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8.1 CUNY SCHOOL OF LAW STUDENT GOVERNMENT CONSTITUTION


PREAMBLE

We, the students of the CUNY School of Law, affirm that we have power to effect change within

our community. Our history of struggle reveals that individual, group, and class concerns impact

us all and thus ought to be the concern of all; therefore, we shall create an environment that

supports, respects, and thrives on the differences among us. We also affirm that the protection

of our rights and freedoms as students requires an organized, active, and unified Student

Government; therefore, we charge our Government with the duty to provide an inclusive forum to

actively address students’ needs and concerns and with the duty to maintain an engaged,

informed, and supportive law student community, which will, by its example, reverberate

throughout the larger legal community.

ARTICLE I | NAME

The name of this organization shall be the Student Government of the CUNY School of Law,

hereinafter referred to as the SG.

ARTICLE II | PURPOSE

The purposes of the SG shall be:

A. To provide a forum for discussion of matters affecting the student body as a whole;

B. To be an independent mechanism for unified student action and unified student voice in

areas of academics, government, and political and social concerns; and

C. To coordinate and facilitate the process for selection of student representatives in the CUNY

School of Law’s governance system.

ARTICLE III | PARLIAMENTARY AUTHORITY

A. Enforcement and Legislation

The SG shall have the power to enforce, by appropriate legislation, including SG Bylaws, Rules,

and Resolutions, the provisions of this Constitution.

B. Creation of Committees, Offices, and Other Entities

The SG may create Standing Committees, Ad Hoc Committees, Offices, or other subordinate

entities, in order to facilitate the commencement and/or continuation of activities which are in

accordance with the purposes of the SG, including activities of investigation and activities

intended to further policies adopted by the SG.

C. Appearance Requests

The SG may hold hearings and issue requests for individuals to appear at any of its Sessions or

hearings for the purpose of obtaining information or performing oversight functions relevant to

its purposes.

ARTICLE IV | MEMBERSHIP

A. Standing for Membership

Any matriculated student, registered at the CUNY School of Law, is eligible to run for a seat on

the SG to be a Member of the SG.

B. Number of Members

Eight (8) Members from each daytime class (collectively, the “daytime Members”) and four (4)

Members from each evening class (collectively, the “evening Members”) shall be elected from

their respective classes and programs at-large during the annual General Elections.

C. Voting Power of Members

1. Each Member shall have the power to cast one (1) vote for each vote called during any and all

sessions at which they are present, unless that Member is either chairing the session or is the

subject of a current impeachment proceeding.

2. The presiding officer of any session shall refrain from voting, except in the event of a tie

among the other Members present at that session.

D. Responsibilities of Members

All Student Government representatives shall carry out their duties in accordance with FERPA

and section 478 of the New York Judiciary Law.

 

Each Member shall familiarize themself with the provisions of this Constitution. Each Member

shall work to inform the students of their class and program regarding the provisions of this

Constitution and the work of the SG. Each member shall serve as a liaison between the students

of their class and program, the SG, and the administration of CUNY School of Law.

 

Each Member shall attend all General Sessions and Special Sessions and shall make good faith

efforts to attend any Emergency Sessions.

 

Each Member shall serve as an Officer, a member of one of the internal standing committees,

and/or as a student representative on one of the external standing committees.

 

To the extent necessary to enable the Officers to perform their required functions adequately,

each Member shall make themself available to the Officers by providing both a phone number

and an email address by which the Officers may reliably contact that Member. The phone

number and preferred email address shall be accessible only to the SG Officers and shall be

shared with others, only upon the express consent of the Member in question.

 

In the event that a Member reasonably anticipates not attending any General or Special Session,

that Member shall notify the Whips as soon as possible of their anticipated absence, providing

an explanation for the anticipated absence that is sufficiently detailed such that the Whips will

be able to determine whether the absence should be deemed excused or unexcused.

 

In the event that a Member fails to attend any General or Special Session, that member shall, on

their own initiative, contact the Whips within one (1) day following the absence. If they have not

already done so, the Member shall provide the Whips with an explanation for the absence that is

sufficiently detailed, such that the Whips will be able to determine whether the absence should

be deemed excused or unexcused.

E. The SG General Body

A quorum of the Membership of the SG shall be known as the SG General Body.

F. Filling Member Vacancies

If at any time a Member resigns, is removed, or becomes incapable of performing their duties

for any reason, that Member’s seat shall be declared vacant and shall be offered to the

candidate who in the most recent SG General Election, received the most votes from among the

remaining candidates of that member’s class. If such candidate declines to fill the vacant seat,

the seat shall then be offered to the candidate with the second most votes from among the

remaining candidates of that class, and so on in descending order, until either the vacant

position has been filled by an acceptance or the list of the remaining candidates has been

exhausted.

2. In the event that the list of the remaining candidates has been exhausted, the SG shall hold a

Special Election in order to fill the vacant seat. Any student from the class and program of the

Member whose seat has been vacated may run for the vacated seat. The winner of the Special

Election shall be entitled to hold the vacant position for the rest of the academic year.

 

ARTICLE V | OFFICERS

A. Types

There shall be nine (9) Officers who altogether shall comprise the Officers of the SG:

1. the Daytime Program Co-President;

2. the Evening Program Co-President;

3. the Vice President;

4. the Daytime Program Secretary;

5. the Evening Program Secretary;

6. the Treasurer;

7. the Daytime Program Whip.;

8. the Evening Program Whip; and

9. the Student Director of Disability Issues.

 

B. Qualifications

1. All Officers shall be duly-elected 2L, 3L, or 4L Members of the SG.

2. The Daytime Program Officers shall be daytime Members, and the Evening Program Officers

shall be evening Members.

3. All Student Government Officers shall carry out their duties in accordance with FERPA and

section 478 of the New York Judiciary Law.

 

C. Vacancies

In the event of an Officer’s resignation, removal, or incapacitation, the position shall be declared

vacant and the remaining Officers of SG shall call a Special Election to replace the SG member

in accordance with Art. VIII(C), if necessary. The remaining Officers of SG shall hold a Special

Officer Election at a Session within two weeks after the vacancy of the Officer position or within

two weeks after the filling of the vacant SG member’s seat, whichever is later in accordance with

Art. VIII(G).

D. Responsibilities

1. The Co-Presidents

a. Scheduling General Sessions. Within two weeks after their election, the Co-Presidents shall

propose and, upon majority approval by the other members of the Steering Committee, schedule

at least three (3) General Sessions for each semester of the academic year. The first meeting

shall be no later than the first week of October.

b. Agenda. The Co-Presidents, in consultation with the members of the Steering Committee,

shall set the Agenda for every Session.

c. Presiding. The Co-Presidents shall preside at all Sessions, unless either absent, subject to a

current impeachment proceeding, or otherwise disabled from presiding. In presiding over the

Sessions, the Co-Presidents shall strive to ensure constructive deliberation, the efficient use of

time, and effective decision-making among the Members. The Co-Presidents shall chair all

meetings of the SG Steering Committee.

d. Oversight of all SG functions. The Co-Presidents shall be the individuals primarily responsible

for the oversight and coordination of all of the activities of the SG.

e. Student Liaison to Administration and other entities. The Co-Presidents shall be responsible

for acting as the chief liaisons of the student body to the administration, faculty, staff, and

relevant individuals and organizations outside the Law School community, and to that end shall

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be responsible at all times for making good faith efforts to be both informed about and

representative of students’ interests, positions, and concerns.

f. Deans’ Forums. The Co-Presidents shall preside at and set the agenda for all Deans’ Forums.

g. 1L Orientation. The Co-Presidents shall organize and preside at forums informing the

incoming 1Ls about the SG during Fall Orientation.

h. The external Auxiliary Committee. The Co-Presidents shall sit on the CUNY School of Law

Auxiliary Committee, and shall continue to sit on that Committee as individuals in any year

following their term that they remain at CUNY School of Law, independent of any later SG status.

i. Delegation. To the extent necessary to discharge all of their responsibilities, the Co-Presidents

may delegate a lesser portion of the responsibilities of the Offices of the Presidents to the Vice

President, provided, however, that such delegation does not impede the Vice President from

discharging the responsibilities of the Office of the Vice President.

j. Advice. If requested by either of the incoming Co-Presidents, the outgoing Co-Presidents shall

provide instruction and other advice to the incoming Co-Presidents on the responsibilities of the

Office for a reasonable period of time.

