129-A 6430 Rules for Maintenance of Public Order

The Board of Trustees of Manhattan School of Music (MSM) hereby adopts the following rules for the maintenance of public order on campus and other locations used for educational purposes and a program for the enforcement of these rules and do hereby authorize the President of MSM to file a copy with the Regents and the Commissioner of Education as provided in section 6430 of the New York Education Law.

MSM will not permit any intentional or reckless misconduct that endangers the mental or physical health of a student, faculty member, staff member, or licensee, referred to herein as, “MSM Community.” Intentional or reckless misconduct includes, but is not limited to:

• Deliberately causing injury to another person or threatening to do so;
• Physically restraining or detaining another person or forcibly removing a person from a place where they have a right to remain;
• Deliberate damage to or theft of MSM property;
• Entering private administrative, faculty, or staff offices without permission;
• Entering into or remaining in an MSM building or facility for any purpose other than its authorized use;
• Remaining in an MSM building or office after it has been closed;
• Refusing to leave any building or facility after being requested to do so by an authorized administrator;
• Obstructing the movement of persons in or around MSM facilities;
• Deliberately disrupting classes, lectures or meetings;
• Forcing another individual or participating in an effort to force another individual to ingest alcohol, drugs, or other substances for any reason;
• Violating MSM’s policy on the use and possession of weapons on campus;
• Willfully inciting another individual to engage in intentional or reckless misconduct;
• Unlawful use, sale, or distribution of controlled substances;
• Stalking, harassment, or intimidation;
• Any conduct not enumerated above which violates federal law, New York law, or local law.

This policy governs the conduct of students, faculty, and staff, as well as any individuals on premises of MSM or facilities not owned by MSM but used for MSM purposes.

Visitors, including invitees and licensees, shall at all times conduct themselves in a manner that is consistent with the maintenance of order on MSM premises. A trespasser has no privilege of any kind to be on MSM property but is nevertheless subject to these regulations governing the maintenance of order.

Any authorized member of the MSM Community, after properly identifying himself or herself, may in the course of performing his or her duties, request identification from members of the MSM Community. Refusal to identify oneself shall be considered prima facie evidence of non-MSM status.

“Authorized” members of the MSM Community shall include:

1. Members of the MSM administration.
2. Faculty in the performance of teaching or supervisory duties.
3. Building security.

Consequences

The consequences for the misconduct enumerated above are:

1. Visitors, including invitees and licensees, shall automatically terminate their privilege to remain on MSM property upon breach of this regulation. MSM, in addition, reserves the right in its discretion to withdraw at any time the privilege of an invitee or licensee to be on MSM premises.
2. Guests of members of the MSM Community or trespassers will be required to leave MSM premises. Guests or trespassers who refuse to leave will be subject to ejection and/or prosecution for criminal trespass.
3. Students will be subject to expulsion or other disciplinary action, as provided in MSM’s Student Code of Conduct.
4. Employees will be subject to disciplinary action, as provided in MSM’s policies, procedures, rules, and regulations in the Employee Handbook, College Faculty Handbook, and Precollege Faculty Handbook.
5. Organizations which authorize, permit or allow such conduct to occur may be denied permission to operate on MSM’s property.
6. All consequences enumerated in this policy are in addition to any penalties imposed by federal, New York State or local law.

Nothing in this policy will be construed to limit or penalize a group or individual solely for exercising their constitutionally protected rights or assembling with others for that purpose.

Approved: Board of Trustees July 2, 1969

Revised: June 14, 2024