Minutes
University Assembly
October 31, 2001
Art Gallery, WSH
4:30 — 6:00 PM

I. Greetings and Call to Order

D. Tobias, Chair, called the meeting to order at 4:45 p.m.

Attendance:

Present: Carol Bader, Scott Beemer, J.S. Butler, Mark Greenbaum, Tyrell Haberkorn, Karsten Hueffer, Dawne Martyniak, Alan Mathios, Kristie McNamara, Tom Mendez, Aaron Saathoff, Michael Sellman, Adam Schleifer, Donald Tobias

Excused: Peggy McKee

Absent: Dawn Darby, Pamela Hampton, Jane Mt. Pleasant

Also Present: H. Mandeville, K. Nobles, K. Riley, K. Rourke, L. Faulkson, D. Delchamps, B. Krausse

II. Reports

There were no reports.

III. Additions to the Agenda

Proposed Amendments to the Campus Code of Conduct

Linda Faulkson spoke about the proposed amendments to the Campus Code of Conduct. The first proposed amendment involves adding a section specifically dealing with hazing. Currently, this type of offense needs to be charged under harassment. The Task Force on Hazing suggested the definition in the proposal, and the Codes and Judicial Committee modified it further, to increase clarity.

J.S. Butler asked for specific examples as to what kind of activities would be legal, given this definition. L. Faulkson suggested a type of ropes course or ceremony.

M. Greenbaum asked if there were specific events that prompted this change. L. Faulkson explained this is a proactive measure, so students will feel they can come forward.

K. Hueffer asked if hazing is a problem at Cornell. L. Faulkson explained that the problem is that the JA does not know the extent to which these activities occur. They want to create an atmosphere where unacceptable activities are not tolerated.

A. Schleifer commented that the language is a problem, because it is too expansive and could be applied to incidents that might not actually be considered hazing. He also commented on the use of ‘mental distress,’ as some activities that cause mental distress are not destructive, but instead intended to be constructive.

David Delchamps, from the Task Force on Hazing, commented that using the word ‘reasonably’ allows the individuals examining the case to use their judgement to decide whether someone was harmed.

M. Sellman commented that this clause appears to be targeting those who do not wish to join the group that is initiating these activities. A person joining the group would expect to be involved in the activities.

Barbara Krausse, from the Council’s Office, explained that the issues brought up by UA members were also raised in committee during the discussion of the definition. She pointed out, though, that most cases of hazing are mental, rather than physical, distress. Removing ‘mental distress’ would disqualify the vast majority of cases.

K. Hueffer suggested using ‘excessive mental distress’ to eliminate activities that cause mental distress but might not be considered hazing.

A. Schleifer remarked that ‘excessive mental distress’ holds the same problems - what can be interpreted as excessive? He stated that adding ‘excessive’ would not clarify the definition.

J.S. Butler questioned what would be considered mental distress.

D. Delchamps remarked that it is difficult to have a concrete definition, as different people are affected by different things.

A. Schleifer commented that the goal is to be as clear as possible, but this amendment is vague. The amendment is not referring to something that causes a ‘reasonable’ amount of distress, but instead to an activity that could ‘reasonably’ cause distress.

M. Sellman asked whether the Board has been unable to judge an activity as hazing in the past because it did not have a clear idea about what level of mental distress constitutes hazing.

L. Faulkson explained that there is currently no definition of hazing in the code, so all hazing incidents are charged under harassment, which is more physical in nature.

K. Hueffer pointed out that there might be a problem in the interpretation of the amendment. It is not saying that there needs to be a reasonable amount of mental distress, but that the action has the possibility of reasonably causing distress. He made a motion to amend the proposal to read: “or could reasonably cause excessive mental distress.” The amendment passed with a vote of 9 for, 4 against.

Kathleen Rourke, of the Codes and Judicial Committee, requested that the UA send the amendment back to the CJC for their review. The motion was made and seconded to send it to the CJC. The amendment passed with a vote of 11 for, 2 against.

L. Faulkson explained the second amendment proposed to the UA for approval. It follows up on an amendment the UA passed previously, and on which the President asked for additional changes. This amendment reflects the President’s change. The motion was made and seconded to approve the amendment. The amendment passed unanimously.

Hearing and Review Board Appointments

H. Mandeville explained that the Dean of Faculty has chosen five faculty members to serve on the University Hearing Board and is recommending them to the UA. A motion was made and seconded to approve the appointments to the University Hearing Board. The motion passed unanimously.

IV. Approval of Minutes

A motion was made and seconded to approve the minutes of September 26, 2001. The minutes of September 26, 2001 were approved as presented.

V. Business of the Day

Discussion of Article 2.2 of the UA Charter

D. Tobias explained that Article 2.2 of the UA charter dictates that no person can serve on both the UA and one of it’s standing committees. He remarked that they should not deny a person’s involvement if they are interested.

H. Mandeville suggested suspending the article for a year to observe any results, and remove it permanently if it works out.

K. Hueffer asked what the reason is for Article 2.2. D. Tobias suggested it might be to encourage broad representation.

It was suggested that the Committee on Committees do research to determine the origin of the amendment and work on its language.

Discussion of UA Meeting Format

D. Tobias announced that the Executive Committee asks that UA members take advantage of material received over email, and come to meetings prepared, having already read the material for the meeting. They encourage UA members to email concerns before the meeting, to keep discussions moving quickly.

Proposal for UA Committee Reports

H. Mandeville presented a report format that would allow committee liaisons to report committee status to the Office of Assemblies.

D. Tobias explained that this is a simplifying process, and it is not meant to be formal or overly involved. They just ask that the liaisons briefly describe committee events, in case there are any issues that should be addressed by the UA.

VI. New Business

Clarification of 11/17/93 Resolution on Displays of Religious Symbols

Will be discussed in a subsequent meeting.

VII. Constituent Assemblies Reports

Employee Assembly

D. Martyniak reported that the EA is currently reviewing the changing employee health plan.

Faculty Senate

J.S. Butler reported that President spoke to the faculty and explained that, though funding is fine for this year, after this year there might be problems. This is a result of a possible decrease in funding from the state of New York, who will be funding the rebuilding of the World Trade Center area.

Graduate and Professional Student Assembly

K. Hueffer reported that the GPSA is currently working on graduate students’ activity fee.

Student Assembly

S. Beemer reported that the SA is currently setting the student activity fee.

VIII. University Assembly Committee Reports

Assemblies System Review

No Report.

Campus Planning

K. Hueffer reported that there was discussion about a location for the new Life Sciences building. One location mentioned was the field next to Biotech.

Campus Store

K. McNamara reported that their first meeting was the previous day, but she was not able to attend.

Codes and Judicial Committee

No report.

Committee on Committees

D. Tobias commented that he will bring the discussion about Article 2.2 of the charter to the committee.

CURW

No report.

Financial Aid Review

No report.

Health Services

M. Sellman reported that the committee met briefly to discuss the anthrax threat.

Minority Affairs

T. Mendez reported that the committee met the previous week, but has not yet chosen a chair.

Transportation Advisory

C. Bader reported that the committee met to discuss the West Campus construction and how it will affect parking.

IX. Adjournment

D. Tobias adjourned the meeting at 6:05 p.m.

Respectfully submitted,
Kristen Riley