2. The Vice President

a. Presiding. The Vice President shall attend and stand ready to preside at all properly convened

meetings, including, but not limited to, General Sessions, Special Sessions, Emergency Sessions,

and Deans’ Forums. The Vice President shall chair all meetings of the Communications

Committee.

b. Assumption of Co-Presidential Responsibilities. The Vice President shall assume the

responsibilities of a Co-President should that Office become vacant or in that Co-President’s

absence.

c. Committees point person. The Vice President shall be responsible for informing the SG

General Body of the activities of both the internal committees and the external committees.

d. Preparing Minutes. In the event that the Secretary is not present at a properly convened

meeting, the Vice President shall prepare minutes for that meeting, provided, however, that if the

Vice President is presiding at the meeting in question, then the Whip shall be held responsible

for preparing the minutes.

e. Appointment of replacement Chairs. In the event that a Chair fails to submit three (3) reports

to the Whip in accordance with the requirements of Art. VI(B)(3)(c)(ii), the Vice President shall

appoint another member of that Committee to be Chair.

f. Advice. If requested by the incoming Vice President, the outgoing Vice President shall provide

instruction and other advice to the incoming Vice President on the responsibilities of the Office

for a reasonable period of time.

3. The Secretaries

a. Agenda. The Daytime Program Secretary shall distribute the Agenda for each Daytime or

Joint Session to all Members by email no later than twenty-four (24) hours prior to that Session.

The Evening Program Secretary shall distribute the Agenda for each Evening Session to all

Members by email no later than twenty-four (24) hours prior to that Session.

b. Minutes. The Daytime Program Secretary shall attend and prepare minutes for all properly

convened meetings, including, but not limited to, Joint and Daytime General Sessions, Special

Sessions, Emergency Sessions, and Deans’ Forums., but the Evening Program Secretary shall

attend and prepare minutes for all properly convened Evening General Sessions.

c. Compilation of records. The Secretaries shall be responsible for compiling in orderly fashion

all minutes, agendas, legislative documents, official SG communications, and other similar

documents, which were either created or modified during the Secretaries’ terms. All documents

shall be promptly archived and released as required by the Office and Records Management

Committee and by the Communications Committee, respectively.

d. Assumption of Vice-Presidential Responsibilities. The Daytime Program Secretary shall

temporarily assume the responsibilities of the Vice President should the Office become vacant

or in the Vice President’s absence.

e. Chairing. The Secretaries shall co-chair the Office and Records Management Committee.

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f. Advice. If requested by either of the incoming Secretaries, the outgoing Secretaries shall

provide instruction and other advice to the incoming Secretaries on the responsibilities of the

Office for a reasonable period of time.

4. The Treasurer

a. Prepare a Budget Proposal. Before the Law School Association (the “LSA”) opens its

application process, the Treasurer shall prepare an annual budget proposal for SG to be

submitted to the LSA.

b. Finalize a Budget. After the LSA has released its tentative budget allocations, within two (2)

weeks the Treasurer shall finalize an SG budget for the year and submit the budget to the SG

General Body for approval by majority vote.

c. Accounting. The Treasurer shall account for the SG’s funds, including keeping a record of all

expenditures, credits, disbursements, and reimbursements.

d. Chairing. The Treasurer shall chair the Budget and Finance Committee.

e. Advice. If requested by the incoming Treasurer, the outgoing Treasurer shall provide

instruction and other advice to the incoming Treasurer on the responsibilities of the Office for a

reasonable period of time.

5. The Whips

a. Attendance. The Daytime Program Whip shall be responsible for taking attendance at each

Daytime or Joint General Session and Special Session. The Evening Program Whip shall be

responsible for taking attendance at each Evening General Session.

b. Session reminders. The Whips shall email to all Members of the SG reminders of each

upcoming General or Special Session, and if possible, each Emergency Session, two (2) days

before that Session is to take place.

c. Follow-up on absences. The Whips shall contact, by phone and/or email, any and all

Members who were absent at the most recent Session within two (2) days of the absence. The

Whips shall ask any and all such members to give a reason for their absence for the purpose of

determining whether the absence was excused or unexcused. The Whips shall record the

reason(s) given by such member(s) and submit such records to the Secretaries.

d. Excused and unexcused absences. The Whips shall be authorized to determine whether the

absence of any member at any and all General and Special Sessions is an excused absence or

an unexcused absence. The Whips shall be the sole Members authorized to determine whether

a given absence falls within one of the following categories of excused absences:

i. Emergency illness;

ii. Conflict due to work or class;

iii. Conflict due to attendance at an external Committee meeting; or

iv. Religious holiday or personal emergency.

e. Compiling reports of Chairs. The Whips shall compile the status reports from the Chairs of all

SG Standing Committees and present them to the President and Vice President within one (1)

day following the receipt of the reports from the Chairs. In the event that a Chair fails to provide

a report to the Whips in accordance with the requirements of Article VI(B)(3)(c)(ii), the Whips

shall contact the Chair and remind that Chair to submit a report immediately.

f. Responsibility for Membership Education. The Whips shall be responsible for planning,

scheduling, and conducting education for incoming and current SG Members on this

Constitution, their roles as Members, and the function of internal and external SG Committees.

g. Assumption of Secretarial Responsibilities. Either Whip shall temporarily assume the

responsibilities of a

 

 

secretary should either Office become vacant or when the Vice President is

presiding over a meeting and the Secretaries are not present.

h. Advice. If requested by either of the incoming Whips, the outgoing Whips shall provide

instruction and other advice to the incoming Whips on the responsibilities of the Office for a

reasonable period of time.

 

6. The Student Director of Disability Issues

a. Meeting Updates. The Student Director of Disability Issues shall attend and prepare an

update on disability issues at the Law School for all convened meetings, including but not

limited to General Sessions, Special Sessions, Emergency Sessions, Deans’ Forums, Student

Forums, and Student Union Meetings.

b. Availability as Liaison. The Student Director of Disability Issues shall be accessible to

students for the purpose of improving life for students with disabilities. The Student Director of

Disability Issues shall attend all public meetings, and be available in person and by email.

c. Privacy of Students. The Student Director of Disability Issues shall protect the privacy of all

students with disabilities and may not disclose information about any student without that

student’s consent.

d. Consent of Students. The Student Director of Disability Issues shall work with any student

with a disability but only with that student’s continuing consent. The Student Director of

Disability Issues may not act contrary to the will of those students that the Student Director of

Disability Issues may otherwise represent.

e. Representation. The Student Director of Disability Issues shall represent, assist, and/or

accompany any student with a disability in meetings with Law School administrators, staff,

faculty, students, and/or others about disability issues. This provision and the following

subsections are subject to the requirements of provisions (c) and (d).

i. The Student Director of Disability Issues shall attend meetings regarding disability issues

between the student with a disability and administrators, staff, faculty, students, and/or others.

ii. Should a student with a disability want student representation, assistance, or accompaniment

in meetings with administrators or others about disability issues, but does not want the Student

Director of Disability Issues to represent, assist, or accompany the student, the Student Director

of Disability Issues shall arrange for another student to represent, assist, or accompany the

student with a disability provided this substitute representative meets the qualifications and

requirements of provisions (c) and (d).

iii. Should a student with a disability want the Student Director of Disability Issues to assist or

accompany a student with a disability in a meeting with administrators or others about disability

issues, but the Student Director of Disability Issues cannot attend, the Student Director of

Disability Issues shall arrange for another student to assist or accompany the student with a

disability, provided that this substitute representative meets the qualifications and requirements

of provisions (c) and (d).

iv. Nothing in this provision shall limit the right of a student with a disability to find individual

representation without the involvement of the Student Director of Disability Issues.

f. Knowledge. The Student Director of Disability Issues shall know CUNY School of Law’s

procedures relating to disability issues and shall have an elementary understanding of federal,

state, and local laws relating to disability issues. The Student Director of Disability Issues shall

also be capable of organizing students around disability issues.

g. Advice. The outgoing Student Director of Disability Issues shall provide instruction and other

advice to the incoming Student Director of Disability Issues on the responsibilities of the office

for a reasonable period of time. This shall include, but is not limited to, writing a brief

memorandum to the incoming Student Director of Disability Issues and the incoming President

regarding the disability-related issues addressed during the outgoing Student Director of

Disability Issues’ term and any outstanding issues. This provision is subject to the requirements

of provisions (c) and (d).

ARTICLE VI | COMMITTEES

A. Categories

1. Internal Committees. For the purposes of this Constitution, “internal” committees means:

a. all of the SG Standing Committees;

b. the SG Steering Committee; and

c. any Ad Hoc Committees created by the SG.

2. External Committees. For the purposes of this Constitution, an “external” committee means

any committee in the Law School’s governance system which was not created by the SG and on

which committee at least one (1) seat is reserved for a student representative.

