Rules, Regulations and Policies
In June 2011, the CUNY Board of Trustees adopted a revised policy on Academic Integrity. The initial policy, adopted in June 2004, is enhanced through this provision which provides definitions and examples of various forms of academic dishonesty, and outlines as well, a framework, with some options, for procedures that each College should implement.
The revised policy reflects evolving legal requirements and provides broader due process protections to students who deny the allegations of academic dishonesty where academic but not disciplinary sanctions are sought. The revised policy continues the practice of having Article XV Committees hear cases involving disciplinary sanctions.
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:.
- Copying from another student during an examination or allowing another to copy your work.
- Unauthorized collaboration on a take home assignment or examination.
- Using notes during a closed book examination.
- Taking an examination for another student, or asking or allowing another student to take an examination for you.
- Changing a graded exam and returning it for more credit.
Submitting substantial portions of the same paper to more than one course without consulting with each instructor.
- Preparing answers or writing notes in a blue book (exam booklet) before an examination.
Allowing others to research and write assigned papers or do assigned projects, including use of commercial term paper services.
- Giving assistance to acts of academic misconduct/ dishonesty.
- Fabricating data (all or in part).
- Submitting someone else's work as your own.
- Unauthorized use during an examination of any electronic devices such as cell phones, palm pilots, computers or other technologies to retrieve or send information.
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 this an exhaustive list:
- Copying another person's actual words without the use of quotation marks and footnotes attributing the words to their source..
- Presenting another person's ideas or theories in your own words without acknowledging the source.
- Using information that is not common knowledge without acknowledging the source.
- Failing to acknowledge collaborators on homework and laboratory assignments.
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 is this an exhaustive list:
- Stealing, reproducing, circulating or otherwise gaining advance access to examination materials.
- Depriving other students of access to library materials by stealing, destroying, defacing, or concealing them.
- Retaining, using or circulating examination materials which clearly indicate that they should be returned at the end of the exam.
- Intentionally obstructing or interfering with another student's work.
Falsification of Records and Official Documents
The following are some examples of falsification, but by no means is this an exhaustive list:
- Forging signatures of authorization.
- Falsifying information on an official academic record.
- Falsifying information on an official document such as a grade report, letter of permission, drop/add form, ID card or other college document.
York College is an Equal Opportunity and Affirmative Action institution in its educational programs and personnel principles. The College does not discriminate on the basis of race, color, creed, national or ethnic origin, ancestry, religion, age, gender, sexual orientation, gender identity, disability, genetic predisposition or carrier status, alien status or citizenship, veteran or marital status, or status as a victim of domestic violence in its student admissions, employment, access to programs, and administration of educational policies. The College follows the laws and mandates of the Federal Government as articulate by Executive Order #11246, and as amended by the Chancellor of The City University of New York on 12/9/76, to include Italian Americans.
The City University of New York Policies and Procedures on Equal Opportunity, Non-Discrimination and Against Sexual Harassment
With respect to allegations of sexual harassment of students (including students who are employees), 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: (1) submission to such conduct is sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing; (2) submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or (3) such conduct 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. The policy provides examples of sexual harassment which include "quid pro quo harassment" where a person's negative response to a request for sexual favors is used as a basis for an academic or employment decisions. 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.
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 City University of New York community and any person for whom he/she has a professional responsibility (including performing functions such as teaching, counseling, grading, advising, evaluating, hiring, supervising, or making decisions or recommendations that confer benefits such as promotions, financial aid or awards, or other remuneration, or that may impact upon other academic or employment opportunities). While these will not be interpreted to interfere with academic freedom, such relationships are strongly discouraged. If you wish to view the Policies and Procedures on Equal Opportunity, Non-Discrimination and Sexual Harassment in its entirety, please visit the York College Office of Compliance Programs and Legal Affairs website.
- Olga Dais, Esq. is the York College Executive Director of Compliance Programs and Legal Affairs (CPLA) and coordinator for policies involving discrimination of any kind. Her office is located in Room AC-2H05 and her telephone number is (718) 262-2140.
- Ms. Jessica Cherry and Ms. Gail Marshall are the Co-Coordinators for Title IX, which prohibits sex discrimination in federally assisted education programs. The Title IX Coordinators are responsible for investigating complaints of discrimination or denial of benefits based on sex in any educational program or activity. Olga Dais, Esq. has been appointed to hear any appeals involving Title IX complaints. Ms. Cherry's office is located in Room HP-212 and her telephone number is (718) 262-5115. Ms. Marshall's office is located in Room AC-2H05 and her telephone number is (718) 262-2141. Ms. Dais' office is located in Room AC-2H05 and her telephone number is (718) 262-2140. In the event you are unable to get in contact with Ms. Cherry or Ms. Marshall, please contact Dawn Smallwood, Acting Director of Public Safety. Ms. Smallwood's office is located in Room AC-1M02 and his telephone number is (718) 262-2218.
- Olga Dais, Esq. and Paola Veras, LMSW are the Coordinators for the York College 504/ADA Committee. This committee is responsible for supporting the office of CPLA in coordinating policies which fall under the Americans with Disabilities Act of 1990, effective January 26, 1992, and Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), which prohibits discrimination on the basis of disability. Ms. Dais' office is located in Room AC-2H05 and her telephone number is (718) 262-2140. Ms. Veras' is located in Room AC-1G02 and her telephone number is (718) 262-2073.
