August 26, 2024
Dear Cornellians,
Our campuses are home to tens of thousands of people with diverse lived experiences, strong convictions, and differing viewpoints. This diversity is a source of our strength but also brings with it a shared responsibility to listen to and learn from one another. As we begin the fall semester, we are writing to share with you some of the specific planning and procedures in place to ensure that all Cornellians are able to have a rewarding and productive semester, as well as the principles that have guided these plans.
Over the course of the year ahead, our campuses, like those of so many other universities, may become a focal point for protests. If this occurs, our response will be guided by two foundational principles. The first is Cornell’s long held and deep commitment to supporting free expression and reasoned civil discourse, to being a place where members of our community can make their views manifest without fear of intimidation or suppression. Second is the recognition that while this right is foundational, it is not unlimited. The expressive activities of individuals necessarily unfold within the context of our broader university community, and as such they are bounded by the need to protect the core functions of the university and the reciprocal rights of others.
Our aim in seeking to balance these two foundational principles is not to punish individuals or to suppress the views being promoted, but to protect the rights of all in our community. Providing a learning environment free of unlawful harassment and discrimination is essential to our educational mission and a clear requirement of federal law. Thus it is our responsibility and our obligation to enforce our policies ensuring that speech or actions by some members of our community does not violate the rights of others. In balancing these principles, administrative actions must be consistent and content neutral. In furtherance of institutional neutrality and deference to the many and diverse views in the Cornell community, the President and Provost will refrain from opining on national or global events that do not directly impact the university.
Now, to specifics. A notable feature of campus expressive activity last spring was an encampment on the Ithaca campus Arts Quad. This fall, as always, many events are scheduled on the Arts Quad, including new student orientations and college receptions, concerts, outdoor movies, the McGraw Hall groundbreaking, and ClubFest. While we recognize that students, faculty, and staff seek visible and prominent areas in which to demonstrate, we also recognize the rights of everyone in our community to reserve and utilize these iconic university spaces. To protect this right, groups planning overnight activity in campus spaces are required to utilize the registration process for outdoor camping, consistent with the Interim Expressive Activity Policy. An unapproved encampment of indeterminate duration would displace scheduled events and deprive others in our community of access to common spaces. While some might argue the greater value of certain protest activity over other activities, the university should not and will not privilege some events over others based on the content or purpose of the activity.
Where possible, the university will seek to afford access to prominent campus locations for registered encampments, minimizing the likelihood of disrupting other events. As an example, the lawn area between Sage Chapel and Day Hall, which is directly below the President’s office, served as the site of the 1985 anti-Apartheid encampment. The university, through the registration process, will work with individuals and groups to identify and reserve such spaces.
The university will respond to peaceful encampments that do not comply with these principles with progressive, interim measures aimed at ending the activity without resorting to force. Below we outline the interim measures that will be taken while underlying Code violations are resolved, consistent with the Student Code of Conduct, so that members of our community can make informed decisions about how to express their views:
- With the first violation, students will receive a timely warning that they have violated university policy and will be informed of the steps that will follow with subsequent violations.
- Students violating university policy a second time will be placed on a non-academic temporary suspension. They may attend class and utilize certain resources (e.g., housing, dining, health care), but may not participate in campus activities.
- A third violation will trigger a temporary academic suspension while their case proceeds in the Office of Student Conduct and Community Standards. The underlying violations will be addressed pursuant to the Student Code of Conduct.
Faculty and staff who engage in these activities will be referred to their college, school, or administrative unit leadership for warning, review, and potential sanctions.
To be clear, the above describes our response to peaceful protests that do not comply with our time, place, and manner regulations. However, acts of violence, extended occupation of buildings, or destruction of property (including graffiti), will not be tolerated and will be subject to immediate public safety response. We will enforce these policies consistently, for every group or activity, on any issue or subject.
As long time Cornellians who have witnessed numerous periods of campus unrest, we understand the importance of faculty, staff, and students expressing themselves on topics of great significance. We urge all members of the community to express their views in a manner that respects the rights of others. One voice may never stifle another. There is a time, place, and manner for all to speak and all to be heard.
Sincerely,
Michael I. Kotlikoff
Interim President
John Siliciano
Interim Provost
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