Article 3c: Supplement to the Board of Trustees Rules (Article XX)

*Title A: DISRUPTION
A person is guilty of disruption when he or she, by action, by threat, or otherwise:

1. interferes with university activities; or
2. obstructs university activities.

Title B: UNAUTHORIZED ENTRY
No person shall break into or illegally enter any university building or room; nor shall any person enter or remain in any private room or office of any student, faculty member, administrative officer, or other person on university property without the express permission of the persons authorized to use or live in that room; nor shall any unauthorized person enter or remain in any university building or facility at a time when that facility normally is closed or after the facility has been closed because of special or unusual circumstances. University facilities include, but are not limited to, the following: buildings, parking lots, athletic fields and all campus areas.

Title C: THEFT AND DESTRUCTION OF PROPERTY
1. No person shall take, steal, burn, destroy or otherwise damage any property not his or her own, on the university campus or on any university property.
2. No person, in any manner whatsoever, shall deface walls of any structure of the university, either on the inside or the outside of said structure. This includes the use of paints, posters, and advertisements affixed in any areas other than those designated for such purposes.
**3. No person shall knowingly harbor or possess stolen property while on or residing at the university campus.

* Approved by University Council September, 1975 Board of Trustees August 1, 1976
** Approved by the Council of the State University of New York at Buffalo on May 28, 1981 and approved by the Board of Trustees, September 23, 1981.

Title D: PHYSICAL ABUSE AND HARASSMENT
A person is guilty of physical abuse and harassment when:
1. he or she intentionally assaults, strikes, threatens, or intimidates any person; or
2. he or she engages in a course of conduct, over any period of time, or repeatedly commits acts which alarm or seriously annoy another person and which serve no legitimate purpose; or
3. he or she creates a condition which unnecessarily endangers or threatens the health, safety, or well-being of other persons or of other property on university property.

Title E: DANGEROUS WEAPONS AND EXPLOSIVES
1. It is a violation of New York State Law and/or University Regulations for a person to possess a rifle, shotgun, firearms, ammunition, firecrackers, or explosives in or upon the buildings or grounds of the university without appropriate written authorization from the appropriate university official. This includes roman candles or similar combustibles or explosives.
2. No person, either singly or in concert with others, shall possess and carry, on any grounds or in any building of the university, an airgun, or other instrument or weapon in which the propelling force is air, knife, dirk, stiletto, sabre, cudgel, bludgeon, club, slingshot, or other thing adaptable to the purpose of a weapon, including batons, canes or similar articles, excluding only orthopedic aids, athletic equipment, and project or construction materials and tools on proof of a proper specific use or purpose on the day in question.
3. No person hired for purposes of enforcing security, whether in lieu of or in addition to department of University Police officers, may have in his or her possession in or upon the buildings and grounds of the university any firearm or other deadly weapon without specific written authorization from the University official empowered to give such authorization

Title F: PICKETING AND DEMONSTRATIONS
1. In regard to on-campus student actions and demonstrations that tend to endanger life, public or private property or to violate local, State or Federal laws, each student will take the consequence of his or her own actions as an individual before the law, as well as being referred to the appropriate university disciplinary body. The cost of any damage to public or private property must be borne by those legally responsible.
2. All members of a University community must share the responsibility for maintaining a climate in which diverse views can be expressed freely and without harassment.
3. The State University of New York at Buffalo has traditionally supported the right of its students, faculty and staff to peaceful protest. Always implicitly is the understanding that demonstrators will not interfere with or violate the rights of others. It is the obligation of all to assist in maintaining order and to assure courteous reception of any campus speaker or visitor.
4. The following pertains to the conduct of those members of the university community who feel compelled to express their dissent through picketing and other forms of demonstration:

(a) Picketing and demonstrating must be orderly at all times and should in no way jeopardize public order or safety or interfere with the university's programs.
(b) Picketing or demonstrating must not interfere with entrances to buildings or the normal flow of pedestrian or vehicular traffic.
(c) Those involved in picketing or demonstrating may not interfere by mingling with organized meetings or other assemblies for the purpose of harassment, since this invades the rights of others to assemble and the rights of speakers to free expression.
(d) Picketing or demonstrating may not obstruct or physically interfere with the integrity of the classroom, the privacy of the residence halls, or the functioning of the physical plant.