B. SG Standing Committees

1. Types

There shall be six (6) SG Standing Committees:

a. The Budget and Finance Committee;

b. The Office and Records Management Committee;

c. The Communications Committee;

d. The Elections and Polling Committee;

e. The Academic Affairs Committee; and

f. The CUNITY Committee.

2. Jurisdiction and Enumerated Responsibilities

 

a. The Budget and Finance Committee

i. Jurisdiction. The Budget and Finance Committee shall have jurisdiction over the design and

implementation of such rules and other protocols on the SG’s budget and finances, as are

necessary to ensure both the adequate funding of the SG and the prudent use of SG funds to

promote the interests of the students of CUNY Law.

ii. Enumerated Responsibilities. The Budget and Finance Committee shall:

A) Propose an SG budget within two (2) weeks after notification of the Law School Association’s

tentative budget allocations and submit the proposed budget to the SG General Body for

approval by majority vote;

B) Promulgate rules governing the use of SG funds;

C) Maintain accurate and orderly records of all expenditures and receipts by the SG;

D) Be responsible for overseeing any SG fundraising initiatives; and

E) Draft the SG’s budget proposal to the LSA for the upcoming academic year.

 

b. The Office and Records Management Committee

i. Jurisdiction. The Office and Records Management Committee shall have jurisdiction over the

design and implementation of such rules and other protocols governing the use of the SG office

space, the SG bulletin boards, and the SG records, as are necessary to ensure the maintenance

of an office which promotes the transparency, accessibility, efficiency, and overall effectiveness

of SG.

ii. Enumerated Responsibilities. The Office and Records Management Committee shall:

A) Promulgate rules governing the use and maintenance of the SG office space, the SG bulletin

boards, and SG records;

B) Ensure the physical maintenance of an orderly SG office, and, to that end, also remind

students and student organizations to remove items stored in the SG office after a period of

time, in accordance with the rules, which have been promulgated by this Committee; and

C) Archive all SG documents in a prompt, orderly, and accurate fashion.

 

c. The Communications Committee

i. Jurisdiction. The Communications Committee shall have jurisdiction over the design and

implementation of such rules and other protocols governing SG communications, as are

necessary to ensure that the student body is adequately informed of the SG’s activities and

goals.

ii. Enumerated Responsibilities. The Communications Committee shall:

A) Ensure timely maintenance of the website;

B) Ensure the prompt and accurate release of SG public documents to the student body at-large

and/or the Law School community as a whole, including distribution of this Constitution to the

incoming 1L class during Fall Orientation and the student body at-large before each election;

and

C) Lead initiatives to utilize the unique resources of the SG website and any other web-based

communications.

 

d. The Elections and Polling Committee

i. Jurisdiction. The Elections and Polling Committee shall have jurisdiction over the design and

implementation of such Rules and other protocols governing all elections and polls conducted

by the SG, as are necessary to ensure that SG elections are run fairly, smoothly, and

democratically and that the SG is adequately informed of the needs and interests of the student

body. No SG Member shall sit on this committee if they are running in an election being

administered by this committee, and if a sitting member of this committee decides to run in an

election that will be administered by this committee, that member shall resign from this

committee immediately.

ii. Enumerated responsibilities. The Elections and Polling Committee shall:

A) Constitute itself before the Fall semester begins in order to prepare for 1L elections;

B) In collaboration with the CUNY Law Student Affairs Department, prepare, administer, and

publish the results of all elections for SG Members, Officer positions, and committee

placements, using the single transferable voting and instant-runoff voting systems;

C) Design, in consultation with the SG Steering Committee, polls which are pertinent and

relevant to the student body, and which have the intent or effect of keeping the student body

informed about current events and promoting collective student action on issues or events with

significant impact on the community;

D) Conduct these polls in an efficient, accountable, and reliable manner; and

E) Work together with the Officers to develop protocols for releasing the results of these polls.

 

e. The Academic Affairs Committee

i. Jurisdiction. The Academic Affairs Committee shall have jurisdiction over the design and

implementation of such Rules and other protocols governing the measures taken by the SG to

address issues pertaining to the academic life of students at the Law School.

ii. Enumerated Responsibilities. The Academic Affairs Committee shall:

A) Be responsible for soliciting and recording concerns, problems, and other comments from

the student body on matters of academic policy, teaching quality, curriculum, and other matters

pertaining to academic life at the Law School; and

B) Recommend any measures that it believes the SG should take on particular matters within its

jurisdiction.

 

f. The CUNITY Committee

i. Jurisdiction. The CUNITY Committee shall have jurisdiction over the design and

implementation of such rules and other protocols, as are necessary to ensure the protection and

promotion of the sense of community at the Law School, which sense is both unique among

schools and essential to the fulfillment of the dual mission of the school.

ii. Enumerated responsibilities. The CUNITY Committee shall:

A) Organize student forums on issues and problems significantly affecting the student body;

B) Plan and execute the end of the year party; and

C) Work with different members of the Law School community, including leaders of student

organizations, faculty members, and administrators, on the resolution of conflicts within the

community and organize events or actions designed to help resolve such conflicts.

3. Chairs

a. Qualifications

Each Standing Committee shall be chaired by a Member of the SG.

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i) The Communications Committee shall be chaired by the Vice President.

ii) The Office and Records Management Committee shall be co-chaired by the Secretaries.

iii) The Budget and Finance Committee shall be chaired by the Treasurer.

b. Appointments

The Co-Presidents shall nominate, and the SG General Body shall approve by simple majority at

a Session, the Chairs of the Elections and Polling, Academic Affairs, and CUNITY Committees,

as well as the Chairs of any Ad Hoc Committees created by the SG.

c. Responsibilities

i. Selection of other Committee Members. Each Chair shall be responsible for recruiting and

selecting other students to serve on the Standing Committee of which he or she is Chair. The

total number of members of any given Standing Committee shall be proposed by the Chair of

that Committee and shall take effect unless overruled by a majority of SG Members at a

Session. In all cases, however, the total number of members of any Standing Committee shall be

large enough to ensure the fulfillment of the enumerated responsibilities of that Committee. The

non-Chair members of the SG Standing Committee need not be members of the SG; however, in

the event that both Members of the SG and students who are not SG members are willing to

serve on the Committee and the Chair must choose some individuals over others, the Chair shall

give preference to Members of the SG over non-SG members.

ii. Status Reports. Each Chair shall prepare concise written reports on the current status of their

Committee’s tasks, deliberations, and actions. A report shall be due to the Whip at the beginning

of each week for which classes are in session, provided, however, that if there is no status

change, then the Chair may simply send the Whip a brief written message indicating the lack of

change in status. The Chair’s status report should not be longer than three paragraphs and shall

consist of the following:

A) a list of the specific tasks that the Committee has been charged with performing;

B) any progress made by the Committee on these tasks during the past week; and

C) what measures the Committee needs and plans to take next.

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d. Dereliction of Duty

If a Chair fails to send two (2) updates to the Whip as specified in Art. VI(B)(3)(c)(ii), then the

Chair shall have a meeting with the Vice President and receive a warning. If a Chair fails to send

three (3) or more updates to the Whip as specified in Art. VI(B)(3)(c)(ii), then the Chair shall lose

their seat as Chair, and the Vice President shall appoint another member of that Committee to

be Chair.

C. SG Steering Committee

1. Composition. The SG Steering Committee shall be composed of the Officers of the SG, the

Chairs of the SG Standing Committees, and the Chairs of any Ad Hoc Committees created by

the SG.

2. Time-sensitive decisions. The SG General Body may, by appropriate legislation, authorize the

members of the Steering Committee to make decisions on behalf of the SG General Body on

matters which are time-sensitive, but which also counsel deliberation among a body not solely

comprised of the Officers.

D. External Committees

1. Qualifications

Any Member of the SG or any interested CUNY Law student may serve on any External

Committee. The exception to this qualification is that a Member of the SG who is elected to

represent students ex-officio at the Faculty Meeting, is elected to sit on the Personnel and

Budget Committee, or is elected to sit on the Committee on Committees, cannot be elected to

another of those specific positions.

2. Appointments

a. Who may Nominate. Any member of the SG Steering Committee may nominate a Member of

SG or any interested CUNY Law student, including themself, to serve as a student representative

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on any external Committee containing a student representative seat which is filled neither by

means of election by the SG nor by administrative appointment.

b. Nomination and Approval. A valid appointment shall consist of a nomination by a member of

the SG Steering Committee followed by simple majority approval of that nomination by the SG

General Body. All such appointments shall take place by the end of the first General Session of

each academic year.

c. Vacancies. In the event that any student seat for any of the aforementioned external

committees remains vacant by the end of the first General Session, the Officers shall be

authorized to appoint students to such vacant seat(s). These appointments shall be presented

to the SG General Body during the next Session, at which time the appointments may be

overruled by a simple majority vote of the SG General Body at any Session, including the Session

at which such appointments were presented by the Officers.

