R 5 Resolution to Amend Campus Code of Conduct to Prohibit Swimming in Gorges

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 Part II, Chapter 250, Section 250–3 of the City of Ithaca Municipal Code prohibits swimming or bathing in any city waters except those waters designated as such: and

Whereas there are no waters traversing the Cornell University campus designated by the City of Ithaca as swimming or bathing waters; 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 Title Three, Article 2, Section A.3 of the Code be amended as follows with insertions indicated in bold and deletions in strikethrough:

3. It shall also be a violation of this Title:
a.To engage in disorderly conduct. Disorderly conduct means intentionally causing, or recklessly creating a risk of, disruption to the University community or local community, including by such acts as (1) violent, tumultuous, or threatening behavior, (2) unreasonably loud or belligerent behavior, or (3) obstruction of vehicular or pedestrian traffic.

b. To possess any alcoholic beverage by a person under 21 years of age with the intent to consume such beverage, except if that beverage was given to that person (1) by that person’s parent or guardian or (2) as part of an official University course for which the person is registered and in which tasting or imbibing alcoholic beverages is required for instructional purposes.

c. To traffic, for profit or otherwise, in goods or services in a manner incompatible with the interests of the University community or local community.

d. To unlawfully manufacture, distribute, dispense, possess, use, or sell controlled substances as defined by state or federal law.

e. To defraud, including by such acts as failure to redeem a bad check.

f. To publicly urinate or defecate.

g. To destroy evidence or otherwise obstruct the application of this Code.

h. To assist another person to violate this Title.

i. To incite another person toward a likely and imminent violation of this Title.

j. To attempt to violate this Title. k. To enter any waters of Fall Creek, Cascadilla Creek, or Beebe Lake that are on or traverse the campus (within the City of Ithaca) for the purpose of swimming and/or bathing, except in those waters officially designated as swimming or bathing waters.

Respectfully submitted,

Kade Laden
University Assembly Liaison to Codes and Judicial Committee