Article 3a: University Standards

Freedom of Expression

A. ACADEMIC FREEDOM - The University supports the principle of academic freedom as a concept intrinsic to the achievement of its institutional goals. This principle implies a trust in the integrity and responsibility of the members of the academic community. Samuel P. Capen, former Chancellor of the University of Buffalo, who is remembered for the tradition of academic freedom he implemented during his leadership of the University, said in 1935:

"Acceptance by an institution of the principles of academic freedom implies that teachers in that institution are free to investigate any subject, no matter how much it may be hedged about by taboos; that they are free to make known the results of their investigation and their reflection by word of mouth or in writing, before their classes or elsewhere; that they are free as citizens to take part in any public controversy outside the institution; that no repressive measures, direct or indirect, will be applied to them no matter how unpopular they may become through opposing powerful interests or jostling established prejudices, and no matter how mistaken they may appear to be in the eyes of members and friends of the institution; that their continuance in office will be in all instances governed by the prevailing rules of tenure and that their academic advancement will be dependent on their scientific competence and will be in no way affected by the popularity or unpopularity of their opinions or utterances; that students in the institution are free, insofar as the requirements of the several curricula permit, to inquire into any subject that interests them, to organize discussion groups or study clubs for the consideration of any subject, and to invite to address them any speaker they may choose; that censorship of student publications shall be based on precisely the same grounds and shall extend no further than that exercised by the United States Postal Authorities."

B. NONDISCRIMINATION - The University at Buffalo is committed to fostering a positive environment for learning, and to ensuring the safety, rights, and dignity of every member of the University community. To that end the University encourages each and every member of the academic community to assume individual responsibility for respecting the rights and dignity of others and for helping to promote the free and open exchange of ideas in an atmosphere of mutual respect.

Certain types of discrimination are prohibited by law. For example, discrimination on the basis of race is expressly prohibited by both federal and state constitutions and by a wide range of federal and state statutes. Other state and federal laws prohibit particular forms of discrimination based on such factors as sex, religion, national origin, age, disability, marital status, sexual orientation, or veteran status. Furthermore, Governor's Executive Order No. 28.1 prohibits discrimination on the basis of sexual orientation in employment and provision of services by state agencies. Students should be aware that anyone who violates laws prohibiting specific forms of discrimination may lead to criminal prosecution or civil penalties. Harassment of any student, employee, or guest based upon any of these factors is prohibited by both law and University policy, and is subject to disciplinary action.

The State University Trustees have adopted a policy (Trustee's Resolution 83-216) which directs that judgments about and actions toward students and employees within the SUNY system be based on their qualifications, abilities and performance. The Trustee's policy goes on to say that attitudes, practices, and preferences of individuals that are essentially personal in nature, such as private expression or sexual orientation, are unrelated to performance and provide no basis for judgment.

Finally, it is the policy of the University at Buffalo to prohibit invidious categorical discrimination based on such characteristics as race, sex, sexual orientation, age, national origin, religion, veteran or marital status or disability in all matters affecting employment or educational opportunities within the University itself. It is the firm belief of the Council, the faculty, and the administration that judgments about persons within the University should be based on their individual merits, accomplishments, aptitudes, and behavior, and that invidious categorical discrimination is wholly inappropriate to the University's mission and values. Students who violate this policy shall be subject to sanctions within the University, up to and including expulsion. Any violation of the rules which is motivated by bias may be prosecuted and/or sanctioned as a more serious offense.

Complaints regarding any violations of nondiscrimination laws or policies, including sexual harassment, or failure to provide reasonable accommodation should be made to the Office of Equity, Diversity, and Affirmative Action Administration, 645-2266.

C. PETITIONS, INDIVIDUAL - Every student has the right to petition or disseminate information on campus except within the residence halls. (Note: The intent of this provision is to respect the privacy of the residents, and is not intended to deny the individual's right to petition.)

Statement on Sexual Assault and Abuse
The University at Buffalo will not tolerate sexual assault or abuse.

Sexual Assault:Any actual or attempted non-consensual sexual activity including, but not limited to, forcible anal or oral sex, attempted intercourse, sexual touching, by a person(s) known or unknown to the victim.

