Section One
TITLE

1.1This code shall be cited as the University of Louisiana at Lafayette Code of Student Conduct and Appeal Procedures.

Section Two
DEFINITIONS

2.1Vice President - Chief Student Officer for the University.
2.2Dean - reference hereinafter implies the staff of the Dean of Students, any members of the staff of the Department of Student Personnel and/or their designee, unless otherwise specified.
2.3University - the University of Louisiana at Lafayette.
2.4Student - any person who has registered in the university in any way.
2.5University Official - any person employed by the university and assigned administrative or professional responsibilities.
2.6University Employee - any person employed by the university for any purpose.
2.7Ombudsman - informs students of their rights and to protect those rights during deliberations involving disciplinary action and course grade appeal.
2.8University premises or related premises - all lands, buildings and facilities owned, leased or controlled by the university.
2.9Normal University Communication Channels - the use of any university employee to contact a student including but not limited to contact by phone, through class via faculty or by note delivered to the student or to the student’s room or by personal verbal contact and by use of the mail.
2.10Residence Hall - a university owned married student housing unit, a university owned student residence hall or cooperative.
2.11Class Day - a day on which classes or reading periods are regularly scheduled or on which regular semester or summer session final examinations are given.
2.12Complaint - a written statement of the essential facts constituting a violation of a university regulation or rule.
2.13Probative - serving to help prove a point.
2.14Committee - the Student Discipline Committee.

Section Three
ADMINISTRATION OF DISCIPLINE

3.1Under the direction of the President, the Vice President for Student Affairs (or designee) is primarily responsible for administration of student discipline.
3.2The committee consists of eleven (11) members and is composed of four (4) faculty members appointed by the president; two (2) students appointed by the president; and two (2) faculty members and three (3) students recommended by the president of the Student Government Association to the president of the university within the constitutional limits of that body.
3.3The chairman is appointed by the president and shall instruct the committee on student disciplinary policies, rules and hearing procedures. The chairman will conduct the proceedings in a spirit of fair play but any of the chairman’s decisions may be overruled by a simple majority vote of the committee.
3.4All faculty members shall serve for staggered terms; student members are to serve from the first day of appointment until the end of their tenure as a student or until they resign from the committee or fail to maintain a minimum of six (6) credit hours per regular semester. Student members shall be enrolled for a minimum of six (6) credit hours of course work.
3.5The committee will elect a vice-chairman.
3.6A quorum will consist of any six (6) members.
3.7If a member cannot serve, the member shall notify the chairman of the committee and immediately resign; the committee may remove a member by a simple majority vote of the membership for malfeasance of committee responsibilities. In either of the above cases a replacement will be named by the appropriate person for the remainder of the term.

Section Four
INITIATION OF DISCIPLINARY PROCEEDINGS

4.1When the dean (or designee) receives information that a student has allegedly violated any rule or regulation of the Board of Supervisors, the university, or its various divisions, the dean (or designee) shall investigate the alleged violation. After completing the preliminary investigation, the dean (or designee) may:
4.2Dismiss the allegation as unfounded; or
4.3Summon the student for a conference, and after conferring with the student, dismiss the allegation;
4.4Proceed administratively under Section Six if it is determined that the alleged violation may be resolved without requiring committee action; or
4.5Prepare a charge and proceed under Section Seven.
4.6If the alleged violation is not a disciplinary matter, but needs attention, the dean (or designee) will then refer it to the proper university committee or person.

Section Five
SUMMONING A STUDENT

5.1The dean may summon a student to appear in connection with an alleged violation by sending the student a written notice, return receipt requested. The letter shall direct the student to appear at a specified time and place.
5.2A student may also be summoned by the dean using normal university communication channels.
5.3The dean may place on disciplinary probation a student who fails, without good cause, to comply with sub-section 5.1 or 5.2 and may institute proceedings against the student under Section Seven or sub-section 14.13.

Section Six
ADMINISTRATIVE DISPOSITION OF A VIOLATION

6.1The dean may administratively dispose of any violation that the dean determines without a hearing under Section Seven.
6.2If this course of action is pursued, the student and the dean will sign a Letter of Agreement as to the terms of the disposition of the violation. The student must be informed in writing that this Letter of Agreement may be appealed to the committee within seven (7) school days if the student so chooses.
6.3This agreement will remain confidential between the student and the dean’s office except that the committee may have access to these records.
6.4The dean may take action other than by judicial proceedings in any case of student conduct involving health, psychological, or mental disturbance, or other unusual circumstances.
6.5In administratively disposing of a minor violation, the dean may impose any penalty authorized by sub-sections 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.8, 14.9, 14.10 and 14.13.

Section Seven
HEARING

7.1The dean will refer any case that is not settled administratively, or any case that results from violation of administrative Letter of Agreement to the Student Discipline Committee through the chairman.
7.2The chairman presides over the hearing and all matters shall remain confidential.
7.3The duties of the chairman shall be to ascertain that the dean has satisfactorily performed the requirements of Section Eight; and
7.4The chairman shall rule on the admissibility of evidence, motions, and objections to the procedure in accordance with Section Twelve.

Section Eight
DUTIES OF DEANS WITH REFERENCE TO HEARINGS

8.1The dean shall, with concurrence of the chairman:
8.2Set the date, time and place for the hearing and notify the student defendant of same.
8.3Summon students and/or university employees to serve as witnesses and insure the presence of documentary and other evidence requested by the student defendant or the committee;
8.4Report non-compliance of a summons by a university employee to the appropriate administrative official;
8.5Arrange for recording of the hearing as provided in sub-section 13.9;
8.6Arrange for a suitable room, necessary equipment and clerical assistance to the committee for a hearing; and
8.7Present the case on behalf of the university.

