing eligibility.
For a petition to be circulated by any student or student group, two copies shall be filed with the Office of Student Activities. All copies of the petition must bear the name of the group or groups circulating the petition.
No student or nonstudent may use any part of the College buildings and grounds (including Bulletin boards) for soliciting or selling any merchandise or service without the express permission of the Vice President of Student Affairs. Lehman College and the City University of New York do not sponsor any products, merchandising schemes, or tours. Advertising appearing in student publications does not imply the sponsorship of the College.
No student or student organization may be a self-appointed representative of Lehman College or any division thereof, nor of The City University of New York.
Group Activities
The College offers a wide range of extracurricular activities and programs. These include departmental, religious, social, political, and athletic activities; creative events, such as art displays and literary, musical, and dramatic performances; and extracurricular lectures on varied topics. Students publish newspapers and other publications and have the opportunity to join a variety of clubs.
Policy on Guest Speakers
Student groups have the right to hear speakers of their choice in accordance with the rules set by the College. It may not, however, be assumed that speakers invited by students represent the views of the College.
Student Government
Student government consists of The Campus Association for Student Activities (C.A.S.A.), which plans and administers programs and allocates funds for student groups, and the Student Conference, which represents students' interests in the Lehman College Senate.
Participation in College Governance
Students shall comprise a permanent one-third of the total membership of the Senate, based upon combining the total number of voting faculty and voting administration representatives. Senate meetings are open to all students and staff at the College. Students are also represented on College committees. The student senators comprise the Student Conference.
Students who do not submit proof of measles, mumps, and rubella (M.M.R.)immunization or who fail to return the meningococcal meningitis response form within a statutory grace period shall be prohibited from attending the institution. For additional information, contact the Student Health Center located in the T-3 Building, Room 118 at the following phone number: 718-960-8900.
Public Health Law 2165 requires that postsecondary students be immunized against measles, mumps, and rubella (M.M.R.).
All registered full-time students and part-time students born on or after January 1, 1957 who are enrolled for at least six, but fewer than twelve semester hours (or equivalent) per semester in an approved degree program or registered certificate program must submit proof of M.M.R. immunization. Students may be exempt from the required M.M.R. immunizations for religious or medical reasons. To qualify for a religious exception, students must submit a signed statement, or in the event the student is a minor (under 18), a signed statement from their parent or guardian, that they hold sincere and genuine religious beliefs that prohibit immunization. To qualify for a medical exception, students must submit a written statement from a licensed physician or nurse practitioner indicating that such immunization may be detrimental to their health.
Public Health Law 2167 requires that postsecondary institutions provide written information about meningococcal meningitis to its students and that students complete, sign, and return a meningococcal meningitis response form. Public Health Law 2167 does not require that students be immunized against meningitis.
Public Health Law 2167 requires colleges to distribute written information about meningococcal meningitis disease and vaccination and students to complete, sign, and return to the College, a meningococcal meningitis response form that: (a) confirms that the college has provided the information about meningococcal meningitis; and (b) indicates that either: (1) the student has received immunization against meningococcal meningitis within the 10 years preceding the date of the response form; or (2) the student has decided against receiving the vaccination. This law applies to students who are enrolled in at least six semester hours (or the equivalent) per semester. No student may be exempt from receiving information or returning the response form.
Requests to inspect public records at the college should be made to the Records Access Officer, Esdras Tulier, special counsel to the President, who is located in Shuster Hall, Room 376 (718-960-8559). Public records are available for inspection and copying by appointment only at a location to be designated. You have a right to appeal a denial of a request for access to records to the CUNY General Counsel and Vice Chancellor for Legal Affairs. Copies of the CUNY Procedures for Public Access to Public Records Pursuant to Article 6 of the Public Officers Law and the appeal form are available at the Reference Desk of the Library and on the College website.
Academic Dishonesty is prohibited in The City University of New York and is punishable by penalties, including failing grades, suspension, and expulsion, as provided herein.
Definitions and Examples of Academic Dishonesty
Cheating is the unauthorized use or attempted use of material, information, notes, study aids devices, or communication during an academic exercise.
