6430 - General Provisions.

NY Educ L § 6430 (2019) (N/A)
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§ 6430. General provisions. 1. The trustees or other governing board of every college chartered by the regents or incorporated by special act of the legislature and which maintains a campus, unless otherwise provided, shall adopt written rules for implementing all policies required pursuant to this article and for the maintenance of public order on college campuses and other college property used for educational purposes and provide a program for the enforcement thereof. Such rules 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 shall govern the conduct of students, faculty and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such rules shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator his or her suspension, expulsion, or other appropriate disciplinary action, and in the case of an organization which authorizes such conduct, recision 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 law to which a violator or organization may be subject.

2. A copy of such rules shall be given to all students enrolled in said college and shall be deemed to be part of the by-laws of all organizations operating on said campus which shall review annually such by-laws with individuals affiliated with such organizations.

3. Each college shall annually file with the department on or before the first day of July a certificate of compliance with the provisions of this article.

4. If a college fails to file a certificate of compliance pursuant to subdivision three of this section within sixty days of the time required, such college shall not be eligible to receive any state aid or assistance until such certificate of compliance is duly filed.

5. Each college shall file a copy of all written rules adopted as required in this article with the department on or before the first day of July, two thousand four, and once every ten years thereafter.

6. Nothing contained in this article shall:

a. be construed to limit or restrict the freedom of speech and peaceful assembly; or

b. prevent or limit a college from setting forth additional standards of conduct for students.