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, faculty and staff 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, 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 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, please 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:
Ivana Bologna, Esq.
Title IX Coordinator
2147 Boylan Hall
718.951.5000, ext. 6468
Anthony Brown, Esq.
Chief Diversity Officer and Special Assistant to the President
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 and Gender-Based Harassment and Violence
Every member of the Brooklyn College community, including students, employees, and visitors, deserves the opportunity to live, learn, and work free from 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, or sexual abuse.
Brooklyn College encourages individuals who have experienced sexual harassment, gender-based harassment, or sexual violence 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 harassment 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 termination of employment, and suspension or expulsion of students. The college may also be able to provide victims of sexual harassment with special accommodations to help them make it through their class or work assignments.
If you were recently assaulted:
• If the incident occurred on campus, call 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.
• 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.
• We also encourage you to contact the Brooklyn College Title IX Coordinator
Contact
Anthony Brown
Chief Diversity Office
P: 718.951.5000, ext. 3350
Ivana Bologna
Title IX Coordinator
P: 718.951.5000, ext. 6468
Ron Jackson Vice
President for Student Affairs / Dean of Students and Chief Student Affairs Officer
P: 718.951.5000, ext. 5352
Donald Wenz
Public Safety Director
P: 718.951.5511 or 5444
Sexual and interpersonal violence prevention and response training
As part of New York State’s Enough is Enough statute, all New York State colleges must provide ongoing education and training about sexual misconduct to their employees and students. To be in full compliance with this law, CUNY implemented the Sexual and Interpersonal Violence Prevention and Response Course (SPARC). This training also includes domestic violence, dating violence, stalking, sexual harassment, gender-based harassment, and sexual violence. We thank you in advance for your cooperation.
For employees
Employee Sexual and Interpersonal Violence Prevention and Response Course (ESPARC) provided by the City University of New York. New York State Law requires employees to complete this training by August 15, 2020, and then at least annually thereafter. The course is provided via CUNY Blackboard. Once you log into Blackboard, you will find Brooklyn College ESPARC 2019–20 under the “My Organization” section. Blackboard log-in instructions (pdf)
• If you have questions about the course content, e-mail Ivana Bologna, Title IX Coordinator (Interim).
• For questions about your registration for this course, e-mail the Office of Human Resource Services.
For Students
SPARC: Sexual and Interpersonal Violence Prevention and Response Course Online Training. In compliance with the Campus SaVE Act and New York State Education Law Section 129B (Enough is Enough), CUNY requires all freshmen, transfer students, club/organization officers, study abroad participants, student athletes, and residential life occupants to take the training. Student athletes must complete SPARC annually to be eligible to play. The course is provided via CUNY Blackboard. Once you log into Blackboard, you will find Brooklyn College ESPARC 2018–19 under the “My Organization” section.
• Blackboard log-in instructions (pdf)
Failure to complete the course will result in a hold on your account, impacting your ability to register 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, e-mail Ivana Bologna, Title IX Coordinator.
• If you are experiencing technical issues and require assistance accessing or viewing SPARC, e-mail the Division of Student Affairs.
Hate crimes
All members of the Brooklyn College community are subject to New York State law on hate crimes. The law applies to criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice. In such crimes, victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Information on the law and examples of the hate crimes that are prohibited may be found online under the “Campus Info” tab on the BC WebCentral portal.
Smoke-free policy
Effective as of September 4, 2012, 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.
Drug, alcohol, and tobacco use
The New York State Legislature has made the possession or purchase of certain drugs without authorization a crime, including the selling or giving of alcohol to any “visibly intoxicated person.” The possession and consumption of alcohol is illegal under state law for those under 21 years of age, as is the selling of tobacco products to anyone under age 18. All members of the Brooklyn College community are expected to comply with these laws. No member of the academic community who may be liable for criminal prosecution and conviction will receive special consideration due to his or her status within the college. 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 the campus without college approval or knowledge. Disciplinary proceedings will be initiated against any member of the academic community who uses, possesses, sells, or transfers illegal drugs on campus.
