An organization charged with a violation of the Code of Student Conduct is entitled to procedural protections under the Code, including the right:
To receive written notice of charges accepted by the Student Conduct Administrator and the date of the Hearing. This notice will be sent to the organization's president through Tulane's electronic mail and must be opened using the organization's identification number.
To access the conduct file, including most statements submitted in the conduct proceeding and 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 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. New Member information may be protected.
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 Section III.E.
To have a designated student representative appear and be heard at a Hearing. One to two members can attend the hearing with one individual being the official designated student representative.
As an accused organization in a case involving gender-based personal violence, as defined in Section III.E, to have a willing advisor of the organization's choice throughout the investigation and resolution of a complaint; an accused organization in such a case shall not select a witness in the matter as an advisor. As an accused organization 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. A fraternity or sorority may use a designated member of their alumni/graduate advisory board.
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.
To request that a Hearing Board have a different makeup. The Vice President for Student Affairs or designated representative has discretion regarding whether to grant this request.
To challenge Hearing Board members on the ground of personal bias and have such questions resolved by the Student Conduct Administrator or designated representative. Such challenges should be directed 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.
To have a complaint resolved without discrimination on account of the organization membership's 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 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, 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.
To question witnesses at the hearing through the University Investigator 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 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.