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  Aug 17, 2017
 
 
    
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2014-2015 School of New Resources [ARCHIVED CATALOG]

Student Rights, Policies and Regulations



The students, faculty, and staff members of The College of New Rochelle School of New Resources are all members of a learning community with a rich history. As in any community, there are rights, policies, and regulations which govern the conduct of each individual. In this section, the regulations that pertain to student behavior are listed and the processes which ensure student rights are explained.

Student Code of Conduct

The following actions are considered to be contrary to the expected norms of student behavior and are subject to disciplinary action:

  • Violations of any College regulation or College policy as stated in College catalogs and other publications, or posted on official College bulletin boards.
  • Illegal possession, sale, or use on campus of marijuana, hallucinogens, or any of the other drugs proscribed by the penal law.
  • Illegal possession, sale, distribution, or use on campus of alcohol as proscribed by law.
  • Possessing, serving, or consuming alcohol, except at functions registered with and approved by the Campus Director, and intoxication or abuse of alcohol.
  • Harassment and/or abuse (verbal, physical or sexual) of another person or creating substantial risk of same to another person on campus.
  • Engaging in racist, sexist, bias-related, or other forms of discriminatory behavior.
  • All forms of dishonesty such as cheating, plagiarism, supplying false identification, etc.
  • The obstruction or disruption of teaching activities or other College operations or functions.
  • Interference with lawful exercises of freedom of speech, freedom of movement, or freedom of peaceful assembly.
  • Theft of or damage to College property or the property of another while located on the campus.
  • Forgery, alteration, or misuse of College documents, records or identification.
  • Unauthorized entry or use of College facilities as well as unauthorized possession, use or duplication of keys and/or cards to College facilities.
  • Tampering with or misusing fire alarms, fire fighting equipment, safety equipment, or electrical or mechanical equipment in any building.
  • Possession or use of firearms or other dangerous weapons or items on campus.
  • Failing to comply with the written or verbal directions of clearly identified College personnel in the performance of their assigned duties, or failing to produce proper identification (ID Card) when requested by an official representative of the College.
  • Any action or omission on campus creating a substantial risk of injury to self or another.

Grievance Process

A grievance is a matter of serious neglect, mismanagement, or mistreatment about which a student may wish to lodge a formal complaint. Should such a situation arise, it is recommended that a discussion take place with the person immediately involved. If this interview does not resolve the problem in a satisfactory manner, then the student should make an appointment to review the problem with the person’s supervisor.

For example, if a student has a grievance with a faculty member or staff person, the student should discuss it with that faculty or staff person. If this discussion is not satisfactory, the student should address the matter with the Campus Director. If the matter is still unresolved, it should be communicated to the Dean of the School of New Resources.

Student Judicial Process

  1. Introduction
    The College of New Rochelle has established the Student Judicial Process to pursue violations of College policies and standards of behavior. Written incident/infraction reports may be submitted to the Office of the Vice President for Student Services or designee by any member of the College Community.
    The Vice President for Student Services or her designee will review the report and notify the accused student that a report has been filed. The Vice President for Student Services or designee will then meet with the accused student. At the meeting, the student will be advised of the incident/infraction report and her/his rights. If the student(s) accepts responsibility for the reported incident/infraction, a sanction hearing may be held. Otherwise, the case will then be turned over to an administrative hearing, a hearing panel, or referred to mediation as provided in Section IV. The hearing outcome will be reported to both parties in writing within two (2) days of the hearing. The decision of the hearing is final except where an appeal is permitted under Section VI.
     
  2. Administrative Hearing
    An administrative hearing and/or sanction hearing may be held by the Vice President for Student Services or her designee.
     
  3. The Hearing Panel
    A hearing panel will consist of no less than three and no more than five members. The panel must consist of at least one student, one faculty member and one administrative staff member from the school in which the accused student is enrolled. The members of the panel, including the chairperson of the panel, will be appointed by the Vice President for Student Services or by her designee. The chairperson will be in charge of the proceedings before the panel.
     
  4. Mediation Cases
    In order for a case to be submitted to mediation the Vice President for Student Services or her designee must decide that the matter is appropriate for mediation and the individual or parties must agree to mediation and that they will be bound by the decision or contracts established.
    The mediation process will involve a meeting between the student or students involved in the case and the Vice President for Student Services or her designee to negotiate a solution to the concerns of either or both parties. All proceedings of the mediation will be kept confidential and no record, except the contracts between the parties, will result. If mediation is unsuccessful, the hearing process remains available to the parties.
     