The college recognizes the personal difficulties and complexities that are associated with drug and alcohol use. Members of the college community seeking help 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 years in drug and alcohol rehabilitation. An appointment for these services may be obtained by calling the Personal Counseling Office, 0203 James Hall, 718.951.5363. More information about the Brooklyn College and CUNY policies on drug, alcohol and other substance abuse and resources for assistance with abuse problems may be found online under the “Campus Info” tab on the BC WebCentral portal.
Freedom of information and process to access public records
Requests to inspect public records at the college should be made to the records access officer, 718.951.3118. Public records are available for inspection and copying by appointment only. If a request for access to records is denied, the requestor has a right to appeal to the CUNY general counsel and vice-chancellor for legal affairs. Copies of the CUNY Procedures for Public Access to Public Records and the appeal form are available at the reference desk of the Brooklyn College Library and online under the “Campus Info” tab of the BC WebCentral portal.
Policies Concerning Students and Faculty
Policies on submission of fraudulent or incomplete admissions materials
The submission of such documents in support of applications for admission as transcripts, diplomas, test scores, references or the applications themselves that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses or otherwise deceptive (collectively referred to as fraudulent documents) 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, whether the applicant received a degree or the courses were taken for credit, or whether 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 and its colleges have a variety of procedures for dealing with student-related issues, but those procedures generally do not cover student complaints about faculty conduct in the classroom or other formal academic settings. The university respects the academic freedom of the faculty and will not interfere with it as it relates to the content or style of teaching activities. At the same time, however, the university recognizes its responsibility to establish procedures for addressing student complaints about faculty conduct that is not protected by academic freedom and not addressed in other procedures. CUNY’s policy on student complaints about faculty may be accessed on the CUNY website.
Academic integrity
The CUNY Board of Trustees has adopted a policy on academic integrity that applies to all students at Brooklyn College. Academic dishonesty is prohibited and is punishable by penalties, including failing grades, suspension and expulsion. Cheating is the unauthorized use or attempted use of material, information, notes, study aids or devices or communication during an academic exercise. Plagiarism is the act of presenting another person’s ideas, research or writing as one’s own. Internet plagiarism includes submitting downloaded papers or part of term papers, paraphrasing or copying information from the Internet without citing the source, and cutting and pasting from various sources without proper attribution. The full text of the CUNY Academic Integrity Policy may be found on the CUNY website. Brooklyn College’s procedures for implementing the CUNY policy and other explanatory material may be found online under the “Campus Info” tab on the BC WebCentral portal.
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 recognizes that there is a concern among the university community that because information created, used, transmitted or stored in electronic form is by its nature susceptible to disclosure, invasion, loss and similar risks, electronic communications and transactions are particularly vulnerable to infringements of academic freedom. CUNY’s commitment to the principles of academic freedom and freedom of expression includes electronic information. Therefore, whenever possible, CUNY will resolve doubts about the need to access CUNY computer resources in favor of a user’s privacy interest.
However, the use of CUNY computer resources, including the use for electronic transactions and communications, like the use of other university-provided resources and activities, is subject to the requirements of legal and ethical behavior.
This policy is intended to support the free exchange of ideas among members of the CUNY community and between the CUNY community and other communities while recognizing the responsibilities and limitations associated with such exchange. The full text of the CUNY Policy on Acceptable Use of Computer Resources may be found on the CUNY website.
All users of computer resources are expected to act in a spirit of mutual respect and cooperation, and to adhere to the regulations for their use set forth below. Users of CUNY computer resources therefore:
Must have a valid authorized account to use computer resources and may use only those resources that are specifically authorized. Accounts may be used only in accordance with their authorized purposes.
Are responsible for safeguarding their computer account. Passwords should be changed frequently and not be disclosed to anyone. All necessary precautions should be taken to protect the account, no matter what type of computer resources are used.
May not circumvent system protection facilities.
May not knowingly use any system to produce system failures or degraded performance.
May not engage in unauthorized duplication, alteration or destruction of data, programs or software. Data, programs or software belonging to others may not be transmitted or disclosed; copyrighted material may not be duplicated.
