2012-13 Tulane Student Guide

grossly disproportionate to the offense, the student was denied a fair hearing, new and significant evidence appeared which could not have been discovered by a properly diligent charged student or complainant before or during the original hearing and that could have changed the outcome of the hearing, that the finding of a violation was arbitrary and capricious, etc.

Failure to request an appeal in writing or to provide a written statement in support of the appeal will render the original decision final.

The Student Conduct Administrator, or designated representative, will notify the other party of the request for an appeal. Within five working days of receipt of the notice, the other party may submit a written statement to be included in the case file. The appeal may proceed without the other party’s written statement if it is not submitted within the designated time limit.

3. The enforcement of sanctions may be deferred during appellate proceedings, at the discretion of the Vice President for Student Affairs or designated representative.

VIII. Summary of Procedural Rights A. Rights of the Victim. Any member of the University community who alleges that a student violated his/her rights is entitled to procedural protections under the Code, including the right: 1. 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.

2. To file or decline to file a complaint with the Student Conduct Administrator.

3. To receive notice that complaints to federal, state or local law enforcement may be appropriate under the circumstances.

4. In a sexual misconduct case, to request assistance from University personnel in submitting complaints to appropriate law enforcement authorities.

5. To request assistance in locating medical, counseling, mental health or other student services.

6. 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.

7. To have a University complaint reviewed according to the Hearing Procedures above if the Student Conduct Administrator refuses to accept the complaint.

8. As a complainant, to access the conduct file, including all statements submitted in the conduct proceeding.

9. To appear and be heard at the charged student’s Hearing.

10. To request special accommodations for the Hearing, such as questioning directed through the Hearing Board, testimony by telephone 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.

11. To challenge Hearing Board members on the ground of personal bias and have such questions resolved by the Student Conduct Administrator or designated representative.

12. To have a complaint resolved without discrimination on account of his/her actual or perceived gender, race, color, religion, age, national origin, ethnicity, disability, veteran’s status, sexual orientation, marital status, gender identification or any other basis prohibited by law.

13. To have a willing advisor of his/her choice throughout the investigation and resolution of a complaint, selected from faculty, staff or students of the University; a victim shall not select a witness in the matter, a practicing attorney or a campus police officer as an advisor.

14. As a complainant, to bring witnesses to the Hearing, subject to the chair’s control over the order of the Hearing.

15. As a complainant, to question witnesses presented by the charged student.

16. To submit a written or oral statement concerning the charged conduct prior to a decision on violation.

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