ARTICLE VII | MEETINGS

A. Definitions

1. Categories of Meetings

There shall be two general categories of meetings:

(a) Sessions; and

(b) meetings other than Sessions which have been convened by the SG.

2. Sessions

a. Types. There shall be three (3) types of Sessions:

i. General, which shall be divided into three (3) subtypes;

A) Daytime;

B) Evening; and

C) Joint.

ii. Special; and

iii. Emergency.

b. General Sessions. A “General” Session is any of the six (6) Sessions scheduled by the

Co-Presidents as required by Art. V(D)(1)(a). Each General Session shall be designated a

Daytime General Session, an Evening General Session, or a Joint General Session, depending on

which program’s Members are required to attend.

c. Special Sessions. A “Special” Session is a Session other than a General Session which has

been proposed by a majority vote of the SG Steering Committee and which has been scheduled

and announced to the SG General Body at least one week in advance of the proposed date and

time.

d. Emergency Sessions. An “Emergency” Session is a Session other than a General or Special

Session which has been proposed by a majority vote of the SG Steering Committee and which

has been scheduled and announced to the SG General Body less than one week in advance of

the proposed date and time. Any Member who is unable, despite having made good faith efforts,

to attend an Emergency Session shall not be deemed in violation of Art. IV(D)(1).

3. SG Meetings Other than Sessions

Meetings other than Sessions which have been convened by the SG shall include but are not

limited to:

a. Deans’ Forums; and

b. Student Forums.

B. Attendance at Meetings

1. Attendance at Sessions

a. Member Attendance Requirements. Each Member shall attend all Joint General Sessions and

Special Sessions, and each Member shall make good faith efforts to attend any Emergency

Sessions. Each daytime Member shall attend all Daytime General Sessions, but it shall be

optional for evening Members to attend. Each evening Member shall attend all Evening General

Sessions, but it shall be optional for daytime Members to attend.

b. Absences.

i. A Member who has accumulated two (2) unexcused absences shall meet with the Whips and

receive a warning. A Member who has accumulated three (3) or more unexcused absences shall

be deemed to have vacated their seat.

ii. The following excuses shall qualify as excused absences:

A) Illness;

B) Conflict due to work or class schedule;

C) Conflict due to attendance at an external Committee meeting; and

D) Religious holiday or personal emergency.

iii. The Whips shall determine whether a given absence qualifies as excused or unexcused.

iv. The Whips shall provide written notification of all excused and unexcused absences to the

Secretary, who shall then archive such records. The Whips shall compile and submit to the

Secretary for archive all statements that were submitted to the Whips from Members explaining

an anticipated and/or actual absence.

c. Remote Attendance. In accordance with the New York Open Meetings Law, Chapter 47,

Article 7 § 103-A(2), until at least July 1, 2024, any Member attending via videoconferencing

from a location where the public can attend shall be considered in attendance.

2. Attendance at Non-Session SG Meetings

a. All Officers shall attend all Deans’ Forums and Student Forums.

b. Any Member other than an Officer shall not be deemed in violation of Art. IV(D)(1) for failure

to attend SG meetings other than Sessions.

C. Quorum for Sessions

A quorum shall consist of one half of the current Membership required to attend a particular

Session plus one (50.0% + 1) and is necessary to conduct official business at any Session. Until

at least July 1, 2024, any Member attending via videoconferencing from a location where the

public can attend shall count towards quorum, so long as some public physical location for the

meeting has also been published. Quorum shall be presumed to be present unless it is

conclusively shown that quorum is not present.

D. Additional Rules for Sessions

1. The presiding officer shall temporarily step down when voicing preferences regarding matters

under deliberation.

2. All Sessions, except closed impeachment Sessions, shall be open to all members of the

community.

3. All Sessions may be conducted using any procedures that facilitate open debate and

consensus-building for the purpose of moving business forward.

ARTICLE VIII | ELECTIONS

A. Accordance with CUNY Bylaws

SG elections shall be held in accordance with CUNY Bylaws, and pursuant to the procedures and

guidelines set forth in this Article.

B. General Elections

1. 2L, 3L, and 4L Members. Second-, third-, and fourth-year daytime and evening Members shall

be students elected at-large by their respective classes and programs no earlier than the third

week of April, for a one-year term of office that begins on the third Friday in May and ends on the

final day of the next Spring semester.

2. 1L Members. First-year daytime and evening Members shall be students elected at-large by

the students of their first-year class and respective programs, with the election beginning no

later than the second Tuesday in September, for a one-year term of office that begins on the first

Monday in October and ends on the final day of the next Spring semester.

C. Nomination Processes

1. For all elections, there shall be a period of at least five (5) full weekdays, not including any

intervening holidays observed by CUNY School of Law, during which any eligible voter for the

election may nominate any eligible student, including themselves, for SG Member or an Officer

position. This Constitution shall be shared with the student body when soliciting nominations.

2. For all elections, there shall be a period of at least three (3) full weekdays, not including any

intervening holidays observed by CUNY School of Law, during which nominated students will

have the opportunity to accept their nominations and submit optional candidate statements.

This Constitution shall be shared with the nominated students when soliciting acceptances of

nominations.

D. Method of Elections

1. Only duly-enrolled students at the CUNY School of Law may vote in a General or Special

Election for SG Members, and each student is entitled to cast one ballot to elect SG Members of

their specific class and program.

2. Only duly-elected SG Members may vote in an Election of Officers or External Committee

Placements.

3. Each voter may rank as many candidates of their specific class and program as they wish

using a single transferable vote system, or an instant-runoff vote system during a special

election for a single Member or when voting for Officers and single external committee

placements.

4. Voting in all elections shall be conducted electronically, over a period of no less than five (5)

full weekdays, not including any intervening holidays observed by CUNY School of Law.

E. Campaigning Opportunities and Limitations

1. For all elections, the SG shall hold a candidate forum during the voting period, inviting all

candidates to participate.

2. Candidates shall not interrupt the course of a class to conduct campaign activities of any

kind.

3. No person except a CUNY School of Law student may endorse a candidate for SG Member,

Officer, committee Chair, or external committee placement, and no candidate for such positions

shall accept any endorsement by any party except a CUNY School of Law student.

F. Election of Officers and External Committee Placements

1. All Officers and external committee placements shall be elected by the newly elected SG

Members using an instant-runoff vote system no later than the second Monday of June for a

one-year term of office that begins July 1 and ends on the final day of the next Spring semester.

All second-, third-, and fourth-year elected representatives are qualified to run for Officer

positions and external committee placements.

2. In the event of a vacant Officer position or external committee placement, the Officers shall

hold a Special Officer Election or Special External Committee Placement Election, wherein all SG

Members shall elect by simple majority a duly-elected Member of SG to fill that Officer position

or external committee placement at a Session within two weeks after the vacancy of the Officer

position or within two weeks after the filling of the vacant SG Member’s seat, whichever is later.

3. The Officer positions are as follows:

a. the Daytime Program Co-President;

b. the Evening Program Co-President;

c. the Vice President;

d. the Daytime Program Secretary;

e. the Evening Program Secretary;

f. the Treasurer;

g. the Daytime Program Whip.;

h. the Evening Program Whip; and

i. the Student Director of Disability Issues.

4. Members may run for more than one of the following external committee placements, but if

elected to more than one, they must choose which one they would like to sit, and the other(s)

will be filled by the runners up or by a majority vote of the SG General Body. The external

committee placements are as follows:

a. the ex-officio members of the Faculty Meeting;

b. the Personnel and Budget Committee seat; and

c. the Committee on Committees seat.

G. Special Elections

1. When a duly-elected SG Member of any class or program resigns, is impeached, or becomes

incapable of performing their duties for any reason, and no remaining non-Member candidate

from the previous General Election is willing to accept their seat, a special election shall be held

to fill their seat.

2. Any special election must begin no later than the first day of the next full week after the seat’s

vacancy.

3. A SG Member elected via special election shall serve the remainder of the vacant Member’s

term, until the end of the final day of the next Spring semester.

4. Only the students of the class and program who were previously eligible to vote for the SG

Member who vacated the seat shall be eligible to vote in the special election.

ARTICLE IX | IMPEACHMENT

A. Who May Bring an Impeachment Charge

Any Member other than the President may bring impeachment charges against any other

Member, including the President. An impeachment charge must be presented at a Session in

order to take effect.

B. Number of Votes Required for Removal

Impeachment and subsequent removal from office requires a two-thirds vote of the Members

present at a Session.

