As proposed Wednesday, 25 October 2006.

Whereas the University Assembly (UA) has legislative authority over the Campus Code of Conduct (the Code) defined in Article 1, Section 1 of its charter; and

Whereas the Codes and Judicial Committee (CJC) of the UA has recommended a revision of the Code described below;

Be it therefore resolved that the UA approves the revision of the Code enclosed herein and forwards it to the President for approval and implementation.

Respectfully submitted,

Ellis R. Loew for the CJC

(Code, pages 27–28)-CJC Changes from 3–15–06

Title Four: Judicial Structure and Procedure

I The University Hearing and University Review Boards

The University Hearing Board and University Review Board is a pool of 3645 members confirmed by the University Assembly: 12 15 students, 1215 faculty members, and 1215 non-faculty employees.

Faculty members are nominated by the dean of the university faculty. For other candidates, the Office of the Assemblies will solicit written applications and The Committee on Committees of the University Assembly, in consultation with t the Codes and Judicial Committee shall nominate candidates to the University Assembly for its confirmation no later than the last regular meeting of the outgoing University Assembly.

A. No person shall serve on the University Hearing Board or University Review Board who is at the same time a member of the University Assembly or its Codes and Judicial Committee or Committee on Committees, is an employee of the Office of the Assemblies. or a member of the University Review Board, except for the temporary appointment provision as defined in Title Four IV.B.1.c.

B. Members of the University Hearing Board and University Review Board pool shall serve terms of office as follows: 1. Twelve Fifteen students, 12 fifteen faculty members, and 12 fifteen employees shall be appointed for two-year staggered terms. 2. Terms of office shall begin with the first day of classes in the next academic year. SEMESTER THEY ARE APPROVED. Appointments to fill a vacancy become effective immediately.

C. The 3645 members of the University Hearing Board and University Review Board pool shall elect one administrative chair from among the pool.

II The University Review Board

The University Review Board shall consist of three voting members: one student, one faculty member nominated by the dean of university faculty, and one other employee. The Review Board shall also consist of three alternate members: one student, one faculty member nominated by the dean of university faculty, and one other employee. The president shall appoint a nonvoting senior member of the faculty, not a member of the university administration, to serve as chair. The members of the University Review Board shall be selected in the same manner as the members of the University Hearing Board.

No person shall serve on the University Review Board who is at the same time a member of the University Assembly or its Codes and Judicial Committee or Committee on Committees, an employee of the Assemblies, or a member of the University Hearing Board, except for the temporary appointment provision as defined in Title Four IV.B.1.c

Members of the University Review Board shall serve two-year terms of office, which shall begin with the first day of classes in the next academic year. THE SEMESTER THEY ARE APPROVED

If any board member vacates his or her position by resignation or departure from the Cornell community, prior to the expiration of his or her term, and his or her replacement has already been appointed, the replacement shall immediately assume office

The chair shall have the right to convene the University Review Board.

A. The Review Board may appoint an independent legal advisor who shall advise the board on all matters relating to the performance of its responsibilities hereunder, and who may be present at any time during hearings and, at the invitation of the board, during deliberations.

(Code, pages 34–35)−3–15–06 CJC Changes

IV. Hearing and Review Panels under Title Three (Regulations for the Maintenance of the Educational Environment)

University Hearing Panels for Title Three Cases

In cases involving a complaint against a student, a University Hearing Panel shall be composed of three students, one faculty member, and one employee, all drawn from the University Hearing and Review Board pool. [CJC voted approved as written]

In cases involving a complaint against a member of the faculty, a Hearing Panel shall be composed of three faculty members, one student, and one employee, all from the hearing and review board pool.

In cases involving a complaint against an employee, a Hearing Panel shall be composed of three employees, one student, and one faculty member, all from the hearing and review board pool.

The president shall name at least one faculty member, a senior member of the faculty and not a member of the university administration, to serve as the chair for each hearing panel and who shall have no vote.

Random selection of the Hearing Panels shall be made by the administrative chair of the hearing and review boards

The Administrative Chair shall have the right to convene a University Hearing panel.

e University Review Panels

A University Review Panel shall consist of three voting members: one student, one faculty member and one non-faculty employee, all drawn from the University Hearing and Review Board Pool.

The president shall name at lease one faculty member, a senior member of the faculty and not a member of the university administration, to serve as the chair for each review panel and who shall have no vote.

{- The University Review Board also shall consist of three alternatives: one student, one faculty member recommended by the dean of the university faculty, and one other employee. The alternate members of the University Review Board shall be selected in the same manner as the members of the University Hearing Board.

In the event that a University Review Board member disqualifies him or herself, is disqualified, or is otherwise unavailable for a particular case, the alternate University Review Board member from the same constituency as the absent member shall sit in his or her place for the particular hearing.

In cases identified in Title Four IV.B.1.b above, where the alternate University Review Board member either has not been appointed by the University Assembly or is otherwise unavailable, the Executive Committee of the University Assembly, on recommendation of the Codes and Judicial Committee of the University Hearing Board to sit in place of the absent Review Board member. This appointment shall be made by random selection. This appointment shall be only for a single case for which the Review Board member is absent. The University Hearing Board appointee shall be from the same constituency as that of the absent Review Board member and must not have sat on any panel that heard the case below. -}

4 (item 4 rewritten below for ease of reading) 3. University Hearing and University Review Panels shall all be selected from the same pool of University Hearing Board and University Review Board pool of 15 students, 15 faculty, and 15 non-faculty employees. No member of a University Review Panel can have sat on the Hearing Panel that heard the case being reviewed.

4 The Administrative chair of the Hearing and review Boards pool shall have the right to convene a University Review Panel.

55 A Review Panel may appoint an independent legal adviser to advise the board on all matters relating to the performance of its responsibilities hereunder, and to be present at any time during hearings and, at the invitation of the panel, during deliberations.