Minutes
University Assembly
Wednesday, December 1, 1999
Art Gallery, Willard Straight Hall
4:30–6:00 PM

I. Call to Order

D. Carlson called the meeting to order at 4:39 PM.

Attendance:

Present: Uzo Asonye, Matthew Banner, Dennis Carlson, Josh Halpern, Katie Mayo, Caroline Salas-Humara, Gary Brandt, Linda Clougherty, Dawn Darby, Brian Goodell, Donald Barr, Peter Kaskan, Alan Mathios, Subrata Mukherjee, Jeremy Rabkin, Peter Schwartz, Cristen Gardner, Kristen Riley

Absent: Mike Kalogiannis, Andy Vail

Excused: Rong Fan

II. Additions to the Agenda

J. Halpern requested that the Holiday Observances Resolution be moved to New Business.

III. Report from Chair

Assemblies Leadership Breakfast Meeting, November 16, 1999

D. Carlson reported that the Leadership meeting was useful and insightful. Some topics of discussion included: getting the assemblies to work together as a group; the Campus Climate Committee’s Statement on Diversity and Inclusion; and the Shadowing project that the Student and Employee Assemblies are considering.

Judicial Administrator’s Annual Report

The Judicial Administrator’s Annual Report was handed out and D. Carlson urged the members to look through it and be aware of the UA’s involvement.

D. Carlson announced that this meeting is the last one he would be chairing. He is stepping down as Chair to begin employment with American Express.

IV. Approval of Minutes

B. Goodell made a motion to approve the minutes. K. Mayo seconded the motion. The minutes of October 27, 1999 were approved by acclamation.

V. Open Forum

L. Clougherty asked that the minutes be distributed a few days before the meeting.

G. Brandt extended thanks to D. Carlson from the entire UA for the hard work he has done as Chair.

VI. Constituent Assembly Reports

Faculty Senate

J. Rabkin reported that the Faculty Senate has been discussing note-taking services. These services do not always contact the professors before making their notes available. The Senate has a resolution that says that notes given in class are for the students only and should not be sold or put on a website without the professor’s consent.

S. Mukherjee pointed out that a major concern over these note-taking services is mis-representation of what a professor actually says.

J. Rabkin also reported that the Faculty Senate has not voted on the CCC Statement on Diversity and Inclusion. It will be on the December agenda for consideration.

Employee Assembly

B. Goodell reported that the EA unanimously endorsed the CCC Statement on Diversity and Inclusion. He reported that there was discussion about the Opperman/Rogers Luncheon that will be held soon. If any person has an issue they think should be discussed, they can e-mail it to an EA member.

Graduate & Professional Student Assembly

D. Carlson reported that the GPSA spent their last meeting discussing the Student Activity Fee. The Assembly also elected a new Vice President, Patrick Carr.

The GPSA will vote on the CCC Statement on Diversity and Inclusion at their next meeting in January.

Student Assembly

K. Mayo reported that the SA had been working on setting the Student Activity Fee. A new SAFC Executive Board has been appointed. The SA will be discussing the Dean of Student’s Program Document at their next meeting.

K. Mayo also reported that the SA has not discussed or voted on the revised CCC Statement on Diversity and Inclusion.

VII. University Assembly Committee Reports

Codes & Judicial

C. Salas-Humara reported on the latest issues discussed by the committee. The University Council presented two issues to the committee. The first one is the requirement in the Code that Cornell’s proceedings wait until criminal proceedings are complete. The second issue is the Campus Code misnomer, which concerns faculty and staff being removed from the Code’s jurisdiction.

C. Salas-Humara asked the UA members for their opinions regarding the second issue.

B. Goodell remarked that this Code does not have jurisdiction over Union employees, so it doesn’t follow to include them in it.

J. Rabkin pointed out that the Code is for incidents that happen outside the departments and the scope of one’s employment. It sets a standard that everyone must follow at school events.

CURW

J. Halpern reported that the committee is working on the same programs as they have in the past. He also remarked that they are particularly interested in the CCC Statement on Diversity and Inclusion and any action concerning Religious Holiday Observances.

Minority and Third World Affairs

K. Mayo reported that the committee has been working on changing their name to Minority Affairs. Greg Robinson has been elected chair. The committee is trying to get a sense of what kind of issues the campus wants the committee to address. They will be having an open forum during the third week in April.

Transportation Advisory Committee

B. Goodell announced that there would be a TAC meeting on December 13, 1999 with Cornell’s TCAT representatives. At this meeting, they plan to discuss the merger and address any questions concerning it. If anyone is interested in attending, they can notify Cristen Gardner. If anyone has questions they would like addressed they can be e-mailed to Jayne Worden, at jaw8.

