Student Rights and College Regulations

BC Policies

Contents

Equal opportunity policy
It is the policy of the Board of Trustees of The City University of New York and of Brooklyn College to provide, for all persons, equal educational and employment opportunities in a working and learning environment in which students and employees are able to realize their full potential as productive members of the college community. To this end, it is the college’s policy that its educational and employment programs will be administered without regard to race, color, national or ethnic origin, religion, gender, sexual orientation, age, alienage or citizenship, disability or veteran status, or other factors irrelevant to productive participation in the programs of the college. Further, in keeping with local, state, and federal mandates and recognizing the many benefits that accrue from a community of diverse experience and cultural heritage, the college pledges to act affirmatively in providing employment opportunities for qualified women, racial and ethnic minorities, Vietnam-era veterans, and individuals with disabilities. All Brooklyn College employees--administrators, members of the faculty and staff--and students are expected to cooperate fully in meeting these legal and ethical mandates.

Inquiries or complaint-related matters pursuant to any of the equal opportunity laws, including Executive Order 11246, Title VII of the Civil Rights Act, the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Readjustment Act of 1974, the Americans with Disabilities Act, Title IX of the Education Amendments, and others, may be addressed to the Office of Affirmative Action, Compliance, and Diversity, 2141 Boylan Hall (telephone: 718-951-4128). Students with disabilities may wish, in the first instance, to contact the coordinator of Services for Students with Disabilities Program (SFSWD), 1303 James Hall (Telephone: 951-5363).

Policy against sexual harassment
The policy of the City University of New York is to promote a cooperative work and academic environment in which there is mutual respect among students, faculty, and staff. Harassment on the basis of gender is inconsistent with this objective and contrary to the university’s policy of equal employment and educational opportunity. It is a violation of this policy for any member of the university community to engage in sexual harassment or for any member of the university community to take action against an individual for reporting sexual harassment.

The university’s policy against sexual harassment is carried out by Brooklyn College through the Sexual Harassment Panel and the Sexual Harassment Education Committee, which consist of students and members of the faculty, administration, and staff. There are both formal and informal procedures for dealing with complaints or concerns of sexual harassment. An individual may contact any member of the panel for an informal, confidential conversation.

Click here for a complete statement of the university’s sexual harassment policy and procedures. Click here for the names of the Sexual Harassment Advisory Panel.

In addition, brochures containing the College’s sexual harassment policies, procedures and panel members are may be obtained in any office or from the Sexual Harassment Advisory Panel Coordinator Professor Miriam Deutch, 412 Library, 718-951-5221.

Sale of term papers
Title I, Article 5, Section 213-b of the New York State Education Law provides in pertinent part that: "No person shall, for financial consideration, or the promise of financial consideration, prepare, offer to prepare, cause to be prepared, sell or offer for sale to any person any written material which the seller knows, is informed, or has reason to believe is intended for submission as a dissertation, thesis, term paper, essay, report, or other written assignment by a student in a university, college, academy, school, or other educational institution to such institution or to a course, seminar, or degree program held by such institution."

Nonattendance because of religious beliefs
Title I, Article 5, Section 224-a of the New York State Education Law provides that:

Nondiscrimination for students with disabilities
It is the policy of the City University of New York to comply with Section 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act (ADA) of 1990 as amended, state legislation (Executive Law 296), local law, and applicable regulations promulgated pursuant to these laws to prohibit the exclusion of qualified students with disabilities, solely by reason of their disability, from participation in college programs or activities. Brooklyn College, as a unit of the City University, does not and will not discriminate against qualified students with disabilities in access to its programs and/or services. Disability, for purposes of this policy, is defined to mean a "physical or mental impairment that substantially limits one or more major life activities," such as walking, seeing, hearing, speaking, breathing, or learning, for example.

Brooklyn College will operate its programs and activities so that these programs and activities, when viewed in their entirety, will provide meaningful accessibility to qualified students with disabilities in order to maximize the student’s opportunity to meet the challenges of higher education. Pursuant to this policy, the college will (1) provide individual academic adjustments and auxiliary educational aids and (2) make structural modifications of existing facilities if no other feasible way exists to make a program or activity accessible, as long as no individual academic adjustment, auxiliary educational aid, or structural modification would (1) fundamentally alter the nature of the program or activity or (2) result in an undue financial burden to the college.

Regulations that would have the effect of limiting the participation of students with disabilities in the educational program, such as a general rule that would prohibit the use of tape recorders or braillers in the classroom or dog guides in campus buildings, are prohibited.

Students who need individual accommodations in order to participate more fully in college programs or services, pursuant to this policy should direct their needs to the Services for Students with Disabilities (SFSWD) Program, 1303 James Hall (telephone: 951-5363). The SFSWD Program serves as the primary program for assisting students with disabilities to integrate successfully into the Brooklyn College community and for making determinations of what will constitute appropriate academic adjustments.

