College and University Policies
Affirmative Action Policy
LaGuardia Community College is committed to the principles and spirit of affirmative action and equal opportunity.
It is the policy of The City University of New York—applicable to all colleges and units— to recruit, employ, retain, promote, and provide benefits to employees and to admit and provide services for students without discriminating on the basis of actual or perceived race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, pregnancy, status as a victim of domestic violence/ stalking/sex offenses, unemployment status, credit history, caregiver or familial status, prior record of arrest or conviction, or any other legally prohibited basis in accordance with federal, state and city laws.
Retaliation for reporting or opposing discrimination, cooperating with an investigation of a discrimination complaint, or requesting an accommodation or academic adjustment is also prohibited. Please visit the link www.laguardia.edu/uploadedfiles/main_site/content/departments/legal_affairs_ compliance_and_diversity/docs/notice-of-non-discrimination.pdf for the Current City University of New York Notice of Non-Discrimination.
LaGuardia Community College recognizes its obligation to provide students with equal consideration when seeking admission, financial aid, and access to student services, and academic and athletic programs.
The College believes in a policy of nondiscrimination, and as an educational institution maintains an ongoing program to assure compliance with federal legislation and University guidelines. The Affirmative Action Program encourages positive practices and ensures equitable disciplinary procedures for any member of the College community who engages in harassment on the basis of race, sex, sexual orientation or disability, or any individual who reports such an incident.
It is the policy of LaGuardia Community College to operate and comply with the requirements of the Equal Pay Act of 1963, the Civil Rights Act of 1964, Title VI, Title VII, the Educational Amendment Act of 1972 (Title IX), Executive Order 11246 as amended by Executive Order 11375, the Rehabilitation Act of 1973 (503 and 504), Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Age Discrimination Act of 1974, the Immigration Reform and Control Act of 1987, the Civil Rights Restoration Act of 1987, and the American Disabilities Act of 1990.
The “protected classes,” as delineated in Executive Order 11246: (i.e. Black, Hispanic, Asian/Pacific Islander, American Indian/Alaskan Native and Women), were expanded on December 9, 1976 by the Chancellor of The City University of New York to include Italian-Americans. The U.S. Office of Management and Budget further expanded these protected classes in 2006 to include two or more races (not Hispanic or Latino) and replaced Asian/Pacific Islander, with Asian (not Hispanic or Latino) and Native Hawaiian (not Hispanic or Latino), Black was renamed as Black or African American (not Hispanic or Latino) and Hispanic was renamed Hispanic or Latino.
The President, as Chief Executive Officer, has overall responsibility for the Affirmative Action Program. The President has designated the responsibility for the Affirmative Action Program to Sabine Rospide, Interim Chief Diversity Officer/Title IX Coordinator, Compliance & Diversity/Affirmative Action, Room E512, (718) 482-5088, srospide@lagcc.cuny.edu.
Policy Against 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:
Defining conduct that constitutes prohibited sexual harassment, gender-based harassment and sexual violence;
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;
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;
Providing ongoing assistance and support to students and employees who make allegations of sexual harassment, gender-based harassment and sexual violence;
Providing awareness and prevention information on sexual harassment, gender-based harassment and sexual violence, including widely disseminating this policy, as well as a “students’ bill of rights” and implementing training and educational programs on sexual harassment, gender-based harassment and sexual violence to college constituencies; and
Gathering and analyzing information and data that will be reviewed in order to improve safety, reporting, responsiveness and the resolution of incidents.
The Policy is as Follows:
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 defining conduct that constitutes prohibited sexual harassment, gender-based harassment and sexual violence, 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, 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 and providing ongoing assistance and support to students and employees who make allegations of sexual harassment, gender-based harassment and sexual violence. LaGuardia Community College will also provide awareness and prevention information on sexual harassment, gender-based harassment and sexual violence, including widely disseminating this policy, as well as a “students’ bill of rights” and implementing training and educational programs on sexual harassment, gender-based harassment and sexual violence to college constituencies. Sexual harassment or sexual violence committed against employees or students is inconsistent with this objective and contrary to the University policy of equal employment and academic opportunity without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender identity, marital status, legally registered domestic partnership status, disability, predisposing genetic characteristics, alienage, citizenship, military or veteran status, status as a victim of sexual offenses, status as a victim of stalking, or status as a victim of domestic violence.
