Annual report finds a rise in cases of campus misconduct for 1995-96

By Jacquie Powers

Cornell officials investigated more cases of campus misconduct but significantly fewer cases of sexual harassment in 1995-96 compared with the previous year.

University officials investigated 497 incidents of campus misconduct and 17 allegations of sexual harassment in 1995-96, according to two reports issued recently.

The annual report from the Office of the Judicial Administrator showed that between July 1, 1995, and June 30, 1996, the office handled 497 new cases involving 596 potential defendants. That compares with 426 cases and 522 defendants in 1994-95, for a 17 percent increase in cases and a 14 percent increase in defendants. It's the highest number of annual cases yet reported.

"The categories of cases showing the largest increase during 1995-96 were alcohol/drug violations, theft, injury and the 'other' category," the report noted. The category showing the most significant decrease was damage, down 12 cases from 1994-95. (See the chart for a breakdown of cases by violation category.)

The office issued 307 written reprimands, with many of those including other penalties such as community service. Three cases resulted in suspension.

Education is considered a top priority in the office, and in 175 of the 497 cases, or 35 percent, the penalty was an oral warning. These cases covered a broad range of offenses, such as minor violations of university dining hall policies, throwing snowballs and unauthorized switching of residence hall rooms. Seventy-one alleged violations were resolved with no action being taken, for reasons such as lack of jurisdiction, insufficient evidence of a violation or a complainant's decision to drop the allegation.

"While the number of new cases we received at the beginning of this year is down somewhat from last year, it seems that we are seeing an increase in the more serious types of cases," said Barbara Krause, judicial administrator. "I'm not sure if that reflects an increased level of stress, or just that Cornell mirrors the world at large. But it's a matter of concern for our office."

Community service was the most frequently assessed penalty. The defendants were assessed 9,705 hours of community service. Of the total, 2,397 hours were suspended, leaving 7,398 hours to be completed.

Restitution of $2,774.50 was required to be paid.

The Office of Equal Opportunity (OEO) reported that it received 17 allegations of employment-related sexual harassment in 1995-96, a significant decrease from the 44 cases reported the previous year.

Of the 17 concerns heard by the OEO, eight were handled as consultations only, at the request of the concerned party. A consultation usually involves a meeting between an OEO staff member and the concerned party during which the concerned party is asked to recount, as specifically as possible, the events surrounding his or her concern. After gaining a full understanding of the concerns, the staff member provides relevant information pertaining to laws, university policy, self-help strategies and institutional and community resources available to address the concerns. Self-help strategies, informal intervention and investigation are discussed as options.

It is up to the concerned party, based on the information received, to decide whether he or she wishes to pursue one or more of those options.

Of the 17 concerns, eight were handled through informal intervention at the request of the concerned party. The types of intervention possible at an informal level are numerous and are determined on a case-by-case basis in consultation with the supervisor or department head. They can include a change in the reporting structure between the people involved or an oral or written warning. Education is the focus of most OEO intervention strategies.

One of the 17 concerns in 1995-96 was handled through investigation at the request of the concerned party. Investigation initially requires a consultation with the concerned party and is then initiated by a written complaint. It entails interviews with the complainant, respondent and witnesses for both sides. The one case handled by OEO last year resulted in a "no finding" of sexual harassment.

In addition to the 17 employment-related concerns of sexual harassment, OEO referred five allegations of student versus student sexual harassment to the judicial administrator.

To read summaries that reveal the range of cases adjudicated by the JA's office, click here.

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