- Olga Dais, Esq. is the Coordinator of the Sexual Harassment Awareness and Intake Committee. Ms. Brunilda Almodovar, Prof. Lindamichelle Baron, and Prof. Farley Mawyer are Deputy Coordinators of this Committee which has the responsibility to receive, review, and investigate complaints of sexual harassment and educate all employees and students about sexual harassment. Ms. Dais' office is located in Room AC-2H05 and her telephone number is (718) 262-2140. Ms. Almodovar's office is located in Room AC-4DA1, and her telephone number is (718) 262-2347. Prof. Baron's office is located in AC-1D05, and her telephone number is (718) 262-2938. Prof. Mawyer's office is located in Room AC-2C07, and his telephone number is (718) 262-2939.
- Olga Dais, Esq. and Dean Alfred Ntoko are the Chairs of the Faculty Diversity Committee. This committee is responsible for the design and implementation of the Faculty Diversity Strategic Plan. It will also advise the President on issues of diversity and report annually to the University Office of Recruitment and Diversity on the work of the committee and the progress made toward fostering diversity throughout the College. Ms. Dais' office is located in Room AC-2H05 and her telephone number is (718) 262-2140. Dean Ntoko's office is located in Room AC-2B06, and his telephone number is (718) 262-2517.
Religious Holidays and Observance
New York State Education Law, Article 5, Selection 2-a. Students unable because of religious beliefs to register to attend classes on certain days:
- No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that he or she is unable, because of his or her religious beliefs, to register or attend classes or to participate in any examination, study or work requirements on a particular day or days.
- Any student in an institution of higher education who is unable, because of his or her religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.
- It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school, because of his or her religious beliefs, an equivalent opportunity to register for classes or make up any examination, study or work requirements which he or she may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.
- If registration, classes, examinations, study or work requirements are held on Friday after four o'clock post meridian or on Saturday, similar or make up classes, examinations, study or work requirements or opportunity to register shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study or work requirements or registration held on other days.
- In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of his or her availing himself or herself of the provisions of this section.
- Any student who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this section, shall be entitled to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of his or her rights under this section.
- It shall be the responsibility of the administrative officials of each institution of higher education to give written notice to students of their rights under this section, informing them that each student who is absent from school, because of his or her religious beliefs, must be given an equivalent opportunity to register for classes or make up any examination, study or work requirements which he or she may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to such student such equivalent opportunity.
- As used in this section, the term "institution of higher education" shall mean any institution of higher education recognized and approved by the regents of the University of the State of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. Such term shall not include any institution which is operated, supervised or controlled by a church or by a religious or denominational organization whose educational programs are principally designed for the purpose of training ministers or other religious functionaries or for the purpose of propagating religious doctrines. As used in this section, the term "religious belief" shall mean beliefs associated with any corporation organized and operated exclusively for religious purposes, which is not disqualified for tax exemption under section 501 of the United States Code.
Rules And Regulations For The Maintenance Of Public Order Pursuant To Article 129-A Of The Education Law
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 freedom: 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 nourish 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 By-laws of the Board of Higher Education.
With respect to enforcement of these rules and regulations we note that the By-laws of the Board of Higher Education provide that:
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 jurisdiction;
- Be the advisor and executive agent of the Board and of his 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 the several faculties;
- Exercise general superintendence over the concerns, officers, employees, and students of his educational unit.
- A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall 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.
- 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 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 the 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 possession a rifle, shotgun, or firearm or knowingly have in his 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 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/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.
- 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, expulsions, ejection, and/or arrest by the civil authorities.
- 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 By-laws of CUNY 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 By-laws or written policies of CUNY.
- 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.
- Admonition: An oral statement to the offender that he has violated university rules.
- 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.
- 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.
- 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.
- Suspension: Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
- 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.
- Complaint to Civil Authorities.
Important Notice of Possible Changes
CUNY reserves the right, because of changing conditions, to make modifications of any nature in the academic programs and requirements of the University and its constituent colleges without notice. Tuition and fees set forth in this publication (or on this website) are similarly subject to change by the Board of Trustees of CUNY. The University regrets any inconvenience this may cause.
FERPA Annual Notice to Students: Access to Student Records
Annually, Colleges inform students of the Family Educational Rights and Privacy Act of 1974, (FERPA) as amended. The Office of the Registrar will disclose FERPA information by publishing a notice in the College Catalog, Registrar Website and in other appropriate locations. This annual notice shall prescribe the procedures whereby a student may make a formal request for non-disclosure of directory information, exercise the right to inspect and review education records, request an amendment of education records and obtain a copy of the College's education records policy. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. See Section "6" below on your right to prevent the disclosure of directory information. The FERPA rights of students are:
- The right to inspect and review your education records.
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 45 days of receipt. If the request is granted, you 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, you may appeal to the college's FERPA appeals officer. Additional information regarding the appeal procedures will be provided to you if a request is denied. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for students to review the records. Schools may charge a fee for copies.
- The right to request the amendment of the student's education records that the student believes are inaccurate or misleading.
