Laws, Policies and Regulations Governing Campus Life

University Police Department (UPD)

The quality of life on campus is critical to achieving quality education.

• The goal of the campus community is academic achievement. To realize that goal there must be a safe, secure and attractive environment with a positive social atmosphere.
• The goals and functions of the University Police Department (UPD) are service to the community, protection of life and property, prevention of crime, resolution of conflict, and enforcement of state and local laws, all of which are geared to help provide a positive social atmosphere.
• As part of the academic community and charged with the responsibility of maintaining an atmosphere conducive to education, the University Police Department (UPD) strives to combine “law and order” with harmony and humaneness.
• “Public education” and “community relations” are as important as “service and protection.” Here at SUNY Old Westbury, we stress that all officers be aware of and appreciate the uniqueness of the College, and the diverse community that it serves.
• The UPD Headquarters building is located in the Northern area of the Student Union parking lot.
• UPD is available 24 hours per day and can be reached at (516) 876-3333.

Identification (I.D.) Cards - Panther Center

• A valid College I.D. card (Panther Card) is the official SUNY Old Westbury identification for all students, faculty, staff and other employees. It must be carried at all times when on the campus of SUNY Old Westbury. It is nontransferable and must be presented, on request, to all College officials and University Police Department (UPD) officers. The Panther Card also serves as the campus’ multifunctional one card. It must be shown when requesting services of College Notaries Public, for entry into student activities, recreation areas, athletic contests, residence halls and when seeking access to SUNY property.
• Students are entitled to one free Panther Card (RH1) during their first semester only. Any student failing to obtain a Panther Card during the first semester will be required to pay a fee of $15.00. Replacement card fees for lost or stolen cards are $15.00 for the first replacement, $25.00 for the second, and $50.00 for the third and subsequent replacements. The cardholder is responsible for deactivating the card online through the Old Westbury portal. The Panther Card is void upon termination, interruption of enrollment, at the end of contract obligation to the College or separation from College service, and must be surrendered to the Panther Center Office (Room H-140, Campus Center (RH2)) as part of the exit procedure for both permanent and temporary personnel. A receipt obtained from the Panther Center must be presented to the Personnel Office prior to the release of an employee’s final paycheck (RH3).
• The Panther Card program is administered by the College’s Auxiliary Service Corporation. Cards are available in Room H-140 in the Campus Center.

Vehicle Registration (Parking Permits)

All vehicles parked on campus must display a registration decal. The decal can be purchased online at a location identified on the College’s website. All vehicles utilized on campus must be properly registered, inspected, and insured pursuant to the vehicle and traffic laws of New York State.

The University Police Department (UPD) acknowledges and honors all handicapped parking permits issued by governmental authorities. The department issues only 14-day temporary handicapped permits to employees. Students and staff requiring temporary handicapped permits must report to the Student Health Service located in the Campus Center for approval by that office. Members of the college community who feel they require full-time handicapped parking should contact the Office of the Physically Challenged in their local community.

Check the blue pages in your telephone directory for the number.

College Campus Safety Report

Each year SUNY Old Westbury prepares a College Annual Security and Fire Report that addresses issues of safety and security at the College. This annual report includes crime reporting, drug and alcohol policies, daily crime log, crime prevention, disciplinary process, resident hall security, sexual assault and harassment policies, victim’s rights, crime identification, campus crime statistics, fire safety and other topics pertaining to campus safety. The document is available by October 1 of each year in hard copy at University Police Headquarters and from many other offices throughout the campus. It can also be accessed through the College’s Web Site at www.oldwestbury.edu, by going to the home page, clicking on Student Life - go to Services and click on University Police and then click on Safety Reports.

Campus Codes and Policies

Code for Student Conduct

SUNY Old Westbury expects that all students will conduct themselves lawfully, maturely, and responsibly. The College’s Code for Student Conduct is intended to protect the rights, personal security, and property of individuals and groups within the College community as well as the College community as a whole. Further, its intent is to restrain behavior which is detrimental to learning or contrary to the goals of the College. The Code of Student Conduct informs members of the College community of the conduct expected, prohibited conduct, disciplinary procedures and sanctions applicable for violations of this Code. The Code for Student Conduct may be found in its entirety at www.oldwestbury.edu. This Code is applicable to all students of the College. Students of the College are those who are registered for classes. In addition to this Code, there are specific rules and regulations for resident students which can be found in the Guide to Campus Living.

