Policies and Procedures

This is not a comprehensive listing of all policies in Lehman College or the City University of New York, but a selected listing.

• CUNY ByLaws
• Election of Department Chairs
• Human Subjects Research
• Multiple Positions
• Sexual Harassment
• Lehman Space Policy
• Research and Teaching Involving Animals
• Workplace Violence Policy

Election of Department Chairs

Under the provisions of Article 9.1 of the Bylaws of The City University of New York, the elections of the departmental Chair and the members of the Departmental Committee on Personnel and Budget whose terms of office expire on June 30, of each year, must take place "during the first full week in May".

Under the Provisions of Section I.C.1. of the Governance Structure of Lehman College, the election of departmental delegates to the Lehman College Senate to replace those whose terms expire on June 30 of each year, must also take place during the same week of May.

All departments conducting elections must report the results of their election of Chair and P&B Committee members to the President in writing with a copy to the Office of the Provost. All departments are requested to report the results of their Senate representative elections to the President and Provost.

One representative shall be elected from each department by and from those members eligible to vote in that department.* [Governance Structure, Article I.C.1.a]

• The department chair must be tenured (or approved by the Board of Trustees for tenure at the time of his/her election), unless the department is less than seven years old. He/she must have faculty rank (i.e. be a Professor, Associate Professor, or Assistant Professor). [University Bylaws, Section 9.1.b.]
• Where there are fewer than three tenured Professors, Associate Professors, and Assistant Professors in the Department, the President may, except where the Department has been in existence for less than seven years, after consultation with the departmental faculty, recommend the appointment of a chair to the Board from among the members of the department holding professorial rank. Where the department chair is recommended by the President, the chair need not be tenured. [University Bylaws, Section 9.1.d.]
• The department chair is elected by a majority vote of all those persons in the department who have faculty rank or faculty status. [Governance Structure, Article III.A.]

Department Personnel and Budget Committee

• All members of the Committee must have faculty rank.
  [University Bylaws, Section 9.1.e.]
• A majority of the Committee must be tenured.
  [Governance Structure, Article IV.A.1.]
• The Committee is elected by a majority vote of all full-time members of the instructional staff in the department.
  [ Governance Structure, Article IV.A.2.]

* This provision from Governance Structure of Lehman College, Article I.C.1.a is understood to mean that whoever is qualified to vote for members of the departmental Personnel and Budget Committee can vote in the election of a departmental representative to the Lehman senate.

• In departments with fewer than four tenured faculty members, the President after consultation with the departmental faculty, shall appoint an ad hoc committee to make recommendations on appointments with tenure in lieu of a departmental Committee on Personnel and Budget.
  [University Bylaws, Section 9.1.e.]
• Students may serve on the department Personnel and Budget Committee in an advisory capacity to be determined by the department.
  [Governance Structure, Article III.B.1.]

Department Voting

• For voting on matters of educational policy, the departments may enfranchise all full-time faculty. Adjuncts and students may not vote. [University Bylaws, Section 9.1.a.]
• Students may have voting rights on standing committees of the department except on the Personnel and Budget Committee. [Governance Structure, Article VIII.B.1. and 2.]
• Members of the department who are on leave of absence (which does not include Travia leave) are eligible to vote but must be present to do so. [Bronstein memorandum to chairs, dated April 28, 1972.]
• Proxy or mail voting shall not be permitted. [University Bylaws, Section 9.1.b.]
• No one with faculty rank or status who has received notice of non-reappointment or has submitted a resignation is permitted to vote in the faculty of which he/she is a member or in his/her respective department. [University Bylaws, Section 8.1. and 2.]
• Someone with faculty rank or status who is retiring shall retain his/her voting rights during his/her last year of service, except that Travia Leave is not considered to be "service". [University Bylaws, Section 8.1. and 2.]

Definitions (as applicable to departments in the above):

• Faculty Rank: Professors, Associate Professors, Assistant Professors, but not including the aforementioned in Visiting, Substitute, or Adjunct titles. [University Bylaws, Section 8.1.]
  
• Faculty Status: Instructors or Lecturers (full-time) who have been reappointed on an annual salary basis for a third or later year of continuous full-time service; but not including the aforementioned in Visiting, Substitute, or Adjunct titles. [University Bylaws, Section 8.2.]
  
• Instructional Staff: Professors, Associate Professors, Assistant Professors; College Laboratory Technicians series; Instructors; Lecturers; HEO series; but not including the aforementioned in Substitute titles. [University Bylaws, Section 6.1.]

Multiple Positions

Long-standing University policy mandates disclosure by faculty, as public employees, of certain information related to the performance of their duties and responsibilities as full-time members of the faculty. Attached is a revised Multiple Position Report Form [PDF].

