CORNELL UNIVERSITY CAMPUS CODE OF CONDUCT
JUNE, 2004
Please be aware that amendments to the Campus Code of Conduct may occur after this edition has been printed. Persons relying on this document are encouraged to confirm the current status at <http://www.policy.cornell.edu/Campus_Code_of_Conduct.cfm> or contact the Assemblies Office.
Title One STATEMENT OF PRINCIPLES AND POLICIES
Enacted by the Board of Trustees 1987
Recommended by the President
Adopted by the University Assembly
Article I. Fundamental Principles
Article II. Supporting Principles and Policies of Judicial Administration
Article III. Other Policies
Article IV. Interpretation
Title Two REGULATIONS FOR THE MAINTENANCE OF PUBLIC ORDER
Enacted by the Board of Trustees 1987
Recommended by the President
Article I. Applicability
Article II. Violations
Article III. Enforcement and Penalties
Article IV. Other Actions
Article V. Interpretation
Article VI. Amendment
Title Three REGULATIONS FOR THE MAINTENANCE OF THE EDUCATIONAL ENVIRONMENT
Enacted by the Board of Trustees 1987
Recommended by the President
Adopted by the University Assembly
Article I. Applicability
Article II. Violations
Article III. Sanctions, Remedies and Other Actions
Title Four JUDICIAL STRUCTURE AND PROCEDURE
Enacted by the Board of Trustees 1987
Recommended by the President
Adopted by the University Assembly
Article I. The University Hearing Board
Article II. The University Review Board
Article III. Hearing and Review Boards and Procedures Under Title Two (Regulations for the Maintenance of Public Order)
Article IV. Hearing and Review Boards Under Title Three (Regulations for the Maintenance of the Educational Environment)
Article V. Judicial Offices
Article VI. Other Parties to Judicial Proceedings
Article VII. Procedures Under Title Three (Regulations for the Maintenance
of the Educational Environment)
Article VII. Jurisdiction
Article IX. Interpretation and Modification
Title Five RESPONSIBLE SPEECH AND EXPRESSION
Enacted by the Board of Trustees 1987
Recommended by the President
Adopted by the University Assembly
Article I. Public Speaking Events on Campus
Article II. Symbolic Expression
Article III. Standing Committee on Free Expression
Article IV. Crisis Consultation Group
Article V. Defense
Article VI. Miscellaneous
STATEMENT OF PRINCIPLES AND POLICIES
Conduct of the members of the Cornell Community is an appropriate area of concern by the University. This statement sets forth several basic principles and policies regarding the scope, manner and standards of regulating that conduct.
This statement is necessarily general. Its purpose is: 1) to inform the community of the general principles upon which the Cornell judicial system operates, 2) to give general guidance to the judicial system as it handles specific cases arising under regulations authorized by the Board of Trustees, including legislation adopted by the University Assembly and approved by the President as representative of the Board of Trustees, and 3) to enunciate policy and not to create substantive rules of conduct, the violation of which may be punished. Such rules are found in the Regulations for the Maintenance of Public Order or other official regulations. No provision of this statement shall be interpreted to amend or modify, in any manner, any provision of the Regulations for the Maintenance of Public Order.
A. The essential purpose of the University’s governing of community conduct is to protect and promote the University community’s pursuit of its educational goals.
The University, as an educational institution, has a special set of interests and purposes, the protection and promotion of which are essential to its effective functioning. These interests, with respect to the governing of University community conduct, include the following:
1. The opportunity of all members of the University community to attain their educational objectives.
2. The generation and maintenance of an intellectual and educational atmosphere throughout the University community.
3. The protection of the health, safety, welfare, property and human rights of all members of the University community, and the safety and property of the University itself. These general interests, of course, are also the subject matter of the public laws of the state and nation.
B. The University’s responsibility for community conduct is distinguishable from society’s.
Therefore, the powers of the University’s judicial boards shall be limited to the enforcement of University conduct regulations and shall not extend to the enforcement of public law, except to the coincidental extent that such University conduct regulations are similar to provisions of public law.
C. The principle of freedom with responsibility is central to Cornell University.
Freedom to teach and to learn, to express oneself and to be heard, and freedom to assemble and lawfully protest peacefully are essential to academic freedom and the continuing function of the University as an educational institution. Responsible enjoyment and exercise of these rights means respect for the rights of all. Infringement upon the rights of others or interference with the peaceful and lawful* use and enjoyment of University premises, facilities and programs violates this principle.
II. SUPPORTING PRINCIPLES AND POLICIES OF JUDICIAL ADMINISTRATION
A. The following basic principles and policies will apply in situations where misconduct violates both the law and University conduct regulations:
1. The following kinds of offenses are adjudicated in the courts: all felonies, controlled substance cases, motor vehicle moving violations, charges involving assaults upon a peace officer or resisting arrest, cases involving persons who refuse to identify themselves or in which the complainant wishes to proceed in the courts and cases involving non-members of the University community. Such misconduct also continues to be prosecuted under the Campus Code of Conduct.
2. When the University Administration determines that other misconduct does not constitute a serious breach of the law, and that the interests of justice would be served, it shall seek to handle such misconduct within the University jurisdiction and will:
a. exercise its discretion in a manner to avoid dual punishment for the same act,
b. cooperate with public officials so that its exercise of jurisdiction ordinarily will not be followed by criminal prosecution of the individual’s misconduct,
c. withhold the exercise of University jurisdiction, when prompt public prosecution is anticipated or is under way, until public officials have disposed** of the case.
3. Exceptionally grave misconduct, particularly misconduct which threatens or attempts to cause physical or mental harassment, may demonstrate such flagrant disrespect for the basic integrity and rights of others as to call into question continuance of the individual’s membership in the educational community, because: (1) his or her presence would adversely affect the ability of others to pursue their educational goals, or (2) his or her misconduct grossly violated standards of behavior requisite to the maintenance of an educational community.
In the event of such conduct, if: (1) the conduct is not covered by any specific provision of a University regulation or statement regulating conduct, or (2) the relevant regulation does not provide a remedy adequate to protect the safety of the University community, nothing herein stated shall preclude the President or his or her designee, under the authority of the Board of Trustees as expressed in the University Bylaws, from taking appropriate and lawful action.
4. Policies covering conduct that violates both the law and University regulations, where feasible, should be based on jurisdictional understandings and procedures jointly developed and periodically reviewed by University and local officials. To the maximum extent feasible, jurisdictional understandings shall be made known to the Cornell community.
B. Exceptions and Limitations
It is understood that the Board of Trustees, under section 5709 of the Education Law, is responsible for the protection of the grounds, buildings, and property of Cornell University, including state property under its supervision and control, and for the prevention of crime and the enforcement of law and order. State law also makes the trustees responsible for the enforcement of such rules and regulations as the Board shall make from time to time. These statutory provisions regarding law enforcement, adopted in 1939, led to the creation of the Cornell University Police, staffed by peace officers who are deputy sheriffs of the county. Under section 6450 of the Education Law, adopted in 1968, the Board of Trustees must also adopt rules for the maintenance of public order and provide sanctions for the violations of the Penal Law of the State of New York for the same misconduct. These state laws cannot be superseded by actions of the Board of Trustees, nor may the Board evade its legal responsibilities by delegation. Under state law, public servants who knowingly refrain from performing a duty imposed upon them by law or which is clearly inherent in the nature of their office, may be guilty of a criminal offense. Accordingly, any inflexible internal rule which precludes a peace officer from making an arrest when a crime has occurred would be contrary to law. It is understood, however, that as to minor offenses, law enforcement authorities are permitted a degree of discretion in determining whether to prosecute an offender or to pursue some other appropriate remedy when an alternative disposition would further the interests of justice. Accordingly, the principles enumerated at Article II are understood to constitute policy guidelines, to be applied in good faith, but not as prohibitions upon the exercise of the law enforcement responsibilities vested in the Board of Trustees and exercised by its authorized peace officers. That is, such representatives must retain the sole discretion to determine the circumstances in which the public laws must be enforced in order to serve and protect the interests of the campus community as defined at Article I.
A. When public authorities apprehend an individual for a violation of the law, whether or not the misconduct is also a violation of University conduct regulations, the University shall neither request nor agree to special advantageous disposition of an individual’s case by police, prosecutors, or judges solely because of that individual’s status as a member of the Cornell community. Nonetheless, the University, recognizing that the absence of roots and family in the local community may place students at some disadvantage when involved in law violation, stands ready to assist student defendants and to cooperate with public officials to promote equitable application of the law. Should a student charged with law violation request assistance from the University, a representative of the Dean of Students Office will meet with such student and may advise him or her, and if requested, may facilitate the student’s employment of suitable legal counsel. If the law violation does not also constitute a violation of a University rule of conduct, and if the student defendant consents, the University ordinarily will cooperate with the request of appropriate law enforcement officials for programs of probation or rehabilitation. Notwithstanding the above provisions, when the prosecution, the complainant and the accused person all consent, minor breaches of the law may be administered under University jurisdiction, except in case of repeat offenses.
B. The University’s cooperation in law enforcement, at the request of public officials, shall be exercised in each particular case with a view to safeguarding the interests of the educational community, especially community confidence in the University.