You may ask the college to amend a record that you believe is inaccurate or misleading. You should write to the college official responsible for the record, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the college decides not to amend the record as requested by you, the college will notify you of the decision and advise you of your right to a hearing before the college's FERPA appeals officer regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of your right to a hearing.
- The right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to college officials with legitimate educational interests. A college 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 college official in performing his or her tasks. A college 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 college or school in which a student seeks or intends to enroll.
- You may appeal the alleged denial of FERPA rights to the:
Office of the General Counsel and Senior Vice Chancellor for Legal Affairs
The City University of New York
205 East 42nd Street, 11th Floor
New York, NY 10017
- 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 name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW Washington, D.C. 20202-5920
For additional information: www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
- Colleges will make the following "directory information" concerning current and former students available to those parties having a legitimate interest in the information:name
- attendance dates (periods of enrollment)
- telephone number
- date and place of birth photograph
- email address
- full- or part-time status
- enrollment status (undergraduate, graduate, etc.)
- level of education (credits) completed major field of study
- degree enrolled for
- participation in officially recognized activities and sports
- height and weight of athletic team
Student Folders: Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)
Student access to their own folders is governed by the Family Educational Rights and Privacy Act of 1974 (Buckley Amendment). This law gives students the right to inspect their educational records within 45 days of the student's request to do so. An educational record is defined as records, files, documents and other materials which contain information directly related to a student, and are maintained by a college or a person acting for the college. However, certain materials are not open for inspection. These include financial information furnished by the student's parents, and confidential letters of evaluation which were placed in the records before Jan. 1, 1975. The student can waive his right of access to letters received after Jan. 1, 1975, if the letters are concerned with admission, employment or honors, and if the student is told on his report the names of all letter writers.
Students also do not have access to records made by teachers and administrators for their own use and not shown to others, employment records for college employees who are not also current students, and records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in such capacity for treatment purposes, and which are available only to persons providing such treatment.
A student may request to see his educational record, and the institution must respond within 45 days. A student can challenge the contents of his educational record, and secure the correction of inaccurate or misleading entries. A student can challenge a grade only on the grounds that it was inaccurately recorded, not that it was lower than the instructor ought to have awarded.
Notification of Student Immunization Requirements
Students who do not submit proof of measles, mumps and rubella (MMR) 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, you should contact the Health Services Center located at AC-1F01 at the following phone number 718.262.2050.
Public Health Law 2165 requires that post-secondary students be immunized against measles, mumps, and rubella (MMR). 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 MMR immunization.
Students may be exempt from the required MMR 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 post-secondary 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.
Freedom of Information Law Notice
Requests to inspect public records at the college should be made to the Records Access Officer, Olga Dais, Esq., Executive Director of Compliance Programs and Legal Affairs, Room AC-2H05.
Public records are available for inspection and copying by appointment only at the library. 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 the college website.
Special Provisions For Students In The Military
The following policies apply to students who leave CUNY to fulfill military obligations.
- Students called up to the reserves or drafted before the end of the semester.
- Grades. In order to obtain a grade, a student must attend 13 weeks (five weeks for summer session).
- Refunds. A student called up to the reserves or drafted who does not attend for a sufficient time to qualify for a grade is entitled to a 100% refund of tuition and all other fees except application fees.
- Students who volunteer (enlist) for the military.
- Grades. Same provision as for students called up to the reserves. In order to obtain a grade, a student must attend 13 weeks (five weeks for summer session).
- Refunds. The amount of the refund depends upon whether the withdrawal is before the 5th week of classes.
- Withdrawal before beginning of the 5th calendar week (3rd calendar week for summer session): 100% refund of tuition and all other fees except application fees.
- Withdrawal thereafter: 50% refund. [A proportionate number of weeks may be used for Kingsborough Community College and LaGuardia Community College for each of the above provisions.]
- Other Provisions for Military Service:
- Resident Tuition Rates. These lower rates are applicable to all members of the armed services, their spouses and their dependent children, on full-time active duty and stationed in the State of New York.
- Re-enrollment of Veterans. Veterans who are returning students are given preferred treatment in the following ways:
- Veterans who were former students with unsatisfactory scholastic records may be readmitted with a probationary program.
- Veterans, upon their return, may register even after normal registration periods, without late fees.
- Granting of college credit for military service and armed forces instructional courses.
- Veterans returning too late to register may audit classes without charge.
- Late Admissions. Veterans with no previous college experience are permitted to file applications up to the date of registration, and are allowed to begin classes pending completion of their application and provision of supporting documents.
- Readmission Fee. Upon return from military service, a student will not be charged a Readmission Fee to register at the same college.
- Veterans Tuition Deferrals. Veterans are entitled to defer the payment of tuition pending receipt of veterans' benefits.
- New York National Guard Tuition Waivers. Active members of the New York National Guard, who are legal residents of New York State and who do not have a baccalaureate degree, are eligible for a tuition waiver for undergraduate study.
CUNY - Policy On Withholding Student Records
Students who are delinquent and/or in default in any of their financial accounts with the college, the university or an appropriate state or federal agency for which the university acts as either a disturbing or certifying agent, and students who have not completed exit interviews as required by the federal
Perkins Loan Program, the federal Family Education Loan Programs, the William D. Ford Federal Direct Loan Program, and the Nursing Student Loan Program, are not to be permitted to complete registration, or issued a copy of their grades, a transcript of academic record, certificate, or degree, nor are they to receive funds under the federal campus-based student assistance programs or the federal Pell Grant Program unless the designated officer, in exceptional hardship cases and consistent with federal and state regulations, waives in writing the application of this regulation.
