The “Negotiations” Are Designed For Failure and Confrontation
Entering this dispute, Day Hall clearly holds all of the legal authority to regulate the time, place, and manner of protests on campus. However, Day Hall does not control (or have much influence) over US foreign policy or over-setting the behavioral norms of society. Although the protesters won the recent undergraduate referendum by a two-to-one margin, their cause has failed to mobilize the political support of the entire Cornell community. Only hundreds of people attend rallies or engage in the encampment. In contrast, during the April 1969 crisis, over 8,000 members of the community gathered for days in Barton Hall.
At its core, the only thing the protesters are trading away is agreeing to end an illegal encampment that does not hold widespread popular support and does not inconvenience the vast majority of Cornellians. The encampment ended on May 13.
All of Cornell has a duty to promote both free speech and an atmosphere of civility. These norms are the only way an elite educational institution can foster the discussion and dissemination of the best ideas, regardless of their political affiliation or convenience” The Student Code is designed to punish serious rule breaking while gentle persuasion is used to curb hostile speech that is protected by the First Amendment while destructive of the academic atmosphere. The encampment mistakenly believes that by threatening to engage in hostile speech forever, it has negotiating leverage over Day Hall. The flawed thinking becomes apparent when the protesters cross the line from protected speech into unprotected and illegal conduct.
Some universities, like Northwestern, sought to shift the scope of debate to reach an area of agreement. At Northwestern, the school agreed to fund two faculty positions for two years and to provide full scholarship to five Palestinian students. That agreement was enough for Northwestern’s encampment to fold. Because CML has selected “demands” that Day Hall will never find acceptable, nobody can believe that the encampment serves as a serious negotiation tactic rather than some footnote in a nation-wide script.
Outgoing President Pollack and Vice President for Student and Campus Life Ryan Lombardi met with encampment representatives for one hour on May 10, the day after she announced her retirement. Although Pollack did not issue a statement following the meeting, the CML described the discussions on an Instagram post. CML claimed to ask Pollack for a written response by Sunday May 12, but did not receive one. CML dismantled the encampment the next day.
Native American Land Claims
CML’s first demand does not relate to the Gaza Crisis – rather it seeks reparations from Cornell for “stolen” lands. The background facts are that the Iroquois backed the British over the Americans in the Revolutionary War and by 1795 lost most of their land as a result. Most of the Cayuga Nation has relocated to Ontario or Oklahoma reservations. However, a small group of Cayugas came back to Seneca Falls, NY where they were engaging in a violent internal leadership struggle. Hence, the demand to “return surplus land in New York state to the Haudenosaunee Confederacy, the Lenni Lenape, and their descendants who have been forced out of New York.” Even CML sees that giving land back to the divisive Seneca Falls group would be a waste.
The Commerce Clause of the Constitution gives the Federal Government control over relations with Indigenous People. These tribes have litigated their land claims in court and lost. Cornell did receive land under the Morrill Act, but sold all of it by 1935. So, it is up to Washington and the courts to take further steps.
As for the demand to “establish an Indigenous Studies department”, Cornell already has its American Indian and Indigenous Studies Program.
Account for Endowment and Land Holdings and Divest “Reprehensible” Holdings
The CML does not explain why this would help Cornell, but implicit in the demand is that the CML rather than the Trustees should determine which investments are “morally reprehensible activities.” The facts are that American policy supports Israel and that a broad swath of US companies engage in commerce with Israel. If CML wants to change that, it can seek legislation in Congress.
In the 1960s through 1990s, Cornell held direct investment in many companies as a shareholder. Social justice activists attacked specific stock investments. In more recent times, Cornell stopped such direct investments but instead places money with hedge fund managers or index funds. When Cornell invests in an index fund, it makes a mathematical decision on investing in the 500 or 1,000 largest companies without regard to their morality. So, Cornell’s investments carry no larger moral taint than do the members of CML who statistically benefit from the overall economic strength of the American economy. Cornell owns a tiny fraction of a fund which in turn may hold a small number of companies who may engage to a small degree in commerce with Israel. But Cornell will not stand to profit from investment in Israel or Palestine more than the overall economy.