In addition, through the SFSWD Program, students have access to the Frank and Mamie Goldstein Resource Center, a special resource center with such assistive technology as voice recognition, voice-synthesized document and screen reading, and screen and document magnification for use on an individual or group basis. Similar equipment is also available at the Gideonse Library and the Atrium Computer Center, 1306 Plaza Building.

If a requested academic adjustment cannot be implemented or if a student believes that she or he is being discriminated against on the basis of a handicap or disability, the student should contact the coordinator of the Services for Students with Disabilities Program. Students may also consult with the Office of Affirmative Action, Compliance, and Diversity (AACD), 2141 Boylan Hall (telephone: 951-4128), which will, as appropriate, refer the matter to SFSWD, attempt to resolve the dispute among the parties, or accept a formal complaint in accordance with applicable procedures. A complete statement of the college’s policy and procedures may be obtained from the offices of SFSWD or AACD.

Access to student records

Rights of Access
Pursuant to the Family Educational Rights and Privacy Act of 1974 and the Board of Trustees of The City University of New York Student Records Access Policy of April, 1979, Brooklyn College students have "the right to inspect and review any and all official records, files, and data directly related" to them and to deny access by others without written consent of the student except under limited and specified circumstances. This right pertains to any present or former student but not to candidates for admission.

Procedures
A student who wishes to inspect and review his or her educational records may make the request to the Student Records Access Officer of the college or to the person in charge of the office who is the official custodian of the record in question, but a request pertaining to records in the custody of a teacher or counselor should be made directly to that teacher or counselor. Requests made to the Student Records Access Officer in the Office of the Registrar must be made by completing a request form. Requests for records in other locations may be oral or written. Requests will be granted or denied within fifteen days of receipt of the request.

If the request is granted, the student will be notified of the time and place where records may be inspected. If the request is denied or not responded to within fifteen days, the student may appeal. Additional information regarding the appeal procedure will be provided to the student if a request is denied.

A student may request an amendment of education records that the student believes are inaccurate or misleading. In this case, the student should write to the college official who is responsible for the record, clearly identify the part of the record that is in question, and specify why it is inaccurate or misleading. If the college decides not to amend the record, the student will be notified of the decision and advised of his or her right to a hearing. When the student is notified, additional information will be provided regarding the hearing procedures.

Directory information (name, address, telephone listing, date and place of birth, major field of study, class, year or date of expected graduation, participation in officially recognized activities and sports, height and weight of members of athletic teams, dates of attendance, degrees and awards received, and the most recent educational agency or institution attended by the student) may be released to persons having a legitimate interest in this information. A student may require that any or all of the information set forth above may not be released without the student’s prior written consent if the student completes a form that is available in the Office of the Registrar. A student’s education records, other than directory information stated above, shall be released without the student’s consent only to university officialsincluding trustees, college officials, faculty, and staffwith a legitimate educational interest. Upon request, the college may disclose education records without consent to officials of another school in which a student seeks or intends to enroll.

Brooklyn College’s policies and procedures are the means by which policies of the Board of Trustees of The City University are implemented. The complete texts of the revised Board of Higher Education policy as adopted April 23, 1979, and the Family Educational Rights and Privacy Act of 1974, as amended, are available for review in the Office of the Registrar, 1118 Boylan Hall.

Policy on withholding student records
In accordance with a resolution adopted by the Board of Trustees of The City University of New York on April 23, 1979, and amended on March 25, 1985, it was resolved that:

"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 disbursing or certifying agent, and students who have not completed exit interviews, as required by the National Direct Defense Student Loan (now Perkins Loan) Program and the Nursing Student Loan Program, are not to be permitted to complete a registration, or issued a copy of their grades, a financial aid transcript, a transcript of academic record, certificate or degree, nor are they to receive funds under the Federal campus-based student assistance programs or the Pell (Basic) 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."

Grievance procedures
Grievance procedures for specific college rules and regulations differ depending on the nature of the complaint. Any student who has a grievance against another member of the college community may receive help with processing an informal complaint or in filing a petition of complaint in the Office of the Dean for Student Life and College Relations, 2113 Boylan Hall.

Rules and regulations for the maintenance of public order pursuant to Article 129A of the Education Law

Adopted by the Board of Higher Education June 23, 1969, and November 23, 1970, these rules and regulations were amended October 27, 1980, May 22, 1989, and June 25, 1990, by the Board of Trustees of The City University of New York.

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

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

"With respect to enforcement of these rules and regulations, we note that the Bylaws of the Board of Higher Education provide that: The President. The president, with respect to his [or her] educational unit, shall:

" a. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his [or her] jurisdiction;

" b. Be the advisor and executive agent of the Board and of his [or her] respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws, resolutions and policies of the Board, the lawful resolutions of any of its committees, and the policies, programs and lawful resolutions of the several faculties;

" c. Exercise general superintendence over the concerns, officers, employees, and students of his [or her] educational unit. . .’

I. Rules
  • 1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he [or she] interfere with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.

  • 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 [or her] position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.

  • 6. Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the University/college, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of their rights or interferes with the institution’s educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution’s instructional, personal, administrative, recreational, and community services.