CUNY Policy on Acceptable Use of Computer Resources
Please see the link to the CUNY computer user responsibilities on the York College website.
Notice of Access to Campus Crime Statistics, The Campus Security Report, and Information on Registered Sex Offenders
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 for the most recent calendar year and the two preceding calendar years;
- campus policies regarding procedures and facilities to report criminal actions or other emergencies on campus;
- policies concerning the security of and access to campus facilities;
- policies on campus law enforcement;
- a description of campus programs to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others;
- campus crime prevention programs;
- policy concerning the monitoring through the police of criminal activity at off-campus locations of students organizations officially recognized by the college;
- policies on illegal drugs, alcohol, and underage drinking;
- where information provided by the State on registered sex offenders may be obtained (also see below); and
- policies on campus sexual assault programs aimed at the prevention of sex offenses and procedures to be followed when a sex offense occurs. This information is maintained pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
The campus crime statistics and the annual campus security report are available at the Office of Public Safety. If you wish to be mailed copies of the campus crime statistics and the annual campus security report, you should contact the York College Director of Public Safety at 718-262-2222 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 the York College Director of Public Safety at 718-262-2222 to obtain information about Level 2 or Level 3 registered sex offenders on campus. To obtain information about Level 3 offenders, you may contact the Division's registry website 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, you need to contact the public safety department, local police precinct in which the offender resides or attends college, or the Division's sex offender registry at 800-262-3257.
The City University of New York ("CUNY") is an institution committed to promoting the physical, intellectual, and social development of all individuals. As such, CUNY seeks to prevent the abuse of drugs and alcohol, which can adversely impact performance and threaten the health and safety of students, employees, their families, and the general public. CUNY complies with all federal, state, and local laws concerning the unlawful possession, use, and distribution of drugs and alcohol. Federal law requires that CUNY adopt and implement a program to prevent the use of illicit drugs and abuse of alcohol by students and employees. As part of its program, CUNY has adopted this policy, which sets forth (1) the standards of conduct that students and employees are expected to follow; (2) CUNY sanctions for the violation of this policy; and (3) responsibilities of the CUNY colleges/units in enforcing this policy. CUNY's policy also (1) sets forth the procedures for disseminating the policy, as well as information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and available counseling, treatment, or rehabilitation programs, to students and employees; and (2) requires each college to conduct a biennial review of drug and alcohol use and prevention on its campus. This policy applies to all CUNY students, employees and visitors when they are on CUNY property, including CUNY residence halls, as well as when they are engaged in any CUNY-sponsored activities off campus.
CUNY Standards of Conduct
The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by anyone, on CUNY property (including CUNY residence halls), in CUNY buses or vans, or at CUNY-sponsored activities, is prohibited. In addition, CUNY employees are prohibited from illegally providing drugs or alcohol to CUNY students. Finally, no student may possess or consume alcoholic beverages in any CUNY residence hall, regardless of whether the student is of lawful age, except for students living in the Graduate School and University Center's graduate housing facilities who may lawfully possess and consume alcoholic beverages. For purposes of this policy, a CUNY residence hall means a residence hall owned and/or operated by CUNY, or operated by a private management company on CUNY's behalf. In order to make informed choices about the use of drugs and alcohol, CUNY students and employees are expected to familiarize themselves with the information provided by CUNY about the physiological, psychological, and social consequences of substance abuse.
Employees and students who violate this policy are subject to sanctions under University policies, procedures and collective bargaining agreements, as described below. Employees and students should be aware that, in addition to these CUNY sanctions, the University will contact appropriate law enforcement agencies if they believe that a violation of the policy should also be treated as a criminal matter.
Students are expected to comply with the CUNY and college policies with respect to drugs and alcohol. Any student found in violation may be subject to disciplinary action under Article 15 of the Bylaws of the Board of Trustees, which may result in sanctions up to and including expulsion from the University. In addition, any student who resides in a CUNY residence hall and who is found to have violated any CUNY or college policy with respect to drugs and alcohol may be subject to sanctions under the CUNY Residence Hall Disciplinary Procedures, up to and including expulsion from the residence hall. In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the student must see a counselor or successfully participate in a drug and alcohol treatment program. In accordance with the Federal Educational Rights and Privacy Act ("FERPA"), CUNY may also choose--when appropriate--to contact parents or legal guardians of students who have violated the CUNY policy on drugs and alcohol.
Any employee found to have violated this CUNY policy may be subject to disciplinary action, in accordance with the procedures set forth in applicable CUNY policies, rules, regulations, and collective bargaining agreements. Sanctions may include a reprimand, suspension without pay, or termination of employment. In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the employee must successfully participate in a drug or alcohol treatment program.
