Preface
Disciplinary procedures at Louisiana Tech University have been established and detailed in this student handbook to assist the University and students to develop and maintain an atmosphere conducive to academic, spiritual, mental, physical, and social enrichment.
Table of Contents
The Louisiana Tech University Code of Student Rights, Responsibilities, and Behavior has been developed to assist the University in protecting and maintaining its educational mission—a mission focused towards developing an atmosphere conducive to the academic, spiritual, mental, physical, and social growth of its students.
Upon enrolling at Louisiana Tech University, each student elects to be subject to each of these publications governing his/her relevant communities: (1) Louisiana Tech University STUDENT HANDBOOK, (2) Louisiana Tech University BULLETIN (catalog), (3) Louisiana Tech University VEHICLE REGULATIONS, (4) CAMPUS HOUSING LEASE, and other official University publications including departmental policy and class syllabi.
All Louisiana Tech University enrolled students are subject to official University publications and procedures. Individuals should be aware that these regulations are in effect during periods of non-enrollment should a student choose to re-enroll. All students are responsible for becoming familiar with all of the relevant publications listed above.
Louisiana Tech University students are citizens of several communities—city, parish, state, and national, as well as the University. Certain types of misbehavior and violations may subject a student to the concurrent jurisdiction of, and the imposition of, sanctions by both the University and civil authorities.
It is the intent of this document to create and maintain a system of order on campus which will foster the educational aims of the University and provide an opportunity for students to work toward goals of academic development, social maturity, spiritual enrichment, and personal improvement. The administrative or judicial procedures and the bodies or committees that have been established to hear cases of misbehavior or violations, make referrals of cases, and hear appeals of decision for the accused are described in this publication.
Violations of any rule in this “Code” may subject the student to separation from the University.
This “Code” shall be cited as the Louisiana Tech University Code of Student Rights, Responsibilities, and Behavior.
2.01
This Code of Student Rights, Responsibilities, and Behavior is promulgated by the Office of the President of Louisiana Tech University under the power and authority delegated that office by the Board of Supervisors for the University of Louisiana System.
2.02
The authority of the Board of Supervisors for the University of Louisiana System and the President of the University to establish the kinds and types of behavior and standards contained in this “Code” is found in such Louisiana Revised Statutes, Acts, Concurrent Resolutions, etc., as the following:
Louisiana Revised Statutes—17:10; 17:3101 through 17:3109 (1969); 17:803 (1958);17:3024 (1969); 32:233 and 32:234 (1962).
Acts—Act No. 68 (1894), Act No. 529 (1968). Concurrent Resolution No. 293
(1970) Title 1, OF THE DISTINCTION OF PERSONS, Act 37, Age of Majority (1972).
2.03
The Division of Student Advancement, by delegation of the President of Louisiana Tech University, is designated as the agency within the University concerned with student rights, responsibilities, and behavior as one of its functions. The Division, through the Senior Vice President and Chief Operating Officer for Student Advancement, is responsible for recommending:
2.03:01 The kinds and types of non-academic behavioral standards necessary for creating and maintaining a system of order on campus, and
2.03:02 The procedure for determining, enforcement, and/or disposition of violation of:
A. all behavioral standards adopted by the Board of Supervisors for the University of Louisiana System for the administration and operation of institutions of higher education under its supervision,
B. all behavioral standards approved or issued by the President of the University, and
C. all local, state, and federal laws.
2.04 Review
The Code of Student Rights, Responsibilities, and Behavior shall be reviewed each year. Students, faculty members, and administrators are a part of the review committee. Recommendations for revisions are submitted to the Senior Vice President and Chief Operating Officer for consideration.
3.01 Terms and phrases when used in this “Code” have the following meanings:
3.01:01 “UNIVERSITY” means Louisiana Tech University (its main campus, branch, or any division thereof including trips, extension courses, etc.) over which the Board of Supervisors for the University of Louisiana System has control and responsibility.
3.01:02 “STUDENT” means any person registered for enrollment in any University course, undergraduate, graduate, post-baccalaureate, full or part-time, special, or extension; or any person on the University premises or University-leased premises for any purpose related to registration for enrollment.
3.01:03 “ADMINISTRATOR” or “OFFICIAL” means any person (including students) employed by the University and authorized by the Board of Supervisors for the University of Louisiana System or the University to act in a prescribed manner in accordance with the Louisiana Revised Statutes, Acts, and Concurrent Resolutions applying to Louisiana Tech University to carry out the behavioral standards approved and issued by the Board of Supervisors for the University of Louisiana System and/or the President of the University.
3.01:04 “INSTRUCTOR” means any person employed as a professor, associate professor, assistant professor, instructor, part-time instructor or graduate assistant to conduct classroom and laboratory activities. An individual may be both an instructor and a student. Determination of an individual’s status shall be made on the basis of the facts in each case.
3.01:05 “