This resolution concerns University policies to provide reasonable accommodations during the pandemic. University policies should be developed based on the principles of safety, transparency, and consultation to respond to faculty, instructor, staff, and student needs for a safe and healthy teaching, learning, and working environment. The resolution has been endorsed by more than 64 faculty member cosponsors, including 9 Faculty Senators, and by the Cornell Chapter of the AAUP (American Association of University Professors).

Whereas, on August 11, 2021, Cornell University announced a new policy severely restricting health-related accommodations for faculty and instructional staff, stating, “[T]he university will not approve requests, including those premised on the need for a disability accommodation, to substitute remote teaching for normal in-person instruction”;

Whereas, on August 13, 2021, Provost Kotlikoff announced an additional policy stating that deans and unit leaders have discretion to “choose to offer additional options for faculty and staff with extraordinary circumstances that prevent them from teaching and working in person this fall…includ[ing] a reduction in work hours, a temporary reallocation of teaching duties, and/or short-term or partial remote instruction,” but otherwise left the August 11 policy statement unchanged;

Whereas, neither the August 11 nor the August 13 policy statements provide consistent definitions, standards, or evaluation processes to be used by deans across colleges and schools, which opens the door to ad hoc and potentially arbitrary decision-making;

Whereas, the August 11 and 13 University policies have caused a high level of stress and anxiety for faculty, instructors, staff, and students;

Whereas, Cornell’s August 11 policy statement violates its legal obligations under the federal Americans With Disabilities Act and the New York State Human Rights Law by stating an a priori policy of refusing to approve faculty or instructor requests to teach remotely, including requests based on an individual’s disability;

Whereas, Cornell’s August 13 policy statement violates its legal obligations under the federal Americans With Disabilities Act and the New York State Human Rights Law by limiting deans’ discretion to granting temporary, short-term, or partial accommodations in “extraordinary circumstances,” and by failing to adopt consistent standards and processes for such decision-making;

Whereas, Cornell’s August 11 and 13 policies fall far below its ethical obligation to provide a safe working environment for all faculty, instructors, staff, and students, and fail to meet even the minimum legal requirements to provide reasonable accommodations under the federal Americans With Disabilities Act and the New York State Human Rights Law;

Be it resolved, that the University should rescind the University’s August 11 policy of refusing to approve requests for remote teaching as a reasonable accommodation for individuals with disabilities;

Be it further resolved, that the University should adopt and announce policies that provide a broad and flexible approach for accommodating faculty, instructor, staff, and student health-related concerns;

Be it further resolved, that the University should adopt and announce fair and consistent standards and processes for evaluation and decision-making about reasonable accommodations for faculty, instructor, staff, and student needs for a safe and healthy teaching and learning environment;

Be it further resolved, that the University Administration should engage in good faith, full, and open consultation with the Faculty Senate and other governance bodies to develop policies that reasonably accommodate faculty, instructor, student, and staff needs for a safe and healthy teaching and learning environment.

Faculty Sponsors:

• Chloe Ahmann
• Catherine Appert
• Sandra Babcock
• David Bateman
• Richard Bensel
• C. Brainerd
• Anthony Burrow
• Eric Cheyfitz
• Sherry Colb
• Erin Cornwell
• Ileen DeVault
• Ella Maria Diaz
• Molly Diesing
• Deborah Dinner
• Laurent Dubreuil
• Shimon Edelman
• Matthew Evanelista
• Darlene Evans
• Oren Falk
• Julia Finkelstein
• J. Ellen Gainer
• Shannon Gleeson
• William Goldsmith
• Denise Green
• James Grimmelmann
• James Gross
• George Hay
• Allison Weiner Heinemann
• TJ Hinrichs
• Saida Hodzic
• Barbara Holden-Smith
• Paul Houston
• Karolina Hubner
• Sheri Lynn Johnson
• Eunjung Kim
• David Levitsky
• Bruce Levitt
• Risa Lieberwitz
• Oskar Liivak
• Alexander Livingston
• Kathleen Long
• Kate McCullogh
• Estelle McKee
• Joanie Mackowski
• Kate Manne
• Joseph Margulies
• Natalie Melas
• Jane Mendle
• Juno Salazar Parrenas
• Trevor Pinch
• David Powers
• Rachel Prentice
• Aziz Rana
• Riche Richardson
• Russell Rickford
• Courtney Roby
• Itziar Rodriguez de Rivera
• Nerissa Russell
• Neil Saccamano
• Landon Schnabel
• Anette Schwartz
• Suman Seth
• Rebecca Slayton
• Barbara Strupp
• Noah Tamarkin
• Sofia Villenas
• Mildred Warner
• Rachel Weil
• Kora von Wittelsbach
• Andrew Yen

Vote results:

Resolution 1 (Y=67 , N =21 , Abs = 8; DNV=32)