C. Procedure for Impeachment Proceeding

1. Hearing

Both the accusing Member and the accused Member shall be called upon to present their

respective cases in Session. The accused Member shall be excluded from subsequent

deliberation and voting during the remainder of the impeachment proceeding.

2. Deliberations and Voting

a. Recorded Vote. The presiding officer shall under all circumstances call for a recorded vote on

any motion to remove by impeachment.

b. Where the Accused is an Officer. If the accused Member is also an Officer, then the presiding

Officer shall call a vote on whether to remove the accused Member solely from their current

Office or whether to remove the accused from their seat entirely.

c. Standard for Removal by Impeachment. When voting on whether to remove the accused

Member by impeachment, each Member shall vote to remove the accused Member, only if that

Member has engaged in conduct that is in substantial violation of the provisions of the SG

Constitution.

d. Closed Session. All impeachment proceedings shall take place in closed Sessions of the SG,

wherein only Members and any testifying witnesses may be present during these proceedings.

ARTICLE X | AMENDMENTS

A. Who May Request an Amendment

Written requests to amend this document may be made by any matriculated student, regardless

of whether they are a Member of the SG.

B. Procedure for Ratification of Amendments

The procedure by which a proposed Amendment to the SG Constitution shall be ratified is as

follows:

1. The proposed Amendment shall be sponsored by at least one (1) Member and co-sponsored

by at least two (2) other Members.

2. The proposed Amendment shall be presented to the whole student body, by both paper and

electronic means, a minimum of one (1) week prior to the date on which the vote on the

proposed Amendment is scheduled.

3. The proposed Amendment shall be deemed ratified by either of the following methods:

a. Ratification by Membership. A proposed Amendment may be ratified by the SG Membership,

if carried by a two-thirds (66.67%) majority of the Membership present at the Session for which

the vote is scheduled.

b. Ratification by Referendum. A proposed Amendment may be ratified by the student body

at-large, if both of the following conditions have been met:

i) More than half (50.0% + 1) of the currently matriculated student body at-large votes in the

referendum; and

ii) At least two-thirds (66.67%) of the students who voted in the referendum have voted in favor

of the proposed Amendment.

Adopted by Student Government Spring 2009, updated April 27, 2023.

CUNY Student Domestic Trip and Travel Guidelines

Safety and Risk Management Safety and Risk Management

REVISED March 16, 2018

TABLE OF CONTENTS:

PURPOSE ........................................................................................................................................ 1

DOMESTIC STUDENT TRIP AND TRAVEL DEFINED......................................................................... 1

Trips Covered by These Guidelines..................................................................................................1

Trips Not Covered by These Guidelines...........................................................................................2

PROCEDURES FOR APPROVAL AND IMPLEMENTATION OF A CUNY TRIP …………………………………..3

Faculty and Staff Roles.....................................................................................................................3

Planning and Preparation ................................................................................................................4

Destination Research

Eligibility Requirements

Travel Approval Form

High Risk Activities

Off-campus activity participation and waiver

Retention of forms

Contracts related to CUNY trips

Insurance

Methods of Transportation

TRAVEL REQUIREMENTS AND PROCEDURES FOR CUNY TRIPS ................................................... 8

Requirements and Responsibilities of Students on CUNY Trips......................................................8

Orientation and Training

Mandatory Training for Overnight Trips

Behavioral Standards

Student Organizations

Requirements and Responsibilities of Administration, Faculty & Staff for CUNY Trips..................11

 

Pre-trip communications

Trip Sponsor Expectations

Trip Chaperon Expectations

V. EMERGENCY PROCEDURES FOR TRIPS SPONSORS AND CHAPERONES ………………………………………...... 13

FORMS

CUNY OFF-CAMPUS STUDENT TRAVEL APPROVAL FORM........................................................... 15

Approval (SignaturesRequired)......................................................................................................16

CUNY OFF-CAMPUS ACTIVITY PARTICIPATION, WAIVER, AND EMERGENCY

CONTACT FORM (DOMESTIC TRAVEL) ......................................................................................... 19

Email Contacts:

Risk Management: ehsrm@cuny.edu

Legal: ogc@cuny.edu

 

I. PURPOSE

These updated CUNY Student Domestic Trip and Travel Guidelines are issued by the Office of Student Affairs, Office of Environmental, Health, Safety and Risk Management and the Office of the General Counsel, pursuant to the Board of Trustees Policy on International and Domestic Travel Guidelines for Safety and Risk Management, adopted as Calendar Item 4.A., at the Board’s meeting on 28 November 2011.

The City University of New York (“University” or “CUNY”) encourages its students to participate in off-campus programs that provide valuable experiential learning as well as student engagement and community-building opportunities. The purpose of such travel should be consistent with the University’s mission, and must be planned so as to avoid undue interference

with students’ academic responsibilities.

These CUNY Domestic Travel Guidelines (“Guidelines”) communicate CUNY’s standards for domestic travel and provide guidance to CUNY students, faculty, and staff planning, supporting and undertaking travel organized under University auspices in which students participate, whether hat travel is for academic, co- or extra-curricular purposes. These Guidelines were designed to help ensure that such travel is planned in a way to mitigate foreseeable health and safety risks.

To help ensure that events or activities involving domestic student travel are consistent with the colleges’ and the University’s mission, and that student safety issues have been addressed, CUNY Domestic Trips must be approved by the Chief Academic Officer (“CAO”) or Chief Student Affairs Officer (“CSAO”) of the relevant college, in advance of travel and prior to the commitment of any University resources. To request approval, a faculty member, staff member or recognized student organization who is organizing an activity covered by these Guidelines must submit a completed Off-Campus Student Travel Approval Form to either (1) the CSAO, if for student organization travel or (2) the CAO, for academic-related (class-related) travel, faculty-led trips not associated with a particular course, or student organizations, and continuing education trips. A request for approval must be made no later than thirty days before the proposed trip; the CSAO or CAO may provide exemptions to the deadline at his/her discretion.

While these Guidelines cover many different areas, they may not provide clear guidance for every specific case. If the CSAO or CAO is uncertain which requirements apply to a trip or has concerns envisioning and planning the logistics of a trip or travel program, he/she should consult with the campus Office of Risk Management or EHS Office.

These Guidelines will be periodically updated; users should refer to the online version for the most current standards, located at OVSA- Student Policies & Procedures website under: CUNY Student Domestic Trip and Travel Guidelines.

II. DOMESTIC STUDENT TRIP AND TRAVEL DEFINED

Trips Covered by These Guidelines:

These Guidelines cover all CUNY Trips by students currently enrolled in any University program, including graduate and undergraduate and continuing education.

A “CUNY Trip” is any trip involving domestic travel (defined below) by students that is (a) organized by a University or college unit, office, department, or division, or by a recognized student organization, or otherwise carried out by a CUNY faculty member or administrator, or (b) funded, whole or in part, by any monies controlled by the University, a college, or a University/college-related entity, including, but not limited to, the CUNY Research Foundation, a college auxiliary enterprise corporation, or a college association/student services corporation.

“Domestic travel” means any activity or event not taking place on CUNY property but within the 50 states of the United States, including, but not limited to, trips to museums, field trips, athletic events, service activities, alternate spring break, and retreats and conferences. Many trips within New York City are not deemed domestic travel for purposes of these Guidelines; see II.B.2 below.

Examples of activities and events that may fall within the definition of a CUNY Trip include, but are not limited to:

athletic team travel

trips and activities of recognized student organizations and clubs

college association and foundation-funded travel

course-related field trips and experiential learning

faculty-organized trips not directly related to a particular course

group or individual research projects and activities

group or individual internships and volunteer experiences, including service

learning trips

group or individual conference travel in which the student(s) officially represents the University and/or the travel is funded or sponsored by a recognized student group

B. Trips Not Covered by These Guidelines:

These Guidelines do not apply to domestic travel undertaken by students on trips that are neither (a) organized by CUNY, a recognized student organization, or otherwise carried out by a CUNY faculty member or administrator, nor (b) funded by CUNY or a

CUNY/college-related entity.

These Guidelines do not apply to day-trips (trips without an overnight stay) within the five boroughs of New York City (Bronx, Brooklyn, Manhattan, Staten Island and Queens) that require only the use of public transportation, or private or publicly-accessible transportation alternatives for students with disabilities, for travel, and do not involve high-risk activities. Nevertheless, the CUNY Office of Student Affairs recommends as a best practice that students participating in these trips sign an Off-Campus Activity Participation, Waiver, and Emergency Contact Form prior to the trip. Activities outside of the United States, as well as trips to Puerto Rico and other U.S. territories and protectorates, are beyond the scope of these Guidelines and are covered by CUNY’s International Travel Guidelines.

The advertising or distribution of an opportunity, such as an internship or other opportunity does not by itself constitute the sponsoring of a trip, making it a CUNY Trip.