Section Nine
NOTICE

9.1The dean shall notify the student defendant by letter of the date, time and place for the hearing. In the event that a student is appealing, the student shall be notified through normal university communication channels as defined in section 2.9. In the event that a hearing must be rescheduled the new date and time shall be communicated through normal university communication channels as defined in section 2.9.
9.2The letter of notice shall be either hand carried, or sent by certified mail, return receipt requested, addressed to the student defendant at the address appearing in the Registrar’s records. If the student defendant is an unmarried minor, a copy of the letter shall be sent to the student’s parents or guardian.
9.3The letter of notice shall specify a hearing date not less than three (3), nor more than ten (10), class days after the date of the letter. If the student desires, the student may, in writing, waive any of the aforementioned time limitations.
9.4The committee chairman, for good cause, may postpone the hearing and shall direct the dean to notify all interested persons of the new hearing date, time and place.
9.5A letter mailed under subsections 9.1 and 9.2 shall direct the student defendant to appear before the committee on the date, time and place specified for the hearing.
9.6The notice shall advise the student defendant of the rights of students in disciplinary hearings: to a private hearing, to appear in person with or without the ombudsman at the hearing, to challenge members of the hearing committee, to summon witnesses and argue on their own behalf, to cross-examine each witness who gives a statement against the student, to view the list of witnesses to be called to give a statement against the student, to view information to be presented in the hearing and to have the right to appeal. The student may have one other person (that person may not be an attorney) in the room who will not be able to speak.
9.7The dean shall have the right to question any witness giving a statement in the student defendant’s behalf or to question the student defendant if the student defendant chooses to give a statement.
9.8The dean may proceed under subsection 14.6 and 14.13 against a student defendant who fails without good cause to comply with a letter sent under this section or, at the dean’s discretion, the dean may proceed with the hearing in the student’s absence.

Section Ten
PRELIMINARY MATTERS

10.1Cases in which charges arise out of a single transaction or occurrence against one or more students may be heard together. However, the committee may grant a separate hearing to any student if the student can demonstrate good cause.
10.2At least one (1) class day prior to the hearing date, the student concerned shall furnish the dean with: the name of each witness that the student wants to be summoned, and a request for a separate hearing (as referenced in 10.1), if desired, and the grounds for such a request.

Section Eleven
CHALLENGES AND RECUSALS OF COMMITTEE MEMBERS

11.1If the accused student or the dean is not satisfied with the fairness or objectivity of any member of the committee, either may challenge that member. Each party is allowed two (2) challenges.
11.2Each side is allowed one (1) pre-emptory challenge and one (1) challenge for cause. In the challenge for cause, the decision of the committee is final.
11.3The challenged member shall leave the hearing room and shall not participate in the deliberation or the voting.
11.4Any committee members wishing to recuse themselves from hearing a particular case may do so by notifying the committee chairman.
11.5Recused committee members shall leave the hearing room and shall not participate in the deliberation or the voting.
11.6Should a quorum be negated through challenge or recusal, the hearing shall proceed as if a quorum were present.

Section Twelve
PROCEDURE

12.1The hearing is informal and the chairman shall provide reasonable opportunities for witnesses to be heard.
12.2The hearing is closed and all matters shall remain confidential.
12.3The following persons may attend: members of the Student Discipline Committee, the dean and the dean’s staff, the student defendant, the Ombudsman, and only one (1) other person accompanying the student defendant. The student defendant may have counsel who may only serve in an advisory role. Only the Ombudsman and the student defendant may address the committee, ask questions of the witnesses and present testimony and rebuttal summations. The counsel may ONLY ADVISE the student defendant.
12.4The committee shall proceed generally as follows during the hearing:
12.5The chairman informs the student of the rights of students in disciplinary hearings as listed in subsection 9.6 and any other information the committee wishes to provide.
12.6The dean or chairman of the Student Discipline Committee reads the charge.
12.7The dean presents the university’s case.
12.8The student defendant presents his/her defense.
12.9The committee members will have an opportunity to question the witnesses.
12.10The dean and the student defendant may present rebuttal information and argument.
12.11Since the burden of proof rests with the university, it will have the last summation.
12.12The committee deliberates in private and decides the issue of responsible or not responsible; the issue will be determined by simple majority of the voting members.
12.13If the committee finds the student defendant responsible or if the student defendant pleads responsible, the dean and the student defendant may present information and argument on an appropriate penalty as provided under Section Fourteen.
12.14The committee then deliberates in private and determines an appropriate penalty and the committee informs the student of the decision and penalty, if any.
12.15The committee chairman will give the decision and penalty in writing to the president of the university for appropriate action.

Section Thirteen
INFORMATION

13.1Legal rules of evidence do not apply to these hearings but the committee may admit and give probative effect to evidence that possesses probative value and is commonly accepted by reasonable people. The committee shall honor the rules of privileged information recognized by law, and in addition, shall recognize as privileged, communication between a student and a member of the staff of the University Student Health Services and the Counseling Center.
13.2The committee shall presume a student defendant not responsible of the alleged violation until it is convinced of the student defendant’s responsibility by clear and convincing information.
13.3A witness shall give a statement and/or produce documentary and other information unless the statement, document or other information is privileged or self incriminating.
13.4A student defendant may not be compelled to testify.
13.5All information shall be offered to the committee during the hearing and made a part of the hearing record.
13.6Documentary information may be admitted in the form of copies or extracts or by incorporation through reference. Other physical information may be admitted in the same manner. Other physical information may be photographed or described for the record.
13.7The committee shall decide the issue of responsible or not responsible and an appropriate penalty solely on the basis of admitted information.
13.8The committee may consider a student defendant’s disciplinary record in determining an appropriate penalty after finding the student responsible of the alleged violation.
13.9A tape recording shall be made of the hearing under the supervision of the dean and shall remain confidential.

