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Maintenance of Public Order

Approved by the Board of Trustees of the Rockland Community College, State University of New York on December 18, 1980 superseding Board Policy adopted on July 2, 1969. Amended on October 29, 2009

Maintenance of Public Order

The following rules were adopted in compliance with Section 6450 of the Education Law and were filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and the Board of Regents within ten days after adoption.  Nothing herein is intended, nor shall 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, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the Rockland Community College campus and also with respect to any other premises or property, under the control of Rockland Community College, 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:

  1. Employ force or violence, including fire, theft, damage, or other behavior which constitutes an immediate threat of force or violence. This regulation will apply to the employment of or the threat of force or violence against persons or property, public or private.
  2. Use or possess unauthorized guns, or any other such materials, or utensils, or devices which may be construed as being weapons dangerous or detrimental to public order.
  3. Physically occupy a building or office, or other College related facility, for the purpose of, or with the result, of hindering others from its assigned or legitimate use.
  4. Physically block doorways, corridors, stairways, elevators, reception areas, driveways and roadways, walks, parking areas; or congregate so as to disrupt normal or legitimate use of College or private facilities or property.
  5. Disrupt classes or other normal or legitimate activities by volume of noise, nudity, obscenity, or other harassing tactics, violent or nonviolent.
  6. Incite to any of the herein mentioned actions, or to the disruption of any other normal or legitimate campus or College-supervised facility or activity, by word or deed constituting a clear and present danger.
  7. Conspire on or off campus regarding any of the herein mentioned actions or situations.
  8. Exert undue physiological pressure leading either to any of the herein mentioned actions, or to the prevention of others from using in a normal or legitimate manner any College facility, property or activity./li>
  9. Fail to obey legitimate College authorities, other designees or others acting in a lawful or legitimate manner in relation to any herein mentioned actions or situations.
  10. Fail to produce satisfactory identification when requested by legitimate or lawful authority.
  11. 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 alcohol or drugs for the purpose of initiation into or affiliation with any organization.

 

Freedom of Speech and Assembly; Picketing and Demonstrations

No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his/her views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.

 

Penalties

A person who violates any of the provisions of these rules shall:

  1. If he/she 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 premises. In the event of his/her failure or refusal to do so, he/she shall be subject to ejection.
  2. If he/she is a trespasser or visitor without specific license or invitation, be subject to ejection.
  3. If he/she 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 privileges, reprimand or warning.
  4. If he/she is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
  5. If he/she 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 prescribed in said section.
  6. If he/she is a staff member other than one described in paragraphs (4) and (5), be subject to dismissal, suspension without pay or censure.

 

Procedure

The Executive Vice President or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules that his/her 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 so, such officer shall cause his/her ejection from such campus or property. Nothing in this paragraph shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his/her liability to prosecution for trespassing or loitering as prescribed in the Penal Law.

In the case of a student, charges of violation of any of these rules shall be presented and shall be heard and determined in the manner established at the College for the disposition of charges which may lead to expulsion. In the case of a faculty member having a continuing or term of appointment, charges of misconduct in violation of these rules shall be made, heard and determined in accordance with the policies of Rockland Community College.

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 appointing authority.

 

Enforcement Program

The Executive Vice President shall be responsible for the enforcement of these rules and he/she 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 effect. It is not intended by any provisions 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 such persons, which, in the judgment of the Executive Vice President or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules. In any case where the violation of these rules does not cease after such warning and in other cases of willful violation of these rules, the Executive Vice President or his/her designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and shall initiate disciplinary action as herein before provided. The Executive Vice President or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules and he/she may request the College Counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violations of these rules.

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