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Statement of Maintenance of Public Order

A college community is concerned with the pursuit of truth, training in the skills of scholarly inquiry and transmission of knowledge.  Critical examination of basic premises and constant reevaluation of the body of fact, practice and theory is an essential activity in pursuit of these concerns.

It is inevitable that controversy will arise in a viable community with these concerns.  It is therefore crucial that conditions prevail on a college campus that are conducive to open and frank disagreement without fear of repression, direct or subtle.  In this sense, academic freedom goes beyond the constitutionally protected freedoms of speech and publication not only to require tolerance of such expression, but to actually encourage it.

It is essential that responses to campus conflicts be of a nature that will not destroy the atmosphere of free inquiry, but rather preserve it and even enhance it.  This is difficult in the face of indignant protesters or an organized and dedicated deposition, but by no means impossible.  It should be emphasized that dissent and protest expressing that dissent are allowed on this campus. Only disruptions as defined subsequently are prohibited.

In compliance with the provisions of Article 129-a of the Education Law as added by Chapter 191 of the Laws of 1969, Daemen College adopts this statement of procedure to be used for the maintenance of public order on its campus and other college property used for education purposes.

The following rules, regulations and procedures shall apply as appropriate at all times to persons (students, faculty, staff, visitors, invitees, licensees, and trespassers) on the campus or other college property used for educational purposes.  This includes, therefore, not only those persons associated with the regular academic sessions of the College, but also those present for special programs, all of the participants in which special programs, other than members of Daemen College faculty and staff, shall be deemed to be invitees.

Disruptions of public order may include the following without limitation thereto:

  1. Physical possession of a building which denies the right of authorized persons to enter and work in it
  2. Violence or threats that unduly restrict the movements or activity of authorized C. Possession or use of fire arms, explosives, dangerous chemicals or other dangerous weapons or instrumental on the college campus or other college property used for educational purposes which is in contravention of I or institutional regulation.
  3. Destruction of college property
  4. Undue noise or other interference which disrupts the carrying out of an academic or non- curricular activity the College
  5. Any other misconduct which interferes with proper activities of the G. Refusal to comply with an order or ejection properly made.

The following procedures will be followed in case of any disturbance which seriously impedes the normal and orderly functioning of the College:

  1. The normal procedure to be followed in case of disturbance will be attempted discussion with those parties creating the disturbance in the hope of settling whatever grievance is alleged to exist.
  2. If attempts at discussion fail, those steps necessary to restoring public order shall be taken, up to and including additional legal recourse, such as the possibility of a court restraining order, use of the various police agencies, or other appropriate measures.
  3. In such case, it is the normal policy that the President or his designated agent shall consult insofar as it is consonant with the reasonable time demands of the situation at hand, with the designated representatives of the Student Association, the Faculty Senate, the Administration, and the Board of Trustees relative to the steps necessary in such a given context.
  4. It is hoped that order can always be restored by peaceful Should this be impossible in a given situation, only that amount of force which is reasonably required under the circumstances should be used to terminate the disturbance.  Every effort should be made to restore ordinary academic processes as quickly as possible.

The procedures when persons are liable to penalties or sanctions because of disruptive behavior shall be as follows:

  1. In the event that the situation requires the institution of either civil or criminal sanctions against those persons who are not either faculty, staff, or students of the College, the President or  his designated agent shall take whatever steps are necessary to restore order.  The decision to resort to civil or criminal sanctions must and shall be vested solely in the President or his designated agent and the Board of Trustees.
  2. Those involved in prohibited activity, if members of the College may be subject to institutional penalties in addition to any criminal or civil consequences of their acts
    1. For students, the procedures shall be those set forth in the applicable Student Handbook, and may result in disciplinary action from admonition to suspension or expulsion.
    2. For faculty, the procedures shall be those in the current official Faculty Handbook, plus any additional clarification and protect provided by the two joint AAC and AAUP statements of principles and due process entitled the 1940 Statement on Academic Freedom and Tenure and the 1958 Statement of Procedural Standards for Faculty Dismissal Proceedings, and may likewise result in disciplinary action from admonition to suspension or dismissal.
    3. For staff and other employees of the College, normal procedures appropriate to the determination of their rights and responsibilities shall be followed, and may also result in disciplinary action.

Promulgated July 17, 1979 by the Board of Trustees of Daemen College

Robert S. Marshall

President of Daemen College

Charles L. Lumsden

Chairman of the Board of Trustees

Updated on January 31, 2022

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