Preface

This Handbook has been prepared by the Provost’s Office in cooperation with College-wide divisions, offices, and individuals and presents information on those policies, procedures, and other matters that faculty often need as a reference on a day-to-day basis.

Additional sources of information are:

College Comprehensive Plan
College Mission, Vision and Strategic Plan
Strategic Plan on Equity, Diversity & Inclusion
Faculty Contract
Undergraduate Catalog
Graduate Catalog
Student Handbook
State University of New York, College at Oneonta Affirmative Action Plan
Academic Advancement at SUNY
Manual on Use of State University of New York Internal Discrimination Grievance Procedure
Search and Recruitment Handbook
Key Dates and Deadlines

Many of the publications listed above may be found on the College’s web page: http://www.oneonta.edu

This edition of the Handbook has been prepared as directed by the State University of New York Policies of the Board of Trustees, Article IX, Title A, paragraph 3: “….Such handbook should include an administrative organization chart, a statement of administrative responsibilities, faculty bylaws, local policies and such other information concerning the College as he or she may deem advisable and shall be made available to all members of the academic staff of the college.”

The information presented is current as of the date of publication (August 2010).

Legislative Authority for the College

Handbooks usually begin with legislative authority for the institution and its officers. This includes 1) reference to Board of Trustees policies; and 2) reference to the College Council. The Policies of the Board of Trustees appear in the Official Compilation of Codes, Rules and Regulations of the State of New York as Sub-chapter b of Chapter V of Volume 8 entitled “Education.” An annotation of Section 356 of Education Law appears below, followed by Public Officers Law Section 105.

356. Councils of State-Operated institutions; powers and duties

1. Subject to the general management, supervision and control of and in accordance with rules established by the State University Trustees, the operations and affairs of each state-operated institution of the state university shall be supervised locally by a council consisting of ten members, nine of whom shall be appointed by the Governor and one of whom shall be elected by and from among the students of the institution. Such voting members shall be subject to every provision of any general, special or local law, ordinance, charter, code, rule or regulation applying to the voting members of such board with respect to the discharge of their duties including, but not limited to, those provisions setting forth codes of ethics, disclosure requirements and prohibiting business and professional activities. The election of the student member shall be conducted in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines established by the State University Trustees. One member shall be designated by the Governor as chairman. Where an undergraduate State-operated institution of the State University is located adjacent to another institution of higher education and students of such undergraduate State-operated institution are, under arrangements made by the State University, taking a substantial portion of their courses at such other institution, the President or other head of such other institution shall be an ex-officio member of the council for such undergraduate state-operated institution. Initial appointments, other than the student member and ex-officio members, shall be for terms expiring July first, nineteen hundred fifty four, July first, nineteen hundred fifty-five, July first, nineteen hundred fifty-six, July first, nineteen hundred fifty-seven, July first, nineteen hundred fifty-eight, July first, nineteen hundred fifty-nine, July first, nineteen hundred sixty, July first, nineteen hundred sixty-one and where there is no ex-officio member, July first, nineteen hundred sixty-two, respectively, and subsequent appointments other than the student member shall be for a full term of nine years from the first day of July of the calendar year in which the appointment is made. Vacancies shall be filled for the unexpired term in the same manner as original selections. The term of office for each council member appointed on or after April first, nineteen hundred eighty-six shall be seven years. The term of office for the student member shall be one year commencing July first of the calendar year in which the election is conducted, provided, however, that the term of the student member first elected shall be nine months commencing October first, nineteen hundred seventy-five and expiring June thirtieth, nineteen hundred seventy-six. In the event that the student member ceases to be a student at the institution, such member shall be required to resign. Members of such councils appointed by the Governor may be removed by the Governor. Members of such councils elected by the students of the institution may be removed by such students in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines promulgated by the State University Trustees. Members of such councils shall receive no compensation for their services but shall be reimbursed for the expenses actually and necessarily incurred by the in the performance of their duties hereunder.
2. The councils of State-operated institutions shall provide for regular meetings at least four times annually, and the chair, or any five members by petition, may at any time call a special meeting of the council and fix the time and place therefore. At least seven days notice of every meeting shall be mailed to the usual address of each member, unless such notice be waived by a majority of the council. Resolutions for the consideration of the councils must be mailed to the usual address of each member no less than seven days prior to a meeting, unless the chair shall make available in writing on the day of the meeting the facts which necessitate an immediate vote. The agenda for such meetings shall be available three days prior to the meetings and shall be considered public records, five members attending shall constitute a quorum for the transaction of business and the act of a majority of the members present at any meeting shall be the act of the council.
3. Subject to the general management, supervision, control and approval of, and in accordance with rules established by the State University Trustees, the council of each State-operated institution shall, with respect to the institution or institutions for which it serves, exercise the following powers:
   1. Recommend to the State University Trustees candidates for appointment by the State University Trustees as head of such institution;
   2. Review all major plans of the head of such institution for its more effective operations and make such recommendations with respect thereto as it deems appropriate. Such plans shall be submitted for approval by the State University Trustees, together with the recommendations of the council with respect thereto. The State University Trustees shall determine what constitutes such major plans, which are hereby generally defined to include, among others, plans for the appraisal or improvement of the faculty and other personnel, expansion or restriction of student admissions, appraisal or improvement of academic programs and of standards for the earning of degrees, expansion of institutional plants and appraisal or improvement of student activities and housing;
   3. Make regulations governing the care, custody and management of lands, grounds, buildings and equipment;
   4. Review the proposed budget requests for such institution prepared by the head thereof and recommend to the State University Trustees a budget for such institution;
   5. Foster the development of advisory citizens committees to render such assistance as the council may request, and to appoint the members of such citizens committees. Members of such citizens committees shall receive no compensation for their services but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties;
   6. Name buildings and grounds;
   7. Make regulations governing the conduct and behavior of students;
   8. Prescribe for and exercise supervision over student housing and safety;
   9. Make an annual report to the State University Trustees on or before September first of each year, and report to them from time to time on any matter it believes requires their attention;
   10. Perform such other powers and duties as may be authorized or required by the State University Trustees by general rules or special directives; and
   11. Make and establish, and from time to time alter and amend, such regulations pertaining to the affairs of its institution, not inconsistent with law or the rules of the State University Trustees, as may be necessary or appropriate to carry out effectively the foregoing powers and duties.

