Letter

As of Nov. 1, 1996, New York state law authorizes people meeting certain criteria to carry pepper spray and to use it for purposes of self-defense. Members of the Cornell community may believe that it is now permissible to carry pepper spray at Cornell. This letter is to clarify that pepper spray is still not allowed on the Cornell campus. The University Assembly will host a forum this semester (details below) to discuss the policy question of whether it should be, but in the meantime, community members are requested to respect the existing rules and regulations.

Pepper spray is still considered a "dangerous weapon" under New York state law. The recent legislative amendment simply makes clear that certain "self-defense spray devices" may be carried and used under specific circumstances.

Accordingly, pepper spray still falls within Campus Code of Conduct language which makes it a violation to "possess, carry, or use firearms, . . . ammunition, explosives, or other dangerous weapons, instruments, or substances in or upon University premises." Even though a person might possess a permit to carry a gun in the city of Ithaca, that person is not permitted to carry the gun at Cornell. Similarly, even though New York state law permits the carrying of pepper spray within the state in general, carrying this substance is not permitted on the Cornell campus.

Some people in the community may feel that this reading of the Campus Code of Conduct denies them a legitimate means of protection. While pepper spray can provide a means of protection, certain other facts indicate its limitations. Those facts include:

• Pepper spray canisters are unreliable in cold weather.

• If sprayed into the wind, the effects intended for the assailant can instead affect the victim, rendering the victim even more helpless than she or he was originally.

• Pepper spray may be lethal to those with asthma or other respiratory problems.

• Use of pepper spray for any purpose other than self-defense (for example, as a prank) -- or use of the spray against a police officer -- constitutes a criminal offense. Even lawful use of pepper spray may result in legal action against the user if a medical emergency results.

One of the biggest concerns is that people will place unjustified reliance on pepper spray and will forget other safety precautions that may provide even greater security. Those precautions include:

• Walk in well-lit areas with a friend.

• Keep car keys accessible at all times.

• If you must walk alone, walk with a strong, confident stance.

• Carry a whistle, and use it or yell if confronted or attacked.

• Educate yourself on self-defense techniques.

The Codes and Judicial Committee of the University Assembly concurs that the Code, as currently written, prohibits the carrying of pepper spray on campus. Mindful of the underlying safety concerns, however, we would like to see further discussion on the policy question of whether pepper spray should be permitted on campus. Toward that end, the University Assembly is sponsoring a forum on this topic which will be held at Goldwin Smith D on March 10, 1997. The forum will begin at 4:30 p.m. and continue until 6 p.m.

I urge any of you with interest in this subject to come to this meeting. In the meantime, I also urge people to respect the prohibitions set forth in the Campus Code of Conduct and to refrain from carrying pepper spray on the Cornell campus.

Very truly yours,

Barbara L. Krause
Judicial Administrator