Major Matter Investigation Process

The investigation process is instituted in cases that may result in a separation from the university community (i.e. suspension or expulsion). All hearings will be closed and attendance will be limited to the accused student or group and his/her/its university approved advisor, the complainant and his/her/its university approved advisor, the Hearing Board Members or Conduct Officer, the Investigator, the Hearing Board Chair, and necessary security personnel if required. A witness will attend the Hearing for his/her testimony only and will be excused after his/her testimony is complete. If the accused student and complainant consent, a Conduct Officer may observe a hearing for purposes of training. In issues involving sexual and/or gender-based harassment and violence, the Code allow for the use of an advisor outside of the university community.

Major Matter Investigation Procedure:

Procedural Meeting. The Student Conduct Administrator or designee will meet separately with the respondent and complainant to provide a written statement outlining their rights and details of the investigation process.

Impartial Investigator. The Investigator shall be fair and impartial. If applicable, the Investigator shall disqualify themselves on grounds of personal bias. The Student Conduct Administrator or designated representative has final authority to resolve any questions of personal bias.

Investigation. During the investigation, the Investigator will provide the individuals a fair and equal opportunity to be heard, opportunities to submit information, and to identify witnesses who may have relevant information. The Investigator will speak separately with individuals who are willing to participate and have information relevant to the determination of responsibility. As part of the investigation, the Investigator may gather or receive information that is relevant to the determination of appropriate consequences, including information about any impacts on any member of the Tulane community. The investigator will also gather available physical or documentary evidence, including prior statements, any relevant communications, e-mail messages, social media materials, text messages, and other records as appropriate and available.

The Investigator will prepare a written report that summarizes the information gathered, synthesizes the areas of agreement and disagreement among or between individuals and/or organizations with any supporting information or accounts, and includes an investigative finding regarding whether any rule has been violated. However, before the report is finalized, necessary individuals and/or organizations will be given the opportunity to review a draft of the investigation report, which may be presented in redacted format to protect the privacy rights of individuals involved in the investigation.

Upon receipt of any additional information from individuals and/or organizations involved in the process, or after the ten (10) business day comment period has lapsed without comment, the Investigator will make a final investigative determination, by a preponderance of the evidence, regarding whether a rule transgression has occurred and will recommend consequences, if any. In reaching these determinations, the investigator may consult with the Office of Institutional Equity, the Title IX Coordinator, and any designated administrator who has information relevant to the investigation. The investigator may also seek information from the Office of Student Conduct regarding prior disciplinary history and Tulane University Police Department regarding prior criminal history.

Advisor. Advisors may not participate in the proceedings except to advise the complainant or respondent. In Title IX Sexual Harassment cases, advisors have a more involved role in live hearings. 

Investigator. With the exception of regulatory, live Title IX hearing processes, the Investigator participates when the Student Conduct Administrator or designee determines the allegations are a major matter. The Investigator serves as a specially-trained, neutral party. When involved, the Investigator will decide responsibility and recommend sanctions. 

Witnesses and Testimony. The respondent and complainant shall be offered the opportunity to identify their own witnesses and to question one another's witnesses through the Investigator. The Investigator has the discretion to determine the relevance of any witness or other evidence to the finding of responsibility, and may exclude information in preparing the investigation report if the information is irrelevant, immaterial, or more prejudicial than informative. The Investigator may also exclude statements of personal opinion by witnesses and statements as to general reputation for any character trait, including honesty. Under this Code, “character evidence” is defined as: information that does not directly relate to the facts at issue, but instead reflects upon the reputation, personality, qualities, or habits of an individual. Generally, information regarding character is not relevant to the determination of whether there has been a violation of this Code.

• All members of the University community with knowledge of facts pertinent to the case are expected to cooperate fully in conduct proceedings and investigations. A witness's unreasonable failure to cooperate in conduct proceedings may result in conduct action.  
• All persons who provide information shall be asked to affirm that their statements are truthful. Furnishing false information to the University may result in the filing of conduct charges against students.

Impact Statement. The complainant and respondent will be provided the opportunity to submit a written Impact Statement. These written Impact Statements will not be considered in the determination of responsibility, but will be provided to the Investigator, and at the appropriate stage of the process, to the disciplinary authority or Hearing Panel for consideration in the determination of the sanction and remedy. The Impact Statement may be submitted at any time in the process, provided that it is received no later than ten (10) business days after the parties have been given notice of the opportunity to review the draft Investigative Report. The Investigator may also consider a community Impact Statement as appropriate based on the nature and facts of the circumstances and the extent to which the conduct at issue was directed at and created a hostile environment for community members beyond the Reporting Party. The investigator may limit the submission or use of community Impact Statements. Respondents will be notified of the final Investigative determination in writing and at the same time, via e-mail. The final investigative determination may be redacted in light of privacy rights of impacted individuals.

Determination. In investigations of major matters with organizational respondents, the Investigator will submit their findings to the Student Hearing Panel. After reviewing the Investigator’s findings and rationale, the panel will recommend consequences for the organization. The chairperson will then forward the Investigator’s findings, along with the panel’s recommendations and a brief description of the proceedings to the Assistant Vice President for Campus Life or designee, who may choose to accept or reject the recommendations regarding transgressions and consequences. The Assistant Vice President for Campus Life or designee reviews the recommendations and consequences from the student hearing panel, and may adjust them before they become final, subject to an organization’s right to appeal.

In investigations of major matters with student respondents, the Investigator determines a finding and corresponding consequences. In determining the appropriate consequences, the investigator shall consider the following factors:

• the nature of any behavior, including violence;
• the impact of behavior on other individuals or groups;
• the impact or implications of the behavior on the community or the University;
• prior transgressions, both at the University or elsewhere, including criminal convictions;
• whether a student or student organization has accepted responsibility for the conduct;
• maintenance of a safe and respectful environment conducive to learning;
• protection of the University community;
• any applicable professional standards of behavior;
• and any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each matter

Timeline. In general, Tulane University will seek to conclude the investigation within 180 business business days from the issuance of the notice of investigation, although special circumstances may extend this time frame. The time frame for completion of the investigation, or any designated time frames of steps in the investigation, may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, to comply with a request by external law enforcement, to accommodate the availability of witnesses, to account for Tulane University breaks or vacations, to account for complexities of a case (including the number of witnesses and volume of information provided by the parties), or to address other legitimate reasons as defined by the investigator. Any extension of the timeframe, and the reason for the extension, will be shared with the impacted individuals in writing. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.