  5. Student Rights
    1. The accused student has the right to:
      1. read the report containing the charges of misconduct;
      2. read the form specifying the provisions of the Code of Conduct he/she is charged with violating;
      3. hear all testimony against her/him;
      4. appeal the decision if:
        1. a procedural error was committed;
        2. new evidence or information becomes available; or
        3. all relevant evidence or information was not considered.
    2. All students involved have the right to:
      1. a closed hearing;
      2. have an advisor present if the Office of the Vice President for Student Services is notified at least two (2) business days in advance of the hearing;
      3. have witnesses present if the Office of the Vice President for Student Services is notified at least two (2) business days in advance of the hearing; and
      4. confidentiality.
         
  6. Judicial Procedures
    1. A written statement describing an alleged violation by a student of the Student Code of Conduct or College policy or procedure, signed and dated by the individual initiating the charge, is filed with the Vice President for Student Services or her designee.
    2. The Vice President or her designee then notifies the student that the report has been filed and a meeting is scheduled to discuss the matter. At this meeting, the student reads the report and is informed of its relevance to the Student Code of Conduct or College policy or procedure and her/his rights are explained.
    3. The student is then presented with a form specifying the provisions of the Student Code of Conduct or College policy or procedure the student is charged with violating.

      Where the Vice President for Student Services has determined that the case is an appropriate one for mediation the student will be presented with the option of a hearing or mediation. He/she has two (2) business days to choose. If the accused student chooses mediation, a mediation meeting will take place if the accusing party consents. If the accusing party does not consent to mediation, a hearing will take place.
       
    4. The student is then notified in writing of the date, time and place of the hearing or mediation meeting.
    5. The hearing is held. The case may be heard in the student’s absence if he/she failed to give reasonable prior notice of a conflict with the scheduled meeting date.
    6. Within two (2) business days of the hearing, the student is notified in writing of the outcome of the hearing and, if applicable, the sanction(s) imposed. A copy of this notice, together with all the documents and correspondence connected with the case, is kept on file in the Office of the Vice President for Student Services.
    7. The hearing findings are final unless the following grounds for appeal exist:
      1. a procedural error was committed;
      2. new evidence or information becomes available;
      3. all relevant evidence or information was not considered.

Appeals must be made in writing within three (3) business days of the date of the sanction letter to the Vice President for Student Services. The Vice President for Student Services will hear the appeal, or forward it to the President or his designee.

  1. Procedures for Hearing Panels
    1. Role of the Chairperson
      The Chairperson of the hearing panel is responsible for maintaining an orderly hearing process. Only those persons recognized by the Chair may speak at the hearing. The Chair has the right to exclude persons from the hearing who are disruptive, or to postpone the hearing because of disruptive behavior.
    2. General Guidelines for Hearing Panel
      1. The Chair will inform the accused student of the hearing guidelines and that the hearing will be recorded by a note taker or tape recorded.
      2. The Chair will ask each panel member to introduce himself/herself and to relate his/her College affiliation.
      3. The Chair will read the incident or infraction report. This may be followed by panel questions.
      4. The person filing the report may make a statement, call witnesses, and add any pertinent information. This may be followed by panel questions.
      5. Other persons involved in filing the report may make a statement and add any pertinent information. This may be followed by panel questions.
      6. The accused student may make a statement, respond to the information presented, call witnesses, and ask questions of the person filing the report and/or the other persons involved. This may be followed by panel questions.
      7. The person filing the report makes a summary and final statement.
      8. The accused student makes a summary and final statement.
      9. The Chair concludes the hearing and explains the remaining procedures.
      10. The hearing panel deliberates in a closed session. The Chairperson reports, in writing, the results and sanction(s), if any, to both parties within two (2) business days.
      11. If the report of the panel results in sanctions, the student meets with the Vice President for Student Services or her designee to arrange the implementation of the panel’s decision or in the event of an appeal, the meeting takes place after the decision on appeal.

Higher Education Reauthorization Act, Complaint Procedure

The 1992 Higher Education Reauthorization Act sets out the following complaint procedure:

Any person who believes he or she has been aggrieved by an institution on or after March 8, 1993 may file a written complaint with the New York State Department of Education within three years of the alleged incidents.