VIII. Business of the Day

Campus Climate Committee Statement on Diversity & Inclusion

It was pointed out that the statement under consideration is the final draft, so no amendments will be taken. D. Darby mentioned that grammatical changes would be accepted. She explained the changes that have been made to the statement. The revised statement reads:

Open Doors, Open Hearts, and Open Minds:
Cornell’s Statement on Diversity and Inclusiveness

OPEN DOORS

“I would found an institution where any person can find instruction in any study.” This statement, made by Ezra Cornell in 1865, proclaims Cornell University’s enduring commitment to inclusion and opportunity which is rooted in the shared democratic values envisioned by its founders. We honor this legacy of diversity and inclusion and welcome all individuals, including those from groups that have been historically marginalized and previously excluded from equal access to opportunity.

OPEN HEARTS

Cornell’s mission is to foster personal discovery and growth, nurture scholar-ship and creativity across a broad range of common knowledge and affirm the value to individuals and society of the cultivation of the human mind and spirit. Our legacy is reflected in the diverse composition of our community, the breadth of our curriculum, the strength of our public service, and the depth of our commitment to freedom, equity and reason. Each member of the Cornell community has a responsibility to honor this legacy and to support a more diverse and inclusive campus in which to work, study, teach, research and serve.

OPEN MINDS

‘ ’Free expression is essential to this mission, and provocative ideas lawfully presented are an expected result. An enlightened academic community, however, connects freedom with responsibility. Cornell stands for civil discourse, reasoned thought, sustained discussion and constructive engagement without degrading, abusing, harassing, or silencing others. Cornell is committed to act responsibly and forthrightly to maintain an environment that opens doors, opens hearts and opens minds.′

nb: Cornell University’s policies on Equality of Educational and Employment Opportunity and the Campus Code of Conduct outline expectations and processes regarding matters of affirmative action and diversity.

J. Rabkin expressed the opinion that the last paragraph was little improved by the revision. He asserted that the meaning remains unclear. He questioned whether the purpose was to stop people from behaving uncivilly or to stop people who try to prevent others from being uncivil.

J. Rabkin also expressed dissatisfaction with the idea presented in the sentence “Each member of the Cornell community has a responsibility to honor this legacy and to support a more diverse and inclusive campus in which to work, study, teach, research, and serve.” He felt it required all members of the Cornell community to support the University’s affirmative action policy.

D. Darby explained that the statement does not require support from everyone. The Campus Climate Committee developed this statement to assert that the University would not support any action that would degrade or harass another person.

B. Goodell remarked that the support of the statement indicates that a person will not stand in the way of inclusion and diversification on campus.

J. Halpern commented that the addition of the nb: was detrimental to the statement. He observed that including the words “affirmative action” was harmful because that philosophy is not the force of the statement.

D. Darby explained that the nota bene (nb) was included to separate this statement from a statement of policy.

J. Halpern said that he believed that this nb: tainted the actual purpose of the statement and narrowed usage to matters of affirmative action.

David Mahon pointed out that the nb: was not actually part of the statement. It was included to separate the CCC statement from Cornell’s policy.

D. Carlson explained that the UA would not be voting to endorse the nb:, but just the statement itself.

S. Mukherjee commented that he supported the statement, but not the nb:. He added that the statement could be a little stronger.

P. Schwartz said that the nb: is not part of the statement, but he is not sure whether the statement will be published with it. He also pointed out that the nb: was added to clarify that this is a statement of sentiment, not policy. The nb: explains where to find the University approved policies.

D. Barr remarked that he did not support the statement. He questioned the value of the statement. The idea for the statement originated with the harassment incidents that occurred last fall, but this statement does not address them. He observed that open mindedness required the recognition that a problem exists and he doesn’t feel this statement does that. He also explained that open mindedness requires conflict and disagreement and this discourse might not be civil. He felt they shouldn’t try to avoid conflict, because learning isn’t always easy.

M. Banner stated that he stood by his comments from the last meeting, which expressed the desire to have a more concise statement. He also has issues with the statement because it does not address the harassment issues. He feels that this statement is ineffective because it introduces additional issues. He remarked that while he does support diversity and inclusiveness, he couldn’t support a document that allows interference from other issues.

D. Mahon responded that the purpose of this statement was not to address specific issues, but to encourage dialogue and discussion.

U. Asonye urged everyone to take a step back and view the statement as a whole before voting. He felt that arguments about specific words should not be why the Assembly does not pass the statement. He remarked that if the UA did not approve the statement, it would send a harmful message to past, present, and future Cornellians.

A. Mathios said that this statement would make it harder for the University to do away with need-blind admission. This statement creates accountability for the University to honor equal opportunity.

C. Gardner explained that those who developed this statement worked to find words that people would remember from a longer document. These words are “Open doors, Open hearts, and Open minds.” She also pointed out that Ezra Cornell’s short statement we all know was taken out of a longer document. She also explained that specific incidents were not addressed because the committee wanted an enduring statement: each Assembly passed their own statements concerning the specific incidents last fall.

