Spring 2020 Code Revisions - Section 2: The University's Response to a Complaint of Prohibited Conduct
Please note that a * denotes a section that has corresponding CJC comments that the committee wishes the public to review.
Upon receipt of a complaint of alleged conduct in violation of the Code by a student, a group of students, a University-recognized organization, or a University-registered organization, or upon receiving a report of information that a violation of this Code may have occurred, [1] the OSCCS will make an initial inquiry to assess the conduct alleged and the University’s jurisdiction. In this initial inquiry, the OSCCS should determine whether:
-
the behavior described falls under “Prohibited Conduct” according to Section 4 of the Student Code of Conduct;
-
a student, or University-recognized or University-registered student organization and living group was alleged to have violated the Code;
-
if formal charges are filed by the OSCCS against the respondent, those charges will fall within the limitations period specified below;
-
the behavior falls within the jurisdictional limits in Section 3 of the Student Code of Conduct.
During the initial inquiry, the OSCCS should also work to address any immediate health or safety concerns, including imposing any appropriate interim measures.
If the OSCCS determines that an individual making the complaint of the alleged conduct in violation of the Code was directly harmed by the reported conduct and would like to participate in the pendency of the complaint as a named complainant, the OSCCS will designate the individual as the named complainant.
Any Formal charges against a respondent ordinarily must be filed by the OSCCS within one calendar year of the date of the alleged violation. Exceptions to this policy that extend the period beyond one year are:
-
In cases where the individual to be charged is absent from the University because of either:
-
(1) a leave of absence or;
-
(2) a withdrawal as a student, a charge may be brought within one calendar year of the alleged violation or within 60 calendar days of his or her return to the jurisdiction of the University conduct system, whichever is later.
-
-
In cases where the individual to be charged is facing public prosecution involving the same matters, a charge may be brought within 60 calendar days of the final disposition of such prosecution.
-
The OSCCS may request a Hearing Panel Chair to extend any limitations period by up to an additional six calendar months, with notice to the respondent upon a showing of special circumstances justifying such an extension, provided that the OSCCS delivers such written request to a Hearing Panel Chair prior to the expiration of that period.
The initial inquiry by the OSCCS of a complaint or a report received by the OSCCS may lead to:
-
a determination that the allegations do not fall under the Student Code of Conduct and should be referred to another University Office for investigation and/or adjudication under a more appropriate University policy;
-
a determination that the allegations do not fall under the Student Code of Conduct and should be referred to another University Office or campus partner, such as Cornell Health, the Office of the First Generation & Low-Income Support, and the Office of Sorority and Fraternity Life;
-
a determination that the complaint or report made to the OSCCS should be administratively closed because, even if the behavior occurred, the behavior alleged would not violate the Code;a more comprehensive investigation by the OSCCS of the allegations may be appropriate.
After an initial inquiry of a complaint or report, the OSCCS will determine whether there is reasonable cause to believe that a violation of the Code has occurred. If the OSCCS determines that there is such reasonable cause, the OSCCS will initiate an investigation of a Formal Complaint with either an individual or the University as the named complainant. The OSCCS must notify the respondent (or on an officer of record of a respondent University-registered or University-recognized organization) of the action the OSCCS will take under these procedures to investigate and resolve the Formal Complaint. The notice must include the following information:
-
the provisions of the Code the respondent is alleged to have violated;
-
the approximate date of when the alleged violation(s) occurred; and,
-
a summary of the following information:
-
the available methods of resolution under the Student Code of Conduct;
-
the possible sanctions if a violation is found;
-
a respondent’s right to an advisor and support person;
-
the contact information for the Judicial Codes Counselors; and,
-
additional campus resources available to the respondent.
-
This notice must be provided by Cornell in writing and by email via secure Drop Box, if possible, to the respondent promptly, ordinarily within seven calendar days, of initiating a Formal Complaint, and prior to taking steps to resolve the Formal Complaint.
*The CJC voted 4-2 to keep “in writing,” which means that a formal letter will be sent to the students listed on-campus address in addition to the secure email. The 2 members who voted against thought that this was redundant and unnecessary.*
Following the initial inquiry of a complaint of alleged conduct in violation of the Code, and pending the resolution of a Formal Complaint or referral to campus partners, the OSCCS may determine that Interim Measures are appropriate to advance the following goals: to support and protect the safety and health of the complainant, the respondent, the University’s educational environment, and the University community; to deter retaliation; and to preserve the integrity of the investigation and resolution process pursuant to these procedures. Interim Measures will be designed in a fair manner and narrowly tailored to minimize to the extent possible any restrictions on those affected. When an interim measure is imposed, the OSCCS must promptly inform the respondent and the individual complainant (if applicable) of the interim measures.