This form must be completed and forwarded to your Department Chair by September 29, 2010. The form should then be reviewed by the Departmental Personnel and Budget Committee and the Department Chair. The completed forms will be forwarded by the Department Chair to the appropriate Dean no later than October 27, 2010, who will then forward them to the Human Resources Office no later than November 10, 2010.

The University is cognizant of the freedom of association and related protections afforded by the First Amendment; consequently, while this form requires full disclosure of all compensated activities beyond your regular full-time assignment, as well as any uncompensated commitments, you need not report incidental uncompensated activities related to your membership in academic, political, religious, social, cultural, or charitable organizations, provided such activities do not constitute a significant commitment of your time.

Please note that your form should be updated during the semester if your commitments change. Moreover, any intention of taking on activities covered by the regulations must first be approved by the College and should be reported to your Department Chair.

If you have any questions regarding the policy or seek further clarification, call Mr. Esdras Tulier, the College's Labor Designee, at 718-960-8559.

The New York State Ethics Commission has issued a ruling that beginning this fall semester, academic employees earning a salary in excess of $70,851 will be required to electronically file the financial disclosure previously contained in question “D” of the CUNY Multiple Position Form. The affected faculty will be contacted directly by the Ethics Commission in the next few weeks.

Sexual Harassement (a message from Chancellor Matthew Goldstein)

Sexual harassment is illegal.

As Chancellor, I take this opportunity to reaffirm the University's commitment to maintaining an employment and academic environment free from all forms of exploitation, intimidation, or harassment, including sexual harassment. The City University of New York does not tolerate sexual harassment. It is demeaning, offensive, illegal, and prohibited by University policy.

Every student, faculty member, staff member, and administrator is encouraged to become aware of and to support the University's Policy Against Sexual Harassment. To this end, we provide this interactive computer program to inform all members of the University community about sexual harassment -- what it is and how to prevent it in academic and workplace settings. A copy of the University's Policy Against Sexual Harassment is available for printing during the program. Revised and adopted by the Board of Trustees in 1995, the policy defines sexual harassment, provides examples of prohibited conduct, discusses penalties for offenders, and establishes procedures for handling complaints.

The University strives to foster a harassment-free environment -- one in which all of its members can work, study, and learn in an atmosphere of courtesy and mutual respect. As a member of the University community, you have a role to play in the attainment of this goal. I thank you for devoting further attention to this serious issue.

Matthew Goldstein
Chancellor

Summary of Policy against Sexual Harassment

Policy Statement

It is the policy of The City University of New York to promote a cooperative work and academic environment in which there exists mutual respect for all University students, faculty, and staff. Sexual harassment is inconsistent with this objective and contrary to the University policy of equal employment and academic opportunity without regard to age, sex, sexual orientation, alienage or citizenship, religion, race, color, national or ethnic origin, disability, and veteran or marital status. Sexual harassment is illegal under Federal, State, and City laws, and will not be tolerated within the University.

Prohibited Conduct

It is a violation of University policy for any member of the University community to engage in sexual harassment or to retaliate against any member of the University community for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.

Definition of Sexual Harassment

For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other oral or written communications or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing;
• Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or abusive work or academic environment.

Examples of Sexual Harassment

Examples of sexual harassment include, but are not limited to, the following:

• requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);
• submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity, because sexual advances have been rejected.
• sexual comments, teasing, or jokes;
• sexual slurs, demeaning epithets, derogatory statements, or other verbal abuse;
• graphic or sexually suggestive comments about an individual's attire or body;
• inquiries or discussions about sexual activities;
• pressure to accept social invitations, to meet privately, to date, or to have sexual relations;
• sexually suggestive letters or other written materials;
• sexual touching, brushing up against another in a sexual manner, graphic or sexually suggestive gestures, cornering, pinching, grabbing, kissing, or fondling;
• coerced sexual intercourse or sexual assault.

Consensual Relationships

Amorous, dating, or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between a faculty member, supervisor, or other member of the University community and any person for whom he or she has a professional responsibility. These dangers can include: that a student or employee may feel coerced into an unwanted relationship because he or she fears that refusal to enter into the relationship will adversely affect his or her education or employment; that conflicts of interest may arise when a faculty member, supervisor, or other member of the University community is required to evaluate the work or make personnel or academic decisions with respect to an individual with whom he or she is having a romantic relationship; that students or employees may perceive that a fellow student or co-worker who is involved in a romantic relationship will receive an unfair advantage; and that if the relationship ends in a way that is not amicable, either or both of the parties may wish to take action to injure the other party.