C. When the University acts in a law enforcement capacity, individual members of the community who are questioned shall be informed fully and promptly of the context of the inquiry and investigation.
D. The President may alter or suspend the implementation of the supporting principles and policies found at Title One, Article II when the President finds that the Regulations for the Maintenance of Public Order are insufficient to maintain public order and when there is an imminent and sufficient threat to the University community’s pursuit of its educational goals to warrant such action. Should the President exercise such authority, such action shall be made known to the community immediately, together with a statement explaining the basis of such action. Such deviation from the implementation of said supporting principles and policies should last no longer than necessary to alleviate any pending threat. Any action of the President, under this section, shall be subject to and consistent with the applicable laws of the state and nation.
It is not intended that the President will seek to suspend the general application of the supporting principles except in cases in which the President finds an imminent threatened general breakdown in the University’s capacity to enforce law and order. It is not intended, therefore, that the President will invoke Article III, Section D, in cases involving individual misconduct.
REGULATIONS FOR THE MAINTENANCE OF PUBLIC ORDER
These regulations shall apply to all persons and registered organizations on any campus of Cornell University or any other property or facilities used by it for educational purposes, except that faculty, students, employees and registered organizations of the Medical College and the Graduate School of Medical Sciences shall be governed by separate regulations with respect to property or facilities of the Medical College and the Graduate School of Medical Sciences.
It shall be a violation of these regulations:
A. To disrupt or obstruct or attempt to disrupt or obstruct any instructional, research, service, judicial or other University operation or function, or interfere with or attempt to interfere with the lawful exercise of freedom of speech, freedom of movement, freedom of peaceable assembly, or other rights of individuals, by action including but not limited to the following:
1. By intentionally using or threatening physical force or violence to harass, abuse, intimidate, coerce, or injure another, or to cause damage to or loss of property;
2. By intentionally obstructing or causing to be obstructed the lawful use of, access to, or egress from University premises or portions thereof, or by making unauthorized entry upon or use of University property or facilities or by unlawfully remaining in or on the same;
3. By intentionally obstructing or restraining the lawful movement of another or obstructing or restraining his or her lawful participation in authorized activities and events, including, without limitation, regular and special curricular activities, extracurricular activities, and employment interviews; or
4. By intentionally urging and inciting others to violate the provisions of this subsection A.
B. To refuse to comply with any lawful order of a clearly identifiable University official acting in the performance of his or her duties in the enforcement of these regulations.
C. To possess, carry, or use firearms, including rifles and shotguns, ammunition, explosives, or other dangerous weapons, instruments, or substances in or upon University premises (except in the case of law enforcement officers or except as specifically authorized by the University), subject to the exceptions stated in the Trustee Legislation of September 5, 1969.
D. To engage in any action or situation which recklessly, or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any registered organization.
E. To use race, gender, religion, national origin or political persuasion as a criterion for admission or seating at public speaking events advertised as open to the campus community.
F. To disrupt, obstruct, or attempt to disrupt or obstruct any speaker invited to appear on the campus by the University or a recognized University group.
G. To build a symbolic structure on the campus without a permit or to build such a structure in violation of the conditions of a permit or to refuse to dismantle it or to discontinue the nonconforming feature, upon the lawful order of a University official.
H. To fail to comply with any time, place and manner regulation authorized by Title Five, Article II D.
I. To disrupt or attempt to disrupt any recruitment activity.
III. ENFORCEMENT AND PENALTIES
A. Enforcement
The President of the University or a designated representative shall be responsible for initiating and assuring the prompt enforcement of these regulations.
1. Ejection. For conduct which violates any of these regulations, individuals or organizations may be ejected from the University campus or property, or any part thereof, by the President of the University or an authorized representative.
a. Where the continued presence of an individual who is subject to the jurisdiction of the Hearing Board poses a clear and present danger to the public order or to the security of property or the safety of any person or persons, the individual may be ejected only until the hearing of formal charges. The Hearing Board will meet to consider such case within five (5) working days after the day in which the alleged offense occurred.
b. In the case of a registered organization which authorizes such conduct, the President of the University or a representative may rescind permission for that organization to operate on University property, i.e., rescind the registration of the organization.
2. Temporary Suspension. For the purpose of assuring public safety, the President or a designated representative shall have discretionary power to suspend the accused person temporarily pending the hearing of the charges by the University Hearing Board.
a. The Hearing Board will meet to consider such case within five (5) working days after the day in which the alleged offense occurred. The Board may grant an adjournment, upon the request of the accused person, to a date not later than twenty-one (21) days after the date that charges have been brought. In the event of an adjournment, the Board may set aside the temporary suspension, if it concludes that the suspension was unjustified or is no longer necessary and that a revocation of the suspension will not endanger the public order or the security of property or the safety of any person or persons.
b. Suspension in the case of a student may include the withdrawal of any or all University privileges or services, including class attendance, participation in examinations or utilization of University premises or facilities as determined by the President.
B. Disciplinary Procedure
1. Upon receiving notice that a student, faculty member, employee, or a registered organization may have committed a violation of any of these regulations, the President or a designated representative shall promptly cause an investigation to be made. If there appears reasonable cause to believe that any of said individuals has committed a violation, written notification of the charges will promptly be served upon such individual in the manner described by Title Four, Article IV, Section E, and a copy thereof shall simultaneously be transmitted to the University Hearing Board for prompt disciplinary proceedings.
2. If there appears reasonable cause to believe that any of said registered organizations has committed a violation, written notification of the charges shall promptly be served upon the officers of record of said registered organization, and a copy thereof shall simultaneously be transmitted to the University Hearing Board for prompt disciplinary proceedings.
C. Penalties
The University Hearing Board may impose penalties for the violation of these regulations as follows:
1. Faculty and Other Employees
a. Written reprimand.
b. Fine of not less than $20 nor more than $500 payable to the University Treasurer unless the defendant and the assessor of the penalty agree that it shall be payable in whole or in part by community service performed in a manner acceptable to the assessor of the penalty with one hour of service equivalent to the current federal minimum wage.
c. Suspension from University duties for a stated period not to exceed one month, with loss of salary but without loss of other rights and privileges.
d. Dismissal from the employ of the University and termination of any contract or tenure.
e. Any defendant’s prior record of violations under these regulations shall be considered in the imposition of a penalty. Ordinarily, the penalty for any repeated violation of these regulations shall be more severe than for a first violation.
2. Students
a. Written reprimand.
b. Fine of not less than $20 nor more than $500 payable to the University Treasurer unless the defendant and the assessor of the penalty agree that it shall be payable in whole or in part by community service performed in a manner acceptable to the assessor of the penalty with one hour of service equivalent to the current federal minimum wage.
c. Probation for a stated period not to exceed one year. For any violation during the probationary period, the student may be suspended for a stated period, not to exceed one year. In addition, in cases of misconduct in connection with University services or facilities, the student may be prohibited from further use of specified facilities or services.
d. In cases of misconduct in connection with University-owned or -operated housing, the student may be ordered to vacate such housing.
e. Suspension from the University for a stated period.
f. Dismissal from the University.
g. In situations where an individual is both a student and a faculty member or employee, the judicial mechanism may choose appropriate penalties from either or both subdivisions 1 and 2 of this Paragraph C.
h. An offender’s prior record of violations under these regulations shall be considered in the imposition of a penalty. Ordinarily the penalty for any second violation of these regulations, whenever such violations occur, should be more severe than for a first violation.
i. Ordinarily, punishment for a third offense under these regulations within a twelve-month period should be suspension from the University and denial of academic credit for the term in which the suspension occurs. No application for readmission for the academic term following the academic term in which the suspension occurred will be permitted. The penalty may be reduced by the Hearing or Review Board if such board concludes that a lesser penalty will more appropriately serve the interests of justice and, in addition, that the offender agrees not to engage in misconduct of the same kind again in the next twelve (12) months.
These penalties shall apply to any violations which occur after the date of adoption of this regulation by the Executive Committee of the Board of Trustees.
3. Registered Organizations of Members of the Cornell Community.
a. Written reprimand.
b. Fine of not less than $25 nor more than $500 payable to the University Treasurer.
c. Restriction of privileges for a stated period not to exceed one year.
d. Suspension of privileges for a stated period not to exceed one year.
e. Recision of permission for that organization to operate on University property.
D. Remedies
The University Hearing Board may impose remedies for the violation of these regulations as follows:
1. Restitution to the University or to the victim of the violation.
2. Order to the offender to perform or to cease and desist from stated actions.
3. Imposition of any remedy or penalty shall not preclude the imposition of any other remedy or penalty under these regulations.
E. Records and Notification
1. Violations, penalties, and remedies shall be recorded in the Office of the Judicial Administrator and/or Director of Public Safety in all cases arising under these regulations. Copies of such records shall not be released to outside sources without the written consent of the subject of such record, except as may be required by law.
2. Notifications of violations, penalties, and remedies shall be sent as directed by the Hearing Board to the University officials necessary to make the penalties and remedies effective, and to other persons who might provide counseling assistance to the offender.
F. Compliance
1. For noncompliance with penalties or remedies under Paragraphs C and D of this section, the offender shall be suspended until compliance.