May not engage in abusive or improper use of computer hardware. This includes, but is not limited to, tampering with equipment, unauthorized attempts at repairing equipment and unauthorized removal of equipment components.
May not use computer resources for private purposes, including, but not limited to, the use of computer resources for profit-making or illegal purposes.
May not use computer resources to engage in abuse of computer personnel or other users. Such abuse includes the sending of abusive, anonymous or unsolicited messages within CUNY or beyond via network facilities.
The use of college computer resources may be subject to college regulations. All students, faculty and staff members are expected to be familiar with these regulations.
The university reserves the right to monitor, under appropriate conditions, all data contained in the system to protect the integrity of the system and to ensure compliance with regulations. Any user who is found to be in violation of these rules shall be subject to the following:
suspension and/or termination of computer privileges;
disciplinary action by appropriate college and/or university officials;
referral to law enforcement authorities for criminal prosecution; and/or
other legal action, including action to recover civil damages and penalties
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 filesharing 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
The New York State Education Law provides that no student shall be expelled or refused admission to an institution of higher education 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.
If classes, examinations, or study or work requirements occur on Friday after 4 p.m. or on Saturday, similar or makeup classes, examinations, or study or work requirements will be made available on other days, where possible and practical. The faculty and the administration will not allow any adverse or prejudicial effects to accrue to students availing themselves of this regulation. If students have complaints about the application of this policy, they are entitled to bring action or a proceeding for enforcement of their rights in the Supreme Court of Kings County.
Nondiscrimination for students with disabilities
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 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.
Brooklyn College operates its programs and activities so that these programs and activities will provide meaningful accessibility to qualified students with disabilities and reasonable accommodation in delivery of educational and other services. This commitment is reflected in adjustments to academic and other activities and structural modifications to college facilities if this is required for accessibility and is fiscally reasonable and does not fundamentally alter the program or activity.
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 Programs, 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 a formal complaint in accordance with applicable procedures.
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 e-mail.
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, faculty, staff and other members of the university community. CUNY has a policy that deals with students’ behavior that is attributable to a medical condition and that presents a direct threat of harm to self or others or substantially disrupts the learning and working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount. Besides taking action to protect the security and safety of the campus community, a college may address the student’s conduct to determine whether action under this policy or under the student disciplinary process is appropriate. When a student’s conduct directly threatens or substantially disrupts the learning or working environment of others and appears to relate to a medical condition, the campus may, at its option, address the student’s conduct either in accordance with this policy or through the student disciplinary process. If the student’s conduct constitutes a threat solely to himself or herself, it should be addressed under this policy rather than the disciplinary process. This policy may be read in full on the CUNY website.
Policies Concerning Privacy and Student Records
Access to student records (FERPA procedures)
The college abides by provisions of the Federal Education Rights and Privacy Act (FERPA) of 1974, a federal law concerning the privacy of student records and the obligations of the institution, primarily regarding the release of records and access provided to records. 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.
Under these provisions, students have the right to be advised of what student records and information are maintained by the college, who maintains them, who has access to them and for what purposes, and of policies for reviewing and expunging student records, procedures for granting access to them and for challenging them, cost charged for copies, and other rights and requirements under the law. Students also have the right to deny access by others who have not obtained their written consent. Brooklyn College may disclose, without consent, directory information (student’s name, address, telephone number, e-mail address, date and place of birth, dates of attendance, major field of study, class, year or date of expected graduation, degrees and awards received, participation in officially recognized activities and sports, photograph, most recent educational agency or institution attended, and the height and weight of members of athletic teams) to persons having a legitimate interest in this information. Students may stipulate that any or all of the information above not be released without their written consent. Conversely, a student may request to allow disclosure of nondirectory information to specified individuals. To exercise either of these options, students must complete and submit a corresponding form that may be downloaded from the Privacy Statement webpage.
A student’s education records, other than information stated above, can be released without the student’s consent only to university officials — including trustees, college officials, faculty and staff — with 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.
A student who wishes to inspect and review his or her educational records may make the request to the student records access officer in the Office of the Registrar 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 15 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 15 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 he or she 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 should be changed. 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.
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.