For all types of complaints, the first course of action must be to try to resolve the complaint with the administration of the college or university involved. If all grievance procedures within the institution have been exhausted, a written appeal may be sent for review by the Office of Higher Education at the following address:

  • New York State Education Department Office of College and University Evaluation, Education Building, 5 North Mezzanine, 89 Washington Avenue, Albany, NY 12234.

Smoking Regulations

In the interest of providing a safe and healthy environment for students, staff and faculty, and in accordance with New York City Law and Title 20 of the Westchester County Sanitary Code, smoking is permitted only in designated areas at each campus.

College Policy on Drugs

The College of New Rochelle recognizes its duty to uphold existing State and Federal Laws regarding the unlawful possession, use, and sale of marijuana, hallucinogens, and other drugs, and cannot protect any member of the College community who violates the law.

Accordingly, any persons discovered on campus by College officials in illegal possession of marijuana, hallucinogens, or any other drugs proscribed by the Penal law will be subject to sanctions up to and including expulsion from the College. In every case, the drugs found will be turned over to the proper authorities, and, should the facts warrant, the person as well will be turned over to the proper authorities.

Any student arrested by civil authorities in connection with illegal possession or use of drugs will be subject to disciplinary action by the College if it is judged that his/ her actions have been detrimental to the general welfare of the College Community, or that his/her general mode of life has rendered him/her unfit to pursue the normal College program.

Should guests, or anyone purporting to be a guest of students or of anyone else in the College community, bring drugs to campus, the College will take immediate action by notifying the proper authorities. Since the College does not consider itself a “sanctuary” outside the law for its own students, faculty or staff, neither can it be a place of refuge for persons not a part of the College Community. Loitering on campus is subject to the specifics of penal law in this regard, and the College recognizes its freedom to act within the context of the law.

Statement of Policy - Standards of Conduct

Alcohol Policy and Guidelines

The following information is presented to familiarize students with the institutional policies related to the use of alcoholic beverages on campus.

  1. New York State makes it illegal for:
    1. persons under the age of 21 to purchase or possess alcoholic beverages with the intent to consume;
    2. individuals under the age of 21 to purchase or attempt to purchase an alcoholic beverage through fraudulent means;
    3. individuals to furnish alcohol to anyone under 21 years of age;
    4. individuals to sell, deliver, or give away alcoholic beverages to any intoxicated person or any person under the influence of alcohol regardless of the age of the person;
    5. individuals to drive while intoxicated.
  2. It is a violation of the Student Code of Conduct to be intoxicated on campus.
  3. All events on the main campus at which alcohol will be served must be registered by submitting a completed reservation form to the Calendar Office and making an appointment with the Director of Campus Activities. The Director will evaluate requests for events involving alcohol based on the requirements of New York law and college policies and procedures. All other campuses should refer to their Campus Director for specific policies governing their campus.
  4. A reasonable quantity of an attractive variety of non-alcoholic beverages must be available from the same location as alcoholic beverages.
  5. A variety of food and snacks must be available for the duration of an event which includes serving alcohol.
  6. “Bring your own bottle” (BYOB) affairs are not permitted at college-sponsored events.
  7. “All you can drink” parties and events for which the admission charge includes the availability of alcohol are prohibited.
  8. The service of alcohol must be terminated at least one-half hour prior to the conclusion of any event which is at least two hours in duration.
  9. Advertising for events at which alcoholic beverages will be consumed must emphasize that the primary purpose of the activity is other than drinking. The availability of alcoholic beverages must be given equal emphasis with the availability of non-alcoholic beverages and snack foods. All advertising for events which states that alcohol will be served must stipulate that two forms of proof of age, including one photo I.D., is required for admittance.
  10. Alcoholic beverages may not be brought into or removed from the immediate area in which a college-sponsored event is occurring. Alcoholic beverages may not be removed from any area at which a registered event is occurring.

Descriptions of Sanctions for Drug and Alcohol Abuse

Federal law makes it a criminal offense to manufacture, distribute, dispense, or possess with intent to manufacture, distribute or dispense, or simply possess a controlled substance. See Title 21 U.S. Code section 801, et seq. Controlled substances are defined by the schedules contained in 812 of Title 21 of the U.S. code.