Responsibilities of CUNY Colleges/Units
Each college or unit of the University should make its best efforts to educate employees and students about this policy and the risks associated with the unlawful possession, use, or distribution of illegal drugs and alcohol. The President of each college or unit may choose to ban alcohol at on-campus functions or at any particular function. This policy, together with information about the health risks of illegal drug and alcohol use, criminal sanctions for such use, and counseling, treatment, or rehabilitation programs available to employees or students, must be distributed annually to all employees and students. The Chief Student Affairs Officer shall be responsible for the distribution of this material to students, and the Director of Human Resources shall be responsible for the distribution of the material to employees. The Vice President for Administration, or person performing the equivalent function at each college or unit of CUNY, shall be responsible for conducting a biennial review to determine the effectiveness of CUNY's drug and alcohol program at its college or unit, and to ensure that sanctions for drug and alcohol violations are consistently enforced. Upon completion, the biennial review must be sent to the University's Executive Vice Chancellor and Chief Operating Officer. This biennial review must include the number of drug and alcohol-related violations and fatalities that occur on the college's campus or as part of the college's activities, as well as the number and type of sanctions imposed as a result of drug and alcohol-related violations and fatalities that occur at the college as part of its activities.
Athletic Program Participation Notice
The College files an annual report with the U.S. Secretary of Education on intercollegiate athletics which 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 and the college website.
Procedures for Handling Student Complaints
The University and its Colleges have a variety of procedures for dealing with student-related issues, including grade appeals, academic integrity violations, student discipline, disclosure of student records, student elections, sexual harassment complaints, disability accommodations, and discrimination. One area not generally covered by other procedures concerns student complaints about faculty conduct in the classroom or other formal academic settings. The University respects the academic freedom of the faculty and will not interfere with it as it relates to the content or style of teaching activities. Indeed, academic freedom is and should be of paramount importance. At the same time the University recognizes its responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom and are not covered by other procedures. Examples might include incompetent or inefficient service, neglect of duty, physical or mental incapacity and conduct unbecoming a member of the staff.
Determination of Appropriate Procedure
If students have any question about the applicable procedure to follow for a particular complaint, they should consult with the chief student affairs officer. In particular, the chief student affairs officer should advise a student if some other procedure is applicable to the type of complaint the student has.
- Informal Resolution
Students are encouraged to attempt to resolve complaints informally with the faculty member or to seek the assistance of the department chairperson or campus ombudsman to facilitate informal resolution.
- Formal Complaint
If the student does not pursue informal resolution, or if informal resolution is unsuccessful, the student may file a written complaint with the department chairperson or, if the chairperson is the subject of the complaint, with the academic dean or a senior faculty member designated by the college president. (This person will be referred to below as the Fact Finder.). Only students in a faculty member's class or present in another academic setting where the alleged conduct occurred may file complaints against that faculty member.
- The complaint shall be filed within 30 calendar days of the alleged conduct unless there is good cause shown for delay, including but not limited to delay caused by an attempt at informal resolution. The complaint shall be as specific as possible in describing the conduct complained of.
- The Fact Finder shall promptly send a copy to the faculty member about whom the complaint is made, along with a letter stating that the filing of the complaint does not imply that any wrongdoing has occurred and that a faculty member must not retaliate in any way against a student for having made a complaint. If either the student or the faculty member has reason to believe that the department chairperson may be biased or otherwise unable to deal with the complaint in a fair and objective manner, he or she may submit to the academic dean or the senior faculty member designated by the college president a written request stating the reasons for that belief; if the request appears to have merit, that person may, in his or her sole discretion, replace the department chairperson as the Fact Finder. The chairperson may also submit a written request for recusal for good cause to the academic dean or senior faculty member designated by the college president to review such requests. If a recusal request is granted, a different department chairperson shall conduct the investigation, or, if no other chairperson is available, an administrator designated by the college president shall serve in the chairperson's stead. Further, the college president may re-assign investigations as necessary, including but not limited to situations in which a Fact Finder has not completed an investigation in a timely manner. In addition, during any time that no department chairperson is available to investigate a complaint, the college president may assign an administrator to investigate.
- The Fact Finder shall meet with the complaining student and faculty member, either separately or together, to discuss the complaint and to try to resolve it. The Fact Finder may seek the assistance of the campus ombudsman or other appropriate person to facilitate informal resolution.
- If resolution is not possible, and the Fact Finder concludes that the facts alleged by the student, taken as true and viewed in the light most favorable to the student, establish that the conduct complained of is clearly protected by academic freedom, he or she shall issue a written report dismissing the complaint and setting forth the reasons for dismissal and send a copy to the complaining student, the faculty member, the chief academic officer and the chief student affairs officer. Otherwise, the Fact Finder shall conduct an investigation. The Fact Finder shall separately interview the complaining student, the faculty member and other persons with relevant knowledge and information and shall also consult with the appropriate school dean or chief student affairs officer and, if appropriate, the college's attorney. The Fact Finder shall not reveal the identity of the complaining student and the faculty member to others except to the extent necessary to conduct the investigation. If the Fact Finder believes it would be helpful, he or she may meet again with the student and faculty member after completing the investigation in an effort to resolve the matter. The complaining student and the faculty member shall have the right to have a representative (including a union representative, student government representative or attorney) present during the initial meeting, the interview and any post-investigation meeting.
- In cases where there is strong preliminary evidence that a student's complaint is meritorious and that the student may suffer immediate and irreparable harm, the Fact Finder may provide appropriate interim relief to the complaining student pending the completion of the investigation. The affected faculty member may appeal such interim relief to the chief academic officer.