2. No degree or official transcript will be granted to any person who has been found guilty of any violation of these regulations and who has not paid any fine, performed any service or fulfilled any other condition or requirement fixed as a penalty for such violations; provided that such degree or official transcript shall be granted upon fulfillment of all such outstanding obligations.
3. No degree shall be awarded to any person while charges are pending under these regulations. Any official transcript issued during the pendency of such charges shall be accompanied by a complete recitation of the pending charges. The University, upon request of the party seeking the transcript, shall notify the recipient of the transcript of the final judgment in the case.
A. These Regulations and the penalties imposed hereunder shall not preclude, in addition, resort to any applicable State, Federal, or local law or ordinance. They shall not be deemed to limit the right of the University or of any person to take such additional or other legal action as may seem appropriate or necessary to maintain public order and to protect legal rights.
B. Nothing contained in these regulations shall be deemed to impair the right of the University to take such nondisciplinary administrative action as may be necessary or appropriate to maintain public order or safety.
C. In the event that a violation of these regulations should also constitute a violation of other campus rules or regulations, the University may, in its discretion, determine to handle all such violations in one proceeding.
A. These regulations (II A) make it an offense to “interfere with or attempt to interfere with the lawful exercise of freedom of speech, freedom of movement, freedom of peaceable assembly, or other rights of individuals...” Accordingly, these regulations shall not be interpreted to permit the unlawful interference with such rights, as protected by the constitutions and laws of the United States and the State of New York.
B. Nothing in this section or any other University regulation, however, shall be interpreted to limit or prevent the University from seeking to (1) enforce the laws respecting trespass or (2) lawfully regulate the use of University property. It is understood that provision (2) of this paragraph does not permit the misuse of such regulations for the purpose of unlawfully interfering with any of the rights described in paragraph A above.
C. While these regulations establish standards of conduct applicable to all persons, the term student as used herein shall be interpreted to mean any person currently registered with the University as a degree candidate in any of Cornell’s undergraduate or graduate divisions, a special student in the undergraduate divisions, or a non-degree candidate in the graduate school.
These Regulations may be amended by the Board of Trustees upon the recommendation of or after consultation with the University Assembly or its successor.
REGULATIONS FOR THE MAINTENANCE OF THE EDUCATIONAL ENVIRONMENT
This Title shall apply to all students, members of the University faculty, other employees of Cornell University, and University-registered organizations, except all of the aforementioned whose connection with the University is exclusively with the New York City divisions.
II. VIOLATIONS***
It shall be a violation on any campus of Cornell University or any other property or facility used by it for educational purposes or on the property of a University-related residential organization in the Ithaca or Geneva area:
A. To refuse to comply with any lawful order of a clearly identifiable University official acting in the performance of his or her duties or with a policy that has been duly promulgated by the University or any college, department, or unit thereof, whether or not the policy has been issued in the standardized University format,1
B. To forge, fraudulently alter, willfully falsify, or otherwise misuse University or non-University records (including computerized records, permits, identification cards, other documents, or property) or to possess such altered documents,2
C. To furnish false information to the University with intent to deceive.
D. To bribe or attempt to bribe a University official.
E. To claim falsely to represent the University or a University-registered organization.
F. To misappropriate University funds.
G. To threaten or use physical force to endanger, injure, abuse, intimidate, or coerce another person.3
H. To endanger or to cause damage to or loss of property of another person or of the University, or to endanger another person.
I. To intentionally harass another person by following that person, or b) by acting towards that person in a manner which is threatening, severly annoying or abusive, and beyond the scope of free speech.
J. To defraud.4
K. To steal or knowingly possess stolen property.5
L. To traffic, for profits or otherwise, in goods or services, when incompatible with the interests of the University and the Cornell community.
M. To unlawfully manufacture, distribute, dispense, possess, use or sell controlled substances as defined by state or federal law.
N. To urge or incite another to violate these Regulations,
O. To attempt to violate these Regulations.
P. To assault or cause any physical injury to another person on the basis of race, ethnicity, religion, sex, sexual orientation, or disability.
Q. To sexually harass another person,
R. To sexually abuse another person,6
S. To sexually assault another person,6
T. To rape another person.6
U. To recklessly or maliciously interfere with or damage, in violation of University rules, computer or network resources or computer data, files, or other information.
V. To possess any alcoholic beverage by a person under 21 years of age with the intent to consume such beverage; except if that beverage is given to the person under 21 of age 1) By that person’s parent or guardian, or 2) as part of an official Cornell University course, for which the person is registered, where tasting or imbibing alcoholic beverages is required for instructional purposes.
W. To enter upon or make use of University property or facilities without authorization.
X. To fail to leave a University building after a fire alarm has sounded or other notice of fire has been given, whether a drill or not.
Y. To intentionally expose the private or intimate parts of one’s body in a lewd manner or to commit any other lewd act in a public place.
Z. To haze a person. Hazing is defined as an act that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, could be seen by a reasonable person as endangering the physical health of an individual or as causing mental distress to an individual through, for example, humiliating, intimidating, or demeaning treatment; destroys or removes public or private property; involves the consumption of alcohol, other drugs, or other substances; or violates any of the policies of the University.
AA. To engage in disorderly conduct. For purposes of this section, disorderly conduct means intentionally causing, or recklessly creating a risk of, disruption to the community. Disruption to the community shall include, for example: violent, tumultuous or threatening behavior; unreasonably loud or belligerent behavior; or obstructing vehicular or pedestrian traffic.
BB. To possess, carry, or use firearms, including rifles and shotguns, ammunition, explosives, or other dangerous weapons, instruments, or substances in or upon university premesis (except in the case of law enforcement officers or except as specifically authorized by the University).
III. SANCTIONS, REMEDIES, AND OTHER ACTIONS IN CASES ARISING UNDER RMEE
A. Sanctions 7
The following sanctions may be imposed:
1. Faculty and Other Employees
a. Oral warning.
b. Written reprimand.
c. Appropriate educational tools mutually agreed upon by the Judicial Administrator and the accused person (such as, reflection papers, counseling, letters of apology, and directed study).
d. Community work or a monetary fine in lieu of community work. Community work shall not be more than 80 hours per violation, and must be performed in a manner acceptable to the judicial administrator. The assessor of the sanction shall have the sole discretion to substitute a monetary fine for community work, and shall determine the amount of the fine by multiplying the number of hours of community work assessed by the then-current federal minimum wage. Monetary fines in lieu of community work shall be payable to the University Treasurer.
e. Suspension from University duties for a stated period not to exceed one month, with loss of salary but without loss of other rights and privileges.
f. Dismissal from the employ of the University and termination of any contract or tenure.
2. Students
a. Oral warning.
b. Written reprimand.
c. Appropriate educational tools mutually agreed upon by the Judicial Administrator and the accused person (such as, reflection papers, counseling, letters of apology, and directed study).
d. Sanctions payable in full or in part by community work performed in a manner acceptable to the Judicial Administrator. Community work shall not be more than 80 hours per violation, one hour of work equivalent to the then current federal minimum wage. The assessor of the sanction may make community work the sole option. Monetary fines in lieu of community work shall be payable to the University Treasurer.
e. Probation for a stated period. For any violation during the probationary period, the student may be subject to additional sanctions for violation of probation. In addition, probation may include:
(1) In cases of misconduct in connection with University services or facilities, the student may be prohibited from further use of the facilities or services involved other than those used in his or her course of work or study.
(2) In cases of misconduct in connection with University-owned or -operated housing, the student may be ordered to vacate such housing.e. Suspension from the University for a stated period not to exceed one year, or indefinitely with the right to petition the Hearing Board at any time for readmission.
f. Suspension from the University for a stated period not to exceed one year, or indefinitely with the right to petition the Hearing Board at any time for readmission.
g. Dismissal from the University.
3. Dual Status
a. In situations where an individual is both a student and on the University payroll, the judicial mechanism may choose appropriate sanctions from either or both Article III A 1 and Article III A 2 of this Title.
4. Registered Organizations of Members of the Cornell Community
a. Written reprimand.
b. Fine of not less than $25 nor more than $500 payable to the University Treasurer, which, in the sole discretion of the assessor of the fine, may be satisfied with community work performed by members, as described in Title Three, Article III, Sesction A 1d and 2d.
c. Restriction of privileges for a stated period not to exceed one year.
d. Suspension of privileges for a stated period not to exceed one year.
e. Appropriate educational tools for members of the organization (such as reflection papers, counseling, letters of apology, and directed study).
B. Remedies
1. The following remedies may be imposed in all cases arising under the jurisdiction of the University judicial system:
a. Restitution to the victim of the violation.
b. Order to the offender to perform or to cease and desist from stated actions.
C. Compliance
If an offender has not complied with the prescribed sanction or remedy within the required time, the Judicial Administrator shall notify the Registrar or Dean of Students’ Office or other offices on a need-to-know basis that the individual or registered organization is suspended. The suspension takes immediate effect, but the offender may request a hearing in order to show the fact of compliance. The suspension continues until the offender has complied. A transcript issued during the pendency of a charge or a period of suspension shall indicate that a charge is pending or that a suspension is in effect.
