A. Nondiscrimination Statement

York College is committed to Equal Opportunity and Affirmative Action in its educational programs and personnel practices. The College follows the laws and mandates of the Federal Government as articulated by Executive Order #11246, and amended by the Chancellor of CUNY on 12/9/76, to include Italian Americans.

York College supports a policy of nondiscrimination. The College recruits, employs, retains and promotes employees without regard to race, color, national or ethnic origin, religion, age, sex, sexual orientation, transgender orientation, disability, genetic predisposition or carrier status, alienage or citizenship, veteran or marital status in its student admissions, employment, access to programs and administration of educational policies.

York College is committed to engaging and involving the entire College community in understanding and being knowledgable about the Affirmative Action Program. Copies of the Affirmative Action Plan are available in the York College Library and an executive summary is available on the CPLA webpage and in each Vice President’s office.

Olga Dais, Esq. is the 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.

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 the Deputy Coordinators. Dr. Dais's office is located in Room AC-2H05 and her telephone number is (718) 262-2140. Ms. Almodovar's office is located in Room 4D-01 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. is the Coordinator of the 504/ADA Committee and her office is located in Room AC-2H05 and her telephone number is (718) 262-2140.

Olga Dais, Esq; Prof. Charles Coleman and Prof. Eva Vasquez are the Coordinators of the Pluralism and Diversity Committee (formerly three separate committees: Affirmative Action, Pluralism and Diversity, and Title IX), which has the responsibility of supporting the office of CPLA in maintaining the diversity of the College Community. Prof. Coleman’s office is located in Room AC-2B10 and his telephone number is (718) 262-2525. Prof. Vasquez’s office is located in Room AC-3C10 and her telephone number is (718) 262-2437.

B. New York State Education Law, Article 5

S 224-a. Students unable because of religious beliefs to register or attend classes on certain days.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

C. 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 The president, with respect to his education unit, shall:

1. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction;
2. 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;
3. Exercise general superintendence over the concerns, officers, employees, and students of his educational unit.

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 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 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 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.
7. Disorderly or indecent conduct on University/college owned or controlled property is prohibited.
8. 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.
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 affiliation 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 activities is prohibited.

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 attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsions, 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 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.
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 authorized the conduct prohibited under substantive rules 1-11 shall have its permission to operate on campus rescinded.

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

Appendix

Sanctions Defined:

A. Admonition.

An oral statement to the offender that he has violated university rules.

B. Warning.

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

C. Censure.

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

D. Disciplinary Probation.

Exclusion from participation in privileges or extracurricular University activities as set forth in the notice of disciplinary probation for a specified period of time.

E. Restitution.

Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

F. Suspension.

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

G. Expulsion.

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

H. Complaint to Civil Authorities.

I. Ejection.

D. 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.

E. Notification Under FERPA of Student Rights Concerning Education Records and Directory Information

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:

1. 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.

2. 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.

3. 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.

4. You may appeal the alleged denial of FERPA rights to the:

General Counsel and Vice Chancellor for Legal Affairs
CUNY
535 East 80th Street
New York, NY 10021.

5. 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
600 Independence Avenue, SW
Washington, D.C. 20202-4605.

6. The college 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), address, telephone number, date and place of birth, photograph, e-mail 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 members, previous school attended, and degrees, honors and awards received. By filing a form with the Registrar’s Office, you may request that any or all of this directory information not be released without your prior written consent.

This form is available in the Registrar’s Office and may be filed, withdrawn, or modified at any time.

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.

F. 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.

G. 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.

H. Special Provisions For Students In The Military

The following policies apply to students who leave CUNY to fulfill military obligations.

I. Students called up to the reserves or drafted before the end of the semester.

A. Grades. In order to obtain a grade, a student must attend 13 weeks (five weeks for summer session).

B. 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.

II. Students who volunteer (enlist) for the military.

A. 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).

B. Refunds. The amount of the refund depends upon whether the withdrawal is before the 5th week of classes.

1. 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.

2. 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.]

III. Other Provisions for Military Service:

A. 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.

B. Re-enrollment of Veterans. Veterans who are returning students are given preferred treatment in the following ways:

1. Veterans who were former students with unsatisfactory scholastic records may be readmitted with a probationary program.

