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Student Affairs - Inspiring Student Success

Student Rights

 


Rights of the Victim:  

Any member of the University community who alleges that a student violated his/her rights is entitled to procedural protections under the Code, including the right:

1.     To consult with the Student Conduct Administrator or designated representative in confidence; however, the University cannot guarantee complete confidentiality, notably where confidentiality would conflict with the University’s obligation to investigate.

2.     To file or decline to file a complaint with the Student Conduct Administrator.

3.     To receive notice that complaints to federal, state or local law enforcement may be appropriate under the circumstances.

4.     In a sexual misconduct case, to request assistance from University personnel in submitting complaints to appropriate law enforcement authorities.

5.     To request assistance in locating medical, counseling, mental health or other student services.

6.     To request accommodations, such as a different housing assignment or class schedule, as a result of the charged student’s conduct. The Vice President for Student Affairs or designated representative will determine whether requested accommodations are reasonably available.

7.     To request that a No Contact Order be issued.  The Vice President for Student Affairs or designated representative will determine whether such an order should be issued.

8.     To have a University complaint reviewed according to the procedures below if the Student Conduct Administrator refuses to accept the complaint.

9.     As a complainant, to access the conduct file, including all statements submitted in the conduct proceeding, except as prohibited by the Family Educational Rights and Privacy Act (“FERPA”) or other federal, state, or local law.

10.  To appear and be heard at the charged student’s Hearing.

11.  To request special accommodations for the Hearing, such as testimony by telephone or special seating arrangements at the Hearing. The Student Conduct Administrator or designated representative has sole discretion and final authority to determine whether accommodations are justified by the nature of the alleged conduct.

12.  To challenge Hearing Board members on the ground of personal bias and have such questions resolved by the Student Conduct Administrator or designated representative.

13.  To have a complaint resolved without discrimination on account of his/her actual or perceived gender, race, color, religion, age, national origin, ethnicity, disability, veteran’s status, sexual orientation, marital status, gender identification or any other basis prohibited by law.

14.  To have a willing advisor of his/her choice throughout the investigation and resolution of a complaint, selected from faculty, staff or students of the University; a victim shall not select a witness in the matter, a practicing attorney, or a campus police officer as an advisor.

15.  As a complainant, to identify witnesses to be called at the Hearing, subject to provisions requiring that advance notice be provided to the University Investigator of such witnesses and setting forth the Chair’s control over the order of the Hearing.

                                                                                                      

16.  As a complainant, to question witnesses through the University Investigator at the Chair’s discretion.

17.  To submit a written or oral statement concerning the charged conduct prior to a decision on violation.

18.  As a complainant, to submit a written or oral statement, in the event of a finding of violation, concerning an appropriate sanction. 

19.  As a complainant, to submit a written statement to the Appellate Panel concerning any request for appeal by the charged student.

20.  To receive reasonable protection from retaliation, intimidation or harassment in response to a complaint.

21.  As a complainant in a sexual misconduct case, to be informed of the final determination and sanction.

22.  As a complainant, to appeal a finding that the charged student did not violate the Code.

23.  To notice and an opportunity to be heard when a charged student requests that the University void conduct records involving the victim.

24.  To be informed, in writing, of the foregoing rights under the Code.



Rights of the Charged Student:

A student charged with a violation of the Code of Student Conduct is entitled to procedural protections under the Code, including the right:

 

1.     To receive written notice of charges accepted by the Student Conduct Administrator 

2.     To access the conduct file, including all statements submitted in the conduct proceeding, except as prohibited by FERPA or other federal, state, or local law. 

3.     To be considered not to have violated the Code until found in violation of the Code after an opportunity to be heard.

4.     To request that the University defer a conduct action pending resolution of a criminal investigation or proceeding, except in cases involving allegations of sexual misconduct.

5.     To appear and be heard at a Hearing. 

6.     To remain silent. Silence will not be interpreted as an admission of responsibility.

7.     To have a willing advisor of his/her choice throughout the investigation and resolution of a complaint, selected from faculty, staff or students of the University; a charged student shall not select a witness in the matter, a practicing attorney, or a campus police officer as an advisor.

8.     To challenge Hearing Board members on the ground of personal bias and have such questions resolved by the Student Conduct Administrator or designated representative.

9.     To have a complaint resolved without discrimination on account of his/her actual or perceived gender, race, color, religion, age, national origin, ethnicity, disability, veteran’s status, sexual orientation, marital status, gender identification or any other basis prohibited by law.

10.  To identify witnesses to be called at the Hearing, subject to provisions requiring that advance notice be provided to the University Investigator of such witnesses and setting forth the Chair’s control over the order of the Hearing.

11.  To question witnesses through the University Investigator at the Chair’s discretion.                                                                                                      

12.  To submit a written or oral statement concerning the charged conduct prior to a decision on violation.

13.  To submit a written or oral statement, in the event of a finding of violation, concerning an appropriate sanction.

14.  To receive a copy of any statement by the Hearing Board accompanying its determination.

15.  To submit a written statement to the Appellate Panel concerning any request for appeal by the complainant.

16.  To appeal a finding of violation of the Code or sanctions imposed.

17.  To request, upon a showing of good cause and notice to the complainant and victim, that the University void a conduct record.

18.  To receive reasonable protection from retaliation, intimidation, harassment or malicious prosecution.

19.  To be informed, in writing, of the foregoing rights under the Code.

 

Division of Student Affairs, Tulane University, New Orleans, LA 70118 504-314-2188 studnaff@tulane.edu