Please note that a * denotes a section that has corresponding CJC comments that the committee wishes the public to review.

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• 4.1 Methods of Resolving a Formal Complaint*
• 4.2 Sanctions/Remedies*
• 4.3 Recordkeeping During the Resolution of a Formal Complaint*

4.1 Methods of Resolving a Formal Complaint*Once the OSCCS believes that it has completed a thorough and fair investigation, the OSCCS may resolve the Formal Complaint in the following ways:

• Educational Conference;
• Administrative Resolution;
• Administrative Resolution by Mediation or other Alternative Dispute Resolution; and/or
• Administratively close the report or Formal Complaint.

During an Educational Conference, a representative of the OSCCS will meet with a respondent to learn about the respondent’s experience and thoughts regarding the alleged violation of the Student Code of Conduct. During the meeting, the OSCCS should review the Code and these Procedures, the student’s rights, and provide a detailed summary of the reported conduct. The OSCCS should discuss whether additional investigation is necessary and whether it believes
that the burden of proof has been met to find a violation of the Code.
When the OSCCS believes that it cannot meet the burden of proof that the respondent violated the Code, the OSCCS shall administratively close the Formal Complaint.

If the OSCCS believes that the evidence meets the standard of proof of a violation of the Code, the OSCCS may recommend that the respondent be found responsible and may recommend the appropriate sanctions and/or remedies. The respondent may propose modifications to the recommended sanctions and/or remedies. If the OSCCS and the respondent reach an agreement about the respondent’s responsibility and the appropriate sanctions and/or remedies,
both the OSCCS and the respondent must sign an Administrative Resolution agreement. The respondent may withdraw from the approval of the agreement within two business days after the OSCCS and the respondent sign the agreement.
In addition to, or instead of, an Educational Conference, the OSCCS may recommend that the respondent resolve the alleged violations of the Code by Administrative Resolution by Mediation or another form of Alternative Dispute Resolution (ADR). The respondent may withdraw from the approval of an Administrative Resolution by ADR agreement within two business days after the OSCCS, the respondent, and the mediator sign the agreement. *The CJC would like to hear feedback on what the public feels potential outcomes might be from educational conferences.* 4.2 Sanctions/Remedies*In recommending sanctions and remedies, the OSCCS will consider: 

• the severity of the prohibited conduct;
• the circumstances of the prohibited conduct;
• the impact of the prohibited conduct and sanctions and remedies on the complainant and/or University community;
• the impact of the prohibited conduct and sanctions and remedies on the respondent;
• prior misconduct by the respondent, including the respondent’s previous disciplinary record at Cornell University, and any criminal convictions;
• the goals of the Code and these Procedures; and
• any other mitigating, aggravating, or compelling factors.

The OSCCS may recommend one or more of the following student sanctions and remedies:

• Measures similar in kind to the Interim Measures specified under these procedures;
• Appropriate educational steps (such as alcohol or drug education, reflection papers or other reflection exercises, counseling, or directed study);
• Community work, which shall not be more than 80 hours per violation;
• Restitution in part or full;
• Fines of not less than $20 nor more than $500 payable to the University Treasurer;
• Oral warnings;
• Written reprimands (imposed or deferred);
• Disciplinary probation for a stated period (imposed or deferred);
• Suspension from the University for a stated period not to exceed five (5) years (imposed or deferred);
• Expulsion from the University.

The OSCCS may recommend one or more of the following sanctions and remedies on University-registered or University-recognized organizations:

• Measures similar in kind to the Interim Measures specified under these procedures;
• Appropriate educational steps for members (such as alcohol or drug education, reflective exercises or other reflection exercises, counseling, or directed study);
• Community work performed by members, which shall not be more than 80 hours per violation;
• Restitution in part or full;
• Fines of not less than $20 nor more than $500 payable to the University Treasurer;
• Oral warnings;
• Written reprimands (imposed or deferred);
• Restrictions or loss of specific or all privileges at the University for a specified period of time;
• Disciplinary probation (imposed or deferred);
• Suspension from the University for a state period not to exceed five (5) years (imposed or deferred);
• Rescission of permission to operate on University property and/or termination of the organization’s agreement and relationship with the university.

*The CJC voted 5-2 to make suspension up to 5 years, this is because some academic programs are longer than 4 years for undergraduate students and graduate students and affected students would be able to graduate within that time period if the violation was serious enough to warrant a 5 year suspension. The 2 who voted against believed that up to 3 years was appropriate and sufficiently severe punishment.*

4.3 Recordkeeping During the Resolution of a Formal Complaint*While a Formal Complaint or investigation is pending, the OSCCS may not place a notation on the respondent’s transcript, including in circumstances where the Formal Complaint is referred to a Panel for resolution. If the OSCCS believes that the respondent may graduate or otherwise leave the university prior to the resolution of a Formal Complaint, the OSCCS must first attempt to enter into a separate agreement with the respondent to allow the University to maintain jurisdiction over the respondent if the respondent graduates prior to the resolution of the Formal Complaint, including the completion of sanctions/remedies agreed to or imposed. The University may not withhold awarding a degree otherwise earned until after the resolution of the Formal Complaint unless the respondent does not enter into a separate agreement with the University. 

*The CJC voted 3-5 to keep the language above as written. The 5 who voted to change the language had varying ideas. Some wanted to allow the OSCCS to place a transcript notation during the conduct process, while others wanted to find some “middle ground” between the two. The CJC welcomes detailed feedback on this section.* 

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**Please submit comments on the main 2020 Proposed Amendments to the Campus Code of Conduct page.**