Annual Report Academic Year 2018 Think, Verify, Proceed
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Office of the Judicial Administrator 120 Day Hall Ithaca, NY 14853 Phone: 607-255-4680 Fax: 607-254-4464 Email: [email protected] Office of the Judicial Administrator: Annual Report Academic Year 2018 Think, Verify, Proceed Prepared by Michelle R. Horvath, Judicial Administrator October 2018 Table of Contents 1. Executive Summary Page 3 2. Personnel and Committee Membership Page 4 3. Accomplishments and Changes of Note Page 5 4. Projected Needs Page 9 5. Future Considerations and Projects Page 9 6. Appendix a. Analytics b. OJA’s Student and Campus Life Showcase Poster c. Public Records d. Campus Codes of Conduct, Code Changes, and Procedures of the University Hearing Board and the University Review Board OJA Annual Report AY 2018 2 Executive Summary Undoubtedly, the 2018 academic year was one of profound intensity for Cornell University, and without question, such a sentiment was felt by the Office of the Judicial Administrator (OJA). While some of this intensity can be attributed to the unique events which occurred within the Cornell and Ithaca communities, it is also fair to note that the national and international climate impacted the University. The intensity experienced by the OJA in AY 2018 included: understanding how leadership and personnel changes across the University brought a fresh perspective to the application of policies and procedures; working to triage cases with the Cornell Tech campus, including the limited number of educational sanctions available to students matriculating at that campus versus those matriculating in Ithaca; an increase of complex hazing cases, often with intersecting investigations with other campus partners; working with the campus community and complainants to balance what is permitted under the Campus Code of Conduct (Code) with the actual harm caused by the actions of a respondent; and, a 19.4%1 increase of persons or organizations referred to the OJA, including many high-profile or high-risk cases. While the prior academic year demonstrated the complexities of the work of the OJA to those who were new to the institution, at the time of selecting the theme for the 2018 academic year, it was unknown how fitting the theme of “Think, Verify, Proceed” would be for the year. During the 2018 academic year, the OJA incorporated the theme though: a deliberative effort to decelerate the pace between receipt of an incident report and the adjudication so that complexities of a case were realized earlier in the administration and investigation processes; the developing and strengthening of campus partnerships; and, a continued commitment to administering the Code in an educational manner, while respecting the nature of the Code and established precedent. Finally, of note, 625 referrals were made to the OJA in academic year 2018. Of those referrals, the University Hearing Board (UHB) convened six times2 to hear seven cases, one of 1 In AY 2017, 536 referrals were made to the OJA; in AY 2018, 640 referrals were made. 2 One UHB was a joint-hearing. OJA Annual Report AY 2018 3 which qualified for a review by the University Review Board (URB),3 and none of which qualified for a Presidential appeal. Personnel and Committee Membership During the 2018 academic year, the personnel of the OJA remained stable. Michelle R. Horvath continued to serve as the Judicial Administrator (JA). Michelle’s initial two-year appointment was extended for one year by University Assembly Resolution #114; this resolution extended Michelle’s appointment and set a timeline for amending the JA reappointment process. University Assembly Resolution #215 provided the new evaluation process for the JA position, and replaced the two-year reappointment cycle. During the academic year, Michelle presented at two conferences, contributed to the “Communication and Collaboration Guidance for Inter/National Fraternal Organizations and Campus Student Conduct Professionals Guide” developed by the Association for Student Conduct Administration (ASCA) and the Fraternity Executives Association; was reappointed as the co-chair of the Fraternity and Sorority Life Community of Practice for ASCA; and, continued to serve as the hazing point of contact resource for COFHE conduct administrators. Christina Liang continued her service as an Associate Judicial Administrator (AJA), and during the academic year, was elected Treasurer for ASCA and was published as a contributing author in Conduct and Community: A Residence Life Practitioner’s Guide, a collaborative book between ASCA and the Association of College and University Housing Officers—International. Vincent J. Ciampolillo continued his service as an AJA, and during the academic year, continued to volunteer with ASCA as co-state chair for the state of New York. Janey Bosch continued her service as Case Manager, worked to digitize the OJA’s probation curriculum on Blackboard, and saw an expansion of her job duties to include participating in the Summary Decision Agreement by Mediation process. 