Rape: The perpetration of an act of sexual intercourse with a person against their will and consent, whether their will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when the person is unconscious or otherwise physically unable to communicate willingness.

Reporting Options: Incidents of sexual assault may be reported to Department of University Police, municipal police, residence hall officials, or Student Health Center by a victim or proxy. Immediate reporting is recommended. A disciplinary complaint may also be filed with the Student-Wide Judiciary for action against the assailant if they are a student. This may be done in conjunction with or instead of criminal prosecution.

Another source of assistance, advice, or intervention is the staff of the Office of Equity, Diversity, and Affirmative Action Administration, 645-2266. You may speak confidentially to the Affirmative Action Officer or the Associate Director.

Academic Dishonesty

For definitions relating to academic integrity, see the following locations: http://undergrad-catalog.buffalo.edu/policies/course/integrity.shtml for undergraduates and http://www.grad.buffalo.edu/policies/index.php for graduate students. For additional information please contact your specific professional school.

Sexual harassment of employees and students, as defined below, is contrary to University policy and is a violation of federal and state laws and regulations.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement; (2) submission to, or rejection of, such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile, or offensive environment.

No University employee of either sex shall impose a requirement of sexual cooperation as a condition of employment or academic advancement, or in any way contribute to or support unwelcome physical or verbal sexual behavior.

Any member of the University community who requires additional information, wishes to make a complaint, or receive a copy of the University procedures to be followed for complaints arising from matters related to the policies outlined above should contact the Office of Equity, Diversity, and Affirmative Action Administration, 645-2266.

Medical Excuses

The UB Student Wellness Team (Health Services, Counseling Services, Wellness Education Services) will not issue notes or excuses on a routine basis. To do so creates an undesirable climate for health care and disempowers students. Responsibility for class attendance and for completing assignments rests primarily with the student, who assumes this responsibility by communicating directly with faculty. Health Services and Counseling Services will, with the authorization of the student, verify the nature and extent of illness if the faculty member wishes to call.

Drugs and Narcotics

Possession without prescription of any narcotic, barbiturate, dangerous drug, or of most so-called "pep pills" and "tranquilizers" is contrary to federal and/or state law. Any student found to be in illegal possession of drugs must be reported to the appropriate civil authorities and may also be subject to disciplinary action by the University.

Smoking and Food/Beverage

Smoking is prohibited in all University facilities except as posted. The possession of beverages and food stuff is prohibited in all areas so designated by the conspicuous posting of appropriate signs. These areas include, but are not limited to all classrooms, lecture halls, laboratories, hallways, the Katharine Katharine Katharine Cornell Theater and all University Libraries. All trash and garbage should be disposed of properly.

Solicitation

B. "No authorization will be given to private commercial enterprises to operate on State University campuses or in facilities furnished by the University, or in any Residence Hall, other than to provide for food, legal beverages, campus bookstore, vending, linen supply, laundry, dry cleaning, banking, barber and beautician services and cultural events. This resolution shall not be deemed to apply to Auxiliary Service Corporation activities approved by the University." (Board of Trustees Resolution)

Posting Policies

• Campus groups may post one poster or notice per event per bulletin board area.
• Posters or flyers may not exceed 11 inches x 17 inches.
• Use masking tape only.
• Posters or flyers are restricted to bulletin boards. (No painted surfaces, glass, pillars, counters or walls.)
• Flyers or posters in another language must have an English translation.
• Flyers or notices must carry the name or logo of the University or University related sponsoring organization (government, department, office, agency, etc.)
• Groups may not remove or cover current notices or posters of other campus groups out of courtesy and respect for others.
• Bulletin boards will be checked and cleared of inappropriate material throughout the week. Boards will be stripped of all posted materials late Sunday night.
• Sales, rentals, employment and services announcements will be restricted to designated CLASSIFIED message boards located left of the Capen Lobby Sales Counter, Capen elevators, and Norton Cafeteria. Announcements may not exceed 5" x 8".

Request for special consideration for exceptional situations and/or unique material can be directed to the Student Affairs office of Student Life, 150 Student Union from 8:30 a.m. to 5:00 p.m. weekdays.

Related Sites

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