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Resolution 11. Resolution Proposing Changes Recommended by the Office of the Judicial Administrator to the Campus Code of Conduct

WHEREAS the Campus Code of Conduct (the Code) provides for a personal adviser to the complainant, but not the accused person.

WHEREAS it serves the interests of all parties involved to allow the accused person to be accompanied a personal adviser for emotional support just as is allowed for the complainant.

WHEREAS unlawful imprisonment and kidnapping are serious criminal offenses not explicitly covered by the Code.

WHEREAS the Code prohibits use of fraudulent identification documents, but does not explicitly state that unlawful possession of an identification that is valid for another individual for the purpose of circumventing state minimum drinking age laws is prohibited.

WHEREAS the Code does not prohibit trespass on non-university property.

RESOLVED the following sentence be appended to Title Two, Article III, Section B

3. The accused person shall also have the right to be accompanied at every stage by a personal supporter of that person’s choice, but that supporter shall not be a witness and shall not participate in a hearing in the capacity of counsel.

RESOLVED the following paragraph be appended as subitem “l” to item “1” in Title Three, Article II, Section A:

1. l. To prevent a person from leaving a location (including part of the location, such as one part of a room) or to force a person to go to a location against his or her will. This is a violation whether accomplished through physical or psychological means.

RESOLVED that the paragraph labeled 2(d) in Title Three, Article II, Section A be amended as follows with deletions in strike-through and additions underlined:

2. d. To (1) forge, fraudulently alter, willfully falsify, or otherwise misuse University or non-University documents (including computerized or noncomputerized records, parking permits, dining cards, identification cards, other permits or cards, reserve books, or other property), or (2) possess such forged, altered, or falsified documents., or (3) unlawfully possess the identification of another person if that identification has a date of birth that would make the person legal to consume alcohol at a time the accused is not of a legal drinking age.

RESOLVED that the paragraph labeled 2(g) in Title Three, Article II, Section A be amended as follows with additions underlined:

2. g. To enter upon or make use of University or private property or facilities without authorization.

Respectfully submitted,

Philip A. Goldstein, ILR ‘12
Member, University Assembly and Chair, Codes and Judicial Committee

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Cornell University

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ph. (607) 255—3715

universityassembly@cornell.edu