Rules and Regulations for the Maintenance of Public Order
Statement of Purpose: The following rules are adopted in compliance with Section 6450 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within ten days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech, nor peaceful assembly.
Application of Rules: These rules are not intended to repeal, supersede or preclude any other rules relating to the same subject matter except to the extent they are inconsistent therewith. The rules hereby adopted shall govern the conduct of students, faculty and other staff, all members and all organizations of the college community, visitor, licenses, invitees, and all other persons, whether or not their presence is authorized, upon the campus of Clinton Community College and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities.
Prohibited Conduct: No person, either singly or in concert with others shall:
- Willfully or intentionally cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act, which he/she has a lawful right to do or to do any act which he/she has a lawful right not to do.
- Physically neither restrains or detains any other person, nor removes such person from any place where he/she is authorized to remain.
- Willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use us such property without authorization.
- Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty, or staff member.
- Enter into any private office of an administrative officer, member of the faculty or staff member without implied or explicit consent.
- Enter upon or remain in any building or facility after it is closed without authorization.
- Refuse to leave any building or facility after being required to do so by an authorized administrative officer.
- Obstruct the free movement of persons and vehicles in any place to which these rules Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers.
- Knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, or other firearm or weapon without the written authorization of the President of the college whether or not a license to possess the same has been issued to such Duly authorized peace officers are exempted.
- Willfully incite others to commit any of the acts herein prohibited conduct with specific intent to procure them to do so.
- Take any action, create, or participate in the creation of, any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization on college owned property or at college sponsored activities, is expressly prohibited.
Penalties: A person who shall violate any of the provisions of these rules shall:
- If person is a licensee or invitee, have his/her authorization to remain upon the campus or other property withdrawn and shall be directed to leave the In the event of his/her failure or refusal to do so he/she shall be subject to ejection or other legal process.
- If person is a trespasser or visitor without specific license or invitation, be subject to ejection or other legal process.
- If person is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant including suspension, probation, loss of privilege, reprimand or warning.
- If person is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
- If person is a staff member in the classified service of the civil service, described in Section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties described in said section.
- If person is a staff member other than one described in paragraphs (d) and (e), be subject to dismissal, suspension without pay or censure.
Procedure: The President of the college or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules that their license or invitation is withdrawn and shall direct him/her to leave the campus or other property of the institution. In the event of his/her failure or refusal to do such officer shall cause his/her ejection from such campus or property or shall use other legal process.
In the case of any other violator, who is neither a student nor faculty or other staff member, the President of the college or his/her designee shall inform violator that he/she is not authorized to remain on the campus or other property of the institution and direct violator to leave such premises. In the event of his/her failure or refusal to do such officer shall cause his/her ejection from such campus or property or shall use other legal process.
Nothing in this paragraph shall be construed to authorize the presence of any such person at any time prior to such violation or to affect his /her liability to prosecution for trespass or loitering as prescribed in the Penal Law.
In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner established for the disposition of charges, which may lead to expulsion.
Incidents involving individual student violations of the rules shall be reviewed by the Dean for Student Affairs. The Dean for Student Affairs may request an investigation be conducted and, in extreme circumstances, may charge the accused immediately and suspend him/her pending the outcome of a hearing. Appeals may be submitted in writing to the College President. *Students who disclose a documented disability have the right to have the impact of their disability on their behavior considered during the hearing.
In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules shall be made, heard and determined in accordance with the policies of the Board of Trustees.
In the case of any staff member who holds a position in the classified civil service, described in Section 75 of the Civil Service Law, charges of misconduct in violation of these rules shall be made, heard, and determined as prescribed in that section.
Any other faculty or staff member who shall violate any provision of these rules shall be dismissed, suspended or censured by the President of the college or his/her designated representative in accordance with the Policies of the Board of Trustees.
Enforcement Program: The President of the college shall be responsible for the enforcement of these rules and shall designate the other administrative officers who are authorized to take action in accordance with these rules when required or appropriate to carry them into It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules by persons, which, in the judgment of the President of the college or the President's designee, does not pose any immediate threat of injury to person or property such officer may make reasonable effort to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented.
Rules of Public Order: The rules for the Maintenance of Public Order are deemed part of the by-laws of all organizations approved by the Violations of these rules by organizations will be heard by the Dean of Student Affairs and may result in rescission of permission for that organization to operate by the College President.
If, in the judgment, individual members of the organization have violated the Rules for the Maintenance of Public Order, the Dean of Student Affairs shall confer with the Chair of the Lower Judicial Board for appropriate action. In such cases, the procedures established for adjudicating individual violations of these regulations shall be followed.
Any action taken by the college shall be in addition to any penalty pursuant to the penal law or any other chapter to which a violator or organization may be subject.
Students who have a complaint with the college should see the Dean of Student Affairs. The Dean for Student Affairs will attempt to mediate the problem on an informal basis. Formal student complaints, depending on their nature, are handled through the Academic Grievance Policy, the Affirmative Action Policy, or the Health and Safety Committee. Students may also contact the N.Y.S. Education Department.