- At the end of the investigation, the Fact Finder shall issue a written report setting forth his or her findings and recommendations, with particular focus on whether the conduct in question is protected by academic freedom, and send a copy to the complaining student, the faculty member, the chief academic officer (and/or the appropriate school dean) and the chief student affairs officer. In ordinary cases, it is expected that the investigation and written report should be completed within 30 calendar days of the date the complaint was filed.
If either the student or the faculty member is not satisfied with the report of the Fact Finder, the student or faculty member may file a written appeal to the chief academic officer within 10 calendar days of receiving the report, which time period may be extended for good cause shown. The chief academic officer shall convene and serve as the chairperson of an Appeals Committee, which shall also include the chief student affairs officer, two faculty members elected annually by the faculty council or senate and one student elected annually by the student senate. The Appeals Committee shall review the findings and recommendations of the report, with particular focus on whether the conduct in question is protected by academic freedom. The Appeals Committee shall not conduct a new factual investigation or overturn any factual findings contained in the report unless they are clearly erroneous. If the Appeals Committee decides to reverse the Fact Finder in a case where there has not been an investigation because the Fact Finder erroneously found that the alleged conduct was protected by academic freedom, it may remand to the Fact Finder for further proceedings. The committee shall issue a written decision within 20 calendar days of receiving the appeal. A copy of the decision shall be sent to the student, the faculty member, the department chairperson and the president.
Following the completion of these procedures, the appropriate college official shall decide the appropriate action, if any, to take. For example, the department chairperson may decide to place a report in the faculty member's personnel file or the president may bring disciplinary charges against the faculty member. Disciplinary charges may also be brought in extremely serious cases even though the college has not completed the entire investigative process described above; in that case, the bringing of disciplinary charges shall automatically suspend that process. Any action taken by a college, whether interim or final, must comply with the bylaws of the University and the collective bargaining agreement between the University and the Professional Staff Congress.
Each campus shall implement these procedures and shall distribute them widely to administrators, faculty members and students and post them on the college website.
For the entire policy and procedure for handling student complaints about faculty conduct in formal academic settings and to get forms go to the York College CPLA website.
The City University Of New York Policy on Acceptable use of Computer Resources
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.
This policy applies to all Users of CUNY Computer Resources, as defined in Article III below.
This policy supersedes the CUNY policy titled "CUNY Computer User Responsibilities" and any college policies that are inconsistent with this policy.
- "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, desktop and laptop computers, handheld devices that allow or are capable of storing and transmitting information (e.g., cell phones, tablets), mainframes, minicomputers, servers, network facilities, databases, memory, memory sticks, and associated peripherals and software, and the applications they support, such as e-mail, cloud computing applications, 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.
- "Faculty" includes full-time, part-time, and adjunct faculty.
- "FOIL" is the New York State Freedom of Information Law.
- "Non-Public University Information" has the meaning set forth in CUNY's IT Security Policies and Procedures found at security.cuny.edu, namely: personally identifiable information (such as an individual's Social Security Number; driver's license number or non-driver identification card number; account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account; personal electronic mail address; Internet identification name or password; and parent's surname prior to marriage); information in student education records that is protected under the Family Educational Rights and Privacy Act of 1974 (FERPA) and the related regulations set forth in 34 CFR Part 99; other information relating to the administrative, business, and academic activities and operations of the University (including employee evaluations, employee home addresses and telephone numbers, and other employee records that should be treated confidentially); and any other information available in University files and systems that by its nature should be treated confidentially .
- "User" means a user of CUNY Computer Resources, including all current and former users, whether affiliated with CUNY or not, and whether accessing those resources on a CUNY campus or remotely.
Rules for use of CUNY Computer Resources
- Users may not access a CUNY Computer Resource without authorization or use it for purposes beyond the scope of authorization. This includes attempting to circumvent CUNY Computer Resource system protection facilities by hacking, cracking or similar activities, accessing or using another person's computer account, and allowing another person to access or use the User's account.
- Notwithstanding subsection 1.a. above, a User may authorize a colleague or clerical assistant to access information under the User's account on the User's behalf while away from a CUNY campus or when the User is unable to efficiently access the information on the User's own behalf (including as a result of a disability), but delegated access will be subject to the rules of Section 10 - Security, below.
- CUNY Computer Resources may not be used to gain unauthorized access to another computer system within or outside of CUNY. Users are responsible for all actions performed from their computer account that they permitted or failed to prevent by following ordinary security precautions. CUNY advisories and resources are available at security.cuny.edu.
- Use of CUNY Computer Resources is limited to activities relating to the performance by CUNY employees of their duties and responsibilities and by students in connection with their college courses and activities. For example, use of CUNY Computer Resources for private commercial or not-for-profit business purposes, for private advertising of products or services, or for any activity meant solely to foster personal gain, is prohibited. Similarly, use of CUNY Computer Resources for partisan political activity is also prohibited.
- Except with respect to CUNY employees other than faculty, where a supervisor has prohibited it in writing, incidental personal use of CUNY 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, including subsection 2.a. above. Users should be aware that personal messages, data and other information sent or received through a User's CUNY account or otherwise residing in a CUNY Computer Resource are subject to CUNY review pursuant to Section 13 of this policy and may also be subject to public disclosure pursuant to FOIL.
