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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 decline or opt to participate in any conduct investigation or proceedings.

 

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

 

4.     In cases involving gender-based personal violence, as defined in Section III.E, 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 set forth in Section V.D if the Student Conduct Administrator refuses to accept the complaint.

 

9.     To appear and be heard at the charged student's hearing.  A victim has the right to decline to participate in an investigation or hearing and to remain silent.  A victim's decision not to participate may hinder the ability of the University to investigate a report or decrease the likelihood ="">that the accused student will be found responsible for violating Tulane's policies. 

 

10.  To request special accommodations for the hearing, such as testimony by telephone, video-conferencing, 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.

 

11.  To have a complaint resolved without discrimination on account of his/her actual or perceived race, sex, color, religion, national origin, age, disability, genetic information, sexual orientation, gender identity, gender expression, pregnancy, marital status, military status, veteran's status,  or any other status or classification prohibited by federal, state, or local law.

 

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

 

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

 

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

 

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

 

16.  To serve as the Complainant by notifying the Student Conduct Administrator in writing in advance of the hearing of his/her intention to serve in this role.       

 

17.  To be informed, in writing, of the foregoing rights under the Code within a reasonable time after the Division of Student Affairs becomes aware that the victim's rights have been alleged to have been violated.


 


Rights of the Complainant:


Any member of the University community who alleges that a student violated his/her rights is entitled to serve as the Complainant by notifying the Student Conduct Administrator in writing in advance of the hearing of his/her intention to serve in this role.  Complainants are entitled to procedural protections under the Code, including the right:

 

1.     As a complainant in a case involving gender-based personal violence, as defined in Section III.E, to receive written notice of charges accepted by the Student Conduct Administrator and the date of the hearing.  This notice will be sent through Tulane's electronic mail.

 

2.     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.  Requests to access the conduct file must be made in writing to the Student Conduct Administrator. Requests to receive a copy of a conduct file must be directed to the Office of General Counsel.

 

3.     As a complainant, to request that a case that would normally be heard by a Hearing Board be heard through an Administrative Hearing.  The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request. 

 

4.     As a complainant, to request that a Hearing Board have a different makeup (e.g., that no student sit on the panel).  The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request.

 

5.     As a complainant, to challenge Hearing Board members on the ground of personal bias.  Complainants should direct such challenges either in writing to the Student Conduct Administrator in advance of the Hearing Board or verbally on the record to the Hearing Chair at the Hearing.  Such questions will be resolved by the Student Conduct Administrator or designated representative. 

 

6.     As a complainant in a case involving gender-based personal violence, as defined in Section III.E, to have a willing advisor of his/her choice throughout the investigation and resolution of a complaint; a victim in such a case shall not select a witness in the matter as an advisor.  As a complainant in any other case, this advisor must be selected from faculty, staff or students of the University and shall not be a witness in the matter, a practicing attorney, or a campus police officer as an advisor.  An advisor may not speak on the student's behalf during the hearing.

 

7.     As a complainant, to identify witnesses to be interviewed by the Investigator, subject to provisions requiring that advance notice of at least 5 business days be provided to the University Investigator of such witnesses, absent exceptional circumstances and setting forth the Chair's control over the order of the Hearing.

                                                                                                                    

8.     As a complainant, to question witnesses at the hearing through the University Investigator at the Chair's discretion.

 

9.     As a complainant, to have access to a copy of any statement by the Hearing Board accompanying its determination, except as prohibited by the Family Educational Rights and Privacy Act ("FERPA") or other federal, state, or local law.  Requests to access any statement by the Hearing Board must be made in writing to the Student Conduct Administrator.  Requests to receive a copy of this statement must be directed to the Office of General Counsel.

 

10.  As a complainant in cases involving a crime of violence and/or gender-based personal violence, as defined in Section III.E, to be informed of the final determination and sanction.

 

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

 

12.  As a complainant, to appeal a finding that the charged student did not violate the Code of Student Conduct. 

 

13.  As a complainant in cases involving gender-based personal violence, as defined in Section III.E, to appeal sanctions as disproportionate.


 

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 and the date of the Hearing.  This notice will be sent through Tulane's electronic mail.

 

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.  Requests to access the conduct file must be made in writing to the Student Conduct Administrator.  Requests to receive a copy of a conduct file must be directed to the Office of General Counsel.

 

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 gender-based personal violence, as defined in Section III.E.

 

5.     To appear and be heard at a Hearing.

 

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

 

7.     As an accused student in a case involving gender-based personal violence, as defined in Section III.E, to have a willing advisor of his/her choice throughout the investigation and resolution of a complaint; an accused student in such a case shall not select a witness in the matter as an advisor.  As an accused student in any other case, this advisor shall be selected from faculty, staff or students of the University and shall not be a witness in the matter, a practicing attorney, or a campus police officer as an advisor.  An advisor may not speak on the student's behalf during the hearing.

 

8.     To request that a case that would normally be heard by a Hearing Board be heard through an Administrative Hearing.  The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request. 

 

9.     To request that a Hearing Board have a different makeup (e.g., that no student sit on the panel).  The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request. 

 

10.  To challenge Hearing Board members on the ground of personal bias and have such questions resolved by the Student Conduct Administrator or designated representative.  Accused students should direct such challenges either in writing to the Student Conduct Administrator in advance of the Hearing Board or verbally on the record to the Hearing Chair at the Hearing.  Such questions will be resolved by the Student Conduct Administrator or designated representative. 

 

11.  To have a complaint resolved without discrimination on account of his/her actual or perceived race, sex, color, religion, national origin, age, disability, genetic information, sexual orientation, gender identity, gender expression, pregnancy, marital status, military status, veteran's status,  or any other status or classification prohibited by federal, state, or local law.

 

12.  To request special accommodations for the Hearing, such as testimony by telephone, video-conferencing, 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.

 

13.  To identify witnesses to be interviewed by the Investigator, subject to provisions requiring that advance notice of at least 5 business days be provided to the University Investigator of such witnesses, absent exceptional circumstances and setting forth the Chair's control over the order of the Hearing.

 

14.  To question witnesses at the hearing through the University Investigator at the Chair's discretion.

                                                                                                                           

15.  To submit a written or oral statement concerning the charged conduct prior to a decision of responsibility.

 

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

 

17.  To have access to a copy of any statement by the Hearing Board accompanying its determination, except as prohibited by the Family Educational Rights and Privacy Act ("FERPA") or other federal, state, or local law.  Requests to access any statement by the Hearing Board must be made in writing to the Student Conduct Administrator.  Requests to receive a copy of this statement must be directed to the Office of General Counsel.

 

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

 

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

 

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

 

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

 

22.  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