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 2 - Maintenance of Public Order › Part 535 - Rules Of The Board Of Trustees › Section 535.10 - Rules for organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Organizations. Organizations which operate upon the campus of any
					 State-operated institution or upon the property of any State-operated
					 institution used for educational purposes shall be prohibited from authorizing
					 the conduct described in subdivision (l) of section
					 535.3  of this
					 Part.
(b) Procedure. The chief
					 administrative officer at each State-operated institution shall be responsible
					 for the enforcement of this section, and, as used herein, the term chief
					 administrative officer shall include any designee appointed by said officer.
(1) Whenever the chief administrative officer
					 has determined on the basis of a complaint or personal knowledge that there is
					 reasonable ground to believe that there has been a violation of this section by
					 any organization, the chief administrative officer shall prepare or cause to be
					 prepared written charges against the organization which shall state the
					 provision proscribing the conduct and shall specify the ultimate facts alleged
					 to constitute such violation.
(2)
					 Such written charges shall be served upon the principal officer of the
					 organization by registered or certified mail, return receipt requested, to the
					 organization's current address and shall be accompanied by a notice that the
					 organization may respond in writing to the charges within 10 days of receipt of
					 said notice. The notice of the charge so served shall include a statement that
					 the failure to submit a response within 10 days shall be deemed to be an
					 admission of the facts stated in such charges and shall warrant the imposition
					 of the penalty described in subdivision (c) of this section. The response shall
					 be submitted to the chief administrative officer and shall constitute the
					 formal denial or affirmation of the ultimate facts alleged in the charge. The
					 chief administrative officer may allow an extension of the 10-day response
					 period.
(3) Upon written request,
					 by an authorized representative of the organization, the chief administrative
					 officer shall provide the representative organization an opportunity for a
					 hearing. A hearing panel designated by the chief administrative officer shall
					 hear or receive any testimony or evidence which is relevant and material to the
					 issues presented by the charge and which will contribute to a full and fair
					 consideration thereof and determination thereon. The organization's
					 representative may confront and examine witnesses against it and may produce
					 witnesses and documentary evidence on its behalf. The hearing panel shall
					 submit written findings of fact and recommendations for disposition of the
					 charge to the chief administrative officer within 20 days after the close of
					 the hearing.
(4) Final authority to
					 dismiss the charges or to make a final determination shall be vested in the
					 chief administrative officer. Notice of the decision shall be in writing; shall
					 include the reasons supporting such decision; and shall be served on the
					 principal officer of the organization by mail in the manner described in
					 paragraph (2) of this subdivision within a reasonable time after such decision
					 is made.