Cornell’s trustees, including elected students, faculty and staff trustees, have full access to all the details of Cornell’s investments. Because of the confidential nature of certain transactions and the restrictions imposed by security laws, the Cornell community has to rely upon its elected representatives to make the best decisions in the absence of full public disclosure.
Cornell is a 50-50 partner with Israel-based Technion in the Jacobs Technion-Cornell Institute, and CML wants this partnership dissolved. CML does not say whether it wants Cornell to sell its half to Technion, or buy-out Technion’s share, or just walk away.
To date, Technion has contributed over $160 million to this joint venture on Roosevelt Island, and New York City awarded the opportunity to build a tech hub campus based upon a joint proposal from both Cornell and Technion. The Jacobs Institute does not engage in classified research or military research, and its technology is subject to export controls as much as any other US based organization.
Unconditional, Permanent Ceasefire in Gaza.
Everyone would like to see a permanent ceasefire in Gaza. A ceasefire was in effect until Hamas broke it on October 7, and Hamas has promised to continue to repeat the October 7 style attacks in the future.
The CML does not explain why it believes an unconditional, permanent ceasefire is possible in Gaza; what it would do with the Iranian or Russian influence over Hamas; or what it would do with the possibility of Israel or Iran gaining offensive nuclear capabilities. However, US foreign policy is controlled in Washington and not in Day Hall. So all CML members would be better off lobbying Congress than protesting on this issue in Ithaca. The CML also fails to mention that Hamas still holds 5 American citizens hostage, as well as scores of Israelis, some of whom have been killed in captivity. The CML has not made it clear what their stance is on these American hostages, including if Hamas should free them in the event of an unconditional, permanent ceasefire.
A Palestinian Studies Program in the College of Arts and Sciences
The CML does not explain how this program would be funded, assuming that there is interest in such a narrow topic. Cornell already has a Department of Near Eastern Studies that includes Palestine within its scope.
Any student in the Arts College already has the option of an independent major to focus upon Palestine. Further, President Pollack’s May 14 statement expressed the desire for “more education around the history and politics that have led to the current crisis.”
Define Anti-Zionism as not being Antisemitic
Many critics of the CML called out its chants, posters, banners and speeches as antisemitic. The CML wants Cornell to agree to protect all anti-Zionism against attacks for crossing the line into antisemitic statements. The definition of antisemitism used by New York State and the federal government takes the opposite view.
Replace Police with an Emergency Response Team of Health Professionals
CML is resurrecting the “defund the police” arguments from 2020. It was a bad idea then, and Day Hall should not accept it now. CML demands, “A majority of team members must be providers who share lived experiences and identities with Cornell’s diverse student body.” The idea that Cornell would discriminate in hiring in this manner would be a Civil Rights Law violation.
The CML is correct that “shared lived experiences” would be valuable for policymakers in student affairs roles. Accordingly, there may be real benefits to hiring Cornell alumni as the Dean of Students and the VP of Student and Campus Life.
Total Legal and Academic Amnesty
The CML does not explain why amnesty would be a good idea. The resolutions passed by the Student Assembly, University Assembly (UA) and Faculty Senate have advocated that the shared governance bodies should write codes and judicial procedures and not by Day Hall. They have also stated that the Interim Expressive Activity Policy should not be enforced until rewritten by shared governance groups.
Although returning conduct issues to the UA may be a long-term solution, it does not address the immediate problem of accountability for the encampment. Day Hall is responsible for protecting Cornell’s interests and keeping the campus functioning. The idea that a small group can demand the right to substitute its policy preferences under threat of violence is anathema to Cornell values.
The involvement of people from outside the Cornell community is also very troubling. Whatever arguments for student amnesty exist, the outsiders should be punished severely in the courts downtown.
In sum, CML’s published demands do not match its encampment chants and have failed to capture the support of most Cornellians.