The following are some examples of cheating, but by no means is it an exhaustive list:.
Plagiarism is the act of presenting another person's ideas, research, or writings as your own.
The following are some examples of plagiarism, but by no means is it an exhaustive list:
Internet Plagiarism includes submitting downloaded term papers or parts of term papers, paraphrasing or copying information from the Internet without citing the source, and "cutting & pasting" from various sources without proper attribution.
Obtaining Unfair Advantage is any activity that intentionally or unintentionally gives a student an unfair advantage in his/her academic work over another student.
The following are some examples of obtaining an unfair advantage, but by no means it is an exhaustive list:
Falsification of Records and Official Documents
The following are some examples of falsification, but by no means is it an exhaustive list:
Introduction
As a legal matter, in disciplining students for violations of policies of academic integrity, CUNY, as a public institution, must conform to the principles of due process mandated by the Fourteenth Amendment to the United States Constitution—generally speaking, to provide notice of the charges and some opportunity to be heard. In the context of court-litigated violations, questions as to how much and what kind of process was "due" turn on the court's judgment whether the decision on culpability was "disciplinary" (a question of fact) or "academic" (a question of the instructor's expert judgment). This distinction has proved difficult to apply on campus. Accordingly, these procedures provide for alternative approaches depending on the severity of the sanction(s) being sought. If the instructor desires solely an "academic" sanction, that is, a grade reduction, less process is due than if a "disciplinary" sanction, such as suspension or expulsion, is sought.
A faculty member who suspects that a student has committed a violation of the CUNY or the College Academic Integrity Policy shall review with the student the facts and circumstances of the suspected violation whenever possible. The decision whether to seek an academic sanction only, rather than a disciplinary sanction or both types of sanctions, will rest with the faculty member in the first instance, but the College retains the right to bring disciplinary charges against the student. Among the factors the College should consider in determining whether to seek a disciplinary sanction are whether the student has committed one or more prior violations of the Academic Integrity Policy and mitigating circumstances, if any. It is strongly recommended that every instance of suspected violation should be reported to the Academic Integrity Official on a form provided by the College. Among other things, this reporting will allow the College to determine whether it wishes to seek a disciplinary sanction even where the instructor may not wish to do so.
Procedures in Cases Where the Instructor Seeks an Academic Sanction Only
If the faculty member wishes to seek only an academic sanction (i.e., a reduced grade1 only), and the student does not contest either his/her guilt or the particular reduced grade the faculty member has chosen, then the student shall be given the reduced grade, unless the College decides to seek a disciplinary sanction (see Section I above and IV below). The reduced grade may apply to the particular assignment as to which the violation occurred or to the course grade, at the faculty member's discretion.
If the student denies guilt or contests the particular grade awarded by the faculty member, then the matter shall be handled using the College's grade appeals process, including departmental grading committees where applicable, or the Academic Integrity Committee. In either case, the process must, at a minimum, provide the student with an opportunity to be heard and to present evidence.
Procedures in Cases Where a Disciplinary Sanction Is Sought
If a faculty member suspects a violation and seeks a disciplinary sanction, the faculty member shall refer the matter to the College's Academic Integrity Official using the Faculty Report form, to be adjudicated by the College's Faculty-Student Disciplinary Committee under Article 15 of the CUNY Bylaws. As provided for therein, the Faculty-Student Disciplinary Committee may, among other things, investigate, conciliate, or hear evidence on cases in which disciplinary charges are brought.2 Under certain circumstances, College officials other than the Academic Integrity Official may seek disciplinary sanctions following the procedures outlined above. If a reduced grade is also at issue, then that grade should be held in abeyance, pending the Faculty-Student Disciplinary Committee's action.
