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Krause Report: Major Issues -- Current and Proposed Campus Code
For full report and related documentation, please visit: Krause Report online.
|Structure/location of JA’s Office||Independent. JA is appointed by President, with concurrence of University Assembly, for renewable 2-year terms; can be removed during term of office only by Board of Trustees.||“Office of Student Conduct” is incorporated into Dean of Students Office; disciplinary system has a more educational focus and is integrated with student affairs. “Director of Student Conduct” reports to Dean of Students. Vice President for Student and Academic Services (or designee) assumes significant responsibilities, including review of interim suspensions.|
|Off campus jurisdiction||General rule is no off campus jurisdiction. “Exceptionally grave misconduct” provision may be invoked by President.||Office of Student Conduct has discretion to consider off campus allegations if misconduct poses a direct and substantial threat to University’s educational mission or to the health, safety, or property of the University or its members.|
|Deferring based on pending criminal charges||Certain types of misconduct, including felonies, continue to be “prosecuted” under the Code while being adjudicated in the courts. Otherwise, when the administration determines that the misconduct “does not constitute a serious breach of the law and that the interests of justice would be served,” University will generally withhold exercise of campus jurisdiction, “when prompt public prosecution is anticipated or is under way,” until public proceedings are completed.||University ordinarily will conduct campus disciplinary proceedings regardless of possible or pending criminal charges or civil claims related to the same incident or behavior. (Allows discretion to defer.)|
|Faculty/Staff||Code applies to non-work related misconduct of faculty and staff. Complaints about faculty or staff involving work related misconduct must be made to the appropriate department head, dean, or administrator.||Code sets forth standards of behavior that apply to all members of the Cornell community. Student matters handled in the “Student Disciplinary System”. Faculty referred to department head or dean; employees referred to supervisor or HR representative.|
|Sanctions||List of sanctions provided. Some general guidance that subsequent offenses will generally result in progressively more serious sanctions.||List of sanctions provided. Retain guidance on progressive discipline. Adds provision that certain types of serious offenses (violence, bias motivated offenses, and any other offense that threatens educational mission, health, or safety) ordinarily will result in dismissal or significant suspension.|
|Procedural formality||Very formal with many features of criminal justice system.||Recast entire process to be more educational in approach, while still ensuring fundamental fairness to the accused and insisting upon accountability for those responsible for violations.|
|Attorneys/advisers||Attorney or any other adviser may be present at any stage and may participate actively (e.g., question witnesses or advocate).||Accused may have an adviser from the University community at any stage. Adviser may speak with accused but may not participate actively. If accused was also arrested, accused may be accompanied by an attorney from inside or outside the University, but attorney’s participation is limited to same extent as any other adviser.|
|Sufficiency of evidence||Clear and convincing.||Preponderance (more likely than not). Most campus judicial systems use this standard. (See full report for citation.)|
|“Right to remain silent”||Stated as such.||Phrase is a criminal law concept that is not appropriate to campus disciplinary proceedings. All campus members are obligated to cooperate with Office of Student Discipline. Cases may be decided on existing evidence if accused does not appear or answer.|
|Appeals of hearing board decisions||Complainant or accused can appeal based on certain stated grounds. All appeals heard by board(s). JA has no right to appeal.||Complainant (because of different role in the recast model) has no right of appeal. Accused or Office of Student Conduct may appeal based on certain stated grounds. If sanction involves suspension or dismissal, Review Board will hear appeal. All other appeals will be heard by a single “Conduct Review Officer” to be appointed by VP for Student and Academic Services. Agreed upon suspension and expulsion JA and accused may not agree to suspend or dismiss; only Hearing and Review Boards may take such action. Suspension and dismissal may be part of a voluntary agreement to sanctions. Office of Student Conduct must notify VP Student and Academic Services of any such agreement.|
|Agreed upon suspension and expulsion||JA and accused may not agree to suspend or dismiss; only Hearing and Review Boards may take such action.||Suspension and dismissal may be part of a voluntary agreement to sanctions. Office of Student Conduct must notify VP Student and Academic Services of any such agreement.|
|Amendment||“Public order” provisions require Board of Trustee approval. Otherwise, because JA’s office is independent and to ensure community input, Code may be amended by the University Assembly with approval of the President.||“Public order” provisions require Board of Trustee approval. Otherwise, because disciplinary function is under the student affairs umbrella, Conduct Code and Student Disciplinary System are adopted as University policy according to University Policy 4.1 (Formulation and Issuance of University Policies). Community input, especially student input, should be sought through this process.|