Hearing board changes stem from revised campus code

University Hearing Board (UHB) procedures for hearings regarding alleged violations of the Cornell University Campus Code of Conduct have been simplified, reorganized and updated to be easier to understand and implement and to reflect the substantial revisions made to the Campus Code of Conduct in 2008.

According to Judicial Administrator Mary Beth Grant, most of the procedural changes incorporated prior changes to the code, codified practices that had evolved over time or were clarifications to standardize the hearing process. For example, the new procedures specify that written petitions and written responses are now part of the routine hearing process for such types of hearings as review of a temporary suspension or return from an indefinite suspension; in the past, only the procedures for hearings on the merits, which include live presentation of facts and arguments, were delineated.

“The changes also clarified processes in hearings on the merits, such as how to submit exhibits to the panel, making it easier for students and advisers to know what is expected of them in the presentation of evidence,” Grant said.

One significant change is in the order of the proceedings: The accused person presents his or her closing argument last, responding to the judicial administrator’s closing argument, rather than the reverse, she said.

The roles of the UHB and the University Review Board (URB, or collectively UHRB) have not changed. The UHRB is composed of 40 students, faculty and staff members. For each case that goes to hearing, a UHB panel of five individuals from that pool of 40 is randomly selected by the board’s administrative chair, in the presence of a member of the judicial administrator’s office. The URB, responsible for reviewing cases in the event of an appeal, uses a panel of three individuals and is selected in the same manner.

The UHB procedures, last updated in 2002, were initially revised in draft form by the Office of the Judicial Administrator, in consultation with the Office of the Judicial Codes Counselor and chairs and past chairs of the UHB and URB. “This draft was then sent to all the UHRB members for careful review and discussion,” said Judicial Administrator Mary Beth Grant. “The administrative chair, David Katz, facilitated two meetings to elicit discussion and suggestions from UHRB members and chairs, made changes based on their feedback, and sent a final draft back to the UHRB, which passed it unanimously.”

The 2013 UHB procedures are posted on Cornell’s JA website and will go into effect in 30 calendar days, that is, on Dec. 14. In the interim period, community members can learn about them and ask clarifying questions.

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John Carberry