Compliance with Law.
- CUNY Computer Resources may not be used for any purpose or in any manner that violates CUNY rules, regulations or policies, or federal, state or local law. Users who engage in electronic communications with persons in other states or countries or on other systems or networks may also be subject to the laws of those other states and countries, and the rules and policies of those other systems and networks. Users are responsible for ascertaining, understanding, and complying with the laws, rules, policies, contracts, and licenses applicable to their particular use.
- Examples of applicable federal and state laws include those addressing defamation, invasion of privacy, obscenity and child pornography, and online gambling, as well as the following:
Computer Fraud and Abuse Act
Copyright Act of 1976
Electronic Communications Privacy Act
Export control regulations issued by the U.S. Departments of Commerce, State and Treasury
Family Educational Rights and Privacy Act
New York State Law with respect to the confidentiality of library records
- Examples of applicable CUNY rules and policies include those listed below. Other rules and policies may be found in the Manual of General Policy and on the CUNY Legal Affairs website:
Gramm-Leach-Bliley Information Security Program
IT Security Policies & Procedures
Policy on Maintenance of Public Order (the "Henderson Rules")!! Sexual Harassment Policy
University Policy on Academic Integrity !
Licenses and Intellectual Property.
- Users may use only legally obtained, licensed data or software and must comply with applicable licenses or other contracts, as well as copyright, trademark and other intellectual property laws.
- 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 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. Additional information regarding copyright and file sharing is available on the CUNY Legal Affairs website.
- False Identity and Harassment. Users may not employ a false identity, mask the identity of an account or computer, or use CUNY Computer Resources to engage in abuse of others, such as sending harassing, obscene, threatening, abusive, deceptive, or anonymous messages within or outside CUNY.
- Users may not invade the privacy of others by, among other things, viewing, copying, redistributing, posting such data to the Internet, modifying or destroying data or programs belonging to or containing personal or confidential information about others, without explicit permission to do so.
- CUNY employees must take precautions by following all IT Security Policies and Procedures to protect the confidentiality of Non-Public University Information encountered in the performance of their duties or otherwise.
- Integrity of Computer Resources. Users may not install, use or develop programs intended to infiltrate or damage a CUNY Computer Resource, or which could reasonably be expected to cause, directly or indirectly, excessive strain or theft of confidential data on any computing facility. This includes, but is not limited to, programs known as computer viruses, Trojan horses, and worms. Users should consult with the IT director at their college before installing any programs on CUNY Computer Resources that they are not sure are safe or may cause excess strain.
- CUNY Computer Resources must not be used in a manner that could reasonably be expected to cause or does cause, directly or indirectly, unwarranted or unsolicited interference with the activity of other users, including:
- chain letters, virus hoaxes or other e-mail transmissions that potentially disrupt normal e-mail service;
- spamming, junk mail or other unsolicited mail that is not related to CUNY business and is sent without a reasonable expectation that the recipient would welcome receiving it;
- the inclusion on e-mail lists of individuals who have not requested membership on the lists, other than the inclusion of members of the CUNY community on lists related to CUNY business; and
- downloading of large videos, films or similar media files for personal use.
- CUNY has the right to require Users to limit or refrain from other specific uses if, in the opinion of the IT director at the User's college, such use interferes with efficient operations of the system, subject to appeal to the President or, in the case of central office staff, to the Chancellor.
- CUNY Computer Resources must not be used in a manner that could reasonably be expected to cause or does cause, directly or indirectly, unwarranted or unsolicited interference with the activity of other users, including:
CUNY Names and Trademarks.
- CUNY names, trademarks and logos belong to the University and are protected by law. Users of CUNY Computer Resources may not state or imply that they speak on behalf of CUNY or use a CUNY name, trademark or logo without authorization to do so. Affiliation with CUNY does not, by itself, imply authorization to speak on behalf of CUNY.
- Notwithstanding subsection 9.a. above, CUNY employees and students may indicate their CUNY affiliation on e-mail, other correspondence, and in academic or professionally-related research, publications or professional appearances, so long as they do not state or imply that they are speaking on behalf of the University.
- CUNY employs various measures to protect the security of its computer resources and of Users' accounts. However, CUNY cannot guarantee such security. Users are responsible for engaging in safe computing practices such as guarding and not sharing their passwords, changing passwords regularly, logging out of systems at the end of use, and protecting Non-Public University Information, as well as for following CUNY's IT Security Policies and Procedures.
- Users must report incidents of non-compliance with IT Security Policies and Procedures or other security incidents to the University Chief Information Officer and Chief Information Security Officer, and the Chief Information Officer at the affected User's college.
- Filtering. CUNY reserves the right to install spam, anti-malware, and spyware filters and similar devices if necessary in the judgment of CUNY's Office of Information Technology or a college IT director to protect the security and integrity of CUNY Computer Resources. CUNY will not install filters that restrict access to e-mail, instant messaging, chat rooms or websites based solely on content, unless such content is illegal, such as child pornography sites.
