Student Assembly

WHEREAS, The rights of free expression and assembly are fundamental human rights; and

WHEREAS, These rights are especially relevant to a University community; and

WHEREAS, The explicit application of these rights to the Cornell community serves the interest of justice; and

WHEREAS, No such statement for the entire Cornell community has been promulgated; and

WHEREAS, The Cornell University Board of Trustees called upon this Body’s predecessor, the Cornell University Senate, to draft a Statement of Community Rights (see Cornell University Senate Charter, Article I, Section 8); and

WHEREAS, The Cornell Student Assembly held a Convention on April 21st 2011 to draft a Student Bill of Rights; now, therefore, be it

RESOLVED, That the Cornell University Student Assembly calls on the Office of the Dean of Students to distribute the attached “Statement of Student Rights and Responsibilities” to all incoming students as part of their orientation programming.

RESOLVED, That the Cornell University Student Assembly calls on the Office of the Dean of Students to post this “Statement of Student Rights and Responsibilities” on the University’s website.

RESOLVED, That this “Statement of Student Rights and Responsibilities” be sent to the University Assembly, Graduate and Professional Student Assembly, and the University President for approval and ratification.

Respectfully submitted,

Andrew Brokman ‘11
Student Assembly At-Large Representative

At Cornell University, life outside the classroom is an integral part of the educational process. The exercise of responsibility plays a vital role in the development of the student as both an individual and as a citizen. The student’s awareness of the extent of his or her rights and responsibilities is necessary to the exercise of responsibility within the University community. To further these objectives and in recognition of students as members of the Cornell University community, the University has adopted the following statement of principles. The Statement is an articulation of the University’s commitment to recognize and support the rights of its students and to provide a guide for defining behaviors the University considers inappropriate, both of which must be in accordance with University policy. It is not, however, meant to be an exhaustive list of all rights supported by the University or all actions which may be considered misconduct. The Statement is intended to incorporate specific University policies by reference. These policies include: University Policy 4.5: Access to Student Information, University Policy 6.4: Prohibited Discrimination, Protected Status, Harassment and Bias Activity, as well as the Campus Code of Conduct (available in their entirety at http://www.dfa.cornell.edu/dfa/ treasurer/policyoffice/policies/atoz.cfm).

This Statement has been formulated in a spirit of cooperation and community by representatives of students, faculty, and administration. It is a living document and thus is subject to change through participation of representatives of the same groups who participated in the original formulation.

Article I: Speech, Assembly, and Protest

Students shall be free and encouraged to express opinions publically and privately, and to support causes by assembly and petition. Students may use the facilities of the University to assemble and to hear any person of their own choosing. Students shall be free to protest peacefully anywhere on Cornell’s campus. Students, in turn, have the responsibility to respect the rights of all members of the University to exercise these freedoms and to act in a manner that does not disrupt the functions of the University, threaten the health or safety of any person, or violate the Campus Code of Conduct. (See Campus Code of Conduct: Title One, Article I)

Article II: Publication

Students shall be free and encouraged to publish and communicate their opinions. Students may not be penalized for conveying written, oral, or electronic material on campus without prior approval. Student publications may not be penalized for their editorial policy or content. Students have the responsibility to be governed by the canons of responsible journalism and existing laws governing communication and electronic media. Students are also expected to act in a manner that does not interfere with the rights of others or disrupt the regular and essential operation of the institution.

Article III: Participation

Students shall be free and encouraged to establish representative governmental bodies and to participate in University governance in accordance with the rules and regulations of the University. Students who accept representative roles in the governance of the University have the obligation to participate responsibly.

Article IV: Privacy

Students have the right of privacy and to be free from unreasonable searches or unlawful arrest on University property and within their campus residences. Students have the responsibility to respect the privacy of other members of the University community in their person and in their place of residence.

Article V: Private Records

Students have the right to access and control access to their education records as provided in the federal Family Educational Rights and Privacy Act of 1974. These include the rights to review and challenge the content of educational records, to control disclosure of personal and academic information to third parties, and to limit the routine disclosure of all or some information defined as “directory information” by the act. (See Cornell University Policy 4.5: Access to Student Information, Procedures, Releasing Educational Records).

Article VI: Academic Freedom

Students have the right to accurate and plainly stated information relating to maintenance of acceptable academic standing, graduation requirements, and individual course objectives and requirements. Students can expect instruction from designated instructors at appointed class times and reasonable access to those instructors. Students have the responsibility to attend class and know their appropriate academic requirements.

Students shall be free and encouraged to express differences of opinion or to disagree with data or views offered in any course. However, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled. Students are protected, through orderly procedures, against prejudice or capricious evaluation. Students have the responsibility to respect the academic freedom of faculty and their rights and responsibilities to determine the curriculum and evaluate academic performance.

Article VII: Due Process

Students have the right to fundamental fairness before formal disciplinary sanctions are imposed by the University for violations of the Campus Code of Conduct-as provided in the published procedures of the Campus Judicial System or other official University publications. Students have the right to written notice and the opportunity for a hearing before any change in status is incurred for disciplinary reasons unless a significant threat to persons or property exists. (See Campus Code of Conduct: Title Three, Article III)

Article VIII: Information

Students shall not face sanctions that are not published and made available. The Cornell community shall be informed that such rules and regulations are available in the Campus Code of Conduct (available at http://www.dfa.cornell.edu/dfa/cms/treasurer/ policyoffice/policies/volumes/governance/upload/CCC.pdf). All members of the Cornell community have a duty to cooperate with University officials in the Code’s operation and enforcement.

Article IX: Religion and Association

Students have the right to exercise their religious convictions and associate with religious, political, or other organizations of their choice in University facilities, provided they do so in a manner that respects the rights of other members of the community and complies with the Campus Code of Conduct. Students have the responsibility to respect the rights of other members of the University community to free exercise of their religious convictions and to free association with organizations of their choice.

Article X: Discrimination and Harassment

Students have the right not to be discriminated against by an agent of Cornell University for reasons of age, ancestry or ethnicity, color, creed, disability, gender, gender identity or expression, immigration or citizenship status, marital status, national origin, race, religion, religious practice, sexual orientation, or veteran status. In their individual roles as members of student organizations, students have the responsibility not to discriminate against others. Students shall not be harassed by another individual for reasons of age, ancestry or ethnicity, color, creed, disability, gender, gender identity or expression, immigration or citizenship status, marital status, national origin, race, religion, religious practice, sexual orientation or veteran status. Students have the responsibility to treat others in a manner conducive to maintaining their worth and dignity. (See Cornell University Policy 6.4: Prohibited Discrimination, Protected Status (Including Sexual), Harassment and Bias Activity)

Article XI: Amendments

Amendments to this document shall become effective upon approval by the Student Assembly, the Graduate and Professional Student Assembly, the University Assembly, and the President of the University. Any amendment requires a majority of all members in each of the aforementioned Assemblies.

Article XII: Ratification

This document shall be distributed by the Dean of Students Office upon approval by the Student Assembly, the Graduate and Professional Student Assembly, the University Assembly, and the President of Cornell University.