Procedures in Cases in Which Both a Disciplinary and an Academic Sanction Are Sought
If a faculty member or the College seeks to have both a disciplinary and an academic sanction imposed, it is not advisable to proceed on both fronts simultaneously lest inconsistent results ensue. Thus, it is best to begin with the disciplinary proceeding seeking imposition of a disciplinary sanction and await its outcome before addressing the academic sanction. If the Faculty-Student Disciplinary Committee finds that the alleged violation occurred, then the faculty member may reflect that finding in the student's grade. If the Faculty-Student Disciplinary Committee finds that the alleged violation did not occur. Then no sanction of any kind may be imposed. The decision whether to pursue both types of sanctions will ordinarily rest with the faculty member.
Reporting Requirements
In cases where a violation of academic integrity has been found to have occurred (whether by admission or a fact-finding process), the faculty member should promptly file with the Academic Integrity Official a report of the adjudication in writing on a Faculty Report form provided by the College as described above. The Academic Integrity Official shall maintain a confidential file for each student about whom a suspected or adjudicated violation is reported. If either the grade appeals process or the Faculty-Student Disciplinary Committee finds that no violation occurred, the Academic Integrity Official shall remove and destroy all material relating to that incident from the student's confidential academic integrity file. Before determining what sanction(s) to seek, the faculty member or the Academic Integrity Official may consult the student's confidential academic integrity file, if any, to determine whether the student has been found to have previously committed a violation of the Academic Integrity Policy, the nature of the infraction, and the sanction imposed or action taken.
Where a matter proceeds to the Faculty-Student Disciplinary Committee, the Academic Integrity Official shall promptly report its resolution to the faculty member and file a record of the resolution in the student's confidential academic integrity file, unless, as indicated above, the suspected violation was held to be unfounded, in which case all reporting forms concerning that suspected violation shall be destroyed.
PROCEDURES FOR HANDLING STUDENT COMPLAINTS ABOUT FACULTY CONDUCT IN ACADEMIC SETTINGS
1 A reduced grade can be an "F," a "D-," or another grade that is lower than the grade that would have been given but for the violation.
2 Typically, disciplinary sanctions would be sought in cases of the most egregious, or repeated, violations, for example: infraction in ways similar to criminal activity (such as forging a grade form; stealing an examination from a professor or a university office; or forging a transcript); having a substitute take an examination or taking an examination for someone else; sabotaging another student's work through actions designed to prevent the student from successfully completing an assignment; dishonesty that affects a major or essential portion of work done to meet course requirements. [These examples have been taken from a list of violations compiled by Rutgers University.]
The City University of New York has a long-standing commitment to promoting a safe and secure academic and work environment that promotes the achievement of its mission of teaching, research, scholarship, and service. All members of the University community—students, faculty and staff—are expected to maintain a working and learning environment free from violence, threats of harassment, violence, intimidation, or coercion. While these behaviors are not prevalent at the University, no organization is immune.
The purpose of this policy is to address the issue of potential workplace violence in our community, prevent workplace violence from occurring to the fullest extent possible, and set forth procedures to be followed when such violence has occurred.
Policy
The City University of New York prohibits workplace violence. Violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior toward people or property will not be tolerated. Complaints involving workplace violence will not be ignored and will be given the serious attention they deserve. Individuals who violate this policy may be removed from University property and are subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules, and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution. Complaints of sexual harassment are covered under the University's Policy Against Sexual Harassment.
The University, at the request of an employee or student, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee or student on University property unless necessary to transact University-related business. This policy particularly applies in cases where the employee or student suspects that an act of violence will result from an encounter with said individual(s).
Scope
All faculty, staff, students, vendors, contractors, consultants, and others who do business with the University, whether in a University facility or off-campus location where University business is conducted, are covered by this policy. This policy also applies to other persons not affiliated with the University, such as former employees, former students, and visitors. When students have complaints about other students, they should contact the Office of Student Affairs at their campus.
Definitions
Workplace violence is any behavior that is violent, threatens violence, coerces, harasses, or intimidates others, interferes with an individual's legal rights of movement or expression, or disrupts the workplace, the academic environment, or the University's ability to provide services to the public. Examples of workplace violence include, but are not limited to:
Reporting of Incidents
Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the University community. Workplace violence should promptly be reported to the appropriate University official (see below). Additionally, faculty, staff, and students are encouraged to report behavior that they reasonably believe poses a potential for workplace violence as defined above. It is important that all members of the University community take this responsibility seriously to effectively maintain a safe working and learning environment.
Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call the Campus Public Safety Office immediately, or call 911.
Any person who is the subject of a suspected violation of this policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to their respective Campus Public Safety Office. Students should report such incidents to the Office of Student Affairs at their campus or in lieu thereof, their campus Public Safety Office. The Campus Public Safety Office will work with the Office of Human Resources and the supervisor or the Office of Student Affairs on an appropriate response.
All individuals who believe a crime has been committed against them have the right, and are encouraged, to report the incident to the appropriate law enforcement agency.
Members of the University community who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to civil authorities as appropriate.
The University will report incidents of workplace violence consistent with the College Policies for Incident Reporting Under the Campus Security Policy and Statistical Act (Cleary Act).
Responsibilities
The President of each constituent college of the City University of New York, the Chief Operating Officer at the Central Office, and the Deans of the Law School and the Sophie Davis School of Biomedical Education shall be responsible for the implementation of this policy on his or her respective campus. The responsibility includes dissemination of this policy to all members of the college community, ensuring appropriate investigation and follow-up of all alleged incidents of workplace violence, constituting a Workplace Violence Advisory Team (See #7 below), and ensuring that all administrators, managers, and supervisors are aware of their responsibilities under this policy through internal communications and training.
The Campus Public Safety Office is responsible for responding to, intervening, and documenting all incidents of violence in the workplace. The Campus Public Safety Office will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee, or notify the appropriate campus official of an incident with a student. All officers should be knowledgeable of when law enforcement action may be appropriate. Public Safety will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President (at the same time as the report noted below), detailing the number and description of workplace violence incidents, the disposition of the incidents, and recommend policy, training issues, or security procedures that were or should be implemented to maintain a safe working and learning environment. These incidents will be reported in the Annual Report of the College Advisory Committee on Campus Security consistent with the reporting requirements of Article 129A Subsection 6450 of the N.Y.S. Education Law (Regulation by Colleges of Conduct on Campuses and Other College Property for Educational Purposes).
Officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.
Officers will work closely with Human Resources when the possibility of workplace violence is heightened, as well as on the appropriate response to workplace violence incidents consistent with CUNY policies, rules, procedures, and applicable labor agreements, including appropriate disciplinary action up to and including termination.
When informed, Public Safety will maintain a record of any Orders of Protection for faculty, staff, and students. Public Safety will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available. Such services are to be extended at the discretion of the Campus Public Safety Director or designee. Only the President, or designee, in his/her absence, can authorize escort service outside of the geographical confines of the college.
Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter "supervisor") is responsible within his/her area of jurisdiction for the implementation of this policy. Supervisors must report to their respective Campus Public Safety Office any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the Campus Public Safety Director and immediate supervisor, the supervisor should keep it confidential and not disclose it further, except as necessary during the investigation process and/or subsequent proceedings.
Supervisors are required to contact the Campus Public Safety Office immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
Faculty and staff must report workplace violence, as defined above, to their supervisor. Faculty and staff who are advised by a student that a workplace violence incident has occurred or has been observed must report this to the Campus Public Safety Director immediately. Recurring or persistent workplace violence that an employee reasonably believes is not being addressed satisfactorily, or violence that is, or has been, engaged in by the employee's supervisor, should be brought to the attention of the Campus Public Safety Director.
Employees who have obtained Orders of Protection are expected to notify their supervisors and the Campus Public Safety Office of any orders that list CUNY locations as protected areas.
Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, or the Campus Public Safety Office. Confidentiality will be maintained to the extent possible.
Upon hiring, and annually thereafter, faculty and staff will receive copies of this policy. Additionally, the policy will be posted throughout the campus and be placed on the CUNY website and on the college's website, as appropriate.
The Office of Human Resources at each campus is responsible for assisting the Campus Public Safety Director and supervisors in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; notifying the Campus Public Safety Office of workplace violence incidents reported to that office; and consulting with, as necessary, counseling services to secure professional intervention.