New York State Penal Law makes it a criminal offense to possess, possess with intent to sell, or actually sell various drugs. The drugs to which this law applies include marijuana and those listed in the schedules contained in the New York State Public Health Law, 3306 thereof. See Penal Law Articles 220 and 221.

The possible sanctions for the violation of Federal and State law depend upon the particular offense violated. The various offenses are premised on aggravating factors which include the type and quantity of drugs involved.

Depending upon the particular aggravating circumstances involved, violations of said law could result in sanctions from a monetary fine to life imprisonment.

Violation of Penal Law Articles 220 and 221 may also result in civil penalties of up to $100,000 plus costs and expenses pursuant to 10-201 et seq. of the New York City Administration code.

It is a violation of New York State Penal Law 240.40 for a person to appear in public under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. A violation of this law could result in imprisonment up to 150 days.

It is a violation of New York State Penal Law 260.20(d)(4) for a person to give or sell an alcoholic beverage to a person less than twenty-one years old. A violation of this law could result in imprisonment up to three months.

The New York City Administration Code, 10-125 thereof, prohibits the consumption of alcohol in a public place. Possible sanctions for a violation of said law include a fine of up to $25 or imprisonment up to five days or both.

Any person who operates a motor vehicle while his or her ability to operate such a vehicle is impaired by the consumption of alcohol or by drugs in violation of Vehicle and Traffic Law §1192 is subject to imprisonment up to 15 days and/or a monetary fine of at least $250 and at most $350, plus a 90-day license suspension. For further details on the possible sanctions for violations of the above laws, contact the campus director.

Description and Health Risks Associated with Drug and Alcohol Use

A drug is a chemical substance that has an effect upon the body or mind. Alcohol is defined as a drug. Drugs and alcohol are capable of impairing judgment and physical capacity and diminishing individual performance in activities of daily living. Problems associated with inappropriate use of drugs and alcohol are complex in nature.

One class of drugs is the sedative-hypnotic which relaxes the central nervous system. These include alcohol, barbiturates, tranquilizers (depressants), marijuana and hashish.

Alcohol is clearly the nation’s most common drug of abuse. With moderate drinking a person may experience flushing, dizziness, dullness of senses and impairment of coordination reflexes, memory and judgment. Taken in larger quantities, alcohol may produce staggering, slurred speech, double vision, dulling of senses, sudden mood changes and unconsciousness. When used over a long period of time and in larger amounts, it can cause heart and liver damage, and death from overdose and car accidents.

Barbiturates and tranquilizers (central nervous system depressants) can cause intoxication and produce such signs as tremors of the hands, lips and tongue, confusion, poor judgment and poor muscular coordination, drowsiness, slurred speech and constricted pupils.

Marijuana and hashish alter mood and perception and produce anxiety, euphoria, talkative behavior, floating feelings and hunger. They interfere with memory, intellectual performance and can impair concentration. Long-term, regular marijuana smoking causes irritation of the respiratory tract and can produce lung disease and possible damage to the heart and immune system.

Nicotine acts as a stimulant on the heart and nervous system. When tobacco smoke is inhaled the immediate effects on the body are a faster heartbeat and elevated blood pressure. Young smokers may experience shortness of breath and nagging cough. Some long-term effects of smoking cigarettes are emphysema, chronic bronchitis, coronary heart disease and lung cancer.

Caffeine, one of the oldest and most widely used stimulants, is found in coffee, tea, cola and some cold medications. Dependence on caffeine generally develops in habitual users, with headaches being the most common symptom of withdrawal.

Cocaine, whether it is smoked (crack), injected or snorted, is risky in all forms. Physical effects include dilated pupils, increased blood pressure, heart rate, breathing and body temperature, restlessness and anxiety.

Amphetamines increase alertness and activity and are often referred to as speed, uppers, pep pills and diet pills. Mood swings, irritability, nervousness, and muscle pain are some of the effects of continued use. Eventually, hallucinations, paranoia, convulsions, brain damage, heart problems, and death can occur.

Hallucinogens (psychedelics) include PCP, LSD and mescaline. Hallucinogens temporarily distort reality, cause visual hallucinations, perceptual distortion and psychotic experiences and sometimes depression and flashbacks.

Dependency causes the deterioration of the moral, physical and intellectual fiber of an individual and abuse impairs the user’s health, emotional well being, family life, job performance and friendships. The College is aware of the stresses associated with daily living, and we strongly urge that the entire College community meet these stresses by participating in holistic behaviors. It is our goal to assist in this endeavor by creating an environment that promotes and reinforces healthy and responsible living.

