Henderson Rules

Henderson Rules to Maintain Public Order

The tradition of the university as a sanctuary of academic freedom and center of informed discussion is an honored one, to be guarded vigilantly. The basic significance of that sanctuary lies in the protection of intellectual freedoms; the rights of professors to teach, of scholars to engage in the advancement of knowledge, of students to learn and to express their views, free from external pressures or interference. These freedoms can flourish only in an atmosphere of mutual respect, civility and trust among teachers and students, only when members of the College community are willing to accept self-restraint and reciprocity as the condition upon which they share in its intellectual autonomy.

Academic freedom and the sanctuary of the university campus extend to all who share these aims and responsibilities. They cannot be invoked by those who would subordinate intellectual freedom to political ends, or who violate the norms of conduct established to protect that freedom. Against such offenders Kingsborough Community College has the right, and indeed the obligation, to defend itself.  We accordingly announce the following rules and regulations to be in effect on Kingsborough's campus which are to be administered in accordance with the requirements of due process as provided in the bylaws of The City University of New York.

With respect to enforcement of these rules and regulations we note that the bylaws of the CUNY Board provide that the President, with respect to his or her educational unit shall:

  1. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his or her jurisdiction;
  2. Be the advisor and executive agent to the board and of his or her respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the bylaws, resolutions and policies of the board, the lawful resolutions of any of its committees and the policies, programs and lawful resolutions of the several faculties;
  3. Exercise general superintendence over the concerns, officers, employees, and students of his or her educational unit.

Kingsborough Community College functions under The City University of New York system and follows the Henderson Rules to Maintain Public Order.  The Board of Trustees, in compliance with Chapter 191 of the Laws of 1969 (Henderson Act) adopts the following rules and regulations for the maintenance of public order on college campuses and other college property used for educational purposes:

  1. A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights. Nor shall he interfere with the institution's educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution's instructional, personal, administrative, recreational, and community services.
  2. Individuals are liable for failure to comply with lawful directions issued by representatives of the University/College when they are acting in their official capacities. Members of the academic community are required to show their identification cards when requested to do so by an official of the college.
  3. Unauthorized occupancy of University/College facilities or blocking access to or from such areas is prohibited. Permission from appropriate college authorities must be obtained for removal, relocation, and use of University/College equipment and/or supplies.
  4. Theft from, or damage to University/College premises or property, or theft of or damage to property of any person on University/College premises is prohibited.
  5. Each member of the academic community or an invited guest has the right to advocate his position without having to fear abuse, physical, verbal, or otherwise, from others supporting conflicting points of view. Members of the academic community and other persons on the college grounds shall not use language or take actions reasonably likely to provoke or encourage physical violence by demonstrators, those demonstrated against, or spectators.
  6. Action may be taken against any and all persons who have no legitimate reason for their presence on any campus within the University/College, or whose presence on any such campus obstructs and/or forcibly prevents others from the exercise of the rights or interferes with the institution's educational processes or facilities, or the rights of those who wish to avail themselves of any of the institution's instructional, personal, administrative, recreational, and community services.
  7. Disorderly or indecent conduct on University/College-owned or controlled property is prohibited.
  8. No individual shall have in his possession a rifle, shotgun, or firearm or knowingly have in his possession any other dangerous instruments or material that can be used to inflict bodily harm on an individual or damage upon a building or the grounds of the University/College without the written authorization of such educational institution. Nor shall any individual have in his possession any other instrument or material which can be used and is intended to inflict bodily harm on any individual or damage upon a building or the grounds of the University/College.
  9. Any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
  10. The unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs or other controlled substances by University students or employees on University/College premises, or as part of any University/College activities is prohibited. Employees of the University must also notify the College Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
  11. The unlawful possession, use, or distribution of alcohol by students or employees on University/college premises or as part of any University/college activities is prohibited.

Kingsborough Community College students are required to abide by all federal, state and city laws.  Other conduct not addressed in the Henderson Rules to Maintain Public Order may still be deemed unacceptable and may be addressed by Kingsborough Community College and the Office of Student Conduct.