- Confidential Research Information. Principal investigators and others who use CUNY Computer Resources to collect, examine, analyze, transmit or store 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 such confidential research information from unauthorized access or modification. In general, this means storing the information on a computer or auxiliary hard drive 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 and passwords must be used to protect Non-Public University Information, and is strongly recommended for information stored electronically on all computers, especially portable devices such as notebook computers, Personal Digital Assistants (PDAs), and portable data storage (e.g., auxiliary hard drives, 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. In addition, the steps taken to protect such confidential research information should be included in submissions to the CUNY Institutional Review Board reviewing the research protocol.
CUNY Access to Computer Resources.
- Copying. CUNY may copy a User's account and/or hard drive on a CUNY Computer Resource, without monitoring or inspecting the contents of such account and/or hard drive, at any time for preservation of data or evidence, without notice to the User.
- General Monitoring Practices. CUNY does not routinely monitor, inspect, or disclose individual usage of CUNY 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 IT 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 stored in any CUNY Computer Resource dedicated to their use will not be intruded upon by CUNY except as outlined in this policy.
- Monitoring without Notice.
- Categories. 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:
- when the User has voluntarily made them accessible to the public, as by posting to Usenet or a web page;
- when it is reasonably necessary to do so to protect the integrity, security, or functionality of CUNY or other computer resources, as determined by the college chief information officer or his or her designee, after consultation with CUNY's chief information officer or his or her designee;
- when it is reasonably necessary to diagnose and resolve technical problems involving system hardware, software, or communications, as determined by the college chief information officer or his or her designee, after consultation with CUNY's chief information officer or his or her designee;
- when it is reasonably necessary to determine whether CUNY may be vulnerable to liability, or when failure to act might result in significant bodily harm, significant property loss or damage, or loss of evidence, as determined by the college president or a vice president designated by the president or, in the case of the Central Office by the Chancellor or his or her designee, after consultation with the Office of General Counsel and the Chair of the University Faculty Senate (if a current CUNY faculty member's account or activity is involved) or Vice Chair if the Chair is unavailable;
- when there is a reasonable basis to believe that CUNY policy or federal, state or local law has been or is being violated, as determined by the college president or a vice president designated by the president or, in the case of the Central Office by the Chancellor or his or her designee, after consultation with the Office of General Counsel and the Chair of the University Faculty Senate (if a current CUNY faculty member's account or activity is involved) or Vice Chair if the Chair is unavailable;
- when an account appears to be engaged in unusual or unusually excessive activity, as indicated by the monitoring of general activity and usage patterns, as determined by the college president or a vice president designated by the president and the college chief information officer or his or her designee or, in the case of the Central Office by the Chancellor or his or her designee, after consultation with CUNY's chief information officer or his or her designee, the Office of General Counsel, and the Chair of the University Faculty Senate (if a current CUNY faculty member's account or activity is involved) or Vice Chair if the Chair is unavailable; or as otherwise required by law.
- Procedures. 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:
- 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; and
- the college president or the Chancellor, as the case may be, 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.
- Other Disclosure.
- 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 FOIL communications made by means of CUNY Computer Resources whether in conjunction with University business or as incidental personal use.
- 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.
- Annual Statement. 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.
- Categories. 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:
Waiver of Policy
- A CUNY employee or student may apply to the General Counsel for an exception or waiver from one or more of the provisions of this policy. Such application may be for a single use or for periodic or continuous uses, such as in connection with a course or program. Any application for a waiver should be made prior to using the CUNY Computer Resource for the purposes described in the application.
- The written waiver application must state:
- the policy provision or provisions for which the User is seeking a waiver;
- how the User plans to use CUNY Computer Resource to be covered by the waiver and the reasons why the User believes a waiver should be approved;
- if the waiver involves confidential research information, what steps will be taken to protect such information;
- the length of time for which the waiver is being requested; and
- if a student, how and by whom the student will be supervised.
- c. The General Counsel shall consult with the CUNY's chief information officer and the president of the applicant's college (or, if the applicant is a Central Office employee, the Chancellor) or their designees, prior to making a determination regarding the application.
- d. Users should be aware that CUNY cannot waive federal, state or local law; for example, the contents of CUNY Computer Resources (including confidential research information) may be subject to a valid subpoena regardless of the terms of any waiver.
- Violation of this policy may result in suspension or termination of an individual's right of access to CUNY Computer Resources, disciplinary action by appropriate CUNY authorities, referral to law enforcement authorities for criminal prosecution, or other legal action, including action to recover civil damages and penalties.
- 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.
- Additional Rules. Additional rules, policies, guidelines and/or restrictions may be in effect for specific computers, systems, or networks, or at specific computer facilities at the discretion of the directors of those facilities. Any such rules which potentially limit the privacy or confidentiality of electronic communications or information contained in or delivered by or over CUNY Computer Resources will be subject to the substantive and procedural safeguards provided by this policy.
- CUNY shall not be responsible for any damages, costs or other liabilities of any nature whatsoever with regard to the use of CUNY Computer Resources. This includes, but is not limited to, damages caused by unauthorized access to CUNY Computer Resources, data loss, or other damages resulting from delays, non- deliveries, or service interruptions, whether or not resulting from circumstances under the CUNY's control.
- 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.
Approved by the Board of Trustees on January 29, 2007, Cal. No. 4.D., with amendments approved on June 25, 2012, Cal. No. 5.A.