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Cornell University

Campus Code of Conduct Public Forum | Questions

5/7/2020 Campus Code of Conduct Public Forum

Questions

  1. Can you please write in text who the speakers are and their roles? thanks
  2. Several of us came into the webinar about 10 minutes late. Could you please explain the difference between the Hearing Panel and the Administrative Panel?
  3. Why is the window for feedback so short? Students were given very short notice for this forum and for commenting.
  4. How does this effect the hearing panels?
  5. What will be the future status of the JCC Office?
  6. I'm curious if there's a difference between "clear and convincing" and "beyond a reasonable doubt," which is a term more people may have heard.
  7. Which panel does sexual assault fall under? What impact will the change in evidentiary measures have on the accuser and accused?
    1. Sexual assault and harassment fall under Policy 6.4. This Code does not impact Policy 6.4.
  8. It’s unclear to me how a five-year expulsion for an undergraduate student could be viewed as anything other than a de facto expulsion? I mean, you’re setting up a situation where a 21-year-old, for example, could receive that at not be permitted to return and receive their bachelor’s degree until they are 26 years old?
  9. One of the justifications for the change in the burden of proof was that it was more educational; could you please elaborate how this term is being used? And specifically, how this goal is advanced by lowering the burden of proof.
  10. is there a role of the Ombudsman in all of this?
  11. It would be great if you could expand acronyms almost always.
    1. Thank you! We'll make an effort to do that.
  12. I hear a lot of talk about making this process more "educational" and less "legalistic" It has never been made clear exactly how the changes being suggested actually are educational. It’s my understanding most of the people in the OJA are trained lawyers, while on the other side of the equation are young students. How does making it easier for the OJA to punish students educate anyone? It just seems odd to me there’s all this talk of how education is important, but no one has fully articulated what exactly is educational about the changes?
  13. What is the role of the Ombudsman in all of this?  Or, are you talking about "violations" only and not incidents that could benefit from mediation?
  14. Has the committee considered defining codes regarding prohibited conduct in section 4 (which are quite often listed in whole on a student’s disciplinary record) such as code 4.2 related to alcohol? Currently a student who is, for example, caught in possession of alcohol has a reportable offense on file that includes “To unlawfully manufacture, distribute, dispense, possess, use, or sell alcohol.”
    1. It also helps on transfer applications to say “suspension” instead of “expulsion”.
  15. Should we really be considering paying undergraduate students to represent undergraduate students? I'd much rather prefer an apprentice "practitioner", i.e. Law students
  16. How will the JCC's intend to increase/recruit the number of people color as JCC's seeing as there are none currently?
  17. If the substantive changes are minimal and maintain the status quo, then what is the need for the change?
  18. Would changing our burden of proof to fit the national standard be fitting in with the status quo?
  19. Does the current draft of the code include codified abilities of the office to summon or compel people participate in hearings? How do these fact-finding abilities of this office relate to the standard of proof?
  20. I’m all for the community having a voice if they “all agree” that they have been injured in some way— But just because they “all agree” does not mean they are correct and it does not mean that the student in question is deserving of the extent of sanctions that you are trying to give yourselves the power to execute.
  21. Let’s be clear what preponderance of the evidence does here. It makes it easier for the OJA to pass down punishment. Saying it "puts the community on equal footing" is…well a bit of a cop out. If you talk to students who’ve been through the process now, already with the higher standard, I’m sure at least some of them already felt they were crushed by the weight of the power held by the OJA and the "community." How does making it easier to punish students help the community, of which these students are a part?