Additional Policies

Student Identification Card
The student photo identification card is the property of Kingsborough Community College.  The card is not transferable and is not authorized for any use other than for college administrative purposes.  It must be carried with you on campus at all times, and be presented, upon request, to any college official, including security officers.

Use of the card by any person other than the individual to whom the card is issued, or tampering with the card in any way, will subject the user to appropriate disciplinary action.

Policy on Drugs and Alcohol
Federal law requires that CUNY adopt and implement a program to prevent the use of illicit drugs and abuse of alcohol by students and employees.  The unlawful manufacture, distribution, dispensation, possession or use of drugs or alcohol by anyone, on CUNY property, in CUNY buses or vans or at CUNY-sponsored activities, is prohibited. 

Students are expected to comply with the CUNY and college policies with respect to drugs and alcohol.  Any student found in violation may be subject to disciplinary action under Article 15 of the Bylaws of the Board of Trustees, which may result in sanctions up to and including expulsion from the University.  In lieu of formal disciplinary action, CUNY may, in appropriate cases, seek to resolve the matter through an agreement pursuant to which the student must see a counselor or successfully participate in a drug and alcohol treatment program. 

In accordance with the Federal Educational Rights and Privacy Act, CUNY may choose, when appropriate, to contact parents or legal guardians of students who have violated the CUNY policy on drugs or alcohol.

For more information regarding CUNY's policy on Drugs and Alcohol please visit:
Policy on Alcohol and Drugs
Medical Amnesty and Good Samaritan Policy

Tobacco-Free CUNY Policy
As of September 4, 2012 Kingsborough Community College as well as all other CUNY campus prohibit the following: (i) the use of tobacco on all grounds and facilities under CUNY jurisdiction, including indoor locations and outdoor locations such as playing fields; entrances and exits to buildings; and parking lots; (ii) tobacco industry promotions, advertising, marketing, and distribution of marketing materials on campus properties; and (iii) tobacco industry sponsorship of athletic events and athletes.  This policy applies to all tobacco and tobacco products including chew tobacco and e-cigarettes. 

For more information regarding CUNY's Tobacco-Free Policy please visit Healthy CUNY.

Policy on File Sharing and Copyright Infringement
CUNY's Computer Use Policy requires users of CUNY computer resources to comply with copyright law.  If you use a P2P (peer-to-peer) file sharing program on a CUNY computer, network or other resources to upload or download copyrighted material without permission, you may be in breach of the Policy.  According to the Policy, Users of CUNY computer resources should generally assume that material is copyrighted unless they know otherwise, and not copy, download, or distribute copyrighted material without permission unless the use does not exceed fair use as defined by the federal Copyright Act of 1976.  

The Policy also requires users of CUNY computer resources to engage in safe computing practices.  P2P and file-sharing programs can introduce a serious security risk to your computer and other computers connected to the same network (e.g., CUNY)since they may result in files infected with computer viruses and spy-ware being downloaded to your computer and the network.

Violation of the Computer Use Policy may result in suspension or termination of your right of access to CUNY computer resources, disciplinary action by appropriate CUNY authorities, referral to law enforcement authorities for criminal prosecution, or other legal action, including action to recover civil damages and penalties.  Student violations will normally be handled through the Office of Student Conduct.

For more information regarding CUNY's policy on File Sharing and Copyright information please visit the June 2010 Notice to the CUNY Community. 

Posting Policy
Student organizations may post information and notices concerning their organizations and activities in areas provided by the College, including designated kiosks, bulletin boards, and walls.  Guidelines for posting by student groups include the following:

  1. All posters, flyers and table tents must be approved for posting by the Office of Student Life.  Organizations can bring flyers and table tents to C-123 during normal business hours to be stamped.  The Office of Student Life reserves the right to remove any posters that are not stamped.
  2. Flyers must include the name of the club/organization.
  3. Date, time and location must be confirmed prior to approval.
  4. Information printed in any language other than English must have an English translation.
  5. Flyers size cannot exceed 11 x 17 .
  6. Advertisements of solicitation of alcohol will not be approved.
  7. Credit card advertisements will not be approved.
  8. Flyers must only be posted to bulletin boards with staples and on walls with dots provided by C-123. Flyers are not to be attached in any way to glass surfaces, doors, floors, traffic signs, light poles, sidewalks or trees.
  9. Only one notice per event may be posted per kiosk, wall, and pole or board surface.
  10. Posted materials should not cover or obstruct other notices.
  11. Table tents must be in text format only.  Not picture graphics will be approved for table tents.
  12. Be mindful and respectful of other groups/organizations when determining the number of copies you will post.

