2/18/09 N.Y. St. Reg. SUN-07-09-00019-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 535(a) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 355(2)(b), (p) and 356(3)(g)
Subject:
Proposed amendment to the regulations of the Board of Trustees relating to the Rules for the Maintenance of Public Order.
Purpose:
Amend 8 NYCRR 535.3(a) to broaden a category of prohibited conduct relating to actions that cause physical injury or threats.
Text of proposed rule:
Amendments to Section 535.3(a) of Title 8 NYCRR.
No person, either singly or in concert with others, shall: (a) willfully cause physical injury to any other person, nor threaten to do so [for the purpose of compelling or inducing such other person to refrain from any act which he has a lawful right to do or to do any act which he has a lawful right not to do];
Text of proposed rule and any required statements and analyses may be obtained from:
Penelope D. Ploughman, Esq., State University of New York, State University Plaza, S-323, Albany, New York 12246, (518) 443-5400, email:
Penelope.Ploughman@SUNY.eduData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The proposed rule will amend provisions of the Policies of the Board of Trustees of State University of New York to broaden a category of prohibited conduct relating to actions that cause physical injury or threats. No person is likely to object to the adoption of the rule as written because the proposed amendment clarifies that willfully causing physical injury or threatening to cause physical injury for any reason is conduct prohibited by the SUNY Board of Trustees Rules for the Maintenance of Public Order. The amendment is also needed to reflect the SUNY-wide adoption of policies prohibiting violence in the workplace as mandated by State law.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment.