Faculty members, supervisors, and other members of the University community who have professional responsibility for other individuals, accordingly, should be aware that any romantic or sexual involvement with a student or employee for whom they have such a responsibility may raise questions as to the mutuality of the relationship and may lead to charges of sexual harassment. For the reasons stated above, such relationships are strongly discouraged.

Academic Freedom

This policy shall not be interpreted so as to constitute interference with academic freedom.

False and Malicious Accusations

Members of the University community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

Procedures

The University has developed procedures to implement this policy. The President of each college has ultimate responsibility for overseeing compliance with this policy. In addition, each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility is required to report any complaint of sexual harassment to an individual or individuals to be designated in the procedures. All members of the University community are required to cooperate in any investigation of a sexual harassment complaint.

Enforcement

There is a range of corrective actions and penalties available to the University for violations of this policy. Students, faculty, or staff who is found, following applicable disciplinary proceedings, to have violated this policy are subject to various penalties, including termination of employment and permanent dismissal from the University.

Some FAQs (Frequently Asked Questions) About Sexual Harassment

Q. How is sexual harassment complaints handled?
A. At each college, members of a Sexual Harassment Panel are available. They receive complaints of sexual harassment from members of the college community, explain the University complaint procedures, and may refer individuals to appropriate resources. The names, titles, telephone numbers, and office locations of college Panel members may be obtained in the college's Affirmative Action Office.

Q. Who may make a complaint of sexual harassment?
A. Any member of the college community may report complaints of sexual harassment to any member of the college's Panel.

Q. Must sexual harassment complaints be made in writing?
A. No. Sexual harassment complaints may be made by speaking to a member of the Panel. The Panel member may, however, request an individual to prepare a written statement setting forth the particulars of the complaint.

Q. Are sexual harassment complaints kept confidential?
A. It is not possible to guarantee absolute confidentiality. The privacy of persons who make complaints of sexual harassment will be respected. Information obtained in connection with bringing, investigating, or resolving complaints will be handled as confidentially as possible.

Q. Are there time limits for reporting sexual harassment to the panel?
A. There are no time limits for reporting sexual harassment to the Panel. However, allegations of sexual harassment should be reported as promptly as possible. Delay in making a complaint may make it more difficult for the college to investigate allegations.

Q. What should be done upon learning of an incident of sexual harassment involving another person?
A. A member of the University community with supervisory responsibility must report to the Panel Coordinator any incidents of sexual harassment of which he or she becomes aware or reasonably believes to exist. Other members of the University community who become aware of allegations of sexual harassment should encourage the aggrieved individual to report the alleged sexual harassment to a member of the Panel.

Q. Where can more information about the Sexual Harassment Policy and Procedures be obtained?
A. More information about sexual harassment can be obtained in the Affirmative Action Office at each college.

Lehman Space Policy

Introduction:

Space is a valuable institutional resource to be used to deliver Lehman College's educational programs, conduct scholarship and research, provide cultural activities, and support the service mission of the College. Space is allocated to departments through divisional deans and to other administrative units through the Vice Presidents in charge of these units. Factors that will determine assignment of space include: faculty and student FTEs, research and scholarship activity, and special needs of the division, departments, institutes, and centers to carry out their missions.

These guidelines have been developed in recognition of the fact that there are competing demands for space resources and that priorities for the assignment of these resources are needed. These guidelines have been developed by the ad hoc Space Policy Committee and have been reviewed by the College Committee on Faculty Personnel and Budget and the College Senate Committee on Campus Life and Facilities. The detailed information and listing of priorities follows in the sections dealing with the various space categories. In general, space is provided to departments and is under the control of the department chair. Department chairs, however, are required to justify to their deans the departmental needs for space required for instruction and scholarship. The following working principles should be used in developing departmental justifications:

• All faculty members are entitled to office space. Offices are to be allocated on a priority basis, with the highest priority given to full-time faculty. It is also recognized that space is required for departmental administrative and clerical activities and can be justified within this structure.
• All classrooms must be listed in the database maintained by the Registrar’s Office and campus facilities and when assigned to departments must be made available to general scheduling when not scheduled by the department.
• Specialized spaces, such as the IT Center, radio/television studios and theaters, and Core facilities, such as the Animal Care Facility, may require assignments outside of the standard departmental structure.
• Research laboratory space will be assigned with the highest priority given to funded research activity. New faculty members will be assigned appropriate space to develop their research programs. The nature of the research and the funding will be considered in the assignment of space. Faculty members are not entitled to laboratory space solely on the basis of title.

Academic Office Space

Deans are delegated authority to allocate/reallocate academic office space among their divisions. It is the responsibility of the Chair, and in the case of Institutes the Director, to allocate/reallocate office space within their department or institute.

