Fostering a Dynamic and Inclusive Community at Baruch – Message to Students

September 3, 2024

Dear Baruch College Students,

At Baruch College, we work together as a community to create and maintain an environment where learning and discovery can thrive. As we begin an academic year focused on respectful dialogue, we want to highlight the guidelines in place that will support these efforts.

At Baruch, we celebrate the diverse cultural and intellectual perspectives that enrich our campus experience. This diversity is underpinned by a commitment to academic freedom, which is the cornerstone of our teaching and research endeavors. While academic freedom and free speech are distinct, they both play vital roles in fostering a dynamic and inclusive academic community. You can review the Academic Freedom Policy on the Office of the Provost’s webpage.

We encourage you to explore CUNY’s “Brief Introduction to Free Speech” for an understanding of your rights and responsibilities under federal and New York State laws. The document highlights the importance of free expression in fostering open dialogue and exploring diverse perspectives. However, it also emphasizes that, while the right to freedom of speech is fundamental, it comes with certain reasonable restrictions to ensure a safe and inclusive campus environment.

As indicated by CUNY’s guidelines, certain types of speech are not protected by the First Amendment. For instance, speech that incites violence or directly encourages others to commit unlawful actions immediately is not protected. Additionally, true threats—communications that convey a serious intent to harm or commit violence against a particular person or group—fall outside the realm of protected speech. Similarly, “fighting words,” or speech that is likely to provoke an immediate physical confrontation or breach of the peace, are not covered under the First Amendment. Speech that actively prevents others from expressing themselves or receiving an education, as well as speech that causes material and substantial disruptions to classes or school operations, is also not protected.

Balancing the right to freedom of expression with the need for a harassment-free environment is essential at Baruch College. Encouraging diverse perspectives while maintaining respect for all individuals fosters a healthy learning and intellectual environment. We must follow guidelines that promote open dialogue without compromising the safety and well-being of our community.

The New York State Henderson Act of 1969 established the Henderson Rules of Public Order, which apply to all members of our community, including students. These rules are designed to ensure that every individual’s rights are respected. Rule #1 is especially important: “A member of the academic community shall not intentionally obstruct and/or forcibly prevent others from the exercise of their rights.” These rules also cover topics such as unauthorized occupancy, the right to advocate, and disorderly conduct. We strongly encourage you to become familiar with the Henderson Rules.

In addition to your academic pursuits, we invite you to engage with the vibrant student life at Baruch. Our student clubs and organizations are a great way to connect with others and contribute to the community while adhering to the Henderson Rules and the guidelines set forth by the Office of Student Life. Our clubs and organizations are open to all students regardless of age, gender identity, race, national origin, religion, sexual orientation, disability, or veteran status.

Together, let’s make this academic year one that truly reflects Baruch’s values of Excellence, Impact, Innovation, Collaboration, and Inclusion.

Sincerely,

Linda Essig
Provost and Senior Vice President for Academic Affairs

Art King
Vice President for Student Affairs and Dean of Students