The University, through its colleges, will disseminate this policy and take other steps to educate the University community about sexual harassment. The University will establish procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough, and as confidential as possible under the circum- stances, and that appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred. Members of the University community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the College to investigate the allegations.
Complaints of sexual harassment by students should be directed to the Title IX Coordinator, the Vice President of Student Affairs, or Public Safety Office. Complaints of sexual harassment by employees should be directed to the Title IX Coordinator, the Executive Director of Human Resources, or Public Safety Office.
All inquiries, complaints and concerns will be kept as confidential as the CUNY Sexual Misconduct Policy allows.
The Title IX Coordinator has overall responsibility for ensuring compliance with Sexual Misconduct rules and regulations. Information, complaints, and concerns should be directed to the Interim Title IX Coordinator, Sabine Rospide., Room E512, (718) 482-5057, srospide@lagcc.cuny.edu.
Please visit the link www.laguardia.edu/uploadedFiles/ Main Site/Content/ Departments/Legal Affair s Compliance and Diversity/Docs/Sexual Misconduct.pdf for the City University of New York’s Policy on Sexual Misconduct and the link www.laguardia.edu/uploaded Files/Main Site/Content/Departments/Legal Affairs Compliance and Diversity/Docs/Stud entBillofRights.pdf for the City University of New York’s Student Bill of Rights.
Statement of Non-Discrimination
LaGuardia Community College/CUNY is an Equal Opportunity and Affirmative Action Institution. The College does not discriminate on the basis of race, color, national or ethic origin, religion, age, sex, sexual orientation, transgender, marital status, disability, genetic predisposition or carrier status, alienage or citizenship, military or veteran status, or status as victim of domestic violence in its student admission, employment, access to programs, and administration of educational policies.
Mr. Jhony Nelson is the College Coordinator for the Americans with Disabilities Act and Section 504, which prohibits discrimination on the basis of disability. His office is located in M102, and his telephone number is (718) 482-5260.
Declaration of Pluralism
We are a diverse community at LaGuardia Community College. We strive to become a pluralistic community.
We respect diversity as reflected in such areas as race, culture, ethnicity, gender, religion, age, sexual orientation, disability and social class. As a pluralistic community we will:
Celebrate: individual and group diversity
Honor the rights of people to speak and be heard on behalf of pluralism
Promote intergroup cooperation, understanding and communication
Acknowledge each others’ contributions to the community
Share beliefs, customs and experiences which enlighten us about members of our community
Affirm each others’ dignity
Seek further ways to learn about and appreciate one another
Confront the expression of de-humanizing stereotypes, incidents where individuals or groups are excluded because of difference, the intolerance of diversity and the forces of racism, sexism, heterosexism, homophobia, disability discrimination, ageism, classism and ethnocentrism that fragment the community into antagonistic individuals and groups.
We believe by carrying out these actions, we, as students, faculty and staff can achieve social change and the development of a society in which each individual can achieve her or his maximum potential.
Family Educational Rights and Privacy Act of 1974 as Amended; Annual Notice to Students.
Notification under FERPA of Student Rights Concerning Education Records and Directory Information
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. See Section “6" below to prevent the disclosure of directory information. The FERPA rights of students are:
The right to inspect and review your education records. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
All requests shall be granted or denied in writing within 45 days of receipt. If the request is granted, you will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 45 days, you may appeal to the College’s FERPA appeals officer. Additional information regarding the appeal procedures will be provided to you if a request is denied.
The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.
You may ask the College to amend a record that you believe is inaccurate or misleading. You should write to the College official responsible for the record, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading.