Policy on Expressive Activity
The College supports the right of individual students, faculty, staff and student organizations to engage in expressive activities, including the carrying or displaying of signs or placards, leafleting, marches, rallies, demonstrations, protests, speeches, and circulation of petitions.  The College will take whatever steps necessary to protect the rights of any member of the College community to publicly proclaim any view, however unpopular, and protect the freedom of speech and assembly of any individual or group. 

However, all expressive activities must comply with the College's rules regarding the time, place, and manner for such expressive activities; to ensure that the College's educational activities are not disrupted when members of the College community wish to exercise their First Amendment rights.

For more information regarding Expressive Activity, please refer to Kingsborough Community College's Student Handbook.

Policies and Procedures on Non-discrimination and Sexual Harassment

Policy on Equal Opportunity and Non-Discrimination
The City University of New York ("University" or "CUNY"), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.

It is the policy of the University applicable to all colleges and units to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws.

As a public university system, CUNY adheres to federal, state and city laws and regulations regarding non-discrimination and affirmative action. Should any federal, state or city law or regulation be adopted that prohibits discrimination based on grounds or characteristics not included in this Policy, discrimination on those additional bases will also be prohibited by this Policy.

It is also the University's policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses.

This Policy also prohibits retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination complaint.

Policy on Sexual Misconduct

Every member of The City University of New York community, including students, employees and visitors, deserves the opportunity to live, learn and work free from sexual harassment, gender-based harassment and sexual violence. Accordingly, CUNY is committed to:

1) Defining conduct that constitutes prohibited sexual harassment, gender-based harassment and sexual violence;
2) Providing clear guidelines for students, employees and visitors on how to report incidents of sexual harassment, gender-based harassment and sexual violence and a commitment that any complaints will be handled respectfully;
3) Promptly responding to and investigating allegations of sexual harassment, gender-based harassment and sexual violence, pursuing disciplinary action when appropriate, referring the incident to local law enforcement when appropriate, and taking action to investigate and address any allegations of retaliation;
4) Providing ongoing assistance and support to students and employees who make allegations of sexual harassment, gender-based harassment and sexual violence;
5) Providing awareness and prevention information on sexual harassment, gender-based harassment and sexual violence, including widely disseminating this policy, and implementing training and educational programs on sexual harassment, gender-based harassment and sexual violence to college constituencies; and
6) Gathering and analyzing information and data that will be reviewed in order to improve safety, reporting, responsiveness and the resolution of incidents.

This is the sole policy at CUNY addressing sexual harassment, gender-based harassment and sexual violence and is applicable at all college and units at the University. The CUNY community should also be aware of the following policies that apply to other forms of sex discrimination, as well as to other types of workplace violence and domestic violence that affect the workplace. 

For more information, please visit the Policy on Sexual Misconduct and the Sexual Misconduct Complainants Bill of Rights.

Policy regarding the Submission of Fraudulent Documents and on the Omission of Information in Support of an Application for Admission
The submission of documents in support of applications for admission such as transcripts, diplomas, test scores, references, or the applications themselves, that are forged, fraudulent, altered from the original, materially incomplete, obtained under false pretenses, or otherwise deceptive (collectively referred to as fraudulent documents) is prohibited by CUNY and may be punishable by: a bar on applying for admission, suspension and/or explosion.  The term applications for admission includes transfer applications.

Materially incomplete applications include applications that fail to include all prior post-high school college level courses, regardless of whether:

  1. The courses were taken at a post-secondary institution in the United States or outside the United States
  2. The applicant received a degree at the post-secondary institution
  3. The application is seeking credit for such courses, or
  4. The applicant is changing majors/careers

For more information regarding the submission of fraudulent documents and the Omission of Information in Support of an Application for Admission please click here.

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