UA Codes and Judicial Committee

MINUTES
Codes and Judicial Committee
April 20, 2012
3:00 p.m. - 5:00 p.m.
B12 Day Hall

P. Goldstein called the meeting to order at 3:10 p.m.

I. Call to Order

• Members present: J. Blair, K. Clermont, E. Cortens, P. Goldstein, P. Scelfo, K. Zoner
• Members absent: M. Campbell, W. Candell, C. Ferguson, J. Kelly, R. Weil
• Also present: Mary Beth Grant

II. Approval of last meeting’s Minutes

• Minutes approved by a vote of 5–0

III. Update on UHRB staffing - Phil Goldstein

• P. Goldstein: Interviews have been going really well (some people have emailed extended responses) and there is another group to be interviewed. Plans to send out a Doodle to decide when the interviewers will meet to select the nominees
• P. Scelfo: How many positions are available?
  • P. Goldstein: Unsure
• J. Blair: How are the members decided?
  • P. Goldstein: The process is not really defined, but once the members are decided, the UA has to bless the decision
  • K. Zoner: There is a ranking system if there is limited space, but normally there are more openings than applicants. Holes will not be filled for the sake of filling them
• M. B. Grant: Recommends that a list of hearing board nominees be sent to her so that she can check if any of them have been JA’d

IV. Swimming in Gorge Proposal - K. Zoner

• K. Zoner: There have been 3 deaths since the first proposal in 2009. The wording is the same, but the push has been to farther define ‘swimming.’ They do not plan to do so because it is up to people’s discretion to define ‘swimming.’ This proposal will give the police department more enforcement power, as they can currently only catch students for trespassing
• E. Cortens: Why specifically “within the City of Ithaca” (line 15)? Are people allowed to swim outside campus in the City of Ithaca?
  • K. Zoner: Yes — the City of Ithaca has no ordinance that mimics ths proposal
• K. Clermont: Motions to amend: in line 15, change ‘and/or’ to ‘or’
  • Proposal amended by a vote of 5–0.
• P. Goldstein said he would sponsor the proposal (to be UA Resolution 10)
• Proposal passed by a vote of 5–0

V. JOA Proposals - M. B. Grant / Phil Goldstein

• M. B. Grant: 1) the JCCs should have the backup of having someone present as emotional support
• M. B. Grant: 2) A situation akin to kidnapping comes up every once in a while, but it comes up often enough that there should be a way to deal with it
  • K. Zoner: Suggests ‘unlawful imprisonment’ instead of ‘kidnapping’
  • P. Goldstein: Suggests ‘kidnapping/unlawful imprisonment’ to be all-encompassing
  • M. B. Grant: Does not want the public to think that this resolution is coming about from a recent death in a fraternity — this has been in the works for over a year
    • E. Cortens: Suggests incorporating a clause along the lines of “Whereas this has been on the minds of Code-thinking individiuals” if this is really a concern
  • Motion to amend: in line 10, change ‘kidnapping’ to ‘unlawful imprisonment and kidnapping’
    • Proposal amended by a vote of 5–0.
  • Motion to amend: in line 20, adding ‘also’ after ‘The accused person shall’. Strike both occurrences of ‘advisor’ and replace with ‘supporter’
    • Proposal amended by a vote of 5–0.
• M. B. Grant: 3) The Code prohibits use of fake IDs but does not clearly cover cases where people borrow the cards of their older siblings. P. Goldstein suggested that another section be added — section 1 covers usage and section 3 covers possession. This makes it clear that it is illegal to be in possession of any ID that is not that of the possessor
  • E. Cortens: What about the case where he has his wife’s ID on him while he is driving?
    • K. Zoner: Can reasonably trust the judgment of officers not to pursue the case where the ID clearly does not match the person in possession of it
  • E. Cortens: Questions that there is no phrase similar to ‘intent to use’ in the proposal
    • K. Zoner: ‘Intent to use’ is very difficult to prove
  • Motion to amend: in line 37, change ‘possess’ to ‘unlawfully possess’
    • Proposal amended by a vote of 5–0.
• M. B. Grant: 4) Handling the case of entering University property without authorization. This situation comes up the most in fraternities.
• P. Scelfo and P. Goldstein said they would sponsor the proposal (UA Resolution 11)

VI. Clermont Proposal

• M. B. Grant: Asks to postpone the proposal until the next academic year so that she has time to study it. Asks that members email her with specific questions so that she can be prepared for the Fall.
• Motion to table the proposal until the Fall
  • Proposal tabled until Fall by a vote of 3–2.

P. Goldstein adjourned the meeting a 4:20pm.