G. Brandt asked if the statement must be voted on immediately. D. Carlson pointed out that there would not be another meeting until January and delaying the vote would not be wise.

A motion was made and passed to call the question. (10–4)

IX. Old Business

Endorsement of Campus Climate Committee Statement on Diversity & Inclusion

D. Carlson clarified that the UA would vote on the statement without the nb:. J. Rabkin objected, as they had not been informed as to whether the statement would be published with or without it. C. Gardner suggested voting on the statement twice - once with and once without the nb:. J. Rabkin objected to voting on the statement without the nb:, because the question was called to vote on the document as it stands, which would include the nota bene.

D. Carlson announced that the statement would be voted on with the nb:.

A motion was made and passed to vote by role. (13–1)

The voting occurred as follows: Uzo Asonye, yes; Matthew Banner, no; Josh Halpern, yes; Peter Kaskan, no; Katie Mayo, yes; Caroline Salas-Humara, no; Gary Brandt, yes; Linda Clougherty, yes; Dawn Darby, yes; Brian Goodell, yes; Donald Bar, no; Alan Mathios, yes; Subrata Mukherjee, yes; Jeremy Rabkin, no; Peter Schwartz, yes.

The CCC Statement on Diversity and Inclusion was endorsed as presented by a vote of 10–5.

X. New Business

Holiday Observances Resolution-Josh Halpern

J. Halpern presented the Holiday Observances Resolution:

“Unlike previous bills on this subject, I am not naive in thinking that changes can be made to the University calendar to give students off for religious holidays, nor am I naive in thinking that I can change the attitudes and practices of the professors of this University. All I know is, that as a Policy Analysis major, and in analyzing the policy that the University currently has, I realized that the policy regarding religious observances is extremely ambiguous. This bill is designed to better clarify existing policies, and further enhance the rights of both the students and the faculty. Is this bill the best means of achieving that? Maybe. Does this bill help towards achieving this goal? Yes. I understand that from a Professor’s standpoint, elements of this bill may seem burdensome and gratuitous. However, this bill is designed to protect the professor. I am certain that ninety-nine percent of the Professors at Cornell would already accommodate a student’s religious beliefs. However, that one percent is a liability to their departments, schools, the faculty as a whole, and the University. All you need is for one lawsuit to arise as a result of the ambiguity of current policy, and the University will receive bad public relations while the Professor, his department, his college, and Cornell can all suffer monetary losses. We must protect ourselves from that one percent. Although only five to ten cases are reported each year, many more cases are not reported, either out of fear, or out of a lack of knowledge concerning where to go. My religious rights have personally been curtailed twice. Neither time was the case reported. I am perfectly open toward amendments that would further enhance this bill, and I will now open myself for comments and questions.”

J. Rabkin remarked that some aspects of the bill are factually incorrect and asked that it be correct in how it describes the law.

J. Rabkin asked for clarification on “Let it Also Be Resolved: That Professors must make all lecture notes and course materials available to the student through a means decided by the Professor, that will be included in the Course Syllabus.” He objected to making lecture notes available, as he does not make his lecture notes available to any others. He asked if it actually meant to make materials available that were available to the students who were in class. J. Halpern confirmed that this was his intention.

J. Rabkin also commented on “Let it Also Be Resolved: That a Professor must include a disclaimer in the Course Syllabus that discusses where the student can go if he feels he is being discriminated against.” He explained that if they addressed this on the syllabus, then they would also have to address any other possible complaints as well.

P. Schwartz mentioned that some of the “Whereas” portions of the resolution were unnecessary. He also expressed serious reservations about the “Let it Also Be Resolved,” concerning lecture notes. He said that he accepted giving a twenty-four hour grace period, but he had problems with giving a student thirty-six hours after a holiday to make up an exam. J. Halpern explained that the wording was ambiguous, but the thirty-six hour time period included the twenty-four hours grace period. He said he could reword the resolution to clarify that point.

U. Asonye remarked that he understands J. Halpern’s intention with the lecture notes portion of the resolution. He pointed out that it takes a great deal of effort to find another student who takes notes detailed enough to help a person who didn’t attend the lecture. He suggested because this should be an excused absence, the professor could designate someone to take the notes, so a student has someone to get them from.

G. Brandt asked how this resolution would define a religious holiday. J. Halpern explained that in this resolution it requires a student to notify the Professor of the holiday within two weeks of the beginning of the semester.

J. Halpern expressed the desire to work with the Professors of the UA to make this resolution work. D. Barr offered his assistance.

Transportation Resolution-Uzo Asonve

Postponed.

XI. Adjournment

D. Carlson adjourned the meeting at 6:01 PM.