Student Rights and College and University Rules
As a public institution of higher education that is part of the City University of New York, the college and its students, staff, and faculty are required to comply with federal, state, and local laws, rules, and regulations as well as university and college policies that seek to enforce them. Those currently in effect are summarized below with links to relevant websites for the complete text of each, subject to change by the appropriate authorities.
Policies on Acceptable Standards of Behavior
Maintenance of public order
The tradition of the university as a sanctuary of academic freedom and center of informed discussion is long-honored and must be guarded vigilantly. The principle of intellectual freedom, rights of professors to teach and engage in scholarly research, and rights of students to learn and express their views free from external pressures and interference are deeply held values of institutions of higher education, including Brooklyn College. CUNY’s regulations to secure these benefits and ensure the academic freedom for all in this educational community and the penalties for violations may be found on the Brooklyn College website.
Notice of Nondiscrimination
It is the policy of the City University of New York—applicable to all colleges and units—to recruit, employ, retain, promote, and provide benefits to employees and to admit and provide services for students without discriminating on the basis of actual or perceived race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, pregnancy, status as a victim of domestic violence/stalking/ sex offenses, unemployment status, caregiver or familial status, prior record of arrest or conviction, or any other legally prohibited basis in accordance with federal, state, and city laws. This policy is set forth in CUNY’s Policy on Equal Opportunity and Non-Discrimination.
CUNY’s Policy on Sexual Misconduct prohibits all forms of sexual misconduct, including sexual harassment, gender-based harassment, and sexual violence. Inquiries concerning sexual misconduct or sex discrimination may be made to the individuals specified in that policy or may be referred to the U.S. Department of Education, Office for Civil Rights.
It is also the university’s policy to provide reasonable accommodations and academic adjustments, when appropriate, to individuals with disabilities, individuals observing religious practices, individuals who have pregnancy or childbirth-related medical conditions, and victims of domestic violence/stalking/sex offenses. The process for addressing these issues is set forth in CUNY’s Procedures for Implementing Reasonable Accommodations and Academic Adjustments.
Retaliation for reporting or opposing discrimination, cooperating with an investigation of a discrimination complaint, or requesting an accommodation or academic adjustment is also prohibited.
For more detailed information, refer to the CUNY Policy on Equal Opportunity and Non-Discrimination, the CUNY Policy on Sexual Misconduct, and the CUNY Procedures on Reasonable Accommodations and Academic Adjustments.
The following people have been designated at Brooklyn College to handle inquiries and complaints relating to CUNY’s Policy on Equal Opportunity and Non-Discrimination and Policy on Sexual Misconduct and to ensure compliance with CUNY’s Procedures for Implementing Reasonable Accommodations and Academic Adjustments:
Michelle Vargas
Title IX Coordinator
2147 Boylan Hall
718.951.4128
The following federal, state, and local agencies enforce laws against discrimination:
Workplace Violence
The City University of New York Workplace Violence Policy and Procedures prohibits violence in the workplace. Violence, threats of violence, intimidation, harassment, coercion, and other threatening behavior toward people or property will not be tolerated. Complaints involving workplace violence will be given the serious attention they deserve. Students are not directly covered by this policy, but they should contact the Office of Campus and Community Safety Services to report concerns about workplace violence. The full text of the policy is available there and on the CUNY website.
Sexual Misconduct
Every member of the Brooklyn College community, including students, employees, and visitors, deserves the opportunity to live, learn, and work free from sexual misconduct, including sexual harassment, gender-based harassment, and sexual violence. Sexual harassment is unwelcome conduct of a sexual nature—such as unwelcome advances and requests for sexual favors. Gender-based harassment is unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived gender, including conduct based on gender identity, gender expression, or nonconformity with gender stereotypes. Sexual violence is rape or attempted rape, forcible touching, sexual abuse, or dating/intimate partner violence.
Brooklyn College encourages individuals who have experienced sexual misconduct to report the incident(s) to campus authorities, even if they have reported it to outside law enforcement and regardless of whether the incident(s) occurred on campus. Investigations of sexual misconduct are conducted fairly, promptly, thoroughly, and as confidently as possible under the circumstances. After the investigation, if a complaint is found to be true, appropriate action can include formal disciplinary action, including but not limited to termination of employment, and suspension or expulsion of students. The college may also be able to provide victims of sexual misconduct with special accommodations to help them make it through their class or work assignments.
In cases of sexual assault, if the incident occurred on campus, call Campus Public Safety or 911. If the incident occurred off campus, call 911 or go to the local NYPD precinct. Contacting the police does not require you to file charges. Regardless of where the incident occurred, we also encourage you to contact the Brooklyn College Title IX coordinator. In all cases, seek medical attention as soon as possible. Campus Public Safety or the police can help you get medical care, or you can go on your own (or with a friend) to an emergency room.