Examples of activities and events not covered by these Guidelines include, but are not limited to:

Internships and volunteer opportunities sponsored, organized and funded by nonCUNY entities

Trips and activities organized independently by groups of, or individual students without CUNY involvement or funding

If you are uncertain if an event, activity or individual or group travel is covered by these Guidelines, please contact your campus Office of Risk Management or Office of Environmental Health and Safety.

 

CUNY neither sanctions nor prohibits any non-CUNY Trips and CUNY does not assume any

responsibility for them.

 

III. PROCEDURES FOR APPROVAL AND IMPLEMENTATION OF A CUNY TRIP

A. Required Faculty and Staff Roles:

Trip Sponsor: Each group CUNY Trip must have a Trip Sponsor, who has overall accountability for development and implementation of the CUNY Trip. The Trip Sponsor is the faculty or staff member responsible for reviewing the logistics of the trip, ensuring the collection of required information from the participants, pre-departure orientation delivery, overseeing the health and safety of students, designating a Trip Chaperone, and conducting follow up activities. The Trip Sponsor is also the primary campus contact person for the duration of the CUNY Trip. If the Trip Sponsor is also the Trip Chaperone, an alternate campus contact person must be designated for the duration of the trip.

 Trip Chaperone: Each group CUNY Trip must have a Trip Chaperone. A group shall be comprised of five (5) students or more, however, the Trip Sponsor, CSAO or CAO may determine that a Trip Chaperone is necessary for a trip with less than five (5) students. The Trip Chaperone is the CUNY faculty or staff member, or other designated individual approved by the college, who accompanies the students on the trip. This individual should be able to lend to the experience of the travel for the student group. They will monitor the behavior of the participants to ensure that CUNY policies and procedures are not violated, and oversee the health and safety of students. The Trip Chaperone must have the contact information for all students, and must be available to participants via phone or in-person at all times for the duration of any trip, including travel. The Trip Chaperone, either with or without the consultation of the Trip Sponsor, can dismiss students from a CUNY Trip if they determine any CUNY policies, procedures, or behavioral expectations pertaining to the CUNY Trip have been violated; see Section IV.A.3. The Trip Chaperone will also contact local resources, such as the police or hospitals, if necessary. The name and phone number for the Trip Chaperone must be included in the CUNY Off-Campus Student Travel Approval Form. In certain cases, a Trip Chaperone may not be a CUNY staff member, such as a CUNY Trip organized by, or affiliated with, an external organization. In these instances, the Trip Chaperone may be someone who is employed by that organization. Their contact information must be provided in the Off-Campus Student Travel Approval Form, and they must still adhere to CUNY’s requirements and expectations of a chaperone. Trip Chaperones employed by a non-CUNY entity must receive information on CUNY’s Sexual Misconduct Policy and must be directed to immediately report to the Trip Sponsor any incident of alleged sexual misconduct.

 Chaperone to Student Ratio: While a Trip Chaperone is mandatory for groups of five (5) or more students, for larger groups, it is recommended that a minimum of at least one (1) chaperone be assigned for every twenty (20) students who are participating in a CUNY Trip. The Trip Sponsor and the college CAO or CSAO should consider the following when deciding on the ratio for each specific CUNY Trip: length of trip; type of planned activities; lodging arrangements; trip duration; duration of activities on each day; transportation arrangements; previous travel experience with the same or a similar group of students; number of students under the age of 18, previous travel experience to the same or a similar location, and/or activities. A Trip Chaperone may be required to accompany a student for medical reasons or other emergencies, accordingly, multiple chaperones for each CUNY Trip should be considered whenever possible. When multiple chaperones are assigned, it is good practice to assign chaperones who identify with different genders, if possible.

 The CAO (for academic/class-related travel) or CSAO (for student organization travel) is responsible for approving all CUNY Trips and designated Trip Chaperones. They must ensure all documentation and requirements have been fulfilled, and that a Trip Chaperone has been assigned for each CUNY Trip that requires one.

B. Requirements for Proper Trip Planning and Preparation

The following are required for all CUNY Trips:

 The Trip Sponsor must conduct thorough research about the destination to be visited, including reviewing applicable travel bans, local transportation, overnight accommodations (if applicable), and dining options; create a detailed itinerary; and clearly communicate plans and expectations with participants. The health and safety of all participants is always the first priority in every aspect of planning the trip.

 The Trip Sponsor, with request or assistance from the Trip Chaperone, as appropriate, should give consideration to the lodging and overnight accommodations for the CUNY Trip, such as hotels and the residence halls/dormitories of universities. The accommodation must be safe and secure. CUNY recommends that all lodging be vetted through personal site visits by the Trip Sponsor or Trip Chaperone, if practical. If the Trip Sponsor or staff has not previously used or seen the accommodation, he/she should obtain full descriptions and multiple pictures and/or videos and thoroughly check reviews and references (possibly including making inquiries regarding the experience of other colleges and universities) during the planning phase.

 The Trip Sponsor with request or assistance from the Trip Chaperone, as appropriate should identify local resources for emergencies such as medical care or other local contacts prior to departure. Anticipate and plan for emergencies such as theft, illness, vehicle breakdowns, accidents, inclement weather, vandalism, missing persons, etc. Thinking about the following types of questions may be helpful: Where will you go (or meet) if the group needs to evacuate the area? What will you do if a member of the group is a victim of a crime or is injured? What will you do if a participant cannot be located?

 The Trip Sponsor must identify eligibility requirements, core competencies, and/or skills required for a student to be qualified to participate on the CUNY Trip. The Trip Sponsor must candidly discuss with potential participants the abilities and inherent risks of the proposed activities. Trip Sponsors are required to scrutinize all proposed activities or events regarding the relevance of those activities to the trip’s purpose.

The Trip Sponsor must complete an Off-Campus Student Travel Approval Form for the trip. A CUNY Trip is not approved until the applicable Chief Academic Officer or Chief Student Affairs Officer signs the Off-Campus Student Travel Approval Form. The Off Campus Student Travel Approval Form must include destination, location of accommodations, departure and anticipated return date and time, mode of transportation, local contact information, and the cell phone numbers of the Trip Sponsor and Trip Chaperone.

 Description of Activities. The Off-Campus Student Travel Approval Form requires that all planned activities be described and that high-risk activities be specifically highlighted. High risk activities are activities that may expose students to hazards that are significantly greater than those encountered in their everyday lives or activities that offer potentially serious risks of severe injury, major property damage, and/or significant financial loss. The hazards of some high risk activities may be minimized through planning and training regarding standard operating procedures.

 High risk activities include activities such as sky-diving, whitewater rafting and extreme sports, and also include activities such as events at which alcohol will served, activities taking place in isolated areas far from medical resources, and activities at which large crowds and/or protesters are expected.

 Activities might also be high risk because of environmental hazards. The Trip Sponsor, with request or assistance from the Trip Chaperone, as appropriate should identify any known potential hazards related to the trip such as excessive heat, insect borne diseases, wild animals, hazardous plants or terrain in the vicinity, etc.

 If in doubt about whether a specific activity would qualify as “high-risk”, it should be  outlined in the Trip Proposal, with details on its relevance to the trip’s purpose and safety provisions.

 After the CUNY Trip is approved by the Chief Academic Officer or Chief Student Affairs Officer, but before the trip, the Trip Sponsor or Trip Chaperone collects a signed Off- Campus Activity Participation, Waiver, and Emergency Form from each student who plans to participate.

 Students under 18 participating in a CUNY Trip are required to have a parent or  guardian sign the Off-Campus Activity Participation, Waiver, and Emergency Forms in the presence of a notary.

Students 18 and older participating in a CUNY Trip are not required to have a parent or guardian sign the Off-Campus Activity Participation, Waiver and Emergency Forms, nor are they required to have it notarized.

Students who fail to supply appropriately-signed and notarized (when necessary) Off-Campus Activity Participation, Waiver and Emergency Forms before the CUNY Trip will be denied participation in the CUNY Trip.

No Friends or Family: Except with the explicit prior written permission of the Chief Academic Officer or Chief Student Affairs Officer, friends and family of faculty, staff, and students are not eligible to participate in sponsored trips.

Forms Retention:

 The department or organization sponsoring the CUNY Trip must keep signed copies of the Off-Campus Student Travel Approval Form and the Off-Campus Activity Participation, Waiver, and Emergency Form on file for six (6) years after the CUNY Trip has ended, pursuant to CUNY’s Records Retention Policy

Health and medical information contained in the forms shall be kept confidential and shall be disclosed on a need to know basis as necessary for health and safety purposes.

