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670 Student Bill of Rights

670.01 Preamble

In order to protect the University community, provide for the common good, and help maintain intellectual honesty, academic freedom, and the responsibility to further an effective educational environment, this State University College at Brockport Bill of Rights is hereby established.

This Bill attempts to underline the mutual responsibility of the student and the College for orderly and equitable conduct with respect to regulations and their enforcement. Its purpose is to insure just treatment for all students, living as citizens in the College community and in a democratic society.

670.02 The Right for Student Government - Article I

Students have the basic right to form a single, democratically elected student government to represent the entire student body.

670.03 Participation in Decision Making - Article II

  1. Students shall be free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body, provided they do not abrogate the right of others to express their viewpoint.
  2. The student body has the right to participate in the formulation and application of institutional policy affecting academic and student affairs through their duly elected representatives to the student government.
  3. The student body shall be represented on deliberate bodies and on joint faculty-student committees as may be determined by agreement between the Executive Council of the student government and the Executive Committee of the Faculty Senate; and, when applicable, by the President of the College.
  4. Legislative decisions of the Brockport Student Government affecting institutional policy shall be recommended to the President of the State University College at Brockport for official approval and implementation.

670.04 Student Organizations - Article III

  1. Students have the right to organize and join an association for educational, political, social, religious, or cultural purposes.
  2. A procedure for official recognition and registration of student organizations should be established by the student government.
  3. Membership lists may be required only when an organization seeks financial aid or requests that it be recognized as a chartered organization.
  4. Campus facilities shall be available to all student organizations on campus on a non-discriminatory basis unless otherwise legally restricted.

670.05 Institutional Policy - Article IV

  1. Every student shall be responsible for obeying: College and student-made regulations which have been enacted by duly constituted authorities, disclosed in writing, and made easily available to him/her; proper orders of duly authorized College authorities; employees or agents acting in accord with said regulations; all civil and criminal laws.
  2. Any involvement in student activities shall not be denied on grounds of sex, race, religion, color, or national origin.

670.06 Freedom of Expression - Article V

  1. Each student shall be free to speak on any subject, and to publish and distribute any material at any time and place, to the full extent guaranteed by the United States Constitution and the Constitution of the State of New York. It is to be understood that the views expressed by the students are not necessarily those of the College.
  2. The student press shall be free of censorship and advance approval of copy, and its editors and managers shall be free to develop their own editorial policies and news coverage.
  3. Students shall have the right to invite speakers of their own choosing subject to any restrictions that may be set forth in the State University of New York Board of Trustees Policies.
  4. Students' freedom of expression shall have protection, through orderly procedures and against prejudiced or capricious academic evaluation.
  5. Information about student views, beliefs, and political association, which professors acquire in the course of their work as instructors, advisers, and counselors shall be considered confidential. Protection against improper disclosure is a serious professional obligation.

670.07 Confidential Nature of Student Records - Article VI

  1. Academic Records
    1. All academic records shall be kept separate from disciplinary records.
    2. Academic records may be released, without the consent of the student, for such purposes as legitimate research that does not release the name of the student, for scholarships, grants, or award information.
    3. Permanent academic records shall be released for use outside of the State University of New York only with the consent of the student.
    4. Faculty and appropriate College officials, as designated by the President of the State University College at Brockport, shall have access to academic records for the purpose of counseling, certification, or academic advising.
  2. Disciplinary Records
    1. All student disciplinary records shall be kept by the Vice President for Student Affairs and may be released by him/her only to parents and counseling personnel after consultation with the student and to all other sources only with the consent of the student.
    2. Disciplinary records to be kept:
      1. A record of disciplinary action taken by the administration as a result of violations of campus regulations.
      2. All decisions of the Residence Hall Courts, AWS, AMS, and BSG courts.
      3. Any decision for disciplinary action by resident directors relative to a student's activity while in residence.
    3. The College will not keep civil records.
    4. All disciplinary records shall be destroyed upon graduation of the student concerned except that disciplinary actions resulting in dismissal from College shall be retained as part of the permanent record.
    5. Each student shall be notified, in writing, of each entry included in his disciplinary file in the Office of the Vice President for Student Affairs, and he/she shall have the right to inspect and review this file with the Vice President for Student Affairs or with someone designated for this purpose by the Vice President for Student Affairs.
  3. Counseling Records
    1. Counseling records will include:
      1. The A-1 form (personality record from high school).
      2. Results of any personality tests taken voluntarily by the student.
      3. Any other counseling records deemed by the Vice President for Student Affairs to be pertinent for the proper guidance of the student.
    2. Counseling records are to be kept in the Office of the Vice President for Student Affairs and are to be released by that office only with consent of the student.
  4. Political Records
    • No records shall be kept which reflect the political activities or beliefs of a student.
  5. Health Records

    All physical and mental health records that are kept in the Health Center shall be released by that office only at the discretion of the College physician and/or psychiatrist, and/or clinical psychologist (if any).

670.08 Personal Freedoms from Unreasonable Detention, Search, and Seizure - Aricle VII

  1. No student shall be detained by physical force, or be subject to personal search, by any College employee or agent, except where there is a clear and present danger of injury to himself/ herself, another person, or property if he/she is not so detained or searched.
  2. Each student's room, suite, or apartment shall be secure from unreasonable entry, search, and seizure.
    1. A College employee or agent shall carry out no search or seizure, unless a legal search warrant is secured, except where there is a clear and present danger to person or property.
    2. Evidence obtained in violation of this section shall not be used in subsequent proceedings.
  3. Routine inspection of approved College housing by resident officials should not be construed as unreasonable provided it is not extended to personal belongings of the student.

Law Enforcement Officers are Governed Under NYS Penal Law and Criminal Procedures Law.

670.09 Other Rights and Responsibilities - Article VIII

  1. The enumeration of certain student rights and responsibilities as cited in this Bill of Rights and in the Student Handbook shall not be construed to deny or disparage other civil and moral rights and responsibilities.
  2. In a judicial proceeding, the student shall be given the opportunity to testify and to present evidence and witnesses. The student and/or personal representative shall have the right to hear and question witnesses.

670.10 Amendments - Article IX

  1. A proposal for an amendment to this Student Bill of Rights may be made by a petition signed by 200 of the student body and submitted to the Executive Council of the Brockport Student Government.
  2. Upon receipt of a valid proposal for amendment, the Executive Council of the BSG shall consult with the Faculty Senate and shall take the necessary steps, as outlined in the BSG Constitution, to carry out a College-wide student referendum on the proposed amendment.

670.11 Effective Date - Article X

Any subsequent amendments to the Student Bill of Rights shall become effective upon approval by the College Council.

 

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