Individuals should not be assigned more than one academic office. Under extraordinary conditions, when multiple roles are served by an individual, the Dean may authorize additional space. The use of academic office space for other-than-office functions (storage, lounge, coffee room, etc.) shall only occur with the concurrence of the divisional dean.

Priority for Office Space Assignment

All teaching faculty are entitled to academic office space. Due to limited resources, faculty may be required to share offices. The suggested priority for distribution of academic office space is as follows:

• Full-time faculty
• Part-time faculty/Adjuncts/Graduate teaching fellows
• 3. Professors emeriti
• 4. Visiting Scholars
• 5. Graduate students

Requests for Additional Academic Office Space

Requests for additional office space are made by the Chair or Institute Director and presented to the Dean(s) and Provost. When requesting additional office space, Chairs and Institute Directors are responsible for justifying their needs and addressing the following, as appropriate:

• Why additional office space is needed.
• Why internal realignment of office space will not meet additional space needs.
• Why modification of existing office space will not meet additional space needs.
• Potential benefits to the Department resulting from additional space.
• Recommendations for relocation of displaced function space and/or occupant.

It is expected that individual faculty members will be informed of planned changes in space specifically allocated to them or their program and will have the opportunity to comment on and influence such decisions.

Classroom Space

• The Registrar is responsible for maintaining an up-to-date inventory of all classrooms located on the Lehman campus and conducting utilization studies as necessary.
• Divisions/Departments will be assigned classrooms to conduct their educational programs. When these classrooms are not scheduled by the departments to which they are assigned, they return to the general classroom inventory to be assigned by the Registrar according to the following priorities:
  • Credit-bearing courses and programs
  • Continuing Education courses and programs
  • Other non-credit courses
• While it is recognized that departments may develop specialized areas such as departmental libraries and seminar rooms, these areas may be utilized as classroom space when not used by the department (see Policy on Specialized Spaces). With the exception of delineated and approved specialized areas, departments do not have exclusive use of any classroom.
• All requests for additional classroom space, with the exception of specialized areas, and changes in the use of existing classroom space must be submitted to the Registrar. The Registrar in consultation with the appropriate dean shall be responsible for determining the use of current space assignments and for space reallocation.
• Room changes are made only through the Registrar. Faculty are not authorized to make room changes on their own initiative and without prior approval. Such changes are to be requested through a faculty member's departmental chair and dean to the Registrar.
• Since classroom space is in such short supply, no classroom may be converted to any other use without a justification from the Chair and approval by the Dean and Provost.

Specialized Spaces, Computer Classrooms and IT Center

The spaces identified as specialized spaces are the following:

• Radio Studio
• Television Studio
• Electronic Music Lab
• Seminar and conference Rooms
• Language Lab
• Art Studios
• Theatres
• Teaching Labs
• Demonstration classrooms
• Dance Studio
• Library conference rooms
• Speech and Hearing Clinic

The nature of these spaces is such that they must be carefully maintained, monitored, and supervised by the Departments that house their academic programs.* These rooms may not be reconfigured. Requests to use these spaces when not in use by the department or division should be made to the chair of the department or the director of the program with a copy to the Dean (See attached forms.) Any costs resulting from the use of the space must be borne by the user. If no direct costs are incurred, the space can be used free of charge.

In the case of teaching labs, priority for use shall be the following:

• Department or Program credit-bearing courses
• Other credit-bearing courses
• Continuing Education
• Other non-credit-bearing courses

If the specialized space has special equipment, the user must have a technical assistant approved by the department during the entire time the space is being used. If there is an additional cost incurred to supply this user, the cost will be borne by the user.

*A complete inventory of all Department and Program specialized spaces will be attached.

Computer Classrooms and the IT Center

• The Registrar is responsible for maintaining an up-to-date inventory of all classrooms located on the Lehman campus and conducting utilization studies as necessary.
• The Registrar will continue to assign IT Center computer labs for instructional purposes. The labs are to be assigned according to the priorities established for general classroom space. The IT Center will provide the Registrar with current inventories of campus-wide computer classrooms and software. Faculty members who wish to use the IT Center computer labs must consult with the appropriate IT Center staff to determine which rooms meet their hardware and software needs.
• Prior to requesting space in the IT Center, divisions, departments, and programs must schedule their own computer labs first. Scheduling of these spaces will follow the policy for specialized spaces.

Research Laboratories

Research laboratory space will be assigned to departments or programs. The Chair or Program Director is responsible for assigning laboratory space to faculty in his/her department or program. The factors that should be considered in allocating research laboratory space are:

• research productivity, as indicated by faculty publications and acquisition of external research funding (including PSC-CUNY and CUNY awards)
• new hires who are establishing their research programs
• senior faculty who are redeveloping research programs

• Request For to Use Specialized Space [PDF]