D. General Provisions
1. These Regulations and the sanctions imposed hereunder shall not be deemed exclusive of and shall not preclude resort to any applicable State, Federal, or local law or ordinance or other University regulations and procedures and shall not be deemed to limit the right of the University or of any person to take such additional or other legal action as may seem appropriate or necessary to maintain legal order and to protect legal rights.
2. Imposition of any sanction or remedy shall not preclude the imposition of any opther sanction or remedy under this code.
JUDICIAL STRUCTURE AND PROCEDURE
I. THE UNIVERSITY HEARING BOARD
The University Hearing Board shall consist of thirty-six members elected by the University Assembly: twelve students, twelve faculty members nominated by the Dean of the University Faculty, and twelve other employees.
The Committee on Committees of the University Assembly, in consultation with the Codes and Judicial Committee, shall solicit applications and shall nominate candidates to the University Assembly.
A. Written applications shall be solicited from the Cornell community by the Committee on Committees and the Codes and Judicial Committee.
B. Board members shall be nominated by the Committee on Committees, in consultation with the Codes and Judicial Committee, for approval by the University Assembly no later than the last regular meeting of the outgoing University Assembly.
C. Individual nominees shall be named to replace individual board members.
D. All nominations are subject to University Assembly confirmation.
E. No person shall serve on the University Hearing Board who is at the same time a member of the University Assembly, or its Codes and Judicial Committee or Committee on Committees, an employee of the Assemblies, or a member of the University Review Board, except for the temporary appointment provision as defined in Title Four V B 1 c.
F. Members of the University Hearing Board shall serve terms of office as follows:
1. Twelve students, twelve faculty members and twelve employees shall be appointed for two-year staggered terms.
2. Terms of office shall begin with the first day of classes in the next academic year.
G. If any board member vacates his or her position, by resignation or departure from the Cornell community, prior to the expiration of his or her term, and his or her replacement has already been appointed, the replacement shall immediately assume office.
H. The thirty-six members of the University Hearing Board shall elect an Administrative Chair from among themselves.
II. THE UNIVERSITY REVIEW BOARD
The University Review Board shall consist of three voting members: one student, one faculty member nominated by the Dean of University Faculty, and one other employee. The Review Board shall also consist of three alternate members; one student, one faculty member nominated by the Dean of University Faculty, and one other employee. The President shall appoint a non-voting senior member of the faculty, not a member of the University Administration, to serve as chair. The members of the University Review Board shall be selected in the same manner as the members of the University Hearing Board.
A. No person shall serve on the University Review Board who is at the same time a member of the University Assembly, or its Codes and Judicial Committee or Committee on Committees, an employee of the Assemblies, or a member of the University Hearing Board, except for the temporary appointment provision as defined in Title Four V B 1 c.
B. Members of the University Review Board shall serve two-year terms of office which shall begin with the first day of classes in the next academic year.
C. If any board member vacates his or her position by resignation or departure from the Cornell community, prior to the expiration of his or her term, and his or her replacement has already been appointed, the replacement shall immediately assume office.
D. The chair shall have the right to convene the University Review Board.
E. The Review Board may appoint an independent legal advisor who shall advise the Board on all matters relating to the performance of its responsibilities hereunder, and who may be present at any time during hearings and, at the invitation of the Board, during deliberations.
III. HEARING AND REVIEW BOARDS AND PROCEDURES UNDER TITLE TWO (REGULATIONS FOR THE MAINTENANCE OF PUBLIC ORDER)
A. University Hearing Board
1. A separate panel for each case arising under these regulations shall consist of eight members as follows: The University Assembly shall elect seven members, including two students, three members of the faculty recommended by the Dean of University Faculty and two non-faculty employees. The President shall name one member, a senior member of the faculty, not a member of the University administration, who shall be the chair and who shall have no vote. A sufficient number of alternate members shall be selected in a similar manner. The terms of faculty and non-faculty employees shall be two years, and the terms for students one or two years.
a. If for any reason a member or alternate member of the Hearing Board is not elected or appointed or does not serve, the President shall appoint a replacement from the appropriate constituency who shall serve for the balance of the unexpired term or period of absence as applicable.
b. The Board may appoint an independent legal advisor to the University Hearing Board who shall advise the Board on all matters relating to the performance of its responsibilities hereunder, and who may be present during hearings and, upon the invitation of the Board, during deliberations.
c. A member may voluntarily withdraw from participation in any case by reason of a conflict of interest or any other good cause. Any Hearing Board member who has personal knowledge of the facts at issue, or has been directly involved in the events at issue, shall be excused. Any board member having knowledge of such facts or circumstances shall call them to the attention of the Board. A member shall be excused, for such reasons, by a majority vote of the Board after consultation with the legal advisor, if such advisor has been appointed. In the event that a member is excused, an alternate member shall be selected, as hereinbefore provided.
B. Hearing Procedure
1. The University Hearing Board shall schedule a hearing to be held within twenty-one (21) days after the date that charges have been brought. It shall cause a written notice to be served upon the accused person, at least 48 hours in advance of the hour set for his or her hearing, which notice shall clearly set forth (1) the time and place of the hearing, (2) the nature of the charges against the accused, and (3) the right to be accompanied by the Judicial Codes Counselor or an advisor or counsel of choice, to hear the evidence against him or her, to cross-examine witnesses, and to give evidence in his or her own behalf.
2. At any hearing, charges preferred by the President shall be presented by a designated representative on behalf of the University and as the representative of the President.
3. While the strict rules of evidence do not apply, the Board shall endeavor to evaluate all of the relevant facts of a given case. In all cases the complainant shall have the burden of producing a sufficient quantity of evidence to sustain the complaint and shall have the burden of persuading the hearing panel that the evidence is sufficiently credible to justify a ruling in favor of the complainant. In every case the complainant’s burden of persuasion is met when a violation has been proven by clear and convincing evidence.
4. No charge may be brought more than six months after the alleged violation occurred.
5. The chair shall control the conduct of all hearings and shall make such procedural rulings as may be necessary to assure fairness, to expedite the proceeding, and to avoid unnecessary delay. The Board may overrule any such decision by majority vote.
6. The Hearing Board may order the joinder of cases for trial which present common questions of law or fact.
a. The prosecutor, in a verified affidavit, may affirm that each defendant performed acts sufficiently similar that the facts presented in evidence would not differ materially from one defendant to another. In such case, the Board may order joinder of such cases for trial.
b. Any defendant, whose case is joined, may submit a verified affidavit to the Board seeking to be excluded from the joint trial on the ground that (1) the defendant is not charged with the same offense, at the same time and place, or (2) that the facts material and relevant to the charge would differ materially from the facts applicable to the other defendant. Such case, with the consent of the prosecutor or at the direction of the Board, may be severed from the joint trial.
c. The Board may permit any person tried jointly and found guilty to submit either a written or oral statement regarding mitigating circumstances but shall be required to permit such a statement regarding mitigating circumstances before imposing a penalty of expulsion or suspension for the balance of a term or longer.
d. The Board may consider differences between the conduct and circumstances of each individual defendant before imposing a penalty.
7. All hearings of the Hearing Board shall be in private, unless an accused requests a public hearing at least 48 hours in advance. In that event, the Board shall convene in quarters which accommodate a reasonable number of the public and may limit such numbers in the interest of preserving the decorum and dignity of the proceeding. Witnesses may be excluded at the discretion of the chair except for the period of their examination or cross-examination.
8. A majority of the members shall constitute a quorum for any hearing. Decisions of the Hearing Board shall be rendered by a majority vote of board members present.
9. In the event of the unexcused failure of an accused person to appear at the designated time and place for his or her hearing, the Board shall either suspend the accused person temporarily, pending his or her appearance, or hear evidence and proceed to a judgment in the absence of the accused.
10. The Hearing Board shall proceed to decision as expeditiously as possible and shall notify the President and the accused of its decision without delay.
11. The Hearing Board may adopt additional procedures not inconsistent herewith and consistent with fairness and justice.
C. University Review Board
1. The panel for cases arising under these regulations shall consist of four members: Three members shall be elected by the University Assembly, as follows: one student, one member of the faculty recommended by the Dean of Faculty and one non-faculty employee. The President shall appoint a non-voting senior member of the faculty, not a member of the University administration, to serve as chair.
2. The decision of the Hearing Board shall be affirmed unless found to be (1) against the weight of the evidence produced before the Hearing Board, or (2) the result of substantial error, including a mistaken interpretation or application of these regulations.
3. The Review Board may also appoint an independent legal advisor who shall advise the Board on all matters relating to the performance of its responsibilities hereunder, and who may be present at any time during hearings and, at the invitation of the Board, during deliberations.
D. Appeal Procedure
1. Any person against whom a penalty has been imposed by the Hearing Board shall have the right to appeal the decision provided he or she serves upon the President or a designated representative a written notice of appeal. Similarly, the President or a designated representative may appeal a Hearing Board determination, on the grounds specified by section C 2 above, by service of written notice of appeal upon respondent and the chair of the Review Board. Such notice shall be served not more than five (5) days following the date of the decision of the Hearing Board.
2. The appeal hearing shall be scheduled within ten (10) days after the notice of appeal has been served. The appellant and respondent shall be served with written notice not less than five (5) days in advance of the time and place for such hearing.