  • 7. Disorderly or indecent conduct on University/ college-owned or -controlled property is prohibited.

  • 8. No individual shall have in his [or her] possession a rifle, shotgun, or firearm or knowingly have in his [or her] possession any other dangerous instrument 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 [or her] possession any other instrument or material which can be used and is intended to inflict bodily harm on an individual or damage upon a building or the grounds of the University/college.

  • 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 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.

II. Penalties
  • 1. Any student engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.

  • 2. Any tenured or non-tenured faculty member, or other member of the instructional staff, or member of the classified staff engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of The City University of New York or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and, for engaging in any manner in conduct prohibited under substantive rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. "A tenured or non-tenured faculty member or other member of the instructional staff or member of the classified staff charged with engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be entitled to be treated in accordance with applicable provisions of the Education Law, or the Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.

  • 3. Any visitor, licensee, or invitee engaging in any manner in conduct prohibited under substantive Rules 1-11 shall be subject to ejection and/or arrest by the civil authorities.

  • 4. Any organization which authorizes the conduct prohibited under substantive Rules 1-11 shall have its permission to operate on campus rescinded.

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

Appendix
"Sanctions defined:

  • A. Admonition. An oral statement to the offender that he [or she] has violated University rules.

  • B. Warning. Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may be cause for 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.

Resolved, That a copy of these rules and regulations be filed with the Regents of the State of New York and with the Commissioner of Education.

Resolved, That these rules and regulations be incorporated in each college bulletin."

Statement of policy on the presence of illegal substances on campus
Revised 1996

The use, sale, or transfer of illegal substances will not be tolerated at Brooklyn College. Unlawful possession or sale of drugs is a crime, subject, upon criminal conviction, to prison sentences of up to life imprisonment. No member of the academic community who may be liable for criminal prosecution and conviction may receive special consideration due to his or her status within the college. The campus is not a sanctuary, and should members of the college community violate criminal laws on illicit use, sale, or transfer of drugs, whether on or off campus, they must accept the full legal consequences for their actions. The police and other law enforcement agencies are required to investigate violations of the law wherever these may occur. Search warrants may be obtained and undercover agents placed on this campus without college approval or knowledge.

Apart from the issue of criminal illegality, the presence of illegal drugs on campus constitutes a disruptive situation within the college community. Muggings and thefts, for example, are reported to increase proportionately in association with drug traffic. An individual who becomes involved with illegal drugs establishes evidence that he or she is in at least indirect contact with an explicitly criminal element. These contacts invite intrusions into the college community by informers to law enforcement agencies and others, thereby undermining the trust and free flow of ideas implicit to the college community.

The college has the authority to prevent disruptive situations that may detract from its educational purposes. Pursuant to that authority, the college hereby serves notice that it will undertake disciplinary proceedings against any member of the academic community who uses, sells, or transfers illegal drugs on campus.

Policy
I. The use, sale, or transfer of illegal substances on campus is disruptive and a violation of campus policy. Infractions of this policy will be enforced as follows:

  • A. Students accused of violating this policy will be subject to discipline with procedural due process outlined in Article XV of the Bylaws of the Board of Trustees.

  • B. Faculty members accused of violating this policy will be subject to discipline with procedural due process outlined in Article VII of the Bylaws of the Board of Trustees.

College disciplinary proceedings are not criminal proceedings, nor are they intended to replace the function of criminal proceedings. The primary concern of the college is to provide and maintain those conditions that enhance the educational process. Any member of the college community who is found to have violated this Brooklyn College Statement of Policy is subject to the following penalties prescribed in the Bylaws of the Board of Trustees:

  • a. Admonition
  • b. Warning
  • c. Censure
  • d. Disciplinary Probation
  • e. Restitution
  • f. Suspension
  • g. Expulsion
  • h. Complaint to Civil Authorities
  • i. Ejection

II. The college recognizes the personal difficulties and complexities that are associated with drug and alcohol use. Members of the college community in need of assistance are invited and encouraged to use the confidential therapeutic and counseling services that are available. Professional substance-abuse counselors together with trained students have proved of great assistance over the past years in drug and alcohol rehabilitation. An appointment for these services may be obtained by calling the Personal Counseling and Career Services Center, 1303 James Hall (telephone: 951-5363).

III.

  • A. Persons who are not members of the college community who use illegal substances on campus will be taken to the Office of Campus Security and Public Safety for appropriate action. This could include notifying their schools, parents, other officials on campus, and the police.

  • B. Any person making a sale of illegal substances on campus will be subject to arrest.

Student immunization requirement
New York State Law requires all students to submit documentation proving immunity to measles, mumps, and rubella. Information on procedure for proving immunity is in the "Admission" chapter in this Bulletin.

Smoking regulations
The following resolution on smoking policy was adopted on September 29, 1994, by the Board of Trustees of The City University of New York:

Brooklyn College Web Site
Copyright © 1999, 1998 Brooklyn College.
All Rights Reserved.