New 'conduct' code to be adopted July 1

The new Code of Student Conduct, recommended by Interim Provost Marvin Lazerson, has been approved by Interim President Claire Fagin and will become effective officially on July 1. The code will replace the current Code of General Conduct and the Racial Harassment Policy, Part II of which is commonly called the "speech code." "I think that I would call it a minimalist code in a sense, in that I think it says what has to be said without going into the kinds of detail that are not only excessive but are also misleading and can eventually be misconstrued," Fagin said yesterday. The final edition of the code -- two previous editions were published in issues of the Almanac for comment -- outlines both the "Rights of Student Citizenship" and the "Responsibilities of Student Citizenship." Among each student's "rights" are "the right to freedom of thought and expression" and "the right to be free from discrimination." But the most striking change from the old Racial Harassment Policy appears in section (d) of the students' "Responsibilities" section. "The University condemns hate speech, epithets, and racial, ethnic, sexual and religious slurs," the code reads. "However, the content of student speech or expression is not by itself a basis for disciplinary action." The old Racial Harassment Policy stated simply that "no member of the University community may engage in racial harassment, regardless of time or place." Section (d) did not pass without its share of controversy, though. Fagin said she received many complaints from all around the Unviersity about a sentence in an earlier version of the code which added that "patterns of student speech or expression may constitute conduct, and as such, they may be subject to discipline." That passage was finally deleted from the code, because, as Fagin said, there could have been "a thousand interpretations as to what 'patterns' meant." The new Code is based on recommendations from the faculty and student Judicial Revision Oversight Committee, comments from members of the University community and General Counsel, and changes made by Lazerson. Acting Vice Provost for University Life Valarie Swain-Cade McCoullum said yesterday she is in favor of the new code because it protects everyone's right to freedom of expression. "I believe very, very strongly in the freedom of speech," she said. "For me, a policy that supports the freedom of individuals to speak forcefully is very important for all communities, but particularly important to an educational community." But, she added, "there is a community responsibility to rebut speech that is hurtful." Fagin said that students were involved throughout the process of developing the new code, and that the role of the students was an important one. "I felt very, very strongly about the students who participated in this and presented it," she said. "I think that?to go beyond the students' opinions would not have been keeping with what we have been trying to do this year." Fagin added that the clarity of the new code should avoid any confusion of the University's rules in the future.