3. A faculty member upon whom the penalty of dismissal has been imposed may elect to have his or her case reviewed by a hearing board as provided in the Faculty Dismissal Procedure established by the University Board of Trustees on April 28, 1951, in lieu of appealing to the University Review Board, by giving similar written notice to the President or a designee within ten (10) days after the Hearing Board’s decision.
4. Any penalty imposed on non-faculty employees is subject to review either pursuant to applicable grievance procedures or by appeal to the University Review Board, as the employee may elect.
5. The University shall be represented before the University Review Board by a representative designated by the President.
6. The Review Board shall determine whether its hearings shall be conducted in public or in private; however, all deliberations of the Review Board shall be in private.
7. Decisions of the Review Board shall be rendered by a majority vote of board members present. The majority of members shall constitute a quorum for any hearing.
8. The University Review Board shall have the power to affirm, reverse or modify a decision. A penalty shall not be increased. A penalty may not be decreased unless the Review Board concludes that such measure is necessary and appropriate in the interests of justice. Its decisions shall be final. No new evidence may be introduced into the record on appeal. Otherwise, the Review Board may adopt additional procedures not inconsistent herewith and consistent with fairness and justice, which procedures may include remand of the case to the Hearing Board to hear any evidence newly discovered after the hearing before the Hearing Board.
E. Service
1. Service of any notice under these regulations shall be sufficient if accomplished by delivery of the notice to the person to be served or to his or her last known address as contained in the official records of the University or by mailing by registered or certified mail to his or her last known address as contained in the official records of the University.
2. In the case of service of a notice of appeal upon the President or a designated representative, delivery to the office of the President or designee shall constitute sufficient service.
F. These Regulations may be amended by the Board of Trustees upon the recommendation of or after consultation with the University Assembly or its successor.
IV. HEARING AND REVIEW BOARDS UNDER TITLE THREE (REGULATIONS FOR THE MAINTENANCE OF THE EDUCATIONAL ENVIRONMENT)
A. Hearing Panels for Title Three Cases
1. In cases involving a complaint against a student, a Hearing Panel shall be composed of three students, one faculty member, and one employee, all from the Hearing Board.
2. In cases involving a complaint against a member of the faculty, a Hearing Panel shall be composed of three faculty members, one student and one employee, all from the Hearing Board.
3. In cases involving a complaint against an employee, a Hearing Panel shall be composed of three employees, one student, and one faculty member, all from the Hearing Board.
4. The President shall name one member, a senior member of the faculty, not a member of the University administration, who shall be the Hearing Board Chair and who shall have no vote.
5. Random selection of the Hearing Panels shall be made by the Administrative Chair of the Hearing Board.
B. The University Review Board
1. The University Review Board shall consist of three voting members: one student, one faculty member recommended by the Dean of the University Faculty and one other employee. The President shall name one member, a senior faculty member recommended by the Dean of the University Faculty, not a member of the University administration, who shall chair and who shall have no vote. The members of the University Review Board shall be selected in the same manner as the members of the University Hearing Board.
a. The University Review Board also shall consist of three alternates: one student, one faculty member recommended by the Dean of the University Faculty, and one other employee. The alternate members of the University Review Board shall be selected in the same manner as the members of the University Hearing Board.
b. In the event that a University Review Board member disqualifies him or herself, is disqualified, or is otherwise unavailable for a particular case, the alternate University Review Board member from the same constituency as the absent member, shall sit in his or her place for the particular hearing.
c. In cases identified in Title Four IV B 1 b above, where the alternate University Review Board member either has not been appointed by the University Assembly or is otherwise unavailable, the Executive Committee of the University Assembly, on recommendation of the Codes and Judicial Committee of the University Assembly, may appoint a present member of the University Hearing Board to sit in place of the absent Review Board member. This appointment shall be made by random selection. The appointment shall be only for a single case for which the Review Board member is absent. The University Hearing Board appointee shall be from the same constituency as that of the absent Review Board member and must not have sat on any panel that heard the case below.
2. The chair shall have the right to convene the University Review Board.
3. The Review Board may appoint an independent legal advisor who shall advise the Board on all matters relating to the performance of its responsibilities hereunder, and who may be present at any time during hearings and, at the invitation of the Board, during deliberations.
A. Office of Judicial Administrator
1. The Office of the Judicial Administrator receives and investigates complaints that allege violations of the Campus Code of Conduct.
Anyone can initiate an investigation regarding violations of the Campus Code. If the office has reason to believe that a violation of the Code has occurred, charges may be filed with the University Hearing Board or, with the accused person’s and complainant’s consent, the case may be summarily settled before the Judicial Administrator. Sanctions for violations range from a written reprimand and community service to probation, suspension or dismissal from the University. Questions or complaints can be directed to the Office of the Judicial Administrator.
2. All individuals who are involved in the complaint reporting, investigation, and adjudication process are obliged to maintain confidentiality of the proceedings. The University will take reasonable measures to ensure the confidentiality of the testimony and records produced in the procedures under this Code; however, the University cannot and does not guarantee that confidentiality can always be maintained. The University may disclose otherwise confidential information when required by law, when necessary to protect the safety or well being of the University community, or to preserve the integrity of proceedings under this Code.
3. The Judicial Administrator shall not be a member of the University or Employee Assemblies or any of their committees or boards, or of either judicial board. In October of the year preceding the expiration of the term of the Judicial Administrator, or upon the chair’s receipt of notice of the Judicial Administrator’s resignation, the chair shall convene a six-member search committee, to include two members appointed by the President and four members appointed by the University Assembly to propose two or more nominees to the President. The President shall appoint a candidate with the concurrence of the University Assembly. In the event of an unexpected vacancy, the Associate Judicial Administrator shall be appointed by the President, with the concurrence of the University Assembly, to serve until a permanent Judicial Administrator is approved.
4. The Judicial Administrator shall be appointed for a two-year term; a Judicial Administrator can be renominated by the President for additional terms.
5. The Office of the Judicial Administrator shall be independent. He or she shall be subject to removal during the term of office only by action of the Board of Trustees.
6. The Judicial Administrator shall be solely responsible for the Office of Judicial Administrator.
B. Office of the Judicial Codes Counselor
1. The Office of the Judicial Codes Counselor provides free assistance and representation within the campus system to those charged with violations of the Campus Code of Conduct and to students charged with violations of the Code of Academic Integrity. Although the person holding the position traditionally has had some legal training and is frequently a law school student, the services are not meant to be a substitute for professional legal advice or for the legal assistance provided by an attorney. The Judicial Codes Counselor primarily explains how the campus judicial system works, and assists the accused person in the selection of counsel or an advisor. With the consent of the Judicial Codes Counselor, an accused person may choose the Office of the Judicial Codes Counselor as his/her advisor or representative.
2. The Judicial Codes Counselor shall be appointed by the President of the University with the concurrence of the University Assembly according to the procedures for the appointment of the Judicial Administrator.
The Judicial Codes Counselor shall not be a member of the University, Student, or Employee Assemblies, or any of their committees or boards, or of either judicial board.
3. The Judicial Codes Counselor shall be appointed for a two-year term; a Judicial Codes Counselor can be renominated by the President for additional terms.
4. The Office of the Judicial Codes Counselor shall be independent. He or she shall be subject to removal during the term of office only by action of the Board of Trustees.
5. The Judicial Codes Counselor shall be solely responsible for the Office of the Judicial Codes Counselor.
VI. OTHER PARTIES TO JUDICIAL PROCEEDINGS
A. Complainant
1. In cases in which an investigation is initiated by the Judicial Administrator, the University community shall be designated as the complainant.
2. In cases in which the complaint is originated by an individual(s) in the University community, other than the Judicial Administrator, such individual(s) shall be designated as the complainant(s). However, in cases concerning violations described in Title Three, Article II, A through F and H or in cases involving injury to University property, “Cornell University” (the corporation) may be named as complainant.
B. Defense Counsel
1. When he or she appears before the Judicial Administrator, the University Hearing Board, the University Review Board or other University officials acting in a judicial capacity, an accused person has the right of counsel by an individual of his or her choice.
2. The counsel for the accused person may be selected from any member of
the Cornell community or general public.
3. The accused person has the option of seeking assistance from the Office of the Judicial Codes Counselor in the selection of counsel. Any information which the accused person reveals to the Judicial Codes Counselor shall be confidential, to the extent permitted by law, unless the accused person expressly requests that the information in question be referred to another party.
4. The accused person shall have the right of acting as his or her own counsel.
VII. PROCEDURES UNDER TITLE THREE (REGULATIONS FOR THE MAINTENANCE OF THE EDUCATIONAL ENVIRONMENT)
A. Investigation
1. The Judicial Administrator shall promptly cause an investigation to be made:
a. Upon receiving a complaint alleging a non-job related violation of the Campus Code of Conduct, or any other document enforceable by the campus judiciary system pursuant to the University Assembly or Trustee legislation, or;
b. Upon determining that a complaint referred to him or her by a supervisor or department head or through jurisdictional appeal is non-job related, or;
c. Upon receiving information that a non-job related violation may have occurred when no complaint has been made.
2. During the course of an investigation, the Judicial Administrator, before proferring formal charges, may interview the parties involved. Prior to this interview the Judicial Administrator shall, in writing, inform the parties of:
a. The matter to be discussed and the party’s alleged relationship to it.
b. The services of the Office of the Judicial Codes Counselor.