Title G: LOITERING AND TRESPASSING ON UNIVERSITY GROUNDS OR IN UNIVERSITY BUILDINGS
1. Any person not a student, employee, guest of a student or an employee, or the parent or legal guardian of a student in attendance at the university, who loiters in or about any university building or any part of university grounds without written permission from the president, custodial or other person in charge thereof, or in violation of posted rules or regulations governing the use thereof, shall be guilty of trespass. Regulations on each campus shall include the manner by which campus visitations by non-students shall be developed in accordance with the Penal Law.
2. Under New York Penal Law, Section 240.35, subdivision 5, a person is guilty of loitering when he or she loiters or remains in or about a school, college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student or any specific, legitimate reason for being there, and not having written permission from any person authorized to grant the same.
3. Under New York Penal Law, section 140.05, a person is guilty of trespassing when he or she knowingly enters or remains unlawfully in or upon premises. Trespass is a "violation" punishable by a fine, or imprisonment of up to 15 days.
4. Under New York Penal Law Section 140.10 a person is guilty of criminal trespass in the third degree when he or she knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders. This is a Class B Misdemeanor.

Title H: SANCTIONS
1. Sanctions shall be at the discretion of the judicial body and shall be limited only by the rules governing the University disciplinary bodies. (For a list of specific sanctions which may be invoked, consult the procedures for each specific University Disciplinary Body. Copies of the procedures of the Student-Wide Judiciary are available in the Office of the Director of Judicial Affairs, Room 252 Capen Hall, North Campus.)

2. The judicial bodies have the power to institute and/or recommend* the following range of sanctions:

A. Warning.
B. Restitution.
C. Counseling
D. Loss of privileges.

(1) Removal from University housing facilities.
(2) Loss of such privileges as may be consistent with the offense committed and the rehabilitation of the student.

E. Disciplinary probation with or without the loss of designated privileges for a definite period of time. The violation of the terms of disciplinary probation or the infraction of any University rule during the period of disciplinary probation may be grounds for suspension or expulsion from the University.
F. Suspension from the University for a definite or indefinite period of time.*
G. Expulsion from the University.*
H. Community Service.
I. Permanent Transcript Notation - A student transcript will be subject to disciplinary notation for the following reasons:

1. Hazing
2. Other serious violations which may include, but are not limited to, physical violence, weapons possession, drug or alcohol sale, arson, or any conduct that could lead to the death or physical injury of another person.

If a student is found responsible for hazing, a notation of "disciplinary sanction" along with the date the sanction is imposed, will remain on his or her transcript permanently.

If a student is suspended from the University at Buffalo for a period of one calendar year or longer, a notation of "suspension-disciplinary" along with the date the suspension is imposed, will remain on his or her transcript permanently.

If a student is dismissed from the University at Buffalo a notation of "expulsion-disciplinary" along with the date the expulsion is imposed, will remain on his or her transcript permanently.

Students who receive a permanent transcript notation for suspension or expulsion will not receive academic credit for the semester in which the suspension or expulsion occurred. In addition, students will be liable for all tuition and fees.

J. Such other sanctions as may be approved by the University's judicial bodies.
K. More severe sanctions will result for repeat offenders.

Administrative Review/Withdrawal

1. A student may be subject to an immediate administrative hearing OR an administrative review process, both of which could result in an involuntary administrative withdrawal from the University, or from University housing, if it is determined, by clear and convincing evidence, that the student is suffering from a psychological, emotional, or medical condition or disorder, and as a result:

(a) engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others, or
(b) engages, or threatens to engage, in behavior which would cause significant property damage, or directly and substantially impede the lawful activities of others.
(c) engages or threatens to engage in behavior which would cause significant and/or repeated disruption to the University community.

2. These standards do not preclude removal from the University, or University housing, in accordance with provisions of the residence hall occupancy agreement, or other University rules or regulations.

3. A student accused of violating University disciplinary regulations may be diverted from the disciplinary process and withdrawn in accordance with these standards, if the student, as a result of mental disorder:

(a) lacks the capacity to respond to pending disciplinary charges, or
(b) did not know the nature or wrongfulness of the conduct at the time of the offense.

4. The Vice President for Student Affairs or designee may also convene a Behavior Evaluation Committee, to consist of as many of the following as are appropriate and available to serve: member of Counseling Services professional staff, member of Student Health Services professional staff, member of University Residence Halls & Apartments professional staff (if student is an on-campus resident), member of University Police professional staff, member of the Judicial Affairs professional staff and any other individual(s) whom the Vice President believes can provide significant input regarding the student. The Behavior Evaluation Committee, in consultation with a health care professional who has evaluated the student, will meet to review the student's situation and recommend that:

(a) no action be taken.
(b) advisement of student about services available, on campus or within the community, to resolve psychological, emotional, or medical difficulties.
(c) advisement of student on voluntary withdrawal from the University and/or residence halls.
(d) involuntary administrative withdrawal process be initiated.