For further information about the effects of these drugs, please contact the Campus Health Services Office or the campus director.

Resources and Referrals

Counseling & Career Services offer resources, workshops, counseling, and referral for members of The College of New Rochelle community regarding substance use and abuse.

Informational pamphlets and handouts are available in the Student Services Resource Room for all students, faculty, and staff. Also, available for viewing is a videotape collection which includes such titles as: From Use to Abuse, AA & the Alcoholic, and Enjoying Sobriety.

Workshops open to students, faculty, and staff are offered to provide educational information and to encourage preventative attitudes and behaviors. Topics include: creating social alternatives to alcohol-related activities, learning to manage stress without alcohol or drugs, recognizing the warning signs of substance abuse in self and others, intervening when friends or family members appear to be engaged in alcohol or substance abuse, and understanding issues of adult children of alcoholics.

Referral to community resources is available to students of all four schools. All referrals respect the privacy of the individual and counseling is confidential.

Community Resources

Alcoholics Anonymous (AA)

15 East 26th Street
Room 1810
New York, NY 10010
(212) 683-3900 or (914) 949-1200

Alcoholics Anonymous-a self-help program which offers support and assistance for those with alcohol dependency; led by recovering alcoholics.

Alanon and Alateen

200 Park Avenue South
New York, NY 10003
(212) 253-7320

Alanon-provides mutual support and assistance to families and friends of alcoholics.

Alateen-a self-help group for children of alcoholic parents, led by non-professionals who have had similar experiences. (Not for alcoholic teenagers.)

Daytop Village

246 North Central Avenue
Hartsdale, NY 10530
(914) 949-6640

Day, evening and residential programs for drug and alcohol abusers age 14 and up; parent and sibling support groups are available.

For additional community resources, see Campus Director.

College Rules for Maintenance of Public Order

The full text of College Rules for Maintenance of Public Order is available in the Office of the Campus Director.

Measles/Mumps/Rubella Legislation

The New York State Legislature has passed Public Health Law, Chapter 2165, which mandates all colleges and universities require that students be immunized against Measles, Mumps and Rubella (German Measles) before entering college.

Measles

All students born on or after 1/1/57 must present documentation of immunity. The College Immunization Law requires evidence of two doses of measles vaccine within the guidelines noted below:

  1. Immunization with two live doses of measles vaccine administered on or after 12 months of age and at least 30 days apart or
  2. Serological evidence of immunity (antibody titre level) or
  3. Physician-documented history of disease. Both vaccine dates must be listed on the immunization record form.

Mumps

  1. Immunization with live mumps vaccine on or after 12 months of age or
  2. Serological evidence of immunity (antibody titre level) or
  3. Physician-documented history of disease.

Rubella (German Measles)

  1. Immunization with Rubella vaccine on or after 12 months of age or
  2. Serological evidence of immunity (antibody titre level). History of having had Rubella disease is not acceptable documentation of immunity.

All information required must be signed by a health care provider.

If you have any questions about the requirement, please call the College Health Services Office at 914-654-5311.

Non-Discrimination and Anti-Harassment Policy

The College of New Rochelle is committed to maintaining a learning and working environment for all students, faculty and staff that is fair, humane, and responsible-an environment which supports, nurtures, and rewards career and educational advancement on the basis of ability and performance. The ethical obligation to provide an environment that is free of bias, prejudice and harassment and from fear that it might occur is implicit.

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 Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working 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 in the workplace 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, sexual orientation, marital status, national origin, age, disability, citizenship, or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects and individual’s employment 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 in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). Further information, including information on how to file a complaint is also available in the Office of the Vice President for Student Services.

Information Resources General Policy

Preface: “Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to work of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy and right to determine the form, manner and terms of publication and distribution.

“Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.” (EDUCOM Statement on software and intellectual rights)

Policy: The College of New Rochelle is committed to providing the members of its community (undergraduates, graduate students, faculty and staff) access to local, national and international sources of information, and providing an atmosphere that encourages access to knowledge and sharing information.

To support this commitment, the College has developed the following policies for members of the College community who avail themselves of the facilities provided by the College. The College considers access to the facilities a privilege and not a right.

Library Regulations

A current valid College of New Rochelle ID Card is required in order to borrow books for circulation from the College Library.