Drug & Alcohol Policy

The consumption and/or possession of drugs and alcohol are prohibited at SUNY Old Westbury. Procedures and sanctions for violation of this policy will be in accordance with The Code for Student Conduct, which can be found in its entirety at www.oldwestbury.edu.

Bias/Hate Crimes on Campus

It is a State University of New York at Old Westbury University Police mandate to protect all members of the College at Old Westbury community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activities motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics such as race, religion, ethnicity, gender, sexual orientation, or disability. Hate based crimes have received renewed attention in recent years, particularly since the passage of the Federal Hate/Bias Crime Reporting Act of 1990 and the New York Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the law are available in the Office of the University Police at the college.

Committee on Animal Experimentation

The College has an Institutional Animal Care and Use Committee (IACUC) whose function is to ensure animal welfare. Thus, experimentation involving animals must be approved by this group. Committee membership is consistent with state and federal guidelines.

Acceptable Use of College Technology Resources

POLICY It is the mission and the established practice of SUNY Old Westbury to provide employees and students access to electronic information and services, computing facilities, networks and other technology resources. Activities related to the College’s mission take precedence over computing pursuits of a more personal or recreational nature. Any use that disrupts the College’s mission is prohibited. This policy respects privacy rights of the College’s constituents including the right of employees to be free from intimidation, harassment, and unwarranted annoyance. All users of College’s computing resources must adhere to the requirements and procedures of this policy.

PURPOSE AND SCOPE SUNY Old Westbury’s technology infrastructure exists to support the institutional and administrative activities needed to fulfill the College’s mission. Access to these resources is a privilege that should be exercised responsibly, ethically and lawfully. This policy delineates the role each employee plays in protecting the College’s information assets and outlines the minimum expectations for meeting these requirements. Fulfilling these objectives will enable the College to implement a comprehensive systemwide Information Security Program. This policy applies to all users of computing resources that are owned, managed or otherwise provided by SUNY Old Westbury. Individuals covered by this policy include but are not limited to all workforce employees and service providers with access to the College’s computing resources or facilities. Computing resources include all College owned, licensed or managed hardware and software, E-mail domains, and other services. This policy also applies to any use of the College’s network via a physical or wireless connection, regardless of the ownership of the computer or device connected to the network.

Email as Official Means of Communication

The College provides students with an email account upon the student’s acceptance to the institution. This account is free of charge and is active as long as the student is actively pursuing a degree at the College. A College-assigned student email account is the College’s official means of communication with all students. The College has established these accounts with the full expectation that students will receive, read and respond (as necessary) timely to emails. Students are responsible for all information sent to them via their College-assigned email account. Students who choose to have their email forwarded to a private (unofficial) email address outside the official College network address, do so at their own risk.

Institutional Review Board

The Institutional Review Board (IRB) is the College’s federally registered body that monitors and approves research involving human subjects. The mission of the IRB is to facilitate ethical research involving human subjects, and has final authority on whether activities are exempt from IRB review, eligible for expedited review, require full IRB review, require modification, are approved or disapproved. Any member of the Old Westbury community who is conducting research involving human subjects must obtain IRB approval before beginning the activity; IRB approval is also necessary for any research activity that uses Old Westbury students as research subjects, regardless of researcher affiliation. Please note: retroactive approval is prohibited by Health and Human Services federal regulations.

Visit the IRB web pages (http://www.oldwestbury.edu/irb) for more information and for application materials.

Consent to Use of Images for Publicity/Promotional Uses

Registration as a student and attendance at or participation in classes and other campus and College activities constitutes an agreement by the student to the College’s use and distribution (both now and in the future) of the student’s image or voice in photographs, videotapes, online and social media, electronic reproductions, or audiotapes of such classes and other campus and College activities. Questions related to this policy should be directed to the Office of Public and Media Relations. This statement reflects the complete College policy on this subject.