Public Officers Law

105. Conduct of executive sessions

1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:
   1. Matters which will imperil the public safety if disclosed;
   2. Any matter which may disclose the identity of a law enforcement agent or informer;
   3. Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
   4. Discussions regarding proposed, pending or current litigation;
   5. Collective negotiations pursuant to article fourteen of the Civil Service law;
   6. The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
   7. The preparation, grading or administration of examinations; and
   8. The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
2. Attendance at an executive session shall be permitted to any member of the public body and any other persons authorized by the public body.

Public Employee Liability

On January 25, 1983, the University Counsel and Vice Chancellor for Legal Affairs notified campuses of amendments to the Public Officers Law which in general protects public employees from damages arising out of their normal performance of duty. Pertinent sections of the Counsel’s letter follow:

Recently enacted amendments to the Public Officers laws have expanded the scope of criminal and civil indemnification protection for all officers and employees of the State including State University officers, employees, Trustees and Council members serving in the State-operated institutions, and authorized volunteers. These changes provide additional protection against personal liability for acts occurring within the scope of public employment duties.

For the first time, reimbursement is authorized for criminal defense expenses incurred by State Officers and employees upon acquittal or dismissal of criminal charges brought against the officers or employee. This legislation (L. 1982, ch. 565, eff. July 22, 1982, Attachment A) adds a new section 19 to the Public Officers Law requiring the State to pay reasonable attorneys’ fees and litigation expenses incurred by a State officer or employee in the defense of a criminal proceeding in a State or Federal court. The criminal proceeding must arise out of an act that occurred while the officer or employee was acting within the scope of his or her public employment or duties.

