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 seriousness of the alleged misconduct, including whether the allegations involve violence, threats of violence, drugs or alcohol, or sexual misconduct and sexual assault, stalking, dating and relationship violence, or sexual harassment;
- whether the alleged victims or witnesses are members of the campus community;
- whether the off-campus conduct occurred at, or in connection with, activities of a student organization or group;
- the ability of the University to gather information, including the testimony of witnesses;
- whether the off-campus conduct is part of a series of actions that occurred both on and off campus or otherwise concerns an identifiable interest of the University;
- and whether the misconduct had a significant negative impact on the University community, University property, or the University's reputation.
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:
- Sexual Misconduct. Sexual misconduct includes, but is not limited to, non-consensual sexual behavior. Sexual misconduct includes sexual assault and non-consensual sexual contact. Lack of consent may result from, among other things, use of force, threats, coercion, or intimidation or from use of the victim's mental or physical helplessness of which the accused was or should have been aware.
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.
- Domestic Violence or Abuse. Domestic violence or abuse is an act or threatened act of violence or abuse against a current or former spouse, family member, intimate partner, or person with whom the person shares a child in common. Domestic violence or abuse includes, but is not limited to, physical violence, injury, or intimidation, sexual violence or abuse, emotional and/or psychological intimidation, verbal abuse, threats, or harassment, stalking, or economic control. It can occur in opposite-sex and same-sex relationships.
- Dating and Relationship Violence or Abuse. Dating and Relationship Violence or Abuse is an act or threatened act of abuse or violence in a social relationship of a romantic or intimate nature. Dating and relationship violence or abuse includes, but is not limited to, physical violence, injury, or intimidation, sexual violence or abuse, emotional and/or psychological intimidation, verbal abuse, threats, or harassment, stalking, or economic control. The existence of a "romantic or intimate" relationship is determined based upon the victim's perspective and in consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. It can occur in opposite-sex and same-sex relationships. It can occur in opposite-sex and same-sex relationships.
- Stalking. Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear and/or threaten his/her safety, mental health or physical health. Stalking includes behaviors or activities occurring on more than one occasion that collectively would reasonably instill fear in the victim and/or threaten his/her safety, mental health or physical health. Examples of behaviors that may constitute stalking include, but are not limited to, non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, written letters, gifts, or any other communications that are undesired and place another person in fear. Use of online, electronic, or digital technologies, or pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim could also constitute stalking.
- Sexual Harassment or Intimidation. Sexual harassment is unwelcome behavior of a sexual nature by faculty, administrators, staff, students, and individuals affiliated with Tulane University by contract (including non-employees, such as vendors and independent contractors) or by anyone with whom one interacts in order to pursue educational or employment activities at the University. For the purposes of this policy, sexual harassment is defined as unwelcome advances, requests for special favors, and any other verbal, written, physical or other conduct of a sexual nature when:
Submission to such conduct is implicitly or explicitly made a condition of an individual's participation in University programs, activities, employment, or educational status;
Submission to or rejection of such conduct is used as a factor in employment or academic decisions; or
Such conduct would be objectively regarded by a reasonable person as having the purpose or effect of interfering with an individual's ability to learn or work or participate in University programs or activities by creating an intimidating, hostile, or offensive environment even if the person engaging in the conduct does not intend to interfere, intimidate, or be hostile or offensive.
- Sexual Exploitation. Sexual Exploitation is an act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person's sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio- or videotaping of sexual activity, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without his or her knowledge.
- Additional Definitions and Considerations.
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.
- Attempts and accomplices: Attempts to commit acts prohibited by the Code may be punished to the same extent as actual violations. Accomplices in acts prohibited by the Code may be punished as violators.
- Behavior Relating to Both Health and Conduct: Medical or psychological conditions may not serve as a defense for misconduct and are only relevant as a potential mitigating factor in determining sanctions.
- Student Groups and Organizations: Registered and unregistered student groups or organizations may be charged with violations of the Code. Officers, or other leaders or spokespersons, are responsible for the conduct of their members at events recognized and sponsored by the group or organization if and only if the leader or spokesperson has implicitly or explicitly endorsed any violation of the Code. A student group or organization and its officers may be held collectively or individually responsible for violations of the Code by those associated with the group or organization. Charges against a student group for violation of the Code are subject to the same procedure as charges against a student. Further, the officers, leaders or spokespersons for a student group or organization may be directed by the Vice President for Student Affairs or designated representative to take reasonable actions to end violations of the Code. This section supplements the provisions governing groups and their officers and members set forth in Section III,D.9.
- Responsibility of Student Hosts: A student host may be held responsible for violations of the Code by guests if and only if the host has implicitly or explicitly endorsed the conduct violation of their guest. This responsibility includes ensuring that guests comply with the Code.
- Traffic Violations: Violations of traffic regulations on campus are handled by the Department of Public Safety and generally are not considered to be conduct matters. If a student fails to cooperate with this office, he/she may be referred to the Vice President for Student Affairs or designated representative for conduct action.