If the College decides not to amend the record as requested by you, the College will notify you of the decision and advise you of your right to a hearing before the College’s FERPA appeals officer regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of your right to a hearing.
The right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to College officials with legitimate educational interests. A College official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another college official in performing his or her tasks.
A College official has a legitimate educational interest if access is reasonably necessary in order to perform his/her instructional, research, administrative or other duties and responsibilities.
Upon request, the College discloses education records without consent to officials of another college or school in which a student seeks or intends to enroll.
You may appeal the alleged denial of FERPA rights to the:
General Counsel and Vice Chancellor for Legal Affairs
The City University of New York 535 East 80th Street
New York, NY 10021.
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 600 Independence Avenue, SW Washington, D.C. 20202-4605.
The College will make the following directory information concerning current and former students available to those parties having a legitimate interest in the information: name, attendance dates (periods of enrollment), address, telephone number, date and place of birth, photograph, email address, full or part- time status, enrollment status (undergraduate, graduate, etc.), level of education (credits) completed, major field of study, degree enrolled for, participation in officially recognized activities and sports, height and weight of athletic team members, previous school attended, and degrees, honors and awards received. By filing a form with the Registrar’s Office, you may request that any or all of this directory information not be released without your prior written consent. This form is available in the Registrar’s Office and may be filed, withdrawn, or modified at any time.
Health Science Clinical Program Proof of Residency Requirement
All students applying for candidacy in the following LaGuardia Community College Clinical Programs (Nursing (RN & PN), Radiologic Technology, Dietetic Technician, Occupational Therapy Assistant, & Physical Therapist Assistant) must provide documentation in one of the following categories, in addition to meeting the course candidacy requirements:
U. S. Citizenship
Permanent Residency
International Student with F1 Status
Deferred Action Status by the U. S. Government Granted Asylum, Refugee Status, Temporary Protected Status, Withholding of Removal
Students who are interested in pursuing a health career and are unable to provide documentation in one of the categories listed above are urged to contact the Office of International Student Services located in Room M166 or call (718) 482-5143 to schedule an appointment. In addition, the City University of New York provides free counseling and assistance to all CUNY students through the CUNY Citizenship and Immigration Project. Further information can be located at the following CUNY website: http://web.cuny.edu/about/citizenship.html.
Student Rights and Responsibilities/RULES
Student rules of conduct and disciplinary procedures are printed in the Student Handbook, which is distributed by the Office of Campus Life, Division of Student Affairs, Room M115, and on LaGuardia’s website: (www.laguardia.edu/uploadedFiles/MainSite/Content/CurrentStudents/Docs/ Student-Handbook.pdf and accessible on My LaGuardia). Rules for the Maintenance of Public Order (Pursuant to Article 129-A of the Education Law Henderson Rules).
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 freedom: 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 University 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 the University has the right, and indeed the obligation, to defend itself. We accordingly announce the following rules to be in effect at each of our colleges which are to be administered in accordance with the requirements of due process as provided in the Bylaws of the Board of Higher Education.
With respect to enforcement of these rules we note that the Bylaws of the Board of Higher Education provide that:
THE PRESIDENT. The president, with respect to his education unit, shall:
a. have the affirmative responsibility of conserving and enhancing the educational standards of the College and schools under his/her jurisdiction;
b. be the advisor and executive agent of the Board of his 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 the several faculties;
c. exercise general superintendence over the concerns, offices, employees, and students of his educational unit.
The College reserves the right to deny admission to any student if in its judgement, the presence of that student on campus poses an undue risk to the safety or security of the College or the College community. That judgement will be based on an individualized determination taking into account any information the College has about a student’s criminal record and the particular circumstances of the College, including the presence of a child care center, a public school or public school students on the campus.
