The University has jurisdiction over violations of the Code of Student Conduct on University premises, at University sponsored events, or elsewhere when the University has an identifiable interest. The Student Conduct Administrator or designated representative has discretion, subject to discretionary review by the Vice President for Student Affairs, to determine the jurisdiction and parameters of the Code of Student Conduct. The Student Conduct Administrator or designee may consider the following factors, among others:
The Code of Student Conduct applies to all students enrolled at Tulane University, including students enrolled in undergraduate, graduate, professional, and continuing studies programs. For conduct purposes, a student is enrolled when he/she accepts admission to the University and is deemed enrolled during orientation, summer sessions, study abroad programs, academic and conduct suspensions, and other absences where there is an expectation of continuing progress toward a Tulane University degree. If a student has graduated, withdraws, drops out, or is granted withdrawal from the University, including a retroactive one, he/she may still be required to resolve charge(s) arising from an alleged violation of the Code while he/she was enrolled.
Graduate and professional students are held accountable for their behavior as outlined in the Code of Student Conduct. For certain complaints, graduate and professional students also may be held accountable for their behavior through professional standards, codes of ethics, or honor codes. This does not preclude the University from taking action in accordance with the Code of Student Conduct. No graduate or undergraduate student can have multiple hearings for the same offense.
Violation of any of the standards of conduct may, depending on the facts of the case and the student or group's conduct history, result in sanctions including suspension or expulsion. Violation of certain standards, including any incident involving the harm or threat of harm to another, a violation of the University's Weapons Policy, the distribution or possession for purpose of distribution of any controlled substance or illegal drug, hazing, the initiation of fire, sexual misconduct and sexual assault, stalking, dating and relationship violence, or sexual harassment is likely to result in suspension or expulsion.
In any case when the Student Conduct Administrator or designated representative determines that a violation may result in suspension or expulsion, whether because of the facts of the case or because of the student or group's conduct history, that case generally shall be heard by a hearing board if not resolved through a pre-hearing conference with the Student Conduct Administrator or designee. At the Vice President for Student Affairs' discretion and if the accused student and complainant consent, the case may be heard through an Administrative Hearing.
As set forth in the University's Parental Notification Policy and as permitted by FERPA, parents or guardians of students found to have violated certain standards of conduct, including those standards related to drugs or alcohol or involving acts of violence, may be notified.
It is a violation of the Code of Student Conduct to commit or attempt to commit any act of Gender-Based Personal Violence or Abuse. The term Gender-Based Personal Violence or Abuse includes sexual misconduct, sexual assault, non-consensual sexual contact, sexual harassment, sexual exploitation, stalking, and domestic and dating violence or abuse. Gender-Based Personal Violence or Abuse can occur in opposite-sex and same-sex relationships and regardless of sex and gender identity. Gender-Based Personal Violence or Abuse may vary in its severity and consists of a range of behaviors including the following categories:
a. Sexual Assault: Having or attempting to have sexual intercourse, cunnilingus, or fellatio without Consent. Sexual intercourse means anal or vaginal penetration by a penis, tongue, finger, or inanimate object.
b. Non-Consensual Sexual Contact: Any intentional sexual touching, or attempted sexual touching, without Consent. Sexual touching includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner.
a. Consent. Consent is a voluntary agreement to engage in sexual activity. Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Past consent does not imply future consent, and Consent to engage in one form of sexual activity does not imply Consent to engage in a different form of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Consent must be knowing and voluntary. To give Consent, a person must be awake, of legal age, and have the capacity to reasonably understand the nature of her/his actions. Individuals who are physically or mentally incapacitated cannot give Consent.
Silence, without actions evidencing permission, does not demonstrate Consent. Where force, threats, or coercion is alleged, the absence of resistance does not demonstrate Consent. Force, threats, or coercion invalidates consent. The responsibility of obtaining Consent rests with the person initiating sexual activity.
Use of alcohol or drugs does not diminish one's responsibility to obtain Consent or negate one's intent.
Consent to engage in sexual activity may be withdrawn by either person at any time. Once withdrawal of Consent has been clearly expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving Consent (due to falling asleep or passing out into a state of unconsciousness, for example).
b. Incapacitation. An individual who is incapacitated is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, either voluntarily or involuntarily, due to an intellectual or other disability that prevents the student from having the capacity to give consent, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if he/she/they demonstrate that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators that an individual is incapacitated due to intoxication may include, but are not limited to, vomiting, unresponsiveness, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, lack of awareness of circumstances or surroundings, or inability to perform other physical or cognitive tasks without assistance.
The relevant standard that will be applied is whether the accused student knew, or a sober reasonable person in the same position should have known, that the other party was incapacitated and therefore could not consent to the sexual activity.
The University considers sexual contact while under the influence of alcohol or drugs to be risky behavior. Alcohol and drugs impair a person's decision-making capacity, awareness of the consequences, and ability to make informed judgments. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct and does not excuse one from the responsibility to obtain consent.