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Home » Clarion » 2013 » December 2013 » Excerpts from Proposed Protest Policy

Excerpts from Proposed Protest Policy

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Below are excerpts from the current draft of CUNY central administration’s “Policy on Expressive Conduct.” Full text is on the PSC website.


DRAFT—10/11/13

The City University of New York / Policy on Expressive Conduct

…2. Guidelines for Conducting Demonstrations

2.1 Students and/or employees of CUNY, including officially-recognized student and/or employee organizations, as well as persons invited and sponsored by such student and/or employee organizations, may have access to areas designated by the educational units of CUNY for demonstrations. Sponsors of a planned demonstration must give notice of the location, date and time to the Director of Public Safety or designee at least 24 hours in advance of the demonstration if they are requesting sound amplification.

2.2 Members of the University community may not demonstrate in a manner that impedes the University’s educational activities and business operations or interferes with the rights of others, takes place on premises where members of the University community are not authorized to be, or takes place at times when members of the University community are not authorized to be present or places that have not been designated for demonstrations. In addition, employees, including both faculty and staff, may not participate in demonstrations at times when they are scheduled to perform instructional or other assigned work responsibilities. Demonstrations may be limited to areas designated by the University or its educational units for that use by members of the University community. Such designations shall be made with appropriate recognition of past practices as to areas in which demonstrations have been permitted. The areas designated for demonstrations need not include, among other locations, areas within the interior of buildings.

3. Prohibited Conduct

…3.3 Examples of prohibited conduct that disrupts University functions or operations include:

  • preventing the performance of educational or other institutional duties by any member of the University community
  • occupying or remaining on any property or facility owned or operated by the University after receiving due notice to depart
  • using amplified sound without prior notice, or otherwise making loud noise that interferes or seriously threatens to interfere with classes, meetings, or other scheduled or routine University functions or activities

3.4 Students who engage in prohibited conduct are subject to discipline under Article XV of the CUNY Bylaws. Employees who engage in prohibited conduct are also subject to disciplinary action as prescribed under the governing collective bargaining agreement and/or University policy. In addition, in cases in which the conduct at issue may violate criminal law, the University may refer the matter to external law enforcement authorities.

4. Procedure for Handling Disruptive Demonstrations

4.1 At each educational unit of CUNY, the President or his or her designee, in consultation with the Director of Public Safety or designee, will determine the point at which a demonstration becomes disruptive based upon the criteria set forth in Section 3 of this Policy.

4.2 If the circumstances permit, the President or his or her designee or the Director of Public Safety or his or her designee will direct the demonstrators to discontinue their disruptive activities, explain which activities violate the Policy, and inform them how to continue their demonstration in a manner that is not disruptive. If the disruption continues, the President or his or her designee or the Director of Public Safety or his or her designee may take appropriate action to end the disturbance, including where necessary to terminate the demonstration and to seek the immediate intervention of public safety officers or external law enforcement authorities….


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