Campus Safety and the Clery Act

Rules for the Maintenance of Public Order

New York Film Academy (NYFA) Board of Directors hereby adopts the following rules for the maintenance of public order on NYFA campus premises and other NYFA property used for educational purposes and a program for the enforcement of these rules, and do hereby authorize the President of NYFA to file a copy with the Regents and the Commissioner of Education as provided in Article 129A section 6430 of the New York Education Law.

I. Rules of Conduct:

A. All members of the NYFA community—students, faculty members, and members of the staff—shall comply with city, state, and federal laws and ordinances affecting the maintenance of order on NYFA premises.

1. Conduct that is violative of such laws and ordinances occurring on NYFA premises or when there is a nexus to the campus may be subject to both NYFA discipline and public sanctions as circumstances may warrant or dictate.
2. Conduct that is violative of such laws and ordinances that are not governed by Section I.A.01. above will ordinarily not be subject to NYFA discipline, unless such conduct
   • seriously affects the interests of the NYFA or the position of the member within the NYFA community, or
   • occurs in close proximity to NYFA premises and is connected to violative conduct on NYFA premises.

B. All members of the NYFA community are prohibited from engaging in conduct leading to or resulting in any of the following:

1. Interference with or disruption of the regular operations and activities of the NYFA.
2. Denial of or unreasonable interference with the rights of others—including persons not members of the NYFA community who are present as invitees or licensees—on NYFA premises. These rights include the right of academic freedom as well as constitutionally protected rights.
3. Injury to NYFA property, real or personal.
4. Unauthorized access to or occupation of nonpublic areas on NYFA premises but not limited to classrooms, seminar rooms, laboratories, libraries, faculty and administrative offices, auditoriums, and recreational facilities.
5. Unauthorized access to or use of personal property, including files and records.
6. Recklessly or intentionally endangering mental or physical health or forcing consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.

C. Visitors, including invitees and licensees, shall at all times conduct themselves in a manner that is consistent with the maintenance of order on NYFA premises, and their privilege to remain on NYFA property shall automatically terminate upon breach of this regulation. NYFA, in addition, reserves the right in its discretion to withdraw at any time the privilege of an invitee or licensee to be on NYFA premises. A trespasser has no privilege of any kind to be on NYFA property but is nevertheless subject to these regulations governing the maintenance of order.

D. Authorized Members of the NYFA Community, after properly identifying themselves, may in the course of performing their duties, request identification from members of the NYFA community. Refusal to identify oneself shall be considered prima facie evidence of non-NYFA status.

1. “Authorized Members of the NYFA Community” shall include
   • NYFA Faculty, Staff, Student Staff or
   • NYFA Security Officers where situated.

E. Nothing contained in these rules is intended, nor shall it be construed, to limit or restrict the freedom of speech or peaceful assembly.

II. Program of Enforcement:

A. Visitors (Invitees, Licensees, and Trespassers)

1. When Authorized Members of the NYFA Community in their discretion determine that the privilege of an invitee or licensee to be on NYFA premises should be withdrawn, they shall ask the invitee or licensee to leave the premises, and the invitation or license shall thereby be terminated. If any person, whether initially a trespasser, licensee, or invitee, fails to leave NYFA premises promptly upon request, NYFA will use all reasonable means, including calling for the assistance of the police, to effect the individual’s removal.

B. Procedural Hold of Members of the NYFA Community

1. Penalties for violation of NYFA rules shall not be imposed upon members of the NYFA community except after compliance with the disciplinary procedures applicable to students or faculty members, or members of NYFA staff (administrative and other employees).
   • However, a Procedural Hold pending disciplinary proceedings may be imposed upon students in accordance with the Student Code of Conduct, or upon faculty members or staff in accordance with Faculty and/or Employee Code of Conduct.

C. Disciplinary Action. A member of the NYFA community found responsible for a violation of NYFA rules set forth in Section I above shall be subject to appropriate disciplinary action as follows:

1. Students:
   • Discipline shall be governed by the policies and procedures of the NYFA Student Code of Conduct Policy and other applicable and relevant policies.
2. Faculty Members:
   • Discipline shall be governed by the policies and procedures of the NYFA Faculty and/or Employee Code of Conduct Policies and other applicable and relevant policies.
3. NYFA Staff, Administration:
   • Discipline shall be governed by the policies and procedures of the NYFA Employee Code of Conduct Policy and other applicable and relevant policies.
4. Organizations:
   • Any organization which authorizes conduct prohibited under Section I.B.06. shall be subject to having its permission to use the facilities of NYFA and to operate as a NYFA organization rescinded, and shall be subject to any additional penalties pursuant to the penal law or any other applicable provision of law.

D. Penalties. Penalties for violation of NYFA rules that may be imposed upon members of the NYFA community include, but are not limited to, the following:

1. Warning
2. Disciplinary Probation
3. Removal of privileges
4. Deferred Suspension or Suspension
5. Dismissal or Expulsion