Purchases and Contracts Related to CUNY Trips. CUNY Trips may involve a variety of contracts, including with trip organizers, transportation and accommodation companies, and host institutions. CUNY’s procurement and contract signatory authority procedures and policies apply to all purchases and contracts related to CUNY Trips. Purchases and contracts using CUNY funds, whether tax levy or non-tax levy, or otherwise in the name of CUNY or a college, must be processed through the applicable college purchasing office. No commitments related to a CUNY Trip shall be made until the Chief Academic Officer or Chief Student Affairs Officer has provided written approval for a given trip and the CUNY Office of General Counsel has reviewed and approved the contract. No OGC-approved contract may be signed except by an official designated pursuant to CUNY policy to sign such a contract.

Notice to Non-CUNY Entity. For trips that are funded by CUNY, as defined above, but also involve a non-CUNY Entity, the Trip Sponsor is responsible for notifying the non-CUNY entity of CUNY’s obligations under Title IX and other federal and state laws and regulations and CUNY’s Sexual Misconduct Policy. The Trip Sponsor is responsible for advising the appropriate individual(s) at the non-CUNY entity to notify the Trip Sponsor immediately of any alleged incident of sexual misconduct or any other incident in which a CUNY student is alleged to have experienced or engaged in any form of violent, threatening or harassing behavior.

Reporting to Public Safety and the Title IX Office. Trip Sponsors are “Campus Security Authorities” under the Clery Act, meaning that they are required to report allegations of crimes that are reportable under the Clery Act to Campus Public Safety. Therefore, Trip Sponsors are required to report all incidents of alleged misconduct that could constitute a criminal offense, regardless of whether the incident involves CUNY students or personnel. Campus Public Safety will determine whether the incident is required to be reported on the college’s Annual Security Report pursuant to the Clery Act.

 

In addition, Trip Sponsors are also “Responsible Employees” under CUNY’s Policy on Sexual Misconduct. As such, they are obligated to report any instances of sexual misconduct to their home campus’ Title IX Coordinator, Director of Public Safety, or Chief Student Affairs Officer. Trip Sponsors may learn of an allegation of sexual misconduct directly from the complainant, or, through a third party. In either situation, the Trip Sponsor has an obligation to report.

Insurance. CUNY does not currently have a standard of medical insurance coveragevfor domestic student travel. All CUNY Trip participants are responsible for any medical costs they incur during and/or as a result of the trip. The Trip Sponsor is responsible for communicating this fact to the trip participants.

Methods of Transportation. When traveling, all Trip Sponsors and Trip Chaperones shall observe the following transportation guidelines:

Utilize commercial transportation whenever possible (e.g., Amtrak, Greyhound, etc.).

Consult the University’s Vehicle Use Policy for appropriate requirements if college vehicles are being utilized. Only University or affiliated entity employees who meet the minimum requirements defined by the Vehicle Use Policy are permitted to operate University-owned vehicles.

Rented vehicles may be utilized for CUNY Trips only with the prior approval of the appropriate college official; only those employees that meet the minimum requirements under the Vehicle Use Policy may drive rented vehicles.

Work with the campus business office to ensure insurance coverage is adequate and insurance is appropriately identified for chosen transportation options.

Trip Sponsors and/or Trip Chaperones may not drive students in personal vehicles on CUNY Trips unless no commercial transportation can be arranged, no University vehicle is available, or in case of emergency. Employees who use their personal vehicles for CUNY Trips must comply with all Vehicle Use Policy requirements and maintain the minimum statutory automobile liability limits as required by the State in which the vehicle is registered. Certificates of insurance verifying these minimum limits may be requested and must be provided upon request. Trip Sponsors or Trip Chaperones must remind all trip participants choosing to ride in a private automobile that they do so voluntarily and at their own risk. The University does not insure or accept liability for any damage, loss, or injury resulting from the use of or riding in a private vehicle.

IV. TRAVEL REQUIREMENTS AND PROCEDURES FOR CUNY TRIPS

A. Requirements and Responsibilities of Students on CUNY Trips:

Orientation and Training: If determined necessary by the Trip Sponsor, before departure, all participants must submit all required paperwork and participate in mandatory orientation events.

Mandatory Training for overnight CUNY Trips:

a. Students participating in any overnight CUNY Trip must have completed training on sexual misconduct awareness and procedures for reporting allegations of sexual misconduct, as well as, alcohol use awareness training. Training must be verified to have been completed within twelve months prior to trip departure, or immediately upon arrival.

Pre-Departure Training for Students on Sexual Misconduct: Training for students on CUNY Trips must include the following:

Process for reporting complaints of sexual misconduct;

Identification of employees who can keep information confidential;

Definition of affirmative consent under CUNY’s sexual misconduct policy;

Investigative process as it applies on campus and the CUNY Trip: investigation may not be completed until return to campus;

Importance of preserving evidence when possible;

Drug and alcohol use amnesty;

Options for continuing with CUNY Trip or returning to campus;

Availability of counseling services on campus;

Availability of interim measures on return to campus, including no-contact order;

Availability of interim measures while on CUNY Trip;

Disciplinary process on campus, including possible penalties;

Assistance in filing criminal complaints;

Risk reduction strategies;

Retaliation.

Behavioral Standards: Trip Sponsors shall inform students that they are asked to abide by the following behavioral expectations:

Students are representatives of CUNY and their campuses, whenever they participate in a CUNY Trip.

All CUNY Trip participants are required to:

obey the laws of the New York City, New York State, and the United States; the laws of the trip destination, the rules and maintenance of public order pursuant to article 129-a of the education law (“Henderson rules”) and the policies, regulations and orders of the college and its appointed representatives. In the event that the laws of New York City and/or New York State, and the laws of the trip destination conflict, the Trip Chaperone will make a determination as to the appropriate course of action;

The students’ behavior at off-campus activities is reflective of their college and the University, and, therefore, students are expected to conduct themselves appropriately and comply with applicable University policies, procedures, rules and regulations. Violations of the foregoing requirements may subject participants and sponsoring organizations to disciplinary action pursuant to Article XV of the CUNY Board of Trustees Bylaws;

Trip participants need to be aware and understand that the circumstances of an offcampus activity may require a standard of decorum that may differ from that applicable on campus or at home, and be aware that compliance is important to the success of the trip and to the University's willingness to permit future similar activities. Participants should be aware that the college retains discretion to impose additional requirements and/or behavioral standards as circumstances warrant.

All CUNY Trips must conform to the CUNY Policy on Drugs and Alcohol. All trip participants are reminded that CUNY Trips are a “CUNY-sponsored activity” and that the CUNY Policy on Drugs and Alcohol states: “The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by anyone, on CUNY property (including CUNY residence halls), in CUNY buses or vans, or at CUNY-sponsored activities, is prohibited.” All trip participants are also prohibited from bringing alcohol onto CUNY Trip locations. Drug and alcohol abuse and misuse will not be tolerated on CUNY Trips. Violation of CUNY regulations or policies may result in immediate dismissal from the trip and academic and/or disciplinary action upon return to campus. If the Trip Sponsor or Trip Chaperone, at their discretion, concludes that a student participant has violated local laws and/or CUNY regulations or policies this may result in immediate dismissal from the CUNY Trip and/or disciplinary action upon return to campus. This decision must be made in concert with the Chief Academic Officer, Chief Student Affairs Officer, or their designee. A student dismissed from a CUNY Trip for a documented violation of University or trip rules may be required to depart at the student’s own expense, without credit or refund of any monies paid for. For further information see the CUNY Drug and Alcohol Policy, please visit: 

CUNY is committed to promoting a safe and secure environment for all members of our community. CUNY’s policies prohibit sexual misconduct, including sexual harassment, gender based harassment, and sexual violence of any kind. All students, faculty and staff are expected to maintain a working and learning environment free from harassment and discrimination. CUNY does not tolerate sexual misconduct committed by CUNY Trip participants (students, faculty, or staff), whether at the home campus or while in travel status; it is illegal and prohibited by University policy.

A CUNY participant who experiences or observes sexual misconduct during a domestic trip should report the incident to the Trip Chaperone, Trip Sponsor, campus Title IX Coordinator, and/or campus Public Safety Director.

A CUNY Trip participant who is the victim or observes sexual misconduct while under the influence of drugs or alcohol should seek medical help and report the incident. The participant will not be disciplined for the drug/alcohol use in accordance with the CUNY Drug/Alcohol Use Amnesty Policy.

iii. Retaliation is illegal. Retaliation is adverse treatment of an individual because he/she made a sexual harassment/sexual violence or other discrimination complaint, opposed discrimination/sexual harassment/sexual violence, or cooperated with an investigation. The University will seek to discipline anyone found to have engaged in retaliation.