Section Fourteen
SANCTIONS

14.1The dean, under Section Six, or the Student Discipline Committee, after a hearing under Section Seven, may impose one or more of the following penalties:
14.2Admonition - a written reprimand from the dean to the student on whom this penalty is imposed.
14.3Warning probation - indicates that further violation of regulations will result in more severe disciplinary action. The dean shall impose warning probation for a period of not more than one (1) calendar year, and the student shall be removed automatically from probation when the imposed period expires.
14.4Disciplinary probation - indicates that further violations may result in suspension. Disciplinary probation may not be imposed for more than two (2) calendar years.
14.5Withholding of a diploma - imposed upon a student who has disciplinary action pending. The penalty terminates on clearance of the disciplinary matter. Withholding of a diploma may be imposed as a disciplinary sanction when appropriate.
14.6Holds to be placed on student’s transcript are as follows:
 
a)A hold will be placed on a student’s transcript that has left the university and has disciplinary action pending or has been suspended from the university and has disciplinary action pending or has been suspended from the university under Section 14.13.
b)A hold will be placed on a student’s transcript when a sanction of 14.14, 14.15 or 14.16 is imposed by the Student Discipline Committee or through a Letter of Agreement.
14.6aIndebtedness - Students who incur a debt to the university and do not clear that debt by pre-registration or regular registration will have their registration or diploma held and not released until the debt is paid. Other action may be taken against a student for indebtedness to the university.
14.7Restitution - reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
14.8Suspension of rights and privileges - an elastic penalty. The dean or the Student Discipline Committee may impose limitations or requirements to fit the particular case. This includes but is not limited to fines to be imposed for various violations. Fines may be assessed to an individual student and/or a group of students (i.e. organizations).
 The following shall apply:

Admonition & warning.........…$15.00
Warning probation....................not less than $25 not more than $49
Disciplinary probation..............not less than $50 not more than $100
Repeat offenses........................doubled
14.9Suspension of eligibility for official athletic and non-athletic extra-curricular activities - may prohibit, during the period of suspension, the student on whom this penalty is imposed from joining a registered student organization; taking part in a registered student organization’s activities, or attending its meeting or functions; and from participating in an official athletic or non-athletic extra-curricular activity. A suspension may be imposed under this subsection for more than one (1) calendar year.
14.10Failing grade - may be assigned to a student for a course in which the student was found guilty of scholastic dishonesty. Lesser penalties may be imposed by the instructor.
14.11Denial of degree - a student found guilty of scholastic dishonesty may be denied a degree.
14.12Voluntary resignation - shall result in assignment of W’s. The agreement and conditions as set forth shall be honored in full by the Student Discipline Committee.
14.13Temporary suspension until administrative hearing can be held - would be used by the dean in the event of a threat of safety to the university community or if a student refuses to answer a summons. Immediate notice shall be given for a hearing. The student will be notified within two (2) school days. The hearing shall be held within three (3) school days of the notification. During the period of suspension the student is prohibited from visiting the university campus without prior approval of the dean, from being initiated into an honorary, social or service organization, and from receiving credit at a component of the university system for scholastic work done in residence or by correspondence or extension.
14.14Suspension from the university - the student is suspended for a specified period of time and may automatically apply for re-entry to the university once this period of time expires. During the period of suspension the student is prohibited from visiting the university campus without prior approval of the dean, from being initiated into an honorary, social or service organization, and from receiving credit at a component of the university system for scholastic work done in residence or by correspondence or extension. Upon suspension the student’s academic record will reflect W’s in the semester in which they were dismissed or grades as recorded by the Registrar. Upon suspension a hold will be placed on the student’s academic record for the duration of the suspension.
14.15Dismissal from the university - a student is suspended for an indefinite period of time with a minimum of one (1) year. The student must fulfill specified requirements as set forth by the Student Discipline Committee and may only be re-admitted by the action of the Student Discipline Committee. The student must present convincing evidence of reform and ability to abide by and respect rules and regulations of the university. During the period of suspension the student is prohibited from visiting the university campus without prior approval of the dean, from being initiated into an honorary, social or service organization, and from receiving credit at a component of the university system for scholastic work done in residence or by the correspondence or extension. Upon dismissal from the university the student’s academic record will reflect W’s in the semester in which they were dismissed or grades as recorded by the Registrar. Upon dismissal a hold will be placed on the student’s academic record for the duration of the dismissal.
14.16Expulsion from the university - a student is expelled from the university and may never return to the university. The student is prohibited from visiting the university campus without prior approval of the dean, from being initiated into an honorary, social or service organization, and from receiving credit at a component of the university system for scholastic work done in residence or by the correspondence or extension. Upon expulsion from the university the student’s academic record will reflect W’s in the semester in which they were dismissed or grades as recorded by the Registrar. Upon expulsion from the university a hold will be placed on the student’s academic record for the duration of the expulsion.