3. In cases involving allegations of harassment, abuse, assault, rape, or other menacing activity, the Judicial Administrator, after making a reasonable effort to meet with the accused, may issue a Temporary Order of Protection.
a. The Office of the Judicial Administrator shall have on file the exact terms of the Temporary Order of Protection and these shall be made available to the accused as soon as the Temporary Order of Protection is issued. The Temporary Order of Protection shall not require the accused to withdraw from a class or to change his/her place of residence.
b. In the event the Judicial Administrator is notified of a violation of the terms of the Temporary Order of Protection, the accused shall be provided with an opportunity to review the matter with the Judicial Administrator within two business days. If the Judicial Administrator determines, based upon the information available, that the Temporary Order of Protection has been violated he/she may suspend the accused pending determination of the underlying charges.
c. In the case of the suspension pursuant to paragraph b, the accused may petition the University Hearing Board for a review of the decision to suspend. The Hearing Board would meet as soon as possible, but no later than five business days after the petition is filed, to review the petition. If the University Hearing Board determines that the Temporary Order of Protection was not violated it shall lift the suspension immediately.
d. The Judicial Administrator may, in his/her judgment, rescind the Temporary Order of Protection or lift a suspension should he/she determine the circumstances no longer require such action.
e. A suspension hereunder shall remain in effect until expiration or lifting of the Temporary Order of Protection or suspension by the University Hearing Board pursuant to paragraph c or by the Judicial Administrator pursuant to paragraph d.
f. The Judicial Administrator may, in his/her judgment, rescind the Temporary Order of Protection or lift a suspension should he/she determine the circumstances no longer require such action.
g. In the event that the Judicial Administrator issues a Temporary Order of Protection against the accused, the Temporary Order of Protection alone shall not create a disciplinary record.
B. Summary Decision
1. The Judicial Administrator and the accused person may agree, in writing, to a summary decision before formal charges are filed, subject to the limitations outlined in this legislation. If a summary decision is reached, the Judicial Administrator shall send a notice of the formal accusation and of the provisions of the summary decision to the accused person.
2. The Judicial Administrator shall determine, without undue delay, whether to refer the matter to the University Hearing Board or to offer a summary decision.
3. In the event that the summary procedure is employed:
a. All sanctions and remedies listed in Title Three, Articles III A and III B may be assessed via summary decision except for dismissal and suspension unless the suspension results from a violation of probation.
b. A summary decision shall not become final and binding (subject to the provisions of Article VII C 1 (a) of this Title) until two business days after agreement.
c. The Judicial Codes Counselor shall be notified of each summary decision as soon as possible where the accused person has previously sought the assistance of the Judicial Codes Counselor.
d. Notice of a summary decision shall be given to a complainant no more than two business days after the summary decision becomes final.
C. Hearing
1. Circumstances under which referral may be made to the Hearing Board:
a. If a complainant is dissatisfied with the decision of the Judicial Administrator not to prefer charges or with a summary decision which has been accepted by the accused person, he or she may request in writing a review of the decision by a five-person panel of the University Hearing Board. This request must be received by the Judicial Administrator within three calendar days after the date of the Judicial Administrator’s notice to complainant required by Title Four, Article VII, B.3.d;
b. If the accused person or an accused organization requests a hearing;
c. If the Judicial Administrator requests a hearing under circumstances described below in Title Four, Article VII, Section C.2.a; or
d. If an accused person or an accused organization seeks review of his/her/its temporary suspension.
2. Notification
a. If, as a result of an investigation, the Judicial Administrator determines that there is reasonable cause to believe that a violation has been committed, and a summary decision has not already been reached, then the case shall be referred to a panel of the University Hearing Board. The Judicial Administrator shall:
(1) File charges immediately following the determination of reasonable cause.
(2) Make a good faith effort to serve notice of the charges within seven calendar days of the filing of charges, not including the date of receipt but including the date of the filing.
(a) By personal service, or if after diligent effort, personal notice is impossible to effect, or
(b) By certified mail, return receipt requested, and with notice placed under the door, to the accused person’s last local address of record with the University.
b. In cases where no summary decision has been reached, notice of the charges shall contain:
(1) The formal accusation.
(2) Instructions to contact the Judicial Administrator within four business days of his or her receipt of notice, not including the date of receipt but including the date contact is to be made so that the time of an appearance of the accused before the Judicial Administrator may be agreed upon by both parties. If the accused fails to respond within the time specified or to agree to appear within a reasonable time, the Judicial Administrator may, at his or her discretion, forward the case to the University Hearing Board.
(3) Notice of the nature of the evidence to be used against the accused.
(4) A brief summary of the services and location of the Office of the Judicial Codes Counselor.
c. Names and written statements of witnesses to be called at a hearing by the Judicial Administrator or the accused, if known at the time, shall be exchanged no later than three business days prior to the hearing, except where a witness requests anonymity for reasons of personal protection. In the latter case anonymity will be granted on the condition that the expectation of possible harm is reasonable, though the witness must still supply a written statement to the opposing party. The Hearing Board, in its discretion, may exclude a witness when it determines that the Judicial Administrator or the accused has failed to comply with this provision.
d. In the appearance specified in Article VII C 2 b (2) of this Title, the accused shall be again informed of his or her right to access to the Office of the Judicial Codes Counselor, and shall be referred to the Campus Code of Conduct and supplementary information, so that he or she might be made aware of:
(1) The procedures of the Office of the Judicial Administrator and the procedures of the judicial boards;
(2) The alternative procedures provided for in job-related cases;
(3) The right to be accompanied by an advisor or counselor of his or her choice;
(4) Other rights and options that may be available to an accused person.
e. When a case is referred to the Hearing Board, the Judicial Administrator shall:
(1) Make a good faith effort to ensure that the accused person and complainant know of the hearing at least seven business days in advance of the hour set for the hearing, not including the date of imparting the information, but including the date of the hearing (unless a shorter time is agreed upon by the accused). If the Judicial Administrator has been notified that an accused person has consulted the Judicial Codes Counselor, the Judicial Administrator shall promptly notify the Judicial Codes Counselor of the hearing by telephone or campus mail.
(2) Notify the accused person by:
(a) Personal service, or if after diligent effort, personal notice is impossible to effect,
(b) Certified mail, return receipt requested, and with notice placed under the door, to the accused person’s last local address of record with the University.
(3) Notify the complainant by regular United States Mail.
(4) Set forth in the notice:
(a) The time and place of the hearing.
(b) Specification of the charges against the accused person.
(c) The accused person’s right to be accompanied by an advisor or counsel of his or her choice, to hear the evidence against him or her, to question witnesses and to give evidence in his or her own behalf.
(5) Work with the Department of Campus Life in cases in which the victim and the accused person live in the same residence hall and there is a substantial danger of future harm or misconduct, to determine whether the Department of Campus Life should relocate the victim or the accused person to another residence hall.
3. University Hearing Board
a. Parties to the Hearing
(1) The Hearing Board Chair shall have the right to convene the University Hearing Board or any panel thereof.
(2) The Board may appoint an independent legal advisor to the Board who shall advise the Board on all legal matters relating to the performance of its responsibilities hereunder, and who may be present during hearings and, upon the invitation of the Board, during deliberations.
(3) At least four members of a five person hearing panel must sit for a given case and at least three votes shall be required for conviction.
b. Procedures
(1) The University Hearing Board shall meet to hear a complainant’s appeal of a summary decision within 21 calendar days of receipt by the Judicial Administrator of a written request for review.
(2) A hearing panel of the University Hearing Board shall hold a hearing within 21 calendar days of receipt of charges by the Hearing Board Chair, unless the same be adjourned by the Hearing Board Chair for good cause shown.
(3) At any hearing, the charges shall be presented by the Judicial Administrator in the name of the complainant.
(a) A victim and a complainant shall have the right to be accompanied at every stage by a personal advisor, who shall not be a witness and shall not participate in a hearing in a representative capacity.
(b) A victim and a complainant shall have the right to be present at a relevant hearing, whether or not the victim is a member of the Cornell community.
(c) Members of the Board may question witnesses and adduce evidence. This shall not preclude parties to the hearing from questioning witnesses.
(d) Strict rules of evidence shall not apply and the Board shall receive relevant information that is reasonably reliable. The Board shall have the power to establish its own rules of evidence, and need not accept as evidence reports of the accused person’s testimony at the summary hearing by the Judicial Administrator.
(e) The Board shall endeavor to evaluate all the relevant facts of a given case.
(4) Knowledge of the events at issue shall not disqualify a member of the Hearing Board, unless he or she has a personal knowledge of the events at issue, has been directly involved in the events at issue, or is an interested party with regard to the outcome of the hearing.
(5) The hearing panel chair shall conduct all hearings.
(a) He or she shall make such procedural rulings as, in his or her discretion, may be necessary to assure fairness and to avoid undue delay.
(b) He or she shall apply the procedures of the Board, as developed by the Board, and the University Assembly so as to assure fairness and to avoid undue delay.
(c) All procedural rulings of the hearing panel chair shall be subject to the approval and concurrence of the hearing panel as a whole. The hearing panel may overrule the procedural rulings of its chair by majority vote.