Circulating books may be borrowed for three weeks. The Library reserves the right to recall a book upon demand. Books may be charged out up until 15 minutes before closing time. Books are expected to be returned to the Library when due.

Laptops are available to CNR students who leave a valid CNR ID Card. Students are responsible for damage, loss, or theft.

Reserve books are for use in the Library only, for two hours at a time. Changes are made in the Reserve Collection every semester to fulfill the requirements of the current curriculum. Students may put a “hold” on any book that is in circulation or on reserve for a time when it will be free for use.

Renewals: Students may renew a book, providing no one else has put a “hold” on it. Books must be brought into the Library to be renewed. One renewal is permitted after the initial loan, providing no one else has requested the book. If the book is overdue, the overdue fine must be paid before the book can be renewed.

Overdue fines are charged at the rate of 10 cents per day for every day overdue for a circulating book, audio cassette, CD, or $1.00 per day for a DVD or video. The overdue fee for a laptop is charged at the rate of $1.00 per hour.

Lost/Damaged Books: Each student is responsible for all library materials charged out on his/her card. If books, etc., are lost, the student is charged for replacement at the current price plus a processing fee. Report loss of any items to the Library promptly.

Overdue notices are sent regularly. All materials must be returned and all fines paid by the end of each semester, or grades and/or transcripts will be withheld. Failure to respond to official Library notices or the flagrant abuse of Library services is reported, when appropriate, to the Campus Director.

Food, beverages, cell phones, and smoking are not permitted in the Library.

Access to Records

Rights of Access to Pertinent College Records and Restrictions on Release:

General Education Provisions Act - Family Educational Rights and Privacy Act (FERPA)

Purposes

The purposes of the Act, so far as it relates to The College of New Rochelle School of Arts and Sciences, are to:

  1. guarantee access to official educational records, originated at The College of New Rochelle, directly related to students and maintained by the college. Access to these records is available to the students of the College and parents of students who are ‘dependents’ as that term is defined in Internal Revenue Code § 152.
  2. guarantee that records containing personally identifiable data about students shall not be released to other than a specified list of exceptions without written consent of the student.

Access Rights

Students of the College and the parents of students who are “dependents” as that term is defined in Internal Revenue Code §152 have the following rights:

  1. the right to be provided a list of the types of educational records which are maintained by the institution and are directly related to students, and to be advised who in the College would have access to such records and for what purposes (This information is available in the offices of the academic deans and the Vice President for Student Services.);
  2. the right to inspect and review the contents of those records;
  3. the right to obtain copies of those records, at the expense of the parent or the eligible student, at the rate of 10 cents per page or part thereof;
  4. the right to a response from the institution to reasonable requests for explanations and interpretations of those records.

The following rights are restricted to students only:

  1. the right to a hearing to challenge the content of those records requested. The content may be challenged to the extent it is alleged to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student.
  2. the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

If any material or document in the educational record of a student includes information on more than one student, then the right to inspect and review any copy relates only to such parts of the material pertaining to the student requesting the information.

Waive Right to Access

The College may not require a waiver of access. However, a student may waive right of access to confidential statements involving:

  1. admission;
  2. employment application;
  3. receipt of an honor.

Procedures for a waiver of right to access are listed with each office that maintains educational records of students. The waiver will apply to recommendations only if:

  1. the student is advised of the persons making the recommendations;
  2. recommendations are used solely for the purpose specifically intended.

The College is not required to and will not make available:

  1. financial records of parents and students;
  2. confidential letters and statements of recommendations filed prior to January 1, 1975.

Procedure for Release of Records to Others

The College shall not release to anyone, or give anyone access to records of personally identifiable information except directory information (name, address, telephone listing, date and place of birth, major field of study, dates of attendance, degrees and awards received) without written consent, except for:

  1. other officials of this College (including teachers) determined by the College to have a legitimate educational interest;
  2. officials of other schools in which the student seeks to enroll in accordance with the procedures below:
    1. Parents or eligible students will be notified of the record sent and will be given a copy if requested, and,
    2. then will have an opportunity for a hearing to challenge record.
  3. certain government officials as provided in the Regulations issued under this Act and other statutes such as Student and Exchange Visitor Information Program (SEVIS);
  4. proper parties concerning an application for, or receipt of, financial aid;
  5. organizations doing legitimate studies if the College has assurance that the students will not be identified and the information will be destroyed when no longer needed;
  6. accrediting organizations;
  7. in response to court order or subpoena;
  8. disclose information provided to the College under federal, state, or local law concerning registered sex offenders who are required to register under such laws.
  9. disclose to an alleged victim the final results of any disciplinary proceeding conducted by the College where the student was found to have committed a crime of violence (as that term is defined in federal law) or a non-forcible sex offense. Such disclosure is limited to the name of the student, the violation committed and sanction imposed;
  10. disclose to the parent or guardian of a student under the age of 21 a determination by the College that the student has committed a violation of any federal, state or local law or any rule or policy of the College governing the use or possession of alcohol or a controlled substance;
  11. disclosure to the court where a parent or student or educational agency or College institutes a legal action and the educational records of the student are relevant for the educational agency or institution to proceed with the legal action as plaintiff or defend itself as defendant.

The College maintains with each student’s records, the names of all parties except those excepted, who have requested or obtained access to those records. Record of access itself is available only to the student and designated College officials. If the student should have any objection to the release of any of the information listed above as directory information, the student should so advise the College in writing with particulars and the College shall make every effort to prevent the release of such information.

Procedure for Review of Records and Opportunity to Challenge Contents

In order for students or parents of students who are “dependents,” as that term is defined in Internal Revenue Code §152, to review the student’s educational records, the following must occur:

  1. A written request must be sent to the college official in charge of the office where records are maintained, advising, as specifically as possible, what records the party would like to review.
  2. The college official will set up an appointment to review the folder and give any explanation and interpretation needed. (This must take place within 45 days of the request.)
  3. At or subsequent to this review, the student may challenge the contents of such records, and may insert a written explanation in the record. Such challenges and explanations are limited to whether the records are accurate, misleading or violate the privacy or other rights of the student and are intended to provide an opportunity for the correction or deletion of any inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the content of such records.
  4. If the matter is not resolved satisfactorily, the parent or student, or the College, may request an informal hearing with the superior of the College official previously involved.
  5. If such an informal hearing is not mutually agreeable, or if held does not resolve the problem, a formal hearing on written request of either party shall be held.
  6. The procedures for such formal hearing shall be as follows:
    1. It shall be conducted and decided within a reasonable period of time following the request for the hearing. The College shall endeavor to hold the hearing within 30 days of the request and to see that a decision is rendered in writing within 15 days thereafter.
    2. The hearing shall be conducted, and the decision rendered, by an institution official or other party who does not have a direct interest in the outcome of the hearing, appointed by the President to serve in that capacity.
    3. The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised.
    4. Minutes will be kept of such hearings. On the request of either party, and the expense of the party requesting, a verbatim transcript will be made. In such case, the College will deem the time to render a decision as set out in 1. above, extended to 15 days after receipt by the hearing officer of the transcript.

The opportunity for a hearing is provided so that the student may challenge a record which she believes to be inaccurate, misleading or violative of her privacy or other rights. For example, the student may seek to correct an improperly recorded grade, but may not, through the procedure provided above, contest the grade received in a course.

Weather Closings

Should a decision be made to cancel classes due to emergency weather conditions, the Office of the Senior Vice President for Academic Affairs will inform the offices of the units affected, the College switchboard, and the following radio stations:

In New York  
Radio Stations Television Stations
WFAS 1230 AM/103.9 FM WNBC Channel 4
WINS 1010 AM WCBS Channel 2
WOR 710 AM News12 Channel 12 (Cablevision)
WCBS 880 AM  
WVOX 1460 AM  
WLNA/WHUD 1420 AM/100.7 FM  
WRKL 910 AM  
     
In Connecticut    
Radio Stations    
WSTC-WNLK-WEFX-WKHL 1400 AM/ 96.7 FM (Cox Radio Norwalk)
     
In addition to radio announcements, WFAS, WINS and WOR have set up web sites for instant access to all closings and delays:
WFAS
www.wfasfm.com or www.wfasam.com
WINS
www.1010wins.com
WOR www.wor710.com
WCBS www.wcbs880.com

It should be emphasized that while the radio announcement will refer to The College of New Rochelle as being closed (or, possibly, a particular School of the College, so listen carefully), the College is never closed because of weather as far as the offices are concerned. Those who can make it to campus are expected to do so. Staff should check with their Supervisors about emergency procedures particular to their offices.