Section Fifteen
STUDENT CONDUCT

15.1The succeeding violations as stated in this section are offenses for which a disciplinary proceeding may be initiated, but the university expects from its students, organizations and various groups or entities who represent or are University related a higher standard of conduct than the minimum required to avoid discipline.
15.2The disciplinary sanctions outlined in Section Fourteen may be applied to any student who commits or attempts to commit, either singly or in concert with others, any of the following acts of misconduct whether or not the violation occurs on university property or in connection with any university authorized activity and not withstanding any action taken by civil authorities on account of the violation if such a violation causes that student to be a clear and present danger or threat to the university community, or impedes and/or deters the university from its purposes, functions, goals or processes.
15.3The university expects all students to obey the law, to show respect for properly constituted authority, to fulfill contractual obligations, to maintain absolute integrity and a high standard of individual honor in scholastic work and personal conduct.
15.4Disregard for the physical well being or rights or property of others.
15.5Physical abuse or threat thereof against any person or persons, or other conduct which threatens or endangers the health or safety of any such person or persons.
15.5bEndangering one's own physical well- being, including but not limited to attempting or threatening suicide
15.6Theft, larceny, embezzlement, bribery, or the temporary taking of the property of another or possession of stolen goods or attempted theft.
15.7Academic cheating or plagiarism.
15.8Unauthorized occupation, unauthorized entry or use of any university facility or university-related facilities or premises.
15.9Unauthorized use or possession on the campus of firearms (to include replicas and air pistols), ammunition, explosives, fireworks, or other dangerous weapons, substances, or materials.
15.10Illegal manufacture, sale, possession or use of narcotics, barbiturates, central nervous system stimulants, marijuana, sedatives, tranquilizers, hallucinogens, and/or other similar known drugs and/or chemicals.
15.11Vandalism, malicious destruction, damage, defacing, or misuse of public or private property, including library materials.
15.12Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other university event or university-authorized event.
15.13Obstructing or restraining the passage of any person at an exit or entrance to the university campus, property, building, and classroom or otherwise denying freedom of ingress and egress on campus.
15.14Setting a fire or the attempt to set a fire on the campus, buildings, or properties or campus related premises without proper authority.
15.15Forgery, alteration, or misuse of any university documents, records, or identification cards.
15.16Furnishing false information with intent to deceive.
15.17Making a false statement and/or making a false report of a crime or university violation.
15.18Gambling.
15.19Failure to promptly meet university related financial obligations.
15.20Unauthorized use, possession, or alteration of fire fighting equipment, safety devices, campus security property, or other emergency or safety equipment.
15.21False Reporting of Emergency. The making of a false report of a bomb, fire or other emergency in any building, structure or facility on university premises or university related premises by means of activating a fire alarm or in any other manner.
15.22Public profanity.
15.22aObscene conduct on the university campus.
15.22bIndecent or lewd conduct, perversions or illicit sexual relations. For complete information regarding the conduct defined under 15.22b used by the Dean of Students Office staff when responding to an allegation of sexual assault, please refer to the Sexual Assault and Abuse Definitions page.
15.23Profanity or abusive or foul language directed toward a person or persons.
15.24Disruption of, or interference with any university academic or non-academic activities.
15.25Disorderly conduct, including rioting, inciting to riot, assembling to riot, raiding, inciting to raid and assembling to raid university units or university related facilities.
15.26Hazing or stalking or physical or mental harassment, in any form on or off the campus.
15.27Burning, or the attempt to burn, candles, incense or any flammable substance which may present a fire hazard, or danger to property or person and/or persons on the university campus.
15.28In order to protect the safety and welfare of students and employees of the university, and to protect the property of the university, it is hereby declared that it shall be a violation of this code for students on any property either owned or controlled by the university not to identify themselves to a university employee by displaying their student identification card in response to a request.
15.29Alcoholic Beverages - possession or consumption of alcoholic beverages in any form on university premises or university related premises, except in those areas of the university premises or university related premises where the President of the University (or designee) has authorized the serving of legal beverages, subject to prescribed regulations.
15.30Violation of any or all published rules governing conduct in residence halls, dining halls, university Union, or conduct on university premises including fraternity and sorority housing or university related premises.
15.31Violation of any published policies, rules and/or regulations, by any official university office such as, but not limited to Housing, Department of Student Personnel, Admissions, Registrar, Business Office, Academic Deans, University Police Department or the Office of the Vice President for Student Affairs.
15.32Failure to follow the directions, instructions or directives of a hall staff, police officers, student workers and others properly delegated.
15.33Interference with performance of duties of any university official or employee including faculty and staff, residence hall staff and student workers.
15.34Theft, sale and/or possession of stolen books or property of another.
15.35Failure to answer a university summons.
15.36Violation of any published rulings of the Board of Supervisors and Board of Regents such as, but not limited to, rules pertaining to university housing.
15.37Failure to maintain a local and/or current mailing and resident address with the Registrar’s Office.
15.38Malfeasance of or misuse of elective or appointive office in a student organization or university committee which is injurious to said organization, its members, or the welfare of the university community. Presidents and students elected or appointed to specific leadership positions are held accountable for the actions of their organization/committee.
15.39Violation of any civil or criminal ordinances or laws if such violation causes that student to be a clear and present danger or threat to the university community, or impedes and/or deters the university from its purposes, functions, goals or processes.
15.40Failure to comply with a Letter of Agreement or any sanction placed on a student by the Student Discipline Committee or Personnel Dean.
15.41Unauthorized or illegal entry into anyone’s room or personal property.

*University Copyright Policy may be viewed in University Copyright Handbook at http://www.louisiana.edu/InfoTech/MediaPrintSvcs/Copyright

Section Sixteen
CONDUCT OF STUDENT ORGANIZATIONS

16.1A student organization is defined as any group of University of Louisiana at Lafayette students and its members who have been officially approved and recognized by the university.
16.2All student organizations must abide by the policies and procedures as outlined by the University Organizations Committee (see current Student Handbook).
16.3Student organizations and their individual members are responsible for knowing and abiding by all university regulations as included in, but not limited to: Code of Student Conduct and Appeal Procedures, Student Handbook, University Catalog, special rules designed by governing groups (example: IFC, Panhellenic, SGA, Union Program Council, etc.), and the University Hazing Policy. In addition, student organizations and their individual members are held responsible for knowing and abiding by all local, state and federal laws.
16.4Student organizations are held accountable for any actions or activities that result in harm or could constitute a hazard to emotional or physical health or safety of members or prospective members of the organization or any other person.
16.5The fact that a student organization is held responsible for actions and activities does not eliminate the individual student’s accountability under the provision of the Code of Student Conduct and Appeal Procedures.
16.6The fact that individual students are held accountable for actions taken while participating in an organization’s activity while representing the organization does not eliminate the accountability of the organization for its actions.
16.7Violation of any stated university policy may result in discipline action taken against the organization as outlined in previous sections of the Code of Student Conduct and Appeal Procedures, and/or may result in action taken by the University Organizations Committee.

Section Seventeen
RECORDS

17.1The university shall maintain for every student who has received any disciplinary sanction from the Student Discipline Committee under Section Fourteen a written disciplinary record, as well as a tape recording of the proceedings, that shall reflect the nature of the charge, the penalty assessed, and any pertinent information. This information shall remain confidential.
17.2At the dean’s discretion, the Registrar shall place on the student’s permanent academic record an entry describing any sanctions imposed on the student by either the dean or the Student Discipline Committee.
17.3The notation “Future Registration Prevented/Discipline Action Pending” may be placed on the transcript of a student or former student by the Registrar at the direction of the dean in order to uphold the purposes, goals and processes of the university.
17.4The university’s policy on release of student education records is stated in the current university catalog under the section entitled “Rules and Regulations.”