(d) Evidence of a victim’s sexual conduct shall not be admissible unless fairness to the accused person requires consideration of such evidence.8
(6) All hearings shall be private unless the accused person notifies the Office of the Judicial Administrator that he or she wishes a public hearing two business days before the hearing is held. All hearings in cases of sexual harassment, abuse or assault, or of rape shall be private and the accused person shall not have the option of requesting an open hearing. Witnesses shall be excluded except for the period of their questioning in all hearings. In cases of harassment, abuse, assault, or rape, if either the accused, complainant, or Judicial Administrator requests that the proceedings be conducted in such a fashion that the accused and the complainant are never in the same room together, the non-voting Chair of the proceedings, after determining the appropriateness, shall make suitable arrangements to accomplish this purpose.
(a) The hearing panel shall maintain order in the hearing room.
(b) All deliberations by the Hearing Board or its panels shall be in private.
(7) The unexcused failure of the accused person or organization to appear at the time and place designated for his or her appearance before the Judicial Administrator or the University Hearing Board, or one of its panels, shall be grounds for the University Hearing Board, or one of its panels, to impose a temporary suspension. In the alternative, the University Hearing Board, or one of its panels, may find the accused person or organization in violation and impose appropriate sanctions and/or remedies. The University Hearing Board may make a finding of violation and impose sanctions and/or remedies only if the Judicial Administrator shows that the accused person or organization received notice of the hearing or that the procedures for notifying the accused person or organization were followed, and submits information sufficient to establish the allegations in the charge. The Judicial Administrator, the University Hearing Board, or one of its panels, respectively, may excuse the failure to appear for good cause shown.
(8) Failure of the complainant to appear, unless excused for good cause shown as determined by the panel, shall result in a loss of his or her right to the assessment of a remedy in his or her favor by the panel.
(9) Should the accused person be excused from appearing at a given time he or she shall have the option of having the case heard in absentia, with the privilege of submitting written evidence, or of having a new date set for a hearing.
(10) The hearing panel of the University Hearing Board or the Board itself, as applicable, shall proceed to a decision as expeditiously as possible.
(11) The Judicial Administrator shall serve written notice of the decision of the Board or panel to the accused person and complainant within five business days of the Judicial Administrator’s receipt of the written decision. The accused shall be provided with a full copy of the decision. The complainant shall be provided a copy of the decision with names of individuals and other identifying information redacted.
(12) Records
(a) A verbatim record shall be kept of all proceedings, but not of deliberations, and made available to the complainant within the allotted time for appeal, and to the accused person at any time.
(b) All decisions of the judicial boards must be in writing, including rationale and dissenting opinions.
(c) The Office of the Judicial Administrator shall maintain as public records a brief summary of all decisions of the judicial boards that includes the nature of the case and disposition.
(13) Confidentiality
Subject to the qualifications set forth in Articles V A and VI B of this title, the Judicial Administrator and the Judicial Codes Counselor shall protect the confidentiality of all judicial records except those records specifically named in Article VII C 3 b (12) (b) of this Title.
c. Suspension of an Individual Pending Hearing Under Title Three Violations
(1) In extraordinary circumstances and for the purpose of assuring public order and safety, the President or a designated representative shall have discretionary power to suspend the accused person temporarily pending the hearing of charges against him or her by the University Hearing Board.
(2) The Judicial Administrator may accept from the President this power to temporarily suspend pending hearing, but only if the Judicial Administrator may exercise the power at his or her own discretion.
(3) When the President or a designee exercises the above-outlined power to suspend a person from his University-related status pending a hearing, these procedures shall be followed:
(a) As soon as possible, not to exceed 5 calendar days, after any person is suspended, the University Hearing Board shall meet to determine whether good cause has been shown for the exercise of the President’s suspension power.
(b) If the University Hearing Board determines that (a) good cause has not been shown for the suspension, or (b) that circumstances have changed so that suspension is no longer necessary, the suspension shall be lifted immediately.
(c) If the suspension remains in effect after the University Hearing Board’s initial meeting, upon motion by any member of the Board or upon the request of any suspended person, the Board may decide to reconvene to determine whether circumstances no longer require suspension.
d. Suspension of the Activities of a Registered Organization Pending Hearing Under Title Three Violations
(1) In extraordinary circumstances and for the purpose of assuring public order and safety, the President or a designated representative, after consulting with the Office of the Dean of Students and/or other offices as deemed appropriate, shall have discretionary power to suspend the activities of a registered organization pending completion of an investigation of a formal complaint.
(2) The Judicial Administrator may accept from the President this power to temporarily suspend pending hearing, but only if the Judicial Administrator may exercise the power at his or her own discretion after consulting with the Office of the Dean of Students and/or other offices as deemed appropriate.
(3) When the President or a designee exercises the above-outlined power to suspend the activities of a registered organization from their University-related status pending a hearing, these procedures shall be followed:
(a) As soon as possible, not to exceed 5 calendar days, after any registered organization is suspended, the University Hearing Board shall meet to determine whether good cause has been shown for the exercise of the President’s suspension power.
(b) If the University Hearing Board determined that (a) good cause has not been shown for the suspension or (b) that circumstances have changed so that suspension is no longer necessary, the suspension shall be lifted immediately.
(c) If the suspension remains in effect after the University Hearing Board’s initial meeting, upon motion by any member of the Board or upon the request of any suspended registered organization, the Board may decide to reconvene to determine whether circumstances no longer require suspension.
4. University Review Board
a. Hearing Panels
(1) All members of the University Review Board shall be scheduled to sit for a given case.
(2) Decision of the Review Board shall be rendered by a majority vote of the members present. The majority shall constitute a quorum for any hearing.
b. All accused persons have the right to appeal to the University Review Board.
c. Appeals shall be initiated as follows:
(1) An accused person against whom a sanction has been imposed or a remedy assessed shall have the right to appeal a decision of a hearing panel to the University Review Board. He or she shall file notice of the appeal with the Judicial Administrator within 10 business days of his or her receipt of the notice of the decision.
(2) Any complainant, other than the University community as defined in Title Four, Article VI A 1, shall have the right to appeal the decision of the panel to the University Review Board, but only in cases where remedies are sought.
d. Appeals may be based upon:
(1) Any violation by the Hearing Board, or any of its panels, in the fair application of the procedures established by University Assembly, or Trustee legislation, or the internal procedures adopted by the Hearing Board members, if such violation may have had a prejudicial effect upon the outcome of the hearing.
(2) The discovery of additional evidence after the hearing which may have an effect upon the outcome of the hearing.
(3) The accused person’s belief that the sanction and/or remedy imposed upon him or her is unjust.
(4) The complainant’s belief that the remedy awarded him or her is not commensurate with the injury.
e. Notification
(1) The appellant shall file notice of appeal with the Judicial Administrator within 10 business days of his or her receipt of the notice of the decision.
(2) The appellant and respondent (if there is one other than the Judicial Administrator) shall be notified of the time of the hearing no later than seven calendar days after notice of appeal is filed, and no less than seven calendar days in advance of the hearing.
(3) The Board shall meet to hear an appeal within 21 calendar days of the date that the notice of appeal is filed, unless a postponement, for a good cause shown, is granted by the chair on request.
f. Disposition of Appeals
(1) Any decision of the University Review Board shall be based solely on the record of the hearing, and/or in appropriate cases, upon a showing of new evidence. The Board shall remand a case to the hearing panel from which it originated on a showing that new evidence has been discovered after the hearing which could affect the outcome of the hearing process.
(2) The University Review Board may:
(a) Uphold the hearing panel decision,
(b) Reverse a finding of violation,
(c) Reduce a sanction,
(d) Modify a remedy,
(e) Remand a case to the hearing panel from which it originated for a new hearing,
(f) Remand a case to a newly composed hearing panel in appeals of procedural violations.
D. General Provisions
1. Any charge of a violation of Title Three of the Campus Code of Conduct must be initiated by the bringing of charges by the Judicial Administrator within one calendar year of the date of the alleged violation. Exceptions to this policy which extend the period beyond one year are:
a. In cases where the charge is fraud, the period shall be one calendar year from the alleged fraud or 60 calendar days from the discovery of the fraud, whichever is longer, but in any event no more than three calendar years from the alleged fraud.
b. In cases where the individual to be charged is absent from the University due to either:
(1) a leave of absence,
(2) termination of employment, or
(3) a withdrawal as a student, a charge may be brought within one calendar year of the date of the alleged violation or within 60 calendar days of his or her return to the jurisdiction of the University judicial system, whichever is later.
c. In cases where the individual to be charged is also facing pending criminal prosecution involving the same matters, a charge may be brought within 60 calendar days of the final disposition of such criminal prosecution. Should it appear that the individual will leave the University before such a time, the President or the President’s designee may cause the individual’s degree to be withheld. Any such action shall remain in effect for the period of time in which the University may file charges.
d. The University Hearing Board may extend any period by up to an additional six (6) calendar months upon a petition from the Judicial Administrator and a showing of special or unique circumstances justifying such an extension provided that such petition is made to the Hearing Board prior to the initial expiration of the period.
