Student Rights & Responsibilities 

• 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.
   
• To decline or opt to participate in any conduct investigation or proceedings.
   
• To receive notice that complaints to federal, state or local law enforcement may be appropriate under the circumstances.
   
• In cases involving gender-based personal violence, as defined in the Code of Student Conduct, to request assistance from University personnel in submitting complaints to appropriate law enforcement authorities.
   
• To request assistance in locating medical, counseling, mental health, or other student services.
   
• 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.
   
• 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.
   
• To have a University complaint reviewed according to the procedures set forth in the Code of Student Conduct, if the Student Conduct Administrator refuses to accept the complaint.
   
• To appear and be heard at the accused student's hearing or during an investigation. 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.
   
• To request special accommodations for the hearing or investigation, 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.
   
• To have a complaint resolved without discrimination on account of their 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.
   
• To submit a written or oral statement concerning the charged conduct prior to a decision on violation.
   
• As a complainant, to submit a written or oral statement, in the event of a finding of violation, concerning an appropriate sanction.
   
• To receive reasonable protection from retaliation, intimidation or harassment in response to a complaint.
   
• To notice and an opportunity to be heard if a charged student requests that the University void conduct records involving the victim.
   
• To serve as the Complainant by notifying the Student Conduct Administrator in writing in advance of the hearing of their intention to serve in this role.
   
• 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.

• In a case involving gender-based personal violence, as defined in the Code of Student Conduct, 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.
   
• 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.
   
• To request that a case that would normally be heard by a Student Hearing Panel be heard through an Administrative Hearing. The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request.
   
• To challenge Student Hearing Panel members or the University Investigator on the ground of personal bias. Complainants should direct such challenges either in writing to the Student Conduct Administrator in advance of the Student Hearing Panel or investigation, 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.
   
• In a case involving gender-based personal violence, as defined in the Code of Student Conduct, to have a willing advisor of their 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.
   
• To identify witnesses to be interviewed by the Investigator.
   
• To question witnesses through the University Investigator or during a Student Hearing Panel at the Chair's discretion.
   
• To have access to a copy of the investigation report or any statement submitted by the Student Hearing Panel, except as prohibited by FERPA or other federal, state, or local law. Requests to access any statement must be made in writing to the Office of General Counsel.
   
• In cases involving a crime of violence and/or gender-based personal violence, as defined in the Code of Student Conduct, to be informed of the final determination and sanction.
   
• To submit a written statement to the Appellate Panel concerning any request for appeal by the charged student.
   
• To appeal a finding that the charged student did not violate the Code of Student Conduct.
   
• In cases involving gender-based personal violence, as defined in the Code of Student Conduct, to appeal sanctions as disproportionate.

• To receive written notice of an investigation and corresponding meetings, official charges, and hearing dates. This notice will be sent through Tulane's electronic mail.
   
• 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.
   
• To be considered not to have violated the Code until found in violation of the Code after an opportunity to be heard.
   
• 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 the Code of Student Conduct.
   
• To appear and be heard during an investigation or at a Hearing.
   
• To remain silent. Silence will not be interpreted as an admission of responsibility.
   
• As an accused student in a case involving gender-based personal violence, as defined in Code of Student Conduct, to have a willing advisor of their 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.
   
• To request that a case that would normally be heard by a Student Hearing Panel be heard through an Administrative Hearing. The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request.
   
• To challenge the Investigator or Student Hearing Panel 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 investigation or Student Hearing Panel, 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.
   
• To have a complaint resolved without discrimination on account of their 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.
   
• To request special accommodations for the investigation or 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.
   
• To identify witnesses to be interviewed by the Investigator.
   
• To question witnesses during through the University Investigator or during a Student Hearing Panel at the Chair's discretion.
   
• To submit a written or oral statement concerning the charged conduct prior to a decision of responsibility. To submit a written or oral statement, in the event of a finding of responsibility, concerning an appropriate sanction.
   
• To have access to a copy of the investigation report or any statement submitted by the Student Hearing Panel accompanying its determination, except as prohibited by FERPA or other federal, state, or local law. Requests to access any statement by the Student Hearing Panel 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.
   
• To submit a written statement to the Appellate Panel concerning any request for appeal by the complainant.
   
• To appeal a finding of violation of the Code or sanctions imposed.
   
• To request, upon a showing of good cause and notice to the complainant and victim, that the University void a conduct record.
   
• To receive reasonable protection from retaliation, intimidation, harassment or malicious prosecution.
   
• To be informed, in writing, of the foregoing rights under the Code.

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:

1. 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.
    

2. 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.
    
3. 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.
    
4. 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.
    
5. 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.
    
6. 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.
    
7. 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.

1. 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.
    
2. 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.
    
3. 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.
    
4. 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.
    
5. 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.