Section Eighteen
APPEAL PROCEDURES

Discipline Appeal Procedure
18.1The student shall have the right to appeal any sanction or probation or suspension, dismissal, or expulsion regardless of whether this sanction is imposed by the decision of the dean or the Student Discipline Committee.
18.2The appeal must be made in writing within seven (7) days of the date of the decision.
18.3If the student wishes to appeal the decision of the dean, the student may write a letter of appeal to the chairman of the Student Discipline Committee.
18.4If the student wishes to appeal the decision of the Student Discipline Committee, the student may appeal to the University of Louisiana Board of Supervisors. If the student chooses to appeal to the Board of Supervisors after all administrative procedures have been exhausted at the institutional level, the appeal must be within thirty (30) calendar days of the institution’s decision. The Board’s review is limited to a determination of compliance with established and appropriate procedures at the institutional level. The student shall be notified of the Board’s decision.
Academic Appeal Procedure
18.5The university is dedicated to learning, to the advancement of knowledge, and to the development of ethically sensitive and responsible persons. It seeks to achieve its goals through a sound educational program that encourages independence and maturity. Upon enrolling in the University each student assumes an obligation to obey all rules and regulations, whether of an academic or non-academic nature, made by properly constituted authorities including, but not necessarily limited to, those rules contained in all university publications and in the Code of Student Conduct. Each student is further obliged to preserve faithfully all property provided to the student by the state for educational purposes and to discharge all duties of a student with diligence, fidelity, and honor.
18.6A graduate student who is penalized for the violation of any rule or regulation of the university has the right of appeal. The student may initiate an appeal of the specific rule or regulation in the Office of the Dean of the Graduate School in the case of an academic matter, or in the case of a non-academic matter, under the rules specified by the Code of Student Conduct.
18.7The University of Louisiana at Lafayette tries very hard to insure that its rules, regulations, and policies are fair and impartial and that its faculty and staff apply these in a uniform manner. However, the university also recognizes that the best of rules, regulations, and policies will not take care of every one of a student’s problems. Those students who have a problem which comes into conflict with a university rule, regulation, or policy need to be aware of the circumstances under which their problem will receive the personalized attention of the university. To provide that information to each one of UL Lafayette’s students, the following guide to appealing the application of rules, regulations, or policies and/or the actions of a faculty or staff member is presented.
18.8Academic Suspension - A student placed on academic suspension may appeal for waiver of suspension provided the student can present documented evidence to substantiate extenuating circumstances which interrupted the student’s academic program. Extenuating circumstances might include, but are not limited to, prolonged medical problems, death in the immediate family, natural disaster, and military obligations. Students must provide documented proof of extenuating circumstances showing direct due cause.
 A student may appeal for a waiver of suspension by following the steps listed below:
 
1)Contact Junior Division two (2) weeks prior to the beginning of the semester in which the student wishes to return to UL Lafayette. An appointment will be scheduled with a Junior Division Counselor to complete an academic performance plan.
2)Write a letter of appeal to the Committee on Academic Affairs and Standards following the approved format.
3)Take or mail the letter to the student’s academic dean.
4)Arrange for a personal interview with the academic dean who will then present the appeal to the Committee on Academic Affairs and Standards, a council of administrators, faculty and students, which will decide whether or not to accept the appeal.
18.9Academic Regulations - The “Rules and Regulations” of the university are contained in the official undergraduate and graduate bulletins. In order to request a waiver of any academic regulation contained in these pages students should consult with their academic advisor, department head, and academic dean concerning the matter. University regulations often provide the academic dean with some discretion in application of some of these rules and regulations, and the academic dean may be able to solve the student’s problem at that level. If the academic dean cannot solve the student’s problem, then the academic dean may take the appeal to the Committee on Academic Affairs and Standards for their consideration.
18.10Fee Assessment - If a student feels that fees have been improperly assessed, that student should contact the Office of the Vice President for Business and Finance to find out the name of the current chairman of the Fee Committee. The student should then contact that individual who will either handle the problem or present it to the full Fee Committee for resolution.
18.11Final Grade in a Course - Students who feel they have received an unfair or capricious final grade in a course may appeal that grade provided one of the criteria contained in 18.11a through 18.11d is met. The following appeal procedure shall not be used to question the professional judgment of an instructor or the content of an examination. Only final grades in a course may be appealed.
18.11aWhen the student contends that the professor has violated the professor’s own specified grading standards or has imposed criteria different from those used to evaluate the academic work of other students in the class.
18.11bWhen the student has been charged by the professor with cheating, plagiarism, or collusion resulting in a reduced grade or a grade of “F” in the course and the student contends that the charges are untrue and the penalty therefore unjust.
18.11cWhen the student has either been given the grade of “F” in a course or been given a grade lower than what the student earned through proper academic work because the professor accuses the student of being in violation of University Rules or Regulations, discipline for which should be administered by the Vice President for Student Affairs (or designee) and not by the instructor in any given course.
18.11dWhen the instructor demands as a condition of passing a course any condition not germane to the subject matter of the course.
18.11eIn order to appeal a final grade under these guidelines a student must start the appeal process within thirty (30) school days of the end of the semester or summer session in which the grade was received. Initiation of the appeals procedure is accomplished by the student notifying the university Ombudsman in writing of the student’s intention to appeal a final grade and providing the Ombudsman with specific information concerning the appeal.
18.11fIf unsuccessful, the student then meets with the University Ombudsman who will guide the student through the remainder of the appeals process. Copies of the Guidelines for Appealing Unfair and/or Capricious Final Grades can be obtained from the Ombudsman or the Academic Vice President.
18.12Residency Status - If a student feels that he/she has been improperly classified as to residency status, the student should contact the Office of the Vice President for Business and Finance to find out the name of the current chairman of the University Residency Committee. The student should then contact that individual who will either handle the problem or arrange to present it to the full committee for resolution.
18.13Unfair Application of Rules, Regulation or Policy - If a student feels that any employee of the university has unfairly applied a “Rule, Regulation, or Policy,” the student may appeal that decision to the employee’s immediate supervisor. If the student is not aware of who the immediate supervisor of the employee is, the student should contact the Office of the Vice President for Student Affairs, who will provide the needed information.
18.14Students are cautioned not to institute frivolous appeals under this section, since university Rules, Regulations and Policies exist for the orderly transaction of university business.
18.15Unfair, Rude or Capricious Treatment - If students feel that they have received unfair, rude, or capricious treatment from any university employee, the student may bring the complaint to that individual employee’s immediate supervisor. If the student is not aware of who that employee’s immediate supervisor is, the student should contact the Office of the Vice President for Student Affairs, who will provide the needed information.
18.16Students are cautioned not to bring frivolous or unfounded complaints under this section, since counter complaints may be filed against them in these instances.
Parking Appeal Procedure
18.17The university “Traffic Code” permits a student to appeal any university parking violation which the student feels was issued for an unjust reason. The appeal should state that the student would like to appeal the penalties assessed for a parking citation committed while operating a moveable vehicle on the university campus. Appeal forms are available only on-line at http://park.louisiana.edu.
18.18The following regulations apply to the appeal request:
 
