Student Assembly

Minutes
Cornell University Student Assembly
April 21, 2011
4:45pm — 7:00pm
Willard Straight Hall, Memorial Room

I. Call to Order

R. Mensah called the meeting to order at 4:43pm.

II. Roll Call

Representatives present: S. Agard, A. Bajaj, G. Block, A. Brokman, R. Desai, C. Feng, M. Finn, A. Gitlin, M. Gulrajani, J. Kay, D. Kuhr, R. Mensah, A. Nicoletti, A. Pruce, N. Raps, J. Rau, M. Scheff, U. Smith, A. Yozwiak

Representatives absent, unexcused: V. Andrews, G. Moon

Representatives late, � absent: M. Danzer, C. Jenkins

III. Approval of Minutes

�April 14th, 2011- Minutes were approved by acclamation

IV. Announcements/Reports

1. Goals and Process for Today’s Events — Andrew Brokman, Student Assembly

A. Brokman gave a brief introduction of how today’s meeting will be run and introduced the panel members.

2. Past Protests and the Value of Rhetoric — Paul Sawyer, George Reed Professor of Writing and Rhetoric

P. Sawyer gave some background information on historical protests that moved administration to change policy. He talked about the protests against the apartheid in South Africa and Cornell students’ struggles to save Shantytown, which was set up as a part of the symbolic expression to persuade the trustees to enforce divestment against companies doing business with South Africa.

3. The Nature of a Student Bill of Rights at a Private University — Kevin Clermont, Professor of Law

K. Clermont said the Student Bill of Rights will be creating an agreement between the students and the university that provide rights to students that don’t otherwise exist.

M. Danzer asked about differences between the rights of the students vs. the faculty or staff. K. Clermont said their rights may vary due to their different relationships to the university.

J. Kay asked what kind of leverage would this document provide to the students if their rights are breached? A. Brokman said it is mainly for education purposes and can be included for orientation, but might not be able to be used in front of the JA yet. K. Clermont added that some of its aspects can be incorporated into the Campus Code of Conduct.

R. Mensah asked if the non-discrimination clause in Article 9 would apply to independent student organizations. A. Brokman said it should apply to any organization already abiding by the campus code.

4. The Rights of Students at a University — Lee Adler, Professor of Labor and Employment Law

L. Adler said such a document can be very useful in disputes concerning students. Private universities typically give fewer rights to students. A contract needs to be set up involving both the students and the university, especially regarding communication / media issues and freedoms of behaviors inside the classroom. He talked about the case involving Hofstra University, where NY State mandated that more student rights be implemented.

A. Bajaj asked if Cornell abides by the ruling made regarding Hofstra. L. Adler said if a judge in this part of NY State decides that Cornell should follow the same ruling, then Cornell will have to.

5. Free Speech and Due Process — Risa Lieberwitz, Professor of Labor and Employment Law

R. Lieberwitz said this Bill should make a claim of rights for students. In addition to making a contract with the university, the students should make negotiations with the university as well. She outlined the differences between negative rights and positive rights and emphasized that while it is important to pay attention to the negative rights, the positive rights also deserve a lot of consideration and mention.

6. Academic Freedom — Eric Cheyfitz, Professor of American Studies and Humane Letters

E. Cheyfitz said that tenure is what protects academic freedom, and tenure has been eroded across America. He also emphasized the importance to encourage controversy in the classroom because learning occurs with intellectual conflict.

7. The Right to Privacy and Private Records — Lance Compa, Professor of Labor and Employment Law

L. Compa said the articles regarding privacy are narrowly drawn up. Terms will need more precise definitions and the effects need to be more closely defined as well.

8. The Administrative Perspective of Privacy — Kent Hubbell, Dean of Students

K. Hubbell said students have a lot of power when it comes to privacy, and with power comes responsibility. Regarding the release of academic records, Cornell has even stricter policy than mandated by FERPA. Some of tragic deaths in the past could have prevented if families knew about the students’ academic record. We are looking to loosen Cornell’s policy to suit the best interests of the students.

9. Rights in the Classroom — William Fry, Dean of Faculty

W. Fry said the number of tenured faculty has been increasing at Cornell and not following the declining national trend.

10. The Judicial Perspective — Scott Grantz, Associate Judicial Administrator

S. Grantz said the Campus Code of Conduct outlines a lot of rights for students and is not just a collection of rules the students have to follow. The Bill of Rights should complement the Code of Conduct.

V. Business of the Day

1. Resolution 79 — Calling for a Student Bill of Rights to be Promulgated

Discussion and voting of the resolution was postponed.

VI. Adjournment

The meeting was adjourned at 6:23.