Editor’s Note: This piece represents the second in a four part series on the disciplinary process employed by Cornell’s administration against Momodou Taal, written by his faculty support. It has been slightly edited by The Sun for clarity, grammar and style, but, in the interest of transparency, otherwise preserved in its complete form. To read the first part, click here.
On March 29, Taal was called to a meeting by the OSCCS and was accompanied by a union representative, with Prof. McNulty serving as faculty support person. There he was presented with a complaint dated March 7 for alleged use of “amplified sound via a megaphone” in a protest at Duffield Hall that took place on Feb. 22, which the complaint said may have violated two sections of the Student Code of Conduct: section IV.F, “disruption of university activities” (defined as “substantially obstructing or interfering with” the lawful exercise of another person’s freedom of speech and peaceable assembly, access to university premises, or participation in an authorized activity or event) and section IV.H, “failure to comply with a lawful directive of a university official.” The OSCCS representative indicated that the complaint was based on a CUPD referral, but neither the referral nor any supporting evidence were presented.
Taal acknowledged participating in the protest, but contested both code violations. He denied interfering with the free speech of others, blocking the entrance or exit to the building or otherwise obstructing its use or failing to comply with a legal directive. Taal and the union representative both questioned whether noise generated through the exercise of protected free speech could be said to constitute “disruption of university activities” absent any obstruction of persons, activities or building access. Who was disrupted, and how? Is the alleged “loudness” of a brief and peaceful protest sufficient to characterize it as “harmful” or excessively disruptive, or to override the right to free speech and peaceable assembly of the protesters themselves? And, most important, given that 150-200 people were involved in the demonstration, why was Taal in particular charged? Was Taal so easily singled out because he is Black?
At the end of the meeting, Taal was offered an “alternate resolution”: he could admit responsibility for the alleged behavior, accept a disciplinary probation and agree not to commit further violations of the code in exchange for the potential penalties being reduced or the complaint dropped. Taal rejected the alternate resolution, disputed the charges and asked for a chance to appeal.
In theory, therefore, since Taal did not enter the alternate resolution, the complaint entered the “investigation” stage. This was six months ago, and Taal has received no updates. Because the SCC stipulates that an investigation cannot take place without the participation of the student Respondent, we know that no investigation has begun. Accordingly, there has been no finding of responsibility. The adjudication of the complaint could at most be characterized as ongoing or unresolved.
Characteristic features of this and other recent disciplinary complaints involving protesters are lack of the “timely” investigation (and therefore resolution) required by the SCC and the absence of due process. Until evidence has been presented by the complainant, the student has no opportunity to mount a defense, present counter-evidence, or call witnesses. At the same time, there is no deadline by which the OSCCS must complete the investigation or present evidence to the student. If the complainant fails to present evidence of wrongdoing, the student is left in limbo: They have not been found responsible, and yet the charges have not been dropped. Worse, the administration is treating them as guilty.
Paul Fleming is a professor of Comparative Literature and German Studies in the College of Arts and Sciences. He served as Momodou Taal’s faculty advisor for his third complaint. He can be reached at [email protected]
Tracy McNulty is a professor of Comparative Literature and Romance Studies in the College of Arts and Sciences. She served as Momodou Taal’s faculty advisor for his first complaint. She can be reached at [email protected]
Mostafa Minawi is a professor of History in the College of Arts and Sciences. He served as Momodou Taal’s faculty advisor for his second complaint.. He can be reached at [email protected]