2. No final decision of the campus judicial system shall be reviewed by any other authority within the University.
3. Additional Rights. A person accused of a violation under Regulation for the Maintenance of the Educational Environment shall have the following rights:
a. No person shall be denied the opportunity to question witnesses or to confront his or her accusers. In cases where the University Hearing Board determines that a complainant or victim is unable to testify due to compelling reasons, the accused person’s inability to confront his or her accuser(s) shall not, in and of itself, constitute grounds for dismissing the complaint. The case shall proceed and the Hearing Board shall base its decision on whether the remaining evidence establishes a clear and convincing violation of the Code.
b. No person shall be compelled to testify against him or herself.
c. Confidential relationships currently protected under federal and state law shall be protected under this system.
d. No person shall endure cruel and unusual punishment.
e. No person shall be denied the right to present evidence and witnesses in his or her own behalf.
4. The Judicial Administrator, any University Hearing Board panel, or the University Review Board may grant transactional immunity from prosecution within the judicial system to witnesses.
5. Violations, sanctions, and remedies shall be recorded in the Office of the Judicial Administrator and/or Director of Cornell University Police in all cases arising under the University judicial system. Subject to the qualifications set forth in Articles V A and VI B of this Title, copies of such records shall not be released to outside sources without written consent of the subject of such record.9
6. Notifications of violations, sanctions, and remedies concerning the accused person shall be sent as directed by the Hearing Board to the University officials necessary to make the sanctions and remedies as effective and to other persons who might provide counseling assistance to the accused person.9
7. The judicial boards shall be responsible for establishing their own internal rules and procedures not specified elsewhere.10
a. Such rules and procedures must be published in the Cornell Chronicle before going into effect.7
b. Any future changes in rules and procedures must be published in the Chronicle at least 30 days before taking effect.
8. The Judicial Administrator shall annually report to the University Assembly on the operation of the office and the judicial system as a whole.
9. The judicial boards shall report upon request to the University Assembly Codes and Judicial Committee.
10. The judicial administrator and other parties to the hearings must make good faith efforts to meet the deadlines for conducting hearings outlined by the Code. If the timelines cannot be met, however, the hearings must be held as soon as practicable.
A. Jurisdiction of the Judicial System
All violations of the Campus Code of Conduct by a student, faculty member or University employee shall be processed through the judicial system, consistent with the principles at Title One, Article II, except as provided at F below.
While the Campus Code of Conduct establishes standards of conduct applicable to all students, faculty members or University employees, the term student as used herein shall be interpreted to mean any person currently registered with the University as a degree candidate in any of Cornell’s undergraduate or graduate divisions, a special student in the undergraduate divisions, or a non-degree candidate in the graduate school.
Persons not officially registered shall be considered students if they are:
• currently enrolled in or taking classes; or
• in connection with academic activities, currently using University facilities
or property or the property of a University-related residential organization.
B. Jurisdiction of the Judicial Administrator
The Judicial Administrator shall:
1. Receive and investigate complaints concerning alleged violations of the Campus Code of Conduct and such other documents as the University Assembly may direct;
2. Initiate investigation of possible violations of these documents where there have been no formal complaints;
3. Prefer charges alleging such violations;
4. Inform accused persons of such charges in writing;
5. Insure that accused person is aware of: all the rights and options available to him or her; the procedures of the Office of Judicial Administrator and judicial boards; the alternative procedures described in F below; has right to counsel; and his or her right of access to the Office of the Judicial Codes Counselor.
6. On request of University officials, the Judicial Codes Counselor, committees, boards, or other judicial mechanisms as hereafter described, to provide a copy of charges made against the accused person.
7. Research a summary decision acceptable to the accused person; or refer the case to the University Hearing Board for adjudication.
C. Jurisdiction of the University Hearing Board
1. a. A five-person panel of the University Hearing Board shall hear cases involving alleged violations of Title Three, and shall review decisions of the Office of the Judicial Administrator as provided for in Article VIII B above.
b. An eight-person panel of the University Hearing Board shall hear cases involving alleged violations of Title Two (Regulations for the Maintenance of Public Order) of the Campus Code of Conduct.
c. A five-person panel of the University Hearing Board shall review any temporary suspension imposed under Title Three by the President of the University or a designee, pending a hearing on the merits of the charges by the University Hearing Board.
2. A five-person panel of the University Hearing Board consisting of at least one each, faculty, staff, and student shall review instances in which the complainant is dissatisfied with the action taken by the Judicial Administrator on the complaint.
a. The University Hearing Board, a majority concurring, can:
(1) Uphold the decision of the Judicial Administrator;
(2) Order the Judicial Administrator to reopen the investigation; or
(3) Order the Judicial Administrator to prefer formal charges so that the case can be adjudicated by a panel of the University Hearing Board.
b. The non-voting chair appointed by the President under Article IV A 4 shall preside over these proceedings.
3. The University Hearing Board shall upon adjudication find the accused person did not violate the code and dismiss the case, or find the accused person violated the code and impose a sanction and/or a remedy.
D. Jurisdiction of the University Review Board
The University Review Board shall hear appeals of cases decided by hearing panels of the University Hearing Board.
E. Jurisdiction over Faculty and Staff
1. Should any complaint of such a violation
11be made to a supervisor, department head, dean, or the Judicial Administrator, or should a supervisor, department head, or dean accuse an employee or faculty member of a violation which involves conduct clearly arising in the course of employment, determination of whether there was a Code violation shall be made by the appropriate University administrative authority, department head, or dean who shall also assess sanctions and/or remedies where appropriate. The procedures of the Campus Code of Conduct shall not apply to faculty members or staff who are accused of employment-related misconduct.a. The accused may make a jurisdictional appeal; i.e., a question whether the alleged conduct arose in the course of employment and calling for rechanneling into the judicial system, to the Judicial Administrator. Such appeal shall be successful only in the event that the Judicial Administrator finds the conduct to be non-job related upon consultation with the Dean of Faculty or Vice President of Human Resources (as appropriate).
b. The accused may make an appeal on the merits of administrative action through the employee grievance procedure or appropriate faculty channels but not through the judicial system.
2. If a complaint comes to a supervisor, department head, or deanabout the conduct of an employee or faculty member not arising in the course of employment or about which there is uncertainty, the complaint shall be referred to the Judicial Administrator for channeling into the administrative action process or the judicial system. The criterion on which the Judicial Administrator shall channel in the foregoing cases as well as in cases where the complaint is made to the Judicial Administrator is whether or not the conduct of the accused is job-related. In reaching such a decision the Judicial Administrator shall consult with the Dean of Faculty if the case involves a faculty member or the Vice President of Human Resources if the case involves an employee other than a faculty member. The Judicial Administrator shall make his or her own decision after such consultation.
3. Upon imposition of a sanction of dismissal or suspension upon a faculty member by the University Hearing Board, such faculty member may choose to appeal to an arbitration committee (as described in Trustee legislation of April 28, 1951, titled Faculty Dismissal Procedure) in lieu of appeal through the University Review Board. Similarly, any sanction imposed on non-faculty employees is subject to review either pursuant to applicable grievance procedures or by appeal to the University Review Board as the employee may elect.
IX. INTERPRETATION AND MODIFICATION
A. The Regulations for the Maintenance of Public Order constituting Title Two and Article III of Title Four hereof, are adopted by the Board of Trustees and may be amended only by action of the Board of Trustees. Therefore, no term of any other article or provision of the Campus Code of Conduct shall be interpreted to amend, supplement, or modify, in any manner, any provision of the Regulations for the Maintenance of Public Order.
B. Nothing contained in these regulations shall impair the right of the University to take such action as may be necessary or appropriate for the purposes of construction and repair of facilities, of regulating vehicular and pedestrian traffic, and of maintaining order and safety.
C. All Titles of the Campus Code of Conduct except Title Two and Title Four, Article III may be amended by the University Assembly subject to the approval of the President.
D. The “Principles and Policies Governing the Community Judiciary Systems,” “Campus Code of Conduct,” “Uniform Penalties and Remedies Act of 1971” and “Judicial Reform and Restructuring Act of 1972” are hereby repealed.
E. The rights, duties and liabilities of any complainant and accused person remain unextinguished except as modified by this legislation which is a consolidation of existing legislation with amendments.
F. This legislation shall become effective as of midnight on May 30, 1987.
Title Five RESPONSIBLE SPEECH AND EXPRESSION
PURPOSE
The principle of freedom with responsibility is central to Cornell University.Freedom to teach and to learn, to express oneself and to be heard, and freedom to assemble and lawfully protest peacefully are essential to academic freedom and the continuing function of the University as an educational institution. Responsible enjoyment and exercise of these rights means respect for the rights of all. Infringement upon the rights of others or interference with the peaceful and lawful use and enjoyment of University premises, facilities and programs violates this principle. These time, place and manner restrictions delineate lawful speech from prohibited forms of expression.
I. PUBLIC SPEAKING EVENTS ON CAMPUS
A. Arrangements
1. Any recognized campus organization is free to invite a speaker to address its own membership in a private, closed meeting under ground rules set by the inviting organization.
Commentary. A closed meeting can serve many legitimate purposes, including creation of a more informal atmosphere, maximizing the opportunity of organization members to ask questions, allowing the speaker to talk “off the record,” and ensuring a particular kind of discussion because