Henderson Rules of Public Order

The Board of Higher Education in compliance with Chapter 191 of the Laws of 1969 (Henderson Act) adopted the following rules and regulations for the maintenance of public order on college campuses and other college property used for educational purposes:

I. Rules

1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall s/he 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.
2. Individuals are liable for failure to comply with lawful directions issued by representatives of the university/college when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
3. Unauthorized occupancy of university/college facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation and use of university/college equipment and/or supplies.
4. Theft from or damage to university/college premises or property, or theft of or damage to property of any person on university/college premises is prohibited.
5. Each member of the academic community or an invited guest has the right to advocate his/her position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.
6. Action may be taken against any and all persons who have no legitimate 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.
7. Disorderly or indecent conduct on university/college-owned or -controlled property is prohibited.
8. No individual shall have in his/her possession a rifle, shotgun or firearm or knowingly have in his/her possession any other dangerous instrument or material which can be used and is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the university/college 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.
9. Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliations with any organization is prohibited.
10. 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/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.
11. The unlawful possession, use, or distribution of alcohol by students or employees on university/college premises or as part of any university/college activity is prohibited.

II. Penalties

1. 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 Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.
2. Any tenured or non-tenured faculty member, or other member of the instructional 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.
3. 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.
4. Any organization which authorizes 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.

Appendix – Sanctions Defined

1. Admonition. An oral statement to the offender that he/she has violated university rules.
2. 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 be cause for more severe disciplinary action.
3. Censure. Written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of a conviction for the violation of any university regulations within a period stated in the letter of reprimand.
4. 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.
5. Restitution. Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
6. Suspension. Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
7. Expulsion. Termination of student status for an indefinite period. The conditions of readmission, if any are permitted, shall be stated in the order of expulsion.
8. Complaint to Civil Authorities.
9. Ejection.
10. Encumbrance. A student’s records are encumbered when he/she has an outstanding financial obligation to the college. Transcripts, diplomas and other records will not be released to the student, to employers or to other schools, and the student may not register for subsequent semesters until the obligation is discharged. A student may also be encumbered for infractions of the rules and regulations.