Reimbursement will be provided only after the officer or employee is acquitted or the criminal charges are dismissed. The Attorney General is empowered to determine, after investigation and review of the facts and circumstances of the criminal proceeding, whether an officer or employee’s application for reimbursement should be granted. In the event the entitlement to reimbursement or the amount of reimbursement is disputed, a court will resolve the issue. In order to obtain this protection in criminal cases an officer or employee must deliver a written request to the Office of the Attorney General, together with an original or a copy of any accusatory instrument (such as a criminal information or misdemeanor complaint) within ten days after the officer or employee is arraigned (enters a plea) upon such instrument. All legal papers and requests should be sent to the Attorney General, Division of State Counsel, State Capitol, Albany, New York 12224. A copy of the request for reimbursement and accusatory instrument should also be sent to the Office of the University Counsel, State University Plaza, Albany, New York 12246. The officer or employee is also required to provide his or her full cooperation to the Attorney General in the prosecution of any criminal appeal or in the defense of any civil lawsuit arising out of the same occurrence.

A separate legislative enactment affects existing indemnification protection in civil litigation. By amendment to section 17(3)(c) of the Public Officers Law (L. 1982, ch. 507, Attachment B), the State will now indemnify its officers and employees for fines or penalties which may be imposed by a court upon a finding that the officer or employee unintentionally violated a prior court order, judgment, consent decree, or stipulation of settlement. The Attorney General is empowered to promulgate rules and regulations to implement these protections.

This amendment is designed to protect officers and employees from fines, penalties and related legal costs associated with their unintentional failure to comply with court orders and consent decrees which may require additional actions by third parties for compliance, or expenditures beyond the employer/agency’s budgetary appropriations.

Judicial Procedures Relating to the Maintenance of Public Order

The following resolution was adopted by the Board of Trustees of the State University of New York at a special meeting held on April 9, 1970:

Resolved that the Rules and Regulations for the Maintenance of Public Order on Premises of State-Operated Institutions of State University of New York heretofore adopted by this Board as Resolution 69-179, dated June 18, 1969, and amended by Resolution 69-226, dated July 10, 1969 comprising Part 535 of Chapter V of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York be, and the same hereby are, amended in accordance with the following sections of this resolution:

1. Statement of Purpose. The following rules are adopted in compliance with Section 6450 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within ten days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution. Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance of order) is best suited to achieve these objectives.
   