Interim Measures might be in the form of support or accommodations for or restrictions upon the respondent and the individual complainant (if applicable). More restrictive Interim Measures will be calibrated to address a perceived risk but tailored to minimize to the extent possible the impact on the respondent whose underlying case of prohibited conduct has not yet been investigated and adjudicated.
Examples of Interim Measures include but are not limited to: referrals to appropriate offices to obtain: access to counseling, advocacy, or medical services; access to academic support; academic accommodations changes in class schedules, changes in work schedules, job assignments, or other work accommodations; changes in campus housing; safety escorts; “no-contact” orders (curtailing or prohibiting contact or communications between or among individuals); and Temporary Suspensions.
The complainant or respondent may at any time request that the OSCCS issue, modify, or remove Interim Measures based upon a change in circumstance or new information that would affect the necessity of any Interim Measures.
The complainant or respondent may petition the Vice President of Student and Campus Life (VPSCL) in writing to review the OSCCS’s decision whether to issue, modify, or remove Interim Measures. A party may seek such review only if the Interim Measure directly impacts that party. The petition should include the reasons and any supporting information for their request for review.. The materials should be submitted to the OSCCS, who will forward all materials to the VPSCL. The OSCCS will also inform the non-petitioning party that a request has been filed and provide a copy of the request to that party.
If, based upon the request, the VPSCL is considering issuing, modifying, or removing an Interim Measure, the VPSCL will invite the non-petitioning party and the OSCCS to submit responses. The VPSCL will establish a reasonable timeline for handling the matter.
If the VPSCL determines that the OSCCS’s decision should be set aside, the VPSCL will instruct the OSCCS to vacate the prior decision on Interim Measures immediately. At that time, the OSCCS may impose alternate reasonable and appropriate Interim Measures. The VPSCL may provide the OSCCS with guidance regarding appropriate alternate Interim Measures.
The VPSCL will provide a written decision to the parties and the OSCCS. The decision of the VPSCL is final; there is no right to appeal.
*The CJC voted 6-2 to keep this section as written. The 2 who voted against believed that this process should be less formalized and conducted on an ad-hoc basis by the Vice President of Student and Campus Life to increase simplicity.*
In consultation with appropriate University officials, the OSCCS has discretionary power to temporarily suspend a respondent pending resolution of the underlying case where immediate action is necessary to protect the complainant or the University community. A temporary suspension may include the withdrawal of any or all University privileges and services, including class attendance, participation in examinations, utilization of University premises and facilities, and in the case of University-recognized organizations or University-registered organizations, recognition by the University.
A Temporary Suspension may be imposed only when less restrictive measures are deemed insufficient to protect the complainant or the University community. In determining whether a Temporary Suspension is appropriate, the following factors, among others, should be considered:
-
whether the respondent has a history of violent behavior or is a repeat offender;
-
whether the alleged violation of the Code is escalation of prior unlawful conduct;
-
whether there are facts indicating a risk that the respondent will commit acts of interpersonal misconduct or violence; and
-
whether there is reasonable basis for concern that the respondent will commit retaliatory acts;
-
whether there exists reasonable basis for concern over possible harm to the safety of others involved or the campus community generally.
The respondent may file a request in writing to lift the Temporary Suspension with the Appeal Panel. The OSCCS may file a response. The Appeal Panel will meet to consider the request to lift the temporary suspension within five (5) business days of receiving the respondent’s request, with exceptions only for extraordinary cause. If the Appeal Panel determines that good cause for the Temporary Suspension is inadequate or absent, that other less restrictive alternatives are available, or that circumstances have changed so that the suspension is no longer necessary, the Temporary Suspension will be immediately lifted. The Appeal Panel may simultaneously provide the OSCCS with guidance regarding appropriate alternate Interim Measures, and such alternatives are within the OSCCS’s continuing authority. The Appeal Panel’s decision is final; there is no further right of appeal.
*The CJC voted 7-1 to keep this section as written. The 1 member who voted against believed that this process should be less formalized and conducted on an ad-hoc basis by the Vice President of Student and Campus Life to increase simplicity.*
[1] Throughout these procedures, various University officials, such as the OSCCS, are assigned responsibility for performing specific functions. Named officials are authorized to delegate responsibility to other appropriate University officials and non-university consultants except where such delegation contravenes University policy. Additionally, named officials and their designees may always consult with appropriate University administrators, the Office of University Counsel, and subject-matter experts.
**Please submit comments on the main 2020 Proposed Amendments to the Campus Code of Conduct page.**