5. The Vice President for Student Affairs or designee may refer a student for evaluation by a University psychiatrist, psychologist, or other appropriate health care professional if the Vice President or designee reasonably believes that the student may be suffering from a psychological, emotional, or medical condition or disorder, and the student's behavior poses a danger of causing physical harm to the student or others, causing property damage, or impeding the lawful activities of others.

6. Students referred for evaluation in accordance with this Part shall be so informed in writing, either by personal delivery or by certified mail, and shall be given a copy of these standards and procedures. The evaluation must be initiated within five business days from the date of the referral letter, unless an extension is granted by the Vice President or designee in writing.

7. Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the Vice President for Student Affairs.

8. A student who fails to complete the evaluation in accordance with these standards and procedures may be withdrawn on an interim basis, or referred for disciplinary action, or both.

9. An interim administrative withdrawal may be implemented immediately if a student fails to complete an evaluation, as provided by these standards and procedures. Also, an interim withdrawal may be implemented immediately if the Vice President for Student Affairs or designee determines that a student may be suffering from a mental, psychological, emotional, or medical condition or disorder, and as a result, the student's behavior poses an imminent danger of:

(a) causing serious physical harm to the student or others, or,
(b) causing significant property damage, or directly and substantially impeding the lawful activities of others.

10. A student subject to an interim withdrawal shall be given written notice of the withdrawal either by personal delivery or by certified mail, and shall be given a copy of these standards and procedures. The student shall then be given an opportunity to appear personally before the Vice President for Student Affairs or a designee, upon request, immediately after the interim withdrawal, in order to review the following issues only:

(a) the reliability of the information concerning the student's behavior;
(b) whether or not the student's behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage, or directly and substantially impeding the lawful activities of others;
(c) Whether or not the student has completed an evaluation, in accordance with these standards and procedures.

11. A student subject to interim withdrawal may be assisted in the appearance before the Vice President for Student Affairs by a family member, a licensed psychologist or psychiatrist, a health care professional, or a member of the campus community. The student may be accompanied by legal counsel, although the role of counsel will be limited to providing legal advice to the student.

12. An informal hearing will be held within five business days after the student has been evaluated by the appropriate mental health care professional. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by Vice President for Student Affairs or designee.

13. Students subject to an involuntary withdrawal shall be accorded an informal hearing before the Vice President for Student Affairs, or a designee. The following guidelines will be applicable:

(a) Students will be informed of the time, date, and location of the informal hearing, in writing, either by personal delivery or certified mail, at least two business days in advance.
(b) The entire case file, including an evaluation prepared pursuant to these standards and procedures, and the names of prospective hearing participants, will be available for inspection by the student in the Vice President for Student Affairs office during normal business hours. The file, which should be available at least two business days before the informal hearing, need not include the personal and confidential notes of any institutional official or participant in the evaluation process.
(c) The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The Vice President for Student Affairs or designee shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.
(d) The student may choose to be assisted by a family member and a licensed psychologist or psychiatrist, a health care professional, or by a member of the campus community. The student may be accompanied by legal counsel, although the role of counsel will be limited to providing legal advice to the student.
(e) Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.
(f) The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
(g) The health care professional who prepared the evaluation pursuant to these standards and procedures may be expected to appear at the informal hearing, and to respond to relevant questions, upon request of any party, except for legal counsel.
(h) The Vice President for Student Affairs or designee may permit university officials, to appear at the informal hearing and to present evidence in support of any withdrawal recommendation, if the Vice President or designee determines that such participation is essential to the resolution of the case.
(i) The informal hearing shall be tape recorded by the Vice President for Student Affairs or designee. The tape(s) shall be kept with the pertinent case file for as long as the case file is maintained by the institution.
(j) A written decision shall be rendered by the Vice President for Student Affairs or designee within five business days after the completion of the informal hearing. The written decision, which will be mailed certified or personally delivered to the student, should contain a statement of reasons for any determination leading to involuntary withdrawal. The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement.
(k) The decision of the Vice President for Student Affairs or designee shall be final and conclusive and not subject to appeal.

14. Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result.

Related Sites

None at this time