Access to Campus by Law Enforcement

Introduction

Brooklyn College protects the rights of all members of our campus community to safety, privacy, and security in their person and information. Under state and federal law, including the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act, the college must protect the security and confidentiality of students’ educational and health information and records.

General Access to Campus

All visitors to Brooklyn College must show identification to a Public Safety officer at one of the gated entrances to enter the campus and have a legitimate reason to be on campus.

Law Enforcement Access to Campus

Consistent with the rule of law and City University of New York (CUNY) policy, Brooklyn College does not permit law enforcement officials to enter campus grounds except under specific circumstances:

• When they are using bathroom facilities, as permitted for all public servants.
• When they are responding to law enforcement emergencies.
• When they present a valid judicial warrant or subpoena, as determined by Brooklyn College Legal Counsel, in consultation with the CUNY General Counsel. Only Brooklyn College Legal Counsel, in consultation with the CUNY General Counsel, may grant law enforcement access to Brooklyn College facilities and records.

Law Enforcement Access Request Protocol

If law enforcement officials present documents to enter campus, Public Safety will:

• Immediately alert the Director of Public Safety and Brooklyn College Legal Counsel.
• Instruct law enforcement officials to wait outside the gate unless and until Brooklyn College Legal Counsel determines that law enforcement officials may enter the campus.
• If Brooklyn College Legal Counsel determines that law enforcement officials may enter the campus, Public Safety will escort them to the Brooklyn College Public Safety Office at 0202 Ingersoll Hall, where they will remain until Brooklyn College Legal Counsel and Director of Public Safety determine next steps, in consultation with CUNY Legal Counsel.

If law enforcement officials are at a gate seeking entrance to campus, the Director of Public Safety will:

• Go directly to the Public Safety gate where law enforcement has been instructed to wait outside.
• Ensure that Brooklyn College Legal Counsel has been informed of the situation.
• Advise University Executive Director of Public Safety of the situation.
• Secure any documentation from the law enforcement officials, such as subpoena, search warrant, or arrest warrant and ensure that Brooklyn College Legal Counsel has it.
• Advise law enforcement officials waiting outside the gate that Brooklyn College Legal Counsel will review their documentation.
• Collect the following information from the law enforcement officials:
  • Their names and badge/ID numbers.
  • The names and phone numbers of their supervisors.
  • The purpose of their visit.

If law enforcement officials fail to comply with this protocol, the Director of Public Safety will notify Brooklyn College Legal Counsel and contact the NYPD Precinct to send assistance. No physical engagement should take place.