1)This request must be submitted within 96 hours or four class days (excluding weekends and holidays) of the issuance of the citation.
2)The Initial Appeal request is submitted to the Hearing Officer on-line at http://park.louisiana.edu for adjudication. An e-mail will be sent to the appellant in a short period of time.
3)If the appellant wishes to further the appeal, the appellant may contact the Parking and Transit office who will assist the appellant in furthering the appeal to the Parking Appeals Committee.
4)It is necessary for the student to appear before the Parking Appeals Committee upon notification by the Parking and Transit office. Time, date and location will be supplied prior to the hearing.
5)Students may prepare their own cases and present the information to the committee.
6)Any officer or university official issuing the violation or any witness in the student’s behalf may be requested to attend the hearing.
7)Failure to appear on the assigned day of the hearing without prior notification to the committee chairperson’s office will result in the denial of the appeal.
8)All violations remain valid and outstanding pending the decision of the appeals committee.
18.19Appeal forms are available only on-line at http://park.louisiana.edu.
Financial Aid Appeal Procedure
18.20Students receiving financial aid must maintain minimum satisfactory progress standards. Students must be eligible to enroll according to the Academic Standards of the University of Louisiana at Lafayette. This means that if a student has been approved for financial aid and is in good standing or on academic probation, the student is eligible to attend and is also eligible to receive financial aid. In addition, students must meet the requirements specified by their particular financial aid program. See your financial aid advisor or Junior Division counselors for more information.
18.21If a student is placed on financial aid suspension due to failure to maintain minimum credit hour requirements, or if the student exceeds maximum cumulative credit hours allowed, the student may appeal in writing to:
Director
Junior Division
P. O. Box 41640
Lafayette, LA 70504
Student Affairs Appeal Procedure
18.22Purpose - The Student Affairs Appeals Committee has appellant jurisdiction over the committees which make recommendations to the Vice President for Student Affairs: Communications, Fraternities-Sororities, Religious Activities, University Organizations, SGA Child Development Center Advisory Board. The committee has the power to concur with the decision of the lower committee or make recommendations to reverse the decision of the lower committee listed above. If requested by the Vice President for Student Affairs, the committee may also hear cases concerning administrative policy which affects students and matters not in the jurisdiction of any other committee or other committee decisions referred by the Vice President of Student Affairs
18.22aIf there are grounds, the decision of this committee may be appealed in writing within five (5) school days to the chairman of the Student Affairs Appeals Committee. The written appeal must explain in full the grounds upon which the appeal is being made. It should be hand delivered to the chairman. The only grounds upon which the Student Affairs Appeals Committee will hear an appeal are as follows:
 
1)Due process was not observed in the committee.
2)New evidence has been presented since the decision of the committee; therefore, the appeals committee will remand the case to the committee.
3)Misinterpretation or misapplication of fact or rule occurred in the committee.
4)The policies and procedures of the committee were not observed.
18.22bThe rights of the plaintiff include:
 
1)To appeal the decision of a lower committee;
2)To appear before the Student Affairs Appeals Committee, if the committee decides to hear the appeal based on grounds;
3)To present an appeal to the Vice President of Student Affairs, if the committee declines to hear the plaintiff’s appeal.
18.23Procedure for Originating Appeals:
 
1)A student wishing to make an appeal presents the appeal and the grounds for it in writing to the chairman of the committee (see the Office of the Vice President for Student Affairs for the name of the chairman) or to the vice-chairman if the chairman is absent. If an appeal is against a decision rendered in a lower committee, the appeal must be made within five (5) school days from the time the decision was rendered.
2)If a lower committee has not considered a student’s case within a reasonable time, ordinarily two weeks, then the student may make an appeal directly to the court for a decision.
3)If time is of the essence, the student making an appeal may request a Stay of Action. The chairman of the committee, or the vice-chairman if the chairman is absent, grants the Stay of Action when appropriate. This Stay of Action is effective as long as the student’s case is under appeal.