2. Veterans, upon their return, may register even after normal registration periods, without late fees.

3. Granting of college credit for military service and armed forces instructional courses.

4. Veterans returning too late to register may audit classes without charge.

C. 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.

D. Readmission Fee. Upon return from military service, a student will not be charged a Readmission Fee to register at the same college.

E. Veterans Tuition Deferrals. Veterans are entitled to defer the payment of tuition pending receipt of veterans’ benefits.

F. 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.

I. 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.

J. Academic Integrity

Successful teaching and learning depend on trust in the integrity of all involved. York’s Academic Integrity Policy and Procedures, developed to conform to the CUNY policy on Academic Integrity, outline College practices for (1) promoting academic integrity at the College; and (2) dealing with violations of academic integrity. The full Academic Integrity Policy and Procedures document is posted on the York College website at http://york.cuny.edu/Academic-Integrity

K. Computer User Responsibilities

Please see the link to the CUNY computer user responsibilities on the York College website.

L. 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:

1. the campus crime statistics for the most recent calendar year and the two preceding calendar years;
   
2. campus policies regarding procedures and facilities to report criminal actions or other emergencies on campus;
   
3. policies concerning the security of and access to campus facilities;
   
4. policies on campus law enforcement;
   
5. 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;
6. campus crime prevention programs;
7. policy concerning the monitoring through the police of criminal activity at off-campus locations of students organizations officially recognized by the college;
8. policies on illegal drugs, alcohol, and underage drinking;
9. where information provided by the State on registered sex offenders may be obtained (also see below); and
   
10. 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 reference desk of the library and the college website at www.york.cuny.edu 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 718.262.2218 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 Assistant Director of Public Safety at 718.262.2218 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 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, 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.

M. 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.

N. Procedures for Handling Student Complaints

The procedure for handling student complaints about faculty conduct in formal academic settings was adopted by the Board of Trustees effective February 1, 2007. The University and its Colleges view academic freedom as being very important, but at the same time want to recognize their responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom. Examples might include inefficient service, neglect of duty, physical or mental incapacity and conduct unbecoming a member of the staff. Thus far, there are 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.

(i) Informal Resolution. Students are encouraged to attempt to resolve complaints informally with the faculty member, for example, make an appointment to meet with the faculty member during office hours or where appropriate the academic dean.

(ii) Formal Complaint. In an effort to make the formal complaint process seamless, the following documents were developed to be used where there is a complaint filed by a student.

1. The student may file a written complaint with the department chairperson (“Fact Finder”). The formal complaint has to be filed within thirty (30) calendar days of the alleged conduct unless there is good cause shown for delay. The complainant should be as specific as possible in describing the conduct complained of. The complaint should be filed on the Student Complaint Form.
2. 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.
3. The Fact Finder meets with the complaining student and faculty member, either separately or together, to discuss the complaint and try to resolve it.
4. 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, the chief student affairs officer, and the legal affairs office (CPLA).
5. At the conclusion of investigation, the “Fact Finder” shall issue a written report setting forth his or her findings and recommendations. A copy of the report shall be sent to the complainant, the faculty member, the chief academic officer, the chief academic student affairs officer, and the legal office (CPLA). The process should be completed within 30 days after date it was filed.

Student Complaint Appeals Procedures

If either the student or the faculty member is not satisfied with the report of the fact finder, either party may file a written appeal to the chief academic officer (provost) within 10 calendar days of receiving the report. The chief academic officer shall convene and serve as the chairperson of an Appeals Committee. The committee consists of five (5) members which include: the provost, the vice president of student development, two faculty members (elected by the Faculty Senate members), and one student (elected by the Student Senate members).

The Appeals Committee’s responsibility shall be to 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 investigation. 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, department chairperson, legal designee and the president.

Following the completion of the process, the appropriate college official shall decide the appropriate action, if any, to take. Any action taken by York College must comply with the bylaws of the University and the collective bargaining agreement between the University and the Professional Staff Congress.

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 at www.york.cuny.edu/cpla