New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter C - Administration and Operation of State-operated Institutions of State University of New York › Article 1 - Student Conduct and Behavior › Part 500 - Guidelines Established By The Board Of Trustees › Section 500.2 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
The several councils of the State-operated institutions
						of higher learning of the State University of New York shall promulgate or
						review and ratify regulations governing the conduct and behavior of students,
						subject to general guidelines established by the chancellor, and in accordance
						with law and such other rules or policies as the trustees may from time to time
						establish; such regulations to be published and made available to the whole
						academic community of that campus and shall be given full force and effect as
						rules and regulations of the State University applicable to that campus. The
						chancellor of the State University of New York shall, from time to time, cause
						to be reviewed the regulations established by the councils for consistency with
						rules and policies of the State University trustees and shall report thereon to
						the board of trustees at such time and in such manner as it shall
						direct.
(a) The manner in which
					 regulations are developed. In order to encourage, maintain and assure adequate
					 communication with and participation by the administration, faculty and
					 students at the respective campuses, the council shall act after consultation
					 with the chief administrative head of its campus and with representatives of
					 faculty and students in promulgating or in reviewing and ratifying regulations
					 on student conduct. In the regulations, the council may confer upon student
					 groups, faculty committees, administrative officers, or combinations thereof
					 appropriate responsibilities concerning student conduct and behavior. Authority
					 for the administration of regulations at a campus shall rest with the campuses'
					 chief administrative officer.
(b)
					 The recognition of the rights and responsibilities of students. The regulations
					 shall recognize that students have within the law, the right of free expression
					 and advocacy and that the State University seeks to encourage and preserve
					 freedom of expression and inquiry within the entire University. The regulations
					 shall also recognize the obligation of each student to conduct himself
					 lawfully, maturely and responsibly and shall take into account the
					 responsibility of the University to maintain standards of student conduct
					 essential to the orderly conduct of the University's function as an educational
					 institution. The ways in which students or student groups may use the name of
					 the University or identify their association with it shall also be provided for
					 in the regulations.
(c) The need
					 for due process. Where regulations govern student disciplinary proceedings,
					 they should reflect the basic concepts of procedural fairness and should make
					 certain that no student shall be expelled or suffer other major disciplinary
					 action as defined by the council for any offense, other than failure to meet
					 required academic standing, without being first given appropriate advance
					 notice of the charges against him and a hearing before an impartial body or
					 officer as established by the council or chief administrative officer at such
					 campus. While a formal judicial hearing is not required, the hearing should be
					 of such nature as to give the hearing body or officer, as the case may be, full
					 opportunity to hear both sides of the issue in considerable detail. The student
					 may waive in writing the requirements of a hearing.