The Office of Human Resources is responsible for providing new employees or employees transferred to the campus with a copy of the Workplace Violence Policy and Procedures and insuring that faculty and staff receive appropriate training. The Office of Human Resources will also be responsible for annually disseminating this policy to all faculty and staff at their campus, as well as posting the policy throughout the campus and on the college's website, as appropriate.
Students who witness violence, learn of threats, or are victims of violence by employees, students, or others should report the incident immediately to the Campus Public Safety Office. If there is no imminent danger, students should report threatening incidents by employees, students, or others as soon as possible to the Campus Public Safety Office or Office of Student Affairs. Students will be provided with workplace violence awareness information (including information regarding available counseling services) upon registration each year.
A college president shall establish a Workplace Violence Advisory Team at his/her college. This Team, working with the College Advisory Committee on Campus Security, will assist the president in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; assessing the potential problem of workplace violence at its site; assessing the college's readiness for dealing with workplace violence; evaluating incidents to prevent future occurrences; and utilizing prevention, intervention, and interviewing techniques in responding to workplace violence. This Team will also develop workplace violence prevention tools (such as pamphlets, guidelines, and handbooks) to further assist in recognizing and preventing workplace violence on campus. It is recommended that this Team include representatives from Campus Public Safety, Human Resources, Labor Relations, Counseling Services, Occupational Health and Safety, Legal, and others, including faculty, staff, and students, as deemed appropriate by the president.
In lieu of establishing the Workplace Violence Advisory Team, a president may opt to expand the College Advisory Committee on Campus Security with representatives from the areas recommended above to address workplace violence issues at the campus and perform the functions outlined above.
All communications to the University community and outside entities regarding incidents of workplace violence will be made through the University Office of University Relations after consultation with the respective President or his/her designee.
Education
Colleges are responsible for the dissemination and enforcement of this policy as described herein, as well as for providing opportunities for training in the prevention and awareness of workplace violence. The Office of Faculty and Staff Relations will provide assistance to the campuses in identifying available training opportunities, as well as other resources and tools (such as reference materials detailing workplace violence warning signs), that can be incorporated into campus prevention materials for dissemination to the college community. Additionally, the Office of Faculty & Staff Relations will offer periodic training opportunities to supplement the college's training programs.
Confidentiality
The University shall maintain the confidentiality of investigations of workplace violence to the extent possible. The University will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and well-being of members of the University community would be served by such action.
Retaliation
Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.
The College Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the U.S. Department of Education, as well as the annual campus security report. The campus security report includes:
The campus crime statistics and the annual campus security report are available at the Reference Desk of the library and the College website at www.lehman.edu. If you wish to be mailed copies of the campus crime statistics and the annual campus security report, contact Alicia Cruz, assistant director of public safety, at 718-960-8593, and copies will be mailed to you within 10 days. The U.S. Department of Education's website address for campus crime statistics is: www.ed.gov/security/InstDetail.asp (then input the name of the school).
In accordance with the federal Campus Sex Crimes Prevention Act, registered sex offenders now are required to register the name and address of any college at which he or she is a student or employee. The New York State Division of Criminal Justice maintains a registry of convicted sex offenders and informs the college's chief security (public safety) officer of the presence on campus of a registered sex offender as a student or employee. You may contact Alicia Cruz, assistant director of public safety, in Room 109 of the APEX (718-960-8593) to obtain information about Level 2 or Level 3 registered sex offenders on campus. To obtain information about Level 3 offenders, visit the Division's registry website at www.criminaljustice.state.ny.us/nsor/sor_about.htm and then click on "Search for Level 3 Sex Offenders" or access the directory at the College's public safety department or police precinct. To obtain information about Level 2 offenders, contact the public safety department, the local police precinct in which the offender resides or attends college, or the Division's sex offender registry at 800-262-3257.
Lehman College files an annual report with the U.S. Secretary of Education on intercollegiate athletics that includes information on the participation of males and females on its teams, and the expenditures and revenues of those teams. Copies of the annual report on intercollegiate athletics are available at the reference desk of the Library.