Editor’s Note: This statement from the Cornell Chapter of the American Association of University Professors was issued on Sept. 25. It has been lightly edited to conform to Sun Style.
The Cornell Chapter of the American Association of University Professors calls on Cornell University administration to immediately rescind the “temporary suspension” that was imposed on graduate student Momodou Taal on Sept. 23. The temporary suspension violates Cornell’s own Student Code of Conduct Procedures, constitutes an extreme and disproportionate punishment imposed without just cause and without due process and violates academic freedom and freedom of expression.
The Cornell Student Code of Conduct Procedures permits “temporary suspensions” to be imposed summarily, but only under a narrow set of conditions that would justify taking such a serious punitive action without first providing due process. Specifically, the Procedures require that temporary suspension be used only in cases where “immediate action is necessary to protect the Complainant or the University community” against violence or threats of violence, or harm to health or safety. Further, the Procedures specifically require that temporary suspension be used “only when available less restrictive measures” will not achieve such protection.
The temporary suspension of Momodou Taal is a severely punitive action that does not meet the narrow circumstances necessary to justify an immediate temporary suspension under Cornell’s Student Code of Conduct Procedures. There is no evidence that Momodou Taal used violence or a threat of violence or harm to anyone’s health or safety. It appears that the charges against him are based on allegations that he participated in a loud protest in the Statler Hotel ballroom against two corporations (Boeing; L3Harris) at an ILR career fair. Cornell has a long and storied history of student protests targeting recruiters from businesses or government agencies notorious for conduct ranging from union-busting to arms industry manufacturing to supporting unjust military actions. That history reminds us of the expectation that there may be disruptions to corporate recruiting in universities where students take strong, vociferous and loudly stated ethical positions. For the administration to escalate its treatment of such protests into allegations of dangerous and violent disruptions is a serious abuse of Cornell’s disciplinary power over students — and against faculty and staff who join them in their protests.
Given the lack of evidence of violence, threat of violence or threat to health or safety, there was no just cause for the Cornell administration to impose the discipline of an immediate temporary suspension on Momodou Taal. There was no just cause for taking immediate action of a temporary suspension — among the most severe penalties the university can administer — and which is imposed without due process. The administration further violated its own Student Code of Conduct Procedures by failing to use less restrictive measures that would have been sufficient under the circumstances. Instead, the University administration imposed not only a temporary suspension from some university activities, but it imposed the most extreme form of temporary suspension known as “de-enrollment,” which is a “complete suspension from all university activities such that the [student] will lose the ability to continue academically.” That means a complete loss of any credit and tuition for the semester(s) of suspension. For graduate and some undergraduate students this will also be a loss of their ability to teach and earn an income. For international students like Momodou Taal, whose right to remain in the country is affected by their enrollment status, the consequences are even more dire, as deportation means a loss of income, housing and an obstacle to finishing their academic degree.
The Cornell administration’s unjust and unjustified response to the protests violates academic freedom and freedom of expression, which are central and essential to the existence of a university. Without such protection, academic freedom and freedom of expression — including through loud and even disruptive protest — is subject to overly broad restrictions in the name of civility, order on campus, or avoidance of conflict with donors, politicians or corporate recruiters. By imposing an extreme and excessive punitive measure on Momodou Taal, the Cornell administration has unfairly targeted an international student activist. But the administration is also sending a message to all students, faculty and staff that any one of us may face excessive penalties for protests. We call on students, faculty and staff to protest against the Cornell administration’s actions. We call on the Cornell administration to immediately rescind the temporary suspension that has been imposed on Momodou Taal.
The Executive Committee of the Cornell University Chapter of the American Association of University Professors, on behalf of the Cornell AAUP Chapter.
Risa L. Lieberwitz is a Professor of Labor and Employment Law in the School of Industrial and Labor Relations. She researches academic freedom in the university, freedom of speech, due process and the “corporatization” of the university. She is the President of the Cornell University Chapter of the American Association of University Professors. She can be reached at [email protected].
David A. Bateman is an Associate Professor of Government in the College of Arts & Sciences. His research focuses on democratic institutions, legislatures and political rights, democracy, race and racism. He is the Vice President of the Cornell University Chapter of the American Association of University Professors. He can be reached at [email protected].
Ian Greer ’05 is the Director of the ILR-Ithaca Co-Lab. He is a Research Professor and is the Secretary-Treasurer of the Cornell University Chapter of the American Association of University Professors. He can be reached at [email protected].
Darlene Evans is a Senior Lecturer (retired) with the John S. Knight Institute. She is an Executive committee member of the Cornell University Chapter of the American Association of University Professors. She can be reached at [email protected].
Suman Seth is the Stephen H. Weiss Presidential Fellow and Marie Underhill Noll Professor of the History of Science in the College of Arts & Sciences. His research interests include the history of medicine, race and colonialism, quantum theory and gender and science. He is an Executive committee member of the Cornell University Chapter of the American Association of University Professors. He can be reached at [email protected].
The Cornell Daily Sun is interested in publishing a broad and diverse set of content from the Cornell and greater Ithaca community. We want to hear what you have to say about this topic or any of our pieces. Here are some guidelines on how to submit. And here’s our email: [email protected].