Non-Discrimination / Anti-Harassment Policy

SUNY Old Westbury is committed to an educational and employment environment in which all individuals are treated with respect and dignity. Each individual has the right to work or study in a professional atmosphere that promotes equal treatment and prohibits discriminatory practices, including harassment. Therefore, the College expects that all relationships among persons at the College will be professional and free of bias, prejudice and harassment.

It is the policy of the College to ensure equal treatment without discrimination or harassment on the basis of race, color, national origin, religion, sex, age, disability, citizenship, marital status, sexual orientation or any other characteristic protected by law. The College prohibits and will not tolerate any such discrimination or harassment.

Definitions of Harassment

1. Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic treatment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or study performance or creating an intimidating, hostile or offensive working or learning environment.
   Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation on the campus of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature.
2. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, sex, national origin, age, disability, citizenship, sexual orientation, marital status or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (1) has the purpose or effect of creating an intimidating, hostile or offensive work or study environment; (2) has the purpose or effect of unreasonably interfering with an individual’s work or study performance; or (3) otherwise adversely affects an individual’s employment or learning opportunities.
   Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation on the campus of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail).

Individuals and Conduct Covered

These policies apply to all applicants, employees and students, and prohibit harassment, discrimination and retaliation with respect to employment, programs or activities at the College, whether engaged in by fellow employees, supervisors or managers, faculty members or students or by someone not directly connected to the College (e.g., an outside vendor, consultant or customer).

Conduct prohibited by these policies is unacceptable in the workplace/classroom and in any college-related setting outside the workplace/classroom, such as during business (college) trips, business (college) meetings and business (college)-related social events.

Retaliation is Prohibited

The College prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be the subject of disciplinary action.

Complaint Procedure

Reporting an Incident of Harassment, Discrimination or Retaliation

The College strongly urges the reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct that they believe is contrary to the College’s policy or who have concerns about such matters should file their complaints with the College’s Affirmative Action Officer/Title IX Coordinator, Assistant to the President for Administration or the College President or any member of supervision or faculty member the individual feels comfortable with who is then obligated to report the complaint to the Affirmative Action Officer/Title IX Coordinator, Assistant to the President for Administration, or the College President. Individuals should not feel obligated to file their complaints with their immediate supervisor - or a member of supervision - before bringing the matter to the attention of one of the other of the College’s designated representatives above. Individuals who have experienced conduct they believe is contrary to this policy have a legal obligation to take advantage of this complaint procedure. An individual’s failure to fulfill this obligation could affect his or her right to pursue legal action.

Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment, discrimination or retaliation. The College strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.

The Investigation

Any reported allegations of harassment, discrimination or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

Responsive Action

Misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately. Individuals who have questions or concerns about these policies should talk with the College’s Affirmative Action Officer/Title IX Coordinator.

Finally, these policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business, academic or work-related social activities or discussions in order to avoid allegations of harassment. The law and the policies of the College prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment/ education. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

Contact Information:

Mailing Address: State University of New York College at Old Westbury, P.O. Box 210, Old Westbury, New York 11568-0210.

Federal and State Regulations

The Rules and Regulations for Maintenance of Public Order

The Rules and Regulations for Maintenance of Public Order of State Operated Institutions of the State University of New York were adopted by the SUNY Board of Trustees in compliance with the Educational Law of the State. These rules are applicable to all institutions of the State University system and take precedence over any local codes adopted by the individual colleges and universities in the SUNY system. These rules can be found in their entirety at www.oldwestbury.edu.

Education Law

224 a. Students unable because of religious beliefs to attend classes on certain days.

1. No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that s/he is unable, because of religious beliefs, to attend classes or to participate in any examination, study or work requirements on a particular day or days.
2. Any student in an institution of higher education who is unable, because of religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.
3. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school because of religious beliefs, an equivalent opportunity to make up any examinations, study or work requirements which s/he may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.
4. If classes, examinations, study or work requirements are held on Friday after four o’clock post meridian or on Saturday, similar or makeup classes, examinations, study or work requirements shall be made available on other days, where it is possible and practical to do so. No special fees shall be charged to the student for these classes, examinations, study or work requirements held on other days.
5. In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of her/his availing herself/himself of the provisions of this section. 6. Any student who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this section shall be entitled to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of her/his rights under this section

Family Educational Rights and Privacy Act of 1974 (FERPA)

Access to Student Records

The College’s policy follows the spirit and letter of all federal and state laws concerning access to student records. Within certain statutory limitations, students, upon reasonable notice, may review their “education records” containing information directly related to themselves. Students will be afforded an opportunity to challenge the accuracy of factual information in their records.