Contact
Michelle Vargas
Title IX Coordinator
P: 718.951.4128
Donald Wenz
Public Safety Director
P: 718.951.5511 or 5444
Sexual and interpersonal violence prevention and response training
Article 129-B of the New York Education Law requires colleges and universities to provide ongoing education and training about sexual misconduct to their employees and students. To fulfil this requirement, CUNY requires students, staff, and faculty to complete its Sexual and Interpersonal Violence Prevention and Response Course (SPARC). This training covers all forms of sexual misconduct prohibited under CUNY policy and applicable law and outlines the compliance and reporting responsibilities of students, staff, and faculty.
For employees
All employees are required to complete the Employee Sexual and Interpersonal Violence Prevention and Response Course (ESPARC) each calendar year of their employment. The course is provided via CUNY Blackboard. To access the course, log in to Brightspace.
If you have questions about the course content, email Michelle Vargas, Title IX coordinator.
For questions about your registration for this course, email the Office of Human Resource Services.
For students
All freshmen, transfer students, club/organization officers, study abroad participants, student athletes, and residential life occupants are required to take the Sexual and Interpersonal Violence Prevention and Response Course Online Training (SPARC). Student athletes must complete SPARC annually to be eligible to play. The course is provided on Brightspace.
Failure to complete the course will result in a hold on your account, impacting your ability to register for and maintain your classes, as well as conduct college business, until the course is completed.
If you believe that you have already completed SPARC for the academic year but had a hold placed on your account, email Student Affairs.
If you are experiencing technical issues and require assistance accessing or viewing SPARC, email the Division of Student Affairs.
Hate crimes
Bias or hate crimes are crimes motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability, or alienage. Bias-related incidents are behaviors that constitute an expression of hostility against the person or property of another because of the targeted person’s race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability, or alienage. According to New York Penal Law Section 485, a person commits a hate crime when they commit a specified criminal offense and either:
intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct, or
intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct.
Examples of hate crimes include, but are not limited to: threatening phone calls, hate mail (including electronic mail), physical assaults, vandalism, destruction of property, and fire bombings. Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence, or previous conviction of the offender. Students, staff, and faculty who commit bias crimes are also subject to university disciplinary procedures and a range of sanctions up to and including suspension, expulsion, or termination of employment.
In order to effectively handle incidents of bias-related crimes and prevent future occurrences of such crimes, victims or witnesses of a hate crime are encouraged to immediately report incidents to the Public Safety Office. Victims of bias crime can also avail themselves of counseling and support services through the Office of Student Services.
Smoke-free policy
The use of tobacco is prohibited on all grounds and facilities of CUNY, including those at Brooklyn College. This includes all indoor and outdoor locations.
Drugs and alcohol
In accordance with the CUNY Policy on Drugs and Alcohol, the unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by anyone, on Brooklyn College property, in Brooklyn College buses or vans, or at Brooklyn College–sponsored activities, is prohibited. In addition, Brooklyn College employees are prohibited from illegally providing drugs or alcohol to CUNY students.
Students and employees who violate this policy are subject to sanctions under university policies, procedures, and collective bargaining agreements, as described below. Students and employees should be aware that, in addition to these CUNY sanctions, the university will contact appropriate law enforcement agencies if it believes that a violation of the policy should also be treated as a criminal matter. Students are expected to comply with the CUNY and college policies with respect to drugs and alcohol. Any student found in violation may be subject to disciplinary action under Article 15 of the Bylaws of the Board of Trustees, which may result in sanctions up to and including expulsion from the university.
In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the student or employee must see a counselor or successfully participate in a drug and alcohol treatment program.
Help is available for members of the college community struggling with alcohol or substance use disorders:
CUNY employees may seek assistance through the CUNY Work/Life Program at 800.833.8707 or this website.
Students may seek assistance through Personal Counseling, 0203 James Hall, 718.951.5363; or Health Services, 114 Roosevelt Hall, 718.951.5580.
Records requests
All records requests should be directed to the Office of Legal Affairs and Labor Relations, which serves as the college’s records access office.
Policies Concerning Students and Faculty
Policies on submission of fraudulent or incomplete admissions materials
The submission of documents that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses, or otherwise deceptive (collectively referred to as fraudulent documents) in support of applications for admission is prohibited by CUNY and may be punishable by a bar on applying for admission, suspension, and/or expulsion. The term “applications for admission” includes transfer applications. Materially incomplete applications include applications that fail to include all prior post–high school college-level courses, regardless of whether the courses were taken in the United States or abroad, the applicant received a degree or the courses were taken for credit, or the applicant is changing academic majors or fields. The complete text for this policy may be found on the CUNY website.
