Two faculty members, appointed by the President of the College, with the agreement of the Committee on Committees, to staggered, two-year, renewable terms. Faculty members shall have at least three years of service as full-time members of the teaching faculty.
One administrative staff member, who is not an administrative hearing officer, appointed by the President for a two-year, renewable term.
Two members of the student body, with at least sophomore standing, appointed by Student Senate to one-year, renewable terms.
The Chair shall be the faculty member serving the second year of a term. If no member qualifies, the Committee on Committees shall designate one of the faculty members as Chair.
A quorum must be present to hear a case. A quorum shall consist of the Chair, either the other faculty member or the administrative member, and one student member. In the absence of the Chair, the other faculty member shall serve as Chair.
Hearing Procedures for Conduct Board
The respondent and the complainant shall be provided with written notice of the hearing at least 72 hours prior to the hearing.
The respondent shall be presumed to be not at fault until the evidence has been presented and a determination has been made.
Both the respondent and the complainant are expected to be present at the hearing, where they will have the opportunity to question the other, to hear and respond to evidence regarding the charges, and to present witnesses on their behalf. If the respondent does not attend the hearing, they forfeit the right to respond to evidence and to question witnesses and the complainant.
In cases involving harassment or assault the complainant may work with the Conduct Board Chair, in advance of the hearing, to determine accommodations for the hearing (e.g., participation via conference call, complainant and accused in separate rooms) or to designate a proxy to participate in the hearing. The decision to proceed with a hearing if the complainant or a previously designated proxy does not arrive will be made by the Chair, in consultation with the Dean of Students.
The conduct board may request that multiple respondents in a single incident have their hearing conducted as a group hearing. Each student retains the right to have the case heard individually.
The respondent and complainant may each be accompanied by a current member of the Cornell faculty, staff or student body. This person may not participate in the hearing, but may consult with the respondent or complainant during the hearing.
Conduct Board hearings are closed.
Members of the Cornell faculty, staff or student body may be witnesses. The Dean of Students or the Conduct Board may determine whether others may appear in the interest of the case. The names of witnesses shall be provided by the respondent and the complainant at least 48 hours prior to the hearing. Each shall have access to the names of all witnesses, which shall be provided to them by the Chair at least 24 hours prior to the hearing. Witnesses for one party should not be contacted by the other party prior to the hearing. Witnesses may be questioned by both parties and by members of the Conduct Board or the Chair of the hearing. In hearings of sexual misconduct, harassment or assault cases, questions by the complainant and accused will be submitted in writing to and read by the Chair.
All procedural questions shall be determined by the Chair of the hearing.
Conduct Board hearings shall be audio recorded and the recording will be the exclusive property of the College. It shall be retained until any appeal of the case is completed.
The Conduct Board shall meet in closed session to deliberate and reach a decision. Deliberations shall remain confidential.
Determination of responsibility shall be made on the basis of the preponderance of the evidence that the respondent violated College policy. In group hearings individual determinations of responsibility will be made regarding each of the respondents. In a hearing of the Conduct Board, a majority vote determines the outcome. The Chair votes only in the event of a tie.
When there is a finding of responsibility in a Conduct Board hearing, the Dean of Students or designee shall provide any information about past violations by the student to be sanctioned or about sanctions assessed against others in similar cases. In group hearings sanctions for each student will be based upon the individual findings of responsibility and prior conduct history.
The Conduct Board shall notify the respondent in writing of the decision and of any sanctions. Complainants will also be notified of the outcome of the case and of any sanctions that are related to their complaint. If the complainant is deceased as a result of the crime or offense, Cornell College will provide the results of the disciplinary hearing to the complainant's next of kin, if so requested. The Conduct Board shall also notify the Dean of Students.