In the event a student challenges a record, the student will be offered a hearing by a College official who has no personal involvement in the matter challenged and shall receive a decision in writing within a reasonable time (not more than 45 days) after the conclusion of the hearing. Should the student fail to appear at the hearing or request an adjourned hearing date prior to the date set for the hearing, a decision shall be issued based on the facts available. Students wishing to inspect their records shall direct their requests to the office responsible for those records.

Student information, other than directory information will not be released to a third party without the notarized consent of the student to the office housing the requested records, with the following exceptions:

• The College will cooperate with all legal authorities in every way appropriate, in accordance with all federal and state laws. The office receiving a request for such cooperation shall immediately seek approval for the release of the requested information from the Records Access Officer.
• The University discloses education records without a student’s prior written consent under the Family Educational Rights and Privacy Act of 1974 FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff or a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials); a person serving on the Board of Trustees; SUNY System Administration employees or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.

Although the following are part of the educational record, students do not have access to:

• Letters or statements of recommendation submitted in confidence for school records prior to January 1, 1975, provided these records are not used by the school for other than the original intended purpose. • Financial records of the parents of the students or any information directly related to the parents’ financial status. Problems or issues concerning access to students’ records, should be directed to the Registrar, Campus Center, Room I-102. The Family Educational Rights and Privacy Act is available for review on the WEB at www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
• “Directory information” includes information relating to a student’s name, address, e-mail address, date and place of birth, major field study, dates of attendance, honors designation and earned degrees. The parent of a dependent student or an eligible student who wishes to restrict access to “directory information” with respect to that student must inform the Office of the Registrar in writing, within 15 days after the start of each semester.

Public Health Law

New York State Public Health Law (Sections 2165& 2167) require proof of immunity to measles, mumps and rubella for students attending colleges and universities in New York State. Additionally, registered students are required to comply with meningitis guidelines requiring vaccinations within the past five (5) years or proof of a signed declination/ waiver.

Students born on or after January 1, 1957, who plan to register for at least six (6) semester hours will be required to provide proof of immunity against measles, mumps and rubella in accordance with standards approved by the New York State Department of Health.*

Limited exceptions are granted for students who hold “genuine and sincere religious beliefs” that are contrary to immunization, and for students for whom immunization would be physically detrimental or otherwise medically contra-indicated. Although students enrolled for fewer than six (6) semester hours are exempt from these requirements, immunization is strongly encouraged by public health officials.

When the college is required to exclude a student from campus either because of noncompliance with the stated immunity requirements (or in the case of an epidemic when medically and religiously exempt students will be similarly excluded), the College will not be responsible for any effect on the excluded student’s academic progress, and the student will incur tuition and, if applicable, room and board liability as stated in the SUNY Guidelines. Copies of the College’s immunization policy and procedures are available in The Student Health Center which is located in the Campus Center, I-Wing, first floor.

*New York State Standards: Proof of immunity to measles will be defined as two doses of measles vaccine on or after the first birthday and at least 28 days apart (preferably three months), physician-documented history of disease, or serologic evidence of immunity. Proof of rubella immunity is documented by one dose of rubella vaccine on or after the first birthday or serologic evidence of immunity. Proof of mumps immunity is documented by one dose of mumps vaccine on or after the first birthday, a physician-documented history of disease, or serologic evidence of immunity.

Records of immunizations should include the date the vaccine was administered, type, manufacturer and lot number of vaccine and signature of persons administering the vaccine e stamped with their address and title.

“Directory information” includes information relating to a student’s name, address, e-mail address, date and place of birth, major field study, dates of attendance, honors designation and earned degrees. The parent of a dependent student or an eligible student who wishes to restrict access to “directory information” with respect to that student must inform the Office of the Registrar in writing, within 15 days after the start of each semester.