Student complaints about faculty conduct
The university recognizes its responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom and are not covered by other procedures and has introduced a policy on student complaints about faculty in an academic setting, which is available here.
Academic integrity
The CUNY Board of Trustees has adopted a policy on academic integrity that applies to all students at Brooklyn College. A copy of the CUNY Academic Integrity Policy is available here.
Acceptable use of computer resources
The computer resources of Brooklyn College and the City University of New York must be used in a manner that is consistent with the university’s educational purposes and environment. CUNY has adopted a Policy on Acceptable Use of Computer Resources that is available here.
Peer-to-peer file-sharing programs and copyright violations
Peer-to-peer (P2P) file-sharing programs have become a popular way to exchange music, movies, games, and software over the Internet. Academic applications of these programs are also expanding, but their use is not without risk. P2P file-sharing programs are not illegal. However, they can be used for illegal copying or distributing of music, movie, software, and other files. Most material is copyrighted; downloading or distributing such material without permission of the copyright holder is a violation of U.S. copyright law. If students use a P2P program to download, trade, or share files without appropriate permission, they may be liable for monetary damages and even subject to jail time. This kind of use is also in violation of CUNY’s policy on the use of CUNY computer resources and may subject students to disciplinary action. A statement from CUNY about file-sharing and copyright may be found on the CUNY website.
Nonattendance because of religious beliefs
New York State Education Law § 224-a prohibits the college from expelling or denying admission to a student because he or she is unable to attend classes or participate in examinations or study or work requirements on any particular day or days because of religious beliefs. Students who are unable to attend classes on a particular day or days because of religious beliefs will be excused from any examination or study or work requirements. Faculty must make good-faith efforts to provide students absent from class because of religious beliefs equivalent opportunities to make up the work missed; no additional fees may be charged for this consideration. No student may suffer adverse or prejudicial effects for availing themselves of this regulation.
Nondiscrimination for students with disabilities
Brooklyn College, as a unit of the City University of New York, does not and will not discriminate against qualified students with disabilities in access to its educational programs and services. For this purpose, disability means a physical, medical, mental, or psychological impairment, or a history or record of such impairment, that constitutes a disability under applicable federal, state, and city law. The college provides reasonable accommodations and academic adjustments to qualified students pursuant to the CUNY policy on Reasonable Accommodations and Academic Adjustments, available here.
Students who need individual accommodations should direct their needs to the Center for Student Disability Services, 138 Roosevelt Hall, 718.951.5538. If a requested academic adjustment cannot be implemented or if a student believes that he or she is being discriminated against on the basis of a handicap or disability, the student should contact the director of the center. Students may also consult with the Office of Diversity and Equity, 2147 Boylan Hall, 718.951.4128, which will, as appropriate, refer the matter to the center, attempt to resolve the dispute among the parties, or accept and investigate a formal complaint.
Immunization requirements
New York State health law requires students to submit documentation proving immunity to measles, mumps, and rubella as well as a Meningococcal Meningitis Vaccination Response Form. Information on the New York State Department of Health immunization requirements may be found in the Health Programs/Immunization Requirements Office. Questions may be referred to the office in person at 0710 James Hall, by telephone at 718.951.4505 or .4266, or via email.
Medical withdrawal and re-entry
As part of its commitment to the academic success and personal growth of its students, CUNY and its constituent campuses are responsible for providing a safe learning and working environment for students, staff, faculty, and other members of the university community. CUNY Policy 7.09 addresses students’ behavior that presents a direct threat of harm to self or others or substantially disrupts the learning and working environment of others. This policy may be read in full here.
Policies Concerning Privacy and Student Records
Access to student records (FERPA procedures)
The college complies with the Federal Education Rights and Privacy Act (FERPA) of 1974. Under FERPA, students generally have a right to review their education records and must consent in writing before certain personally identifiable information is disclosed to third parties. The complete texts of the revised CUNY Board of Higher Education policy as adopted on 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, West Quad Center. They are also available online here.
Policy on withholding student records
According to a CUNY Board of Trustees resolution, 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 register or obtain a copy of their grades, financial aid transcripts, transcripts of their academic records, or certificates or degrees, nor are they to receive funds under the federal campus-based student assistance programs or the Pell (Basic) Grant Program unless the Financial Aid Office waives this regulation in writing due to cases of exceptional hardship, consistent with federal and state regulations.
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.”
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 guidance on the appropriate complaint procedure in the Office of the Vice President for Student Affairs, 2113 Boylan Hall.