D11: Rules for the Maintenance of Public Order

Responsibility for Maintenance: Office of the President; Campus Safety and Security

Date of most recent changes: September 24, 2024

I. Policy Statement

The college has an obligation to assure the continuity of the educational process by providing for the safety of individuals, the protection of property and the maintenance of public order. 

II. Reason for Policy

This policy sets forth certain Onondaga Community College standards and procedures for maintenance of public order on campus. This policy will facilitate the College’s compliance with Education Law § 6430 and is intended to protect the safety of all members of the College community.

III. Applicability of the Policy

All members of the College community should be familiar with this policy.

IV. Related Documents

• New York Education Law Section 6430

• New York State Education Department Regulations, 8 NYCRR, Chapter 5, Subchapter C, Article 2, Part 535

V. Contacts

VI. Procedures

Notification Procedures

A copy of this policy will be distributed to each student upon enrollment. This policy will also be deemed incorporated into the bylaws of all organizations operating on the College campus and each such organization will review its bylaws with its members annually.

If this policy is amended, the President or their designee will file the new policy with the Board of Regents and Commissioner of Education within ten days of its adoption.

Demonstrations Resulting in Significant Campus Disruption

Campus demonstrations including marches, meetings, picketing and rallies acting in a peaceful manner may be supported as an appropriate expression of free speech principles and as consistent with the educational mission of the College and Policy D10 Free Speech and Public Assembly. Campus authorities will not normally intervene with a demonstration unless one or more of the following conditions exist:

1. The demonstration interferes with the normal operations of the College.

2. Demonstrators prevent access to offices, buildings, or other College facilities.

3. The demonstration is deemed to create a reasonable threat of physical harm to persons or damage to College facilities.

Prohibited Conduct

1. The College will not permit any intentional or reckless misconduct that endangers the mental or physical health of a member of the College community, College guests or visitors, or any other individual. Intentional or reckless misconduct includes, but is not limited to:
   • Deliberately causing injury to another person or threatening to do so.

   • Physically restraining or detaining another person or forcibly removing a person from a place where he or she has a right to remain.

   • Deliberate damage to or theft of College property.

   • Entering private administrative, faculty, or staff offices without permission.

   • Entering into or remaining in a College building or facility for any purpose other than its authorized use.

   • Remaining in a College building after it is closed.

   • Refusing to leave any building or facility after being requested to do so by an authorized administrator.

   • Obstructing the movement of persons and vehicles in or around College facilities.

   • Deliberately disrupting classes, lectures or meetings or deliberately preventing another from expressing First Amendment-protected views.

   • Forcing another individual or participating in an effort to force another individual to ingest alcohol, drugs, or other substances for any reason.

   • Violating the College’s policy on the use and possession of weapons on campus.

   • Willfully inciting another individual to engage in intentional or reckless misconduct.

   • Unlawful use, sale, or distribution of controlled substances.

   • Stalking, harassment, or intimidation.

   • Any conduct not enumerated above which violates federal law, New York law, or local law.

2. This policy governs the conduct of students, faculty, and staff, as well as any individuals on premises of the College or facilities not owned by the College but used for College purposes.

Approved Activity

Nothing in this policy will be construed to limit or penalize a group or individual solely for exercising his, her or its constitutionally protected rights or assembling with others for that purpose.

Consequences

The consequences for the misconduct enumerated above are:

1. Guests of members of the College community or trespassers will be required to leave the College premises. Guests or trespassers who refuse to leave will be subject to ejection and/or prosecution for criminal trespass.

2. Students will be subject to expulsion or other disciplinary action, as provided in the College’s Student Conduct and Disciplinary Procedures Policy.

3. Employees will be subject to disciplinary action in accordance with applicable College policies, procedures, rules, regulations and/or collective bargaining agreements.

4. Organizations which authorize, permit, or allow such conduct to occur will be denied permission to operate on College property.

5. All consequences enumerated in this policy are in addition to any penalties imposed by federal, New York State or local law.

Authority

The President is responsible for the enforcement of this policy, and they may designate and authorize other administrative officers to enforce the policy. The President may request aid from local public authorities when they deem such action necessary to deal with campus disorders. The President may also request that legal counsel seek injunctive relief from a court of appropriate jurisdiction to restrain an impending violation of these rules when he or she deems necessary.
 

Approved by OCC Board of Trustees April 3, 2006

Updated and approved by the Board of Trustees September 24, 2024