New York State Education Law, Sections 6430-6435, requires all colleges and universities to adopt regulations for the "maintenance of public order on college campuses and other college property used for educational purposes and produce a program for the enforcement thereof." The law requires each college to file such rules and regulations with the New York State Education Department.
New York State Education Law Sections 6430-6435
The trustees or other governing board of every college chartered by the regents or incorporated by act of the legislature shall adopt rules and regulations for the maintenance of public order on college campuses and other college property used for educational purposes and produce a program for the enforcement thereof. Such rules and regulations shall prohibit, among other things, any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such rules and regulations shall govern the conduct of students, as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such rules and regulations shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, and in the case of a student violator his/her suspension, expulsion, or other appropriate disciplinary action and in the case of a student organization which authorizes such conduct, rescission of permission for that organization to operate on campus property. Such penalties shall be in addition to any penalty pursuant to the penal law or any other chapter to which a violator or organization may be subject. A copy of such rules and regulations shall be given to all students enrolled in said college and shall be deemed to be part of the bylaws of all organizations operating on said campus which shall review annually such bylaws with individuals affiliated with such organizations.
Academic freedom is essential to a university community. Freedom of speech and freedom of assembly are essential to academic freedom. Every member of the academic community should be free to pursue full involvement in the educational process of the university without interference from others. All members of the university community should be able to express their views by words and actions and to express by words and actions their opposition to the views and opinions of others. To preserve these rights all members of the university community have a responsibility to conduct themselves so that such rights may be exercised without interfering with the rights of others and without fear of violence or injury or interference.
The following rules and regulations are adopted to maintain public order on the university campus and other university property.
- Any act which would constitute a violation of federal, New York, or local law if committed off campus is prohibited on campus or on other university property.
- No unauthorized person or persons shall interfere with reasonable and free access to, exit from, and normal use of any university building, classroom, or other university premises.
- No unauthorized person or persons shall interfere with the freedom of movement or speech of any individual or group.
- When a speaker is the object of protest or controversy, no unauthorized person or persons shall take any sign or other demonstration impediments into the building where the speech is to take place.
- Every person who attends any lecture, speech, discussion, or public event shall treat all participants in an orderly and reasonably courteous manner.
- No unauthorized person or persons shall disrupt or interfere with classes, educational activities, or any events sponsored by any university officer or official, faculty group, or student group.
- No unauthorized person or persons shall utilize or threaten physical force, physical harassment, or physical obstruction.
- No person or persons shall use language or actions likely to provoke or encourage physical violence.
- No person or persons shall use, in public, language or gestures which are unreasonably abusive or obscene.
- No person or persons shall, without proper authority, occupy any university buildings or premises.
- No person or persons shall examine, disturb, or destroy university records without permission of the person authorized to deal with such records.
- No person or persons shall cause injury or damage to person or property.
- Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
- The possession of dangerous weapons, chemicals, explosive devices, or materials including, but not limited to, firearms, air guns, prohibited knives (such as switch knives, swords, daggers, gravity knives, throwing stars, and knives with blades more than three inches long), ammunition, slingshots, metallic knuckles, bows and arrows, fireworks, and bombs is prohibited.
- In addition to complying with the requirements of the foregoing specific regulations, which are not exhaustive, members of the academic community shall conduct themselves in a manner which does not unreasonably disrupt the academic community or unreasonably infringe upon the rights of others.
Procedures
When requested by the Dean of Students or designee, persons engaged in any demonstration, meeting, or other occasion on campus or on Institute property used for educational purposes, or on other Institute property shall identify themselves in a manner satisfactory to the Dean or designee. Only persons who are current students, faculty, and staff will be permitted to engage in such activities on RPI property and may only do so by complying with these procedures.
Only peaceful demonstrations are appropriate in an academic community and the Trustees are confident that no member or group of the Institute community will go beyond the bounds set by these regulations. To maintain the safety and to safeguard the interests of all members of the Institute community, any group or individual planning a demonstration must apply for Approval of Peaceful Demonstration to the Dean of Students Office at least seven (7) days prior to the proposed demonstration date and include its proposed location and the object of the intended protest, or other purpose. If a situation emerges for which a seven-day notice is neither appropriate nor practical, the Dean of Students shall exercise reasonable discretion by reviewing the application to reasonably assure student safety and to safeguard the interests of all members of the RPI community.
At any demonstration, meeting, or other occasion, judgment as to whether the regulations are being observed shall be made at the scene by the Dean of Students or designee. The Dean of Students or designee may, before making a judgment, consult with appropriate individuals at the scene who are not involved in the demonstration, meeting, or other occasion.
Responsibility for exercising such judgment shall rest solely with the Dean of Students or designee. It must be emphasized that judgment as to whether the regulations are being observed shall not be exercised by demonstrators, those demonstrated against, or spectators in contradiction to the expressed judgment of the Dean of Students or designee, except at the risk of such individuals.
If the Dean of Students or designee at the scene of any demonstration, meeting, or other gathering determines that one or more of the regulations are being breached, they will request the participants to modify their conduct to comply with the regulations, indicating briefly and informally the nature of the breach of regulations and the requested corrective action. All participants and spectators shall comply immediately, fully and cooperatively with the requests of the Dean of Students or designee.
Should any participant or spectator decline to comply with the requests of the Dean of Students or designee, they shall be subject to ejection from the campus and, in the case of students, faculty, and other staff, subject to disciplinary action by the university including suspension, expulsion, or other disciplinary action. Thereafter if, in the judgment of the President or any one of the President's designees, there appears to be a clear and present danger of injury to person or property, or disruption of university operations is threatened, the President or designee shall seek the aid of Public Safety, the courts, or other civil authority in maintaining or restoring order including, when appropriate, ejection of the violators from the campus or other Institute property.
Hearings and Disciplinary Action
If any student, group of students, or student organization becomes subject to disciplinary action as provided for in these rules and regulations, steps shall be taken to determine whether:
- The regulations have been breached; or
- The person(s) so violating willfully disobeyed any reasonable request of the Dean of Students or designee.
- In the case of a student, group of students, or organization comprised primarily of students, all alleged violations of the rules will be adjudicated within RPI's Judicial System in accordance with its procedures which are published by the Institute.
- No person who was involved in any incident which is the subject of a disciplinary hearing shall sit in judgment.
- Nothing in these rules shall prevent an informal discussion and settlement of an incident through normal administrative procedures if the alleged violator shall request such informal settlement in writing. Settlement of such informal discussion shall provide for expulsion, suspension, rescission of permission for an organization to operate on public property, or other appropriate disciplinary action. Informal settlement shall not bar the right of appeal.
- Violations alleged against members of the faculty shall be adjudicated in accordance with the Faculty Handbook.
- Violations alleged against staff members shall be adjudicated in accordance with the Human Resources Policy Guidelines.
Members of the Institute community are as citizens subject to penalties. In addition, they are subject to rules pertinent to the Institute community. Therefore, any student may be subject to disciplinary action, as provided herein, in addition to such penalties as may be imposed by civil authorities. If visitors, licensees or invitees, or other persons who are not members of the academic community shall decline to comply with the request of the Dean of Students or designee or to comply with these rules, such persons shall be advised that they are no longer welcome on campus or on other Institute property and shall be requested to leave. If such persons fail to comply with such request, the President or the President's designees may resort to the courts or other civil authority to enforce the request.