3 The URB was technically convened twice during AY 2018, but one of the cases heard by the URB was a case which overlapped academic years—the UHB heard the case at the end of AY 2017, but the appeal was heard in AY 2018. 4 https://assembly.cornell.edu/resolutions/ua-r11-accepting-president%E2%80%99s-proposal-one-year-term- extension-judicial-administrator 5 https://assembly.cornell.edu/resolutions/ua-r21-updating-judicial-administrator-reappointment-process OJA Annual Report AY 2018 4 Steve Morey continued his service as Administrative Assistant, and saw an expansion of his job duties to include leading an internal OJA professional development activity. Members of the OJA staff served on multiple University committees and working groups, including: • Alcohol and Other Drugs Incident Review Team; • ALERT Team; • Behavioral Health Committee; • Bias Assessment and Review Team; • Coalition on Mental Health and Wellness; • Codes and Judicial Committee (ex-officio member); • Conflict Resolution Group; • Council on Sexual Violence Prevention (Renamed SHARE Committee); • Diversity Community Group; • Hazing Committee; • Public Safety Advisory Committee; • Senior Business Group; and, • Various search committees. Finally, the OJA read the following books as an office to help inform our work: Guyland: The Perilous World Where Boys Become Men—Understanding the Critical Years Between 16 and 26 by Michael Kimmel, and, The Little Book of Restorative Justice for College and Universities: Repairing Harm and Rebuilding Trust in Response to Student Misconduct by David R. Karp. Accomplishments and Changes of Note As noted, academic year 2018 was an intense year for the OJA due not only to campus events, but also because of: understanding how leadership and personnel changes across the University brought a fresh perspective to the application of policies and procedures; working to triage cases with the Cornell Tech campus, including the limited number of educational sanctions OJA Annual Report AY 2018 5 available to students matriculating at that campus versus those matriculating in Ithaca; an increase of complex hazing cases, often with intersecting investigations with other campus partners; working with the campus community and complainants to balance what is permitted under the Campus Code of Conduct (Code) with the actual harm caused by the actions of a respondent; and, a 19.4% increase of persons or organizations referred to the OJA, including many high-profile or high-risk cases. As an office whose work interacts laterally and horizontally across the University, but is independent, the leadership and personnel changes across the campus impacted the work of the OJA by offering differing perspectives regarding the Code, and the policies and procedures of the University. The greatest impact of these differing perspectives is that such views challenged not the work of the OJA, but buttressed the efforts of the OJA of working towards a conduct process which more closely aligns with best-practices in the conduct field—practices which are often more embraced at other colleges and universities, and include jurisdiction over only students and student organizations. As expected, the formal opening of the Cornell Tech campus impacted the work of the OJA. The intensity of pace with which the campus was opened created some unintended consequences which have impacted the work of the OJA. While the OJA liaised with campus partners at the Tech Campus in anticipation of its opening, the following factors have impacted the work of the OJA at that location: the residential model serving faculty, staff, and students, and that therefore does not utilize traditional campus life housing staff, has resulted in some inconsistencies in campus behavioral requirements; the lack of preset drug confiscation protocols, especially regarding marijuana in the judication of the New York City Police Department, was an a unexpected challenge for a case referred to the OJA (and has since been resolved); and, the inability to provide the first level of the alcohol and other drug educational intervention triage process—BASICS—while the student is matriculating at the Tech campus because they are not covered by Cornell Health while in New York City, has delayed the educational and behavioral intervention normally available in those types of cases. However, through utilizing remote communication methods (such as telephone, Zoom, and Skype), as well as offering bussing and lodging for respondents to attend hearings, the actual adjudication of Cornell Tech