Section Nineteen
SEXUAL HARASSMENT

19.1The University of Louisiana at Lafayette is committed to creating and maintaining a campus environment where all individuals are treated with respect and dignity and where all are free to participate in a lively exchange of ideas. Each student has the right to learn and each employee has the right to work in an environment free of sexual harassment and one in which ideas may be freely expressed.
19.2At the University of Louisiana at Lafayette, sexual harassment, whether verbal, physical, written, or visual, is unacceptable and will not be tolerated. Harassment is unlawful and hurts all members of the educational community. Each incident of harassment contributes to a general atmosphere in which the entire community suffers the consequences and in which all students and employees may feel that their safety and equality are compromised.
19.3Harassment has no legitimate educational purpose. Any employee or student, mal or female, who engages in conduct prohibited by this policy shall be disciplined as provided by law, university policies, and applicable employment agreements.
19.4UL Lafayette will not tolerate any sexual harassment of any person affiliated with UL Lafayette by any person affiliated with UL Lafayette(including no-employees, such as vendor and independent consultants), and will not tolerate academic or employment retaliation, including but not limited to, termination of anyone reporting harassment or providing information related to such a complaint.
19.5Applicable Procedures: Any individuals who believe that they have been harassed may bring a complaint or file a grievance. Complaints will be handled informally while grievances will involve a formal investigation and may result in hearings.
19.6Bringing a Complaint:
19.6aAny member of the university community who believes that he/she has been the victim of sexual harassment as defined above may bring the matter to the attention of the Associate Dean of Students, Room 211, Martin Hall (482-6272), the Title IX Coordinator, Room 231, Martin Hall (482-6306), or one of the professional counselors in the Counseling Center, Olivier Hall (482-6480) or the University Ombudsman (482-6947), Coronna Hall.
19.6bThe complainant should present the complaint as promptly as possible after the alleged harassment occurs. One consequence of failure to present a complaint promptly is that it may preclude recourse to legal procedures should the complainant decide to pursue them at a later date.
19.6cThe initial discussion between the complainant and the university officer will be kept confidential with no written records. In many cases a satisfactory resolution of the complaint can be worked out at this point and no further action is required.
19.7If a satisfactory solution to a complaint cannot be reached and the individual (grievant) decides to proceed, a written statement describing the alleged harassment should be submitted to the grievance officer designated by the president. Cases involving sexual harassment are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information related to the case should be limited in order that the privacy of all individuals involved is safeguarded as fully as possible;
19.7aThe grievance officer shall inform the alleged offender of the allegation and the identity of the grievant. A written statement of the complaint shall be given to both parties. Every effort shall be made to protect the grievant from retaliatory action by those named in the grievance;
19.7bPromptly after the grievance is submitted, the grievance officer should initiate appropriate steps to effect an informal resolution of the grievance acceptable to both parties;
19.7cThe grievant, if unsatisfied with the informal resolution proposed above, shall have access to the formal grievance procedures of the university upon prompt submission of a written request;
19.7dReview of a grievance against a faculty and/or staff member is conducted by a committee of peers. Members of a peer review committee should meet with the grievance officer to discuss the grievance. Unless the committee concludes that the complaint is without merit, the parties to the dispute should be invited to appear before the committee and to confront any adverse witnesses. The committee, with assistance from staff, may conduct its own informal inquiry, call witnesses, and gather whatever information it deems necessary in reaching a determination as to the merits of the allegations. Once such a determination has been reached, it should be communicated in writing to both parties;
19.7eCorrective action and/or disciplinary measures: if the review committee’s findings do not lead to a mutually acceptable resolution, and if the committee believes that a reasonable cause exists for seeking sanctions against the faculty and/or staff offender, the grievance officer will forward the recommendations immediately to the president and/or designee. The president and/or designee shall then proceed in the manner set forth in the applicable grievance procedure.

The entire policy on Sexual Harassment may be obtained in either the Dean of Student Office, Room 211, Martin Hall, or Student Personnel, Room 223, Martin Hall.

SEXUAL ABUSE AND ASSAULT

19.8Statement of Policy: The University Of Louisiana at Lafayette will not tolerate sexual assault or abuse, such as rape (including acquaintance rape) or other forms of nonconsensual sexual activity. These acts degrade the victims, our campus community, and society in general. While the University cannot control all the factors in society that lead to sexual assault and abuse, the University strives to create an environment that is free of acts of violence.

RIGHTS OF COMPLAINANT

19.9Throughout the Judicial process, the complainant maintains certain rights to ensure fairness and safety. Some of those rights are outlined below:
19.9aTo have the assistance of a victim/witness advocate throughout the entire Judicial Affairs Process.
19.9bTo have an Administrative Directive sent immediately to the accused that forbids him/her from contacting you by any method, including through friends or acquaintances.
19.9cIf an Administrative Directive is violated the accused may receive an Interim Expulsion.
19.9dTo be relocated within the residence halls if a threat is present or in some cases to have the accused relocated.
19.9eTo hear the outcome of the discipline process.
19.10In the event of a hearing:
19.10aTo present testimony either in person or by phone.
19.10bTo be questioned and provide responses to the accused through a third party.
19.10cIf presenting testimony in person, the option to observe the entire hearing.
19.10dTo meet with the presenter prior to and during the hearing to develop questions.
19.10eTo submit a victim impact statement to be considered by the Hearing Board before a sanction is assigned.

RIGHTS OF THE ACCUSED

19.11Throughout the Judicial Process, accused students maintain certain rights to ensure fairness. In order for the victim/ complainant to have as much information as possible concerning the process, some of those rights in reference to a discipline hearing are outlined below:
19.12To be informed in writing of all charges at least five (5) business days before any hearing. This right may be waived by the accused.
19.13To decline to testify or answer questions.
19.14To question witnesses that appear in person or by telephone at any hearing and to present witnesses of fact.
19.15To appeal the hearing decision if it involves Expulsion.
19.16In cases where the accused student is facing criminal charges, their attorney may be present, but not actively participate.