   These rules shall not be construed to prevent or limit communication between and among faculty, students and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent, but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom and they shall be interpreted and applied to that end.
2. Application of Rules. These rules shall apply to all State-operated institutions of the State University except as provided in Part 550 as applicable to the State University Maritime College. These rules may be supplemented by additional rules for the maintenance of public order heretofore or here-after adopted for any individual institution, approved and adopted by the State University Trustees and filed with the Commissioner of Education and Board of Regents, but only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities; provided, however, that charges against any student for violation of these rules upon the premises of any such institution other than the one at which he/she is in attendance shall be heard and determined at the institution in which he/she is enrolled as a student.
3. Prohibited Conduct. No person, either singly or in concert with others shall:
   1. willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do or to do any act which he/she has a lawful right not to do;
   2. physically restrain or detain any other person, nor remove such person, from any place where he/she is authorized to remain;
   3. willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization;
   4. without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
   5. enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
   6. without authorization, remain in any building or facility after it is normally closed;
   7. refuse to leave any building or facility after being required to do so by an authorized administrative officer;
   8. obstruct the free movement of persons and vehicles in any place to which these rules apply;
   9. deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers;
   10. knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer, whether or not a license to possess the same has been issued to such person;
   11. willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; or
   12. take any action, create or participate in the creation of, any situation that recklessly or intentionally endangers mental or physical health or that involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
4. Freedom of Speech and Assembly: Picketing and Demonstrations.
   1. No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his/her views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.
   2. In order to afford maximum protection to the participants and to the institutional community, each State-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed locale and intended purpose, provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.
5. Penalties. A person who shall violate any of the provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall:
   1. If he/she is a licensee or invitee, have his/her authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his/her failure or refusal to do so he/she shall be subject to ejection.
   2. If he/she is a trespasser or visitor without specific license or invitation, be subject to ejection.
   3. If he/she is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.
   4. If he/she is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
   5. If he/she is a staff member in the classified service of the civil service, described in section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
   6. If he/she is a staff member other than one described in subdivisions (d) and (e), be subject to dismissal, suspension without pay or censure.
6. Procedure.
   1. The chief administrative officer or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) that his/her license or invitation is withdrawn and shall direct him/her to leave the campus or other property of the institution. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property.
   2. In the case of any other violator, who is neither a student nor faculty or other staff member, the chief administrative officer or his/her designee shall inform him/her that he/she is not authorized to remain on the campus or other property of the institution and direct him/her to leave such premises. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his/her liability to prosecution for trespass or loitering as prescribed in the Penal Law.
   3. In the case of a student, charges for violation of any of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in section 535.9 of this Part.
   4. In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with Title D of Part 338 of the Policies of the Board of Trustees.
   5. In the case of any staff member who holds a position in the classified civil service, described in section 75 of the Civil Service Law, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.
   6. Any other faculty or staff member who shall violate any provision of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be dismissed, suspended or censured by the appointing authority prescribed in the Policies of the Board of Trustees. 
7. Enforcement Program.
   1. The chief administrative officer shall be responsible for the enforcement of these rules (or of the rules of any individual institution supplementing or implementing these rules) and he/she shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
   2. It is not intended by any provision herein to curtail the right of students, faculty, or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules).
   3. In any case where violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) does not cease after such warning and in other cases of willful violation of such rules, the chief administrative officer or his/her designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and shall initiate disciplinary action as herein before provided.
   4. The chief administrative officer or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules (or of the rules of any individual institution supplementing or implementing these rules) and he/she may request the State University Counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.
8. Communication. In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students and administration is highly desirable. To the extent that time and circumstances permit, such communication should precede the exercise of the authority, discretion and responsibilities granted and imposed in these rules. To these ends, each State-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communications.

Affirmative Action

The State University College at Oneonta reaffirms its commitment to policies of affirmative action and equal opportunity. The College pursues rigorous programs of affirmative action in its educational and employment practices. The College is committed to recruiting, hiring, training and promoting persons at all employment levels without regard to race, color, religion, national origin, marital status, gender, sexual orientation, age, disability or status as a Disabled veteran, a Vietnam Era veteran, an Other Eligible veteran, or a Newly Separated Veteran.

The College administrative and supervisory personnel share responsibility to see that this policy will be administered equitably in employment decisions and for promotional opportunities as well as in personnel actions relating to compensation, benefits, transfers, layoffs, institutionally sponsored training, education, tuition assistance, and social and recreational programs.

Our designated officer for Affirmative Action is the Office of Equity and Inclusion, located in the Netzer Administration Building, Room 133. For further information about our Affirmative Action Program the director can be contacted at (x2830).

The following statement is designed to be included in all College publications:

The State University College at Oneonta continues a full commitment to the policy of affirmative action and equal opportunity. It is the policy of our College to provide equal employment and educational opportunity for all qualified people without regard to race, color, gender, religion, age, national origin, disability, sexual orientation, marital status, or status as a veteran.

College at Oneonta Diversity Statement

The College at Oneonta is an academic community that values diversity. Diversity at the College is an inclusive value that encompasses race and ethnicity, nationality, religion, gender, sexual orientation, sexual identity and gender expression, age, ability, socio-economic status, and other aspects of identity.

As a campus community, we believe that every individual is important in a unique way and contributes to the overall quality of the institution. We are committed to recruiting and retaining diverse faculty, staff, and students, and to fostering a learning environment which draws strength from, celebrates, and honors diversity. We strive to eliminate prejudice and discrimination; to respect the dignity of all persons; and to learn from differences in people, ideas, experiences and opinions.

Approved by President’s Council on Diversity February 9, 2007
Approved by President’s Cabinet February 12, 2007