Participants are reminded that faculty and staff are prohibited from engaging in intimate relationships with students for whom they have a “professional responsibility”. Pursuant to CUNY’s Policy on Sexual Misconduct, faculty and staff that accompany students on trips have a professional responsibility for those students.

CUNY will use its best efforts to handle allegations of sexual misconduct on a domestic trip in the same manner that it handles allegations of sexual misconduct on campus. Due to logistical limitations, CUNY is not always able to investigate incidents that are alleged to have occurred during an off campus trip in the same time frame or in the same manner that it investigates incidents that are alleged to have occurred on campus. However, to every extent possible, CUNY will offer and provide interim supportive measures to the students involved.

If a student has experienced sexual misconduct during a CUNY Trip, he or she is entitled to support from trip staff on site, or a CUNY faculty or staff for group trips, and on campus upon the student’s return. For more information see the University Policy on Sexual Misconduct.

Participants in CUNY Trips are responsible for their own behavior and any resulting consequences. The University shall not be liable for any loss, damage, injury, or other consequence resulting from a participant’s failure to comply with University rules and regulations, the direction of University employees, or applicable laws.

Participants in CUNY Trips are required to comply with lawful directions issued by representatives of the University when they are acting in their official capacities. Failure to comply with lawful directions may result in disciplinary action pursuant to applicable University disciplinary processes, if any.

 Student Organizations: The Trip Sponsor must identify a Trip Chaperone that will travel with the group or be the onsite liaison with the campus, as per approval by the CAO or CSAO.

Students should approach offers to organize travel with caution, especially if they offer clinical or other professional experience. Trips emphasizing volunteer service/humanitarian goals should be scrutinized in terms of the participants’ ability to provide meaningful assistance in light of their qualifications, and in terms of their ability to employ standard safety procedures in that setting.

In order to avoid conflicts of interest in recruiting CUNY Trip participants, student organization officers may not personally accept free or discounted travel in exchange for meeting a recruitment quota.

Driving: If students decide to operate a motor vehicle, it is at their own risk.

B. Requirements and Responsibilities of Administration, Faculty & Staff on CUNY Trips:

Pre-Trip Communications: Before Departure the Trip Sponsor or Trip Chaperone shall communicate with all trip participants via a pre-trip meeting, email, or other written means, the planned itinerary, behavioral expectations transportation, and lodging details so that all trip participants are aware of what they can expect.

Trip Sponsor Expectations: Trip Sponsors shall ensure that the following, as applicable, is communicated either by themselves or the Trip Chaperones to the trip participants:

 Remind all students to carry any personal medications that they require, health insurance cards and emergency contact information at all times. Remind participants to be mindful of any prescription drug or over-the-counter medication program they take, and plan with their medical provider to ensure an adequate supply for the duration of the trip.

Advise trip participants that they may want to voluntarily disclose to the Trip Chaperone any disabilities, problems, or health issues that may need to be accommodated during the trip. For programs requiring an application process, the medical and health disclosure should take place only after the participant gains acceptance to the program. The program will be better able to serve the needs of participants who disclose that they are asthmatic, diabetic, or experience particular drug and food allergies prior to departure.

Remind trip participants to take the necessary precautions during times of extreme temperatures or weather conditions. For instance, when it is hot, participants should stay hydrated and wear light and light-colored clothing and use sunscreen if there is a lot of sun exposure.

Remind trip participants to be vigilant of their surroundings. For example, participants should be advised that they should employ safety skills such as not travelling or going out alone, being careful at night, etc. Provide trip participants with information about the neighborhoods in and around the destination site(s).

Advise trip participants that valuables either should not be brought along on the trip or should be secured at all times; discourage participants from bringing large amounts of cash and remind them to secure wallets and purses to avoid pickpocketing.

When participants are placed in dorms or hotels with roommates, the adjustment to sharing close quarters may be significant. Prior to departure for the trip, Trip Sponsors should inform participants that they will share and occupy space with students who may be different from them in terms of race, ethnicity, sexual orientation, physical abilities, religious observances etc.

Remind trip participants to report any incidents of sexual misconduct that they observe or experience to the Trip Chaperone, Trip Sponsor, the campus Title IX Coordinator, and/or Campus Public Safety.

Trip Chaperone Expectations: Trip Chaperones have many responsibilities before, during, and after the CUNY Trip whether at CUNY, while in route, and while at the destination of the trip. Trip Chaperones shall:

a. exchange emergency contact information (phone numbers and email addresses) with trip participants;

be available and on-call at all times (24/7) during the CUNY Trip to respond to trip participant concerns and problems as needed;

at all times (24/7) during the CUNY Trip, have access to a full set of student participant Off-Campus Activity Participation, Waiver, and Emergency Contact Forms and leave copies that are accessible by the Trip Sponsor at the CUNY institution;

serve as the official University representative in cases of emergency;

coordinate emergency response and all communications between and among the college, the University, and the relevant persons and organizations on-site;

notify authorities at the local site in the event that one or more trip participants cannot be accounted for or is missing;

ensure students receive medical attention by trained professionals in case of a medical emergency;

be familiar with and follow all existing University policy and guidelines, including those on sexual misconduct and confidentiality and federal laws and regulations such as FERPA, and the Clery Act;

conduct all appropriate follow-up activities, such as completing any incident reports;

complete training on sexual harassment and sexual violence awareness for employees. Training must be verified to have been completed within twelve months prior to trip departure

be considered Responsible Employees under CUNY’s Policy on Sexual Misconduct and be required to report any allegations of sexual misconduct of which they become aware to the program’s Campus Director who will report the incident to the campus Title IX Coordinator, or during evening and weekend hours, to public safety. Such notification must occur as soon as possible but no later than twenty-four hours after notice of the incident;

be considered “Campus Security Authorities” under the Clery Act, meaning that they are required to report allegations of crimes that are reportable under the Clery Act to Campus Public Safety. Therefore, the Chaperones are required to report to the trip sponsor and/or Campus Public Safety all incidents of alleged misconduct that could constitute a criminal offense. Campus Public Safety will determine whether the incident is required to be reported on the college’s Annual Security Report pursuant to the Clery Act.

be prohibited from engaging in intimate relationships with students for whom they have a “professional responsibility.” Pursuant to CUNY’s Policy on Sexual Misconduct, faculty and staff that accompany students on trips have a professional responsibility for those students;

For overnight group trips, conduct or ensure pre-departure training for all trip participants including sexual misconduct awareness and reporting procedures, as well as alcohol use awareness as outlined in Section IV.A.2;

Trip Chaperones are asked to abstain from consuming alcoholic beverages for the duration of the trip.

In order to avoid conflicts of interest, Trip Chaperones are prohibited from personally accepting free or discounted travel in exchange for meeting a recruitment quota.

V. EMERGENCY PROCEDURES FOR TRIP SPONSORS AND CHAPERONES

As applicable, Trip Sponsors and Trip Chaperones shall:

make reasonable efforts to plan for trip emergencies and contingencies, consistent with professional standards for the organization of educational trips;

be prepared to contact appropriate service providers and notify authorities at the site in the event that one or more students are missing or cannot be accounted for at the destination site. If, following an immediate search, the student(s) cannot be located; the Trip Sponsor/Trip Chaperone shall contact local police and the Trip Sponsor, or campus public safety, and shall make every effort to reach the student’s emergency contact. The Trip Sponsor/Trip Chaperone in consultation with college officials shall determine whether other students should leave the site and whether the Trip Chaperone should remain at the site where the student went missing or proceed with the rest of the students to the next location. Emergency contacts must be notified and kept updated as to the status of the search for the missing student(s);

contact local police or law enforcement to report theft, vandalism, or any other criminal activity;

contact the local emergency medical provider for medical emergencies;

contact the Chief Academic Officer, the Chief Student Affairs Officer, or the Office of Public Safety for emergencies;

complete any Incident Reports within 24 business hours of return to the campus, except for any allegations of sexual misconduct which must be reported as soon as possible but not later than within twenty-four hours of notice of the incident;

report all injuries or illnesses to the Chief Academic Officer or Chief Student Affairs Officer, as appropriate. In the event that a participant is severely injured, requires hospitalization or experiences another event that requires a substantive change to the itinerary, contact the Chief Academic Officer or the Chief Student Affairs Officer to determine the best course of action. Trip Chaperones must not leave a hospitalized student behind without having first notified the student’s emergency contact and developed a plan with the CSAO or CAO for addressing the situation.

report vehicle accidents to local police or law enforcement departments and to the appropriate campus officials, including public safety;

report all allegations of sexual misconduct of which they become aware. Advise student of the Trip Chaperone’s obligation to report and assist the student to receive medical attention where appropriate.

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