I. Rules
Obstruction of or interference with institutional educational processes or facilities and the prevention of others from exercising their rights;
Failure to comply with lawful directions of College officials acting in the performance of their duties, including failure to comply with the reasonable directions of a member or agent of the College acting in the performance of his or her duty;
Any unauthorized occupancy of facilities owned or controlled by the institution or blockage of access to or from such facilities;
Theft, misappropriation, damage, or unauthorized sale of College property;
Intimidation or abuse of others who advocate their positions;
Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by the institution;
Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals (e.g. public urination/defecation, participation in a disruptive or coercive demonstration);
Firearms, Ammunition and Other Dangerous Weapons. Possession of or use of firearms, ammunition, dangerous weapons of any kind, as well as replica/toy weapons. (Examples of prohibited items include but are not limited to: BB guns, pellet guns, explosive materials, paintball guns, water guns, cap guns, stun guns, Tasers, toy knives or other items that simulate firearms or dangerous weapons);
Recklessly or intentionally endangering the physical or mental health of others. These behaviors include but are not limited to actions causing bodily harm to another person, or reckless disregard for the health, safety and welfare of any person. Also, engaging in threatening/intimidating behavior which is so persistent, pervasive, or severe as to deny a person’s ability to participate in the College community, and verbal threats and/or attempts to intimidate, including, but not limited to statements meant to provoke conflict with another person or which cause a reasonable fear for a person’s safety;
Drugs and other Controlled Substances. The unlawful possession, use, or sale of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic, hallucinogenic drug, or marijuana). This offense includes the violation of any local ordinance, state, or federal law concerning drugs or controlled substances, on or off College- owned or controlled property; and
Alcoholic Beverages. The use and/or possession of alcoholic beverages on or off institution owned or controlled property. This offense includes the violation of any University policy, local ordinance, state, or federal law concerning alcoholic beverages, on or off College-owned or controlled property. See CUNY’s Drug and Alcohol Policy for more details.
Sexual Harassment (Misconduct). Includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, request for sexual favors, and other verbal, nonverbal, graphic and electronic communications or physical conduct that is sufficiently serious to adversely affect an individual’s participation in employment, education or other College activities. See CUNY’s Sexual Harassment Policy for more details.
II. Penalties
Any student engaging in any manner in conduct prohibited under substantive Rules 1-12 including the LaGuardia ID Policy, shall be subject to the following range of sanctions as hereafter defined in the attached Appendix: admonition, warning, censure, disciplinary probation, restitution, suspension, expulsion, ejection, and/or arrest by the civil authorities.
Any tenured or non-tenured faculty member, or tenured or non-tenured member of the administrative or custodial staff engaging in any manner in conduct prohibited under substantive Rules 1-12 shall be subject to the following range of penalties: warning, censure, restitution, fine not exceeding those permitted by law or by the Bylaws of the Board of Higher Education, or suspension with/without pay pending a hearing before an appropriate college authority, dismissal after a hearing, ejection, and/or arrest by the civil authorities, and, for engaging in any manner in conduct prohibited under substantive Rule 10, may, in the alternative, be required to participate satisfactorily in an appropriately licensed drug treatment or rehabilitation program. In addition, in the case of a tenured faculty member, or tenured member of the administrative or custodial staff engaging in any manner in conduct prohibited under substantive Rules 1-12, he or she shall be entitled to be treated in accordance with applicable provisions of the Education Law or Civil Service Law, or the applicable collective bargaining agreement, or the Bylaws or written policies of The City University of New York.
Any visitor, licensee, or invitee, engaging in any manner in conduct prohibited under substantive Rules 1-12 shall be subject to ejection, and/or arrest by the civil authorities.
Any organization which authorized the conduct prohibited under substantive Rules 1-11 shall have its permission to operate on campus rescinded.
Penalties 1-4 shall be in addition to any other penalty provided by law or The City University Trustees.
5. Rule 12 subject to additional policy and sanctions.
I.D. Policy
All members of the College community are required to wear valid College IDs on campus. Individuals who do not have an ID can obtain one at the ID office in C101. Visitors will be issued temporary IDs at the security desk at each entrance to the College.