Section Twenty
STATEMENT OF STUDENT RIGHTS

20.1The University of Louisiana at Lafayette exists to educate its students; to advance, preserve and disseminate knowledge through research and scholarship; and to advance the public interest and the welfare of society as a whole. Essential to such purposes is an orderly climate of academic integrity, of rational and critical inquiry, of intellectual freedom, and of freedom of individual thought and expression consistent with the rights of others. To the end that such a climate may be established and maintained, UL Lafayette as an institution and each member of the university community have reciprocal rights and obligations. It is the obligation of the university as an institution to ensure orderly operation, to preserve academic freedom, to protect the rights of all members of the university community, to prohibit acts that materially and substantially interfere with legitimate educational objectives or interfere with the rights of others, and to institute disciplinary action where conduct adversely affects the university community’s pursuit of its educational objectives.
20.2For all UL Lafayette students, enrollment at the university confers certain rights and requires certain obligations that are defined below. It is expected that students will understand and respect the rights of others. It is also expected that all students be aware of their rights and obligations. Unfamiliarity with the following is not an excuse for failure to carry out one’s obligations as a student member of the university community.
20.3Expression - Students have the right and are encouraged to express their views on all issues. This expression may be verbal or in writing and is guaranteed by the first amendment concept of freedom of speech and press. In exercising this right, students have the obligation not to interfere with the academic process. The university shall provide all students a proper forum through which their views may be expressed which will not impair their right of expression and simultaneously maintain an orderly climate of academic pursuit. All publications and broadcasts are subject to the canons of responsible journalism and community standards, including the avoidance of libel, avoidance of indecency or obscenity, undocumented allegations, and techniques of harassment and innuendo. Freedom of expression may be subject to reasonable time, place and manner regulations that are content-neutral, serve a significant university interest and leave open ample alternative channels for communication of the information.
20.4Association and Assembly - Student groups may peacefully assemble and may express opinions publicly and privately. Students have the right to organize and join organizations to promote their common interests. These organizations are obligated to receive official recognition and follow the guidelines of the University Organizations Committee. Only approved organizations may enjoy the rights and privileges accorded by the university including the right to invite speakers to campus to address the group or student body. The university administration may cancel a speaker’s reservation when there is a clear and present danger that the appearance would threaten the orderly operation of the university.
20.5Privacy - Students have the right to have their academic and disciplinary records kept confidential subject to existing state and federal law. No official records shall be kept that reflect any alleged political activity or belief of students. No official records of students shall be available to unauthorized persons within the institution or to any person outside the institution without the expressed consent of the student involved except under legal compulsion. The university, on request, will make available to a student all of his or her records.
20.6Equal Protection and Due Process - No student shall be subject to any regulation that discriminates on the basis of race, age, sex, political affiliation, religion, handicap or national origin; nor shall any regulation in any way deny any student due or equal protection under the law. Each student shall be treated as a unique individual and shall be accorded due respect. In the case of disciplinary action against a student, the procedures for due process, equal protection and appeal are outlined in the Code of Student Conduct and Appeal Procedures. The Code also outlines the procedures used for all appeals, including the appeal of academic sanctions, parking sanctions, financial aid procedures, residency status, fee assessments, and unfair or capricious treatment.

Section Thirty
ANTI-HAZING POLICY
Introduction and Rationale

30.1University sanctioned organizations are based on “scholarship,” “friendship,” and “common experiences and interest” which are to be gained through mutual respect, loyalty and pride. It was never intended that these qualities be gained through ridicule, embarrassment or servitude.

Organizations at UL Lafayette are expected to be partners in the process of fulfilling the mission of the University by creating and maintaining educational standards within their organizations that are conducive to personal growth and development. If organizations are to remain an integral part of the University, they must set educational directions. That is the key to eliminating hazing. The ideal association/new member education program should encourage and emphasize the approved ideals and purposes of the organization such as personal friendships, scholarship, cultural awareness, financial responsibility, spiritual awareness, ritual importance, social development, resources available on campus and in the community, leadership, recreational development, alumni relations or community service.

Definition

30.2Hazing, as defined by the Board of Supervisors is “any action taken or situation created, whether on or off college or university property, which is life threatening to the individual, and kidnapping, paddling, slapping, branding, burning with cigarette, or any such activities which are life threatening to the individual or are intended to hurt or to humiliate physically or mentally.” Hazing in any form is strictly forbidden by the University through the Code of Student Conduct. Actions and activities which are explicitly prohibited include, but are not limited to the following:
 
1.All forms of physical activity not part of an organized, voluntary athletic contest or not specifically directed toward constructive work.
2.Paddling, beating, or otherwise permitting members or alumni members to hit associates, new, or potential members.
3.Any activity that might reasonably bring physical harm to the individual.
4.Morally degrading or humiliating games or activities that make an individual the object of amusement, ridicule, or intimidation, or any action or situation which subjugates an individual to a condition where he/she might tend to lose self- respect or suffer injury.
5.Kidnap, road trips, etc., which are conducted in a manner that endangers the health or safety of an associate or active.
6.Requiring associates to consume large amounts of alcohol and/or drinking games.
7.Activities that interfere in any way with any individual’s academic efforts, e.g. causing exhaustion, loss of sleep, or loss of reasonable study time.
8.Activities that interfere with an individual’s employment or family obligations.
9.Forcing, coercing, or permitting students to eat or drink foreign or unusual substances such as raw meat, raw eggs, salt water, onions, etc.
10.The use of obscenities and vulgarities in dress or requiring associates to wear any degrading or uncomfortable garments.
11.Preventing associates from wearing any required garments or accessories.
12.Having substances such as eggs, paint, honey, etc., thrown at, poured on, or otherwise applied to the bodies of associates.
13.Subjecting an individual to cruel and unusual psychological conditions, any form of verbal harassment.
14.Any requirement which compels an individual to participate in any activity which is illegal, perverse, publicly indecent, contrary to the individual’s genuine morals and/or beliefs, e.g. public profanity, indecent or lewd conduct, or sexual gestures in public.
15.Pledge members being solely responsible for chapter obligations.
16.Any action which is in violation of the University’s Code of Student Conduct.
30.3Officers/members/potential members will be held responsible for not reporting hazing activity for which they have knowledge of. It shall be the duty of all current and potential student organization members to report immediately, in writing, any violation of this policy to the Dean of Students Office. Infractions of these regulations will result in disciplinary procedures being initiated according to the regulations prescribed in the University’s Code of Student Conduct and Appeal Procedures. Organization presidents must sign that they have received and understand the University Anti-Hazing Policy before they are re-certified each year. Failure to do so will jeopardize the organization’s relationship with UL Lafayette.
30.4In addition, UL Lafayette Greek students must attend an anti-hazing meeting and sign the anti-hazing and grade release form. Failure to do so will jeopardize their relationship with the UL Lafayette Greek System.
       
   

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P.O. Box 44572, Lafayette LA 70504
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Phone: 337/482-6266

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