UA R10 (2016-2017): Appointment of University Hearing and Review Boards Members for Academic Year 2017-2018

Deferred by the President

• Resolution:
  UA R10 (2016-2017): Appointment of University Hearing and Review Boards Members for Academic Year 2017-2018
• Day:
  June 5, 2017
• Action:
  Deferred by the President
• Summary / Notes:

  Dear Gabe,

  Thank you for submitting UA Resolution 10: “Appointment of University Hearing Board and University Review Board Members for Academic Year 2017-2018.” While I fully support the appointments made by the Assembly, I have several concerns about the resolution as drafted, and am therefore returning it for reconsideration.

  I am concerned that the second and fourth “Resolved” clauses (lines 23-26 and lines 40-43) give the Office of the Judicial Administrator (“OJA”) the authority to appoint members to the University Hearing and Review Boards (“UHRB”) should vacancies arise. As you know, under the Campus Code of Conduct, the University Assembly is the body granted authority to appoint members to the UHRB, and the UA’s Charter establishes its authority to appoint and remove members as needed. There is no existing authority in either the Code or the UA’s Charter to delegate any responsibility for appointing members to the UHRB to the OJA, and I firmly believe that doing so would be a mistake. A clear and visible separation between our prosecutorial and judicial bodies is fundamental to Cornell’s judiciary process. The UHRB are and must continue to be independent from the OJA.

  Further, the Campus Code of Conduct (“Code”) does not currently contain provisions for alternate members to be appointed to the UHRB. The Code stipulates there are to be 25 students, 15 staff and 15 faculty in two-year staggered terms. If there is a need to increase the number of members on the UHRB, the Code should be amended accordingly to maintain full membership of each Board.

  Finally, there currently is no provision for any member to be “eligible to renew their term”. I understand this has been an historic practice; however, to improve transparency for the campus community and the UHRB members, the Code should be amended to align the process and the practice.

  Because there is a timely need to staff the judiciary boards over the summer, I am conditionally approving the appointments of Emma Kioko, Ziva Posner, Andrew Rosenblatt (students); and Delia Herrin, Monica Ingram (employees), for the terms listed on UA R10, pending submittal of a revised resolution that addresses the foregoing concerns.

  I appreciate the commitment of the University Assembly to participate in the staffing of the Boards, and the time and deliberation it has taken in making the appointments. Upon receiving an amended resolution addressing the concerns above, I look forward to fully approving the members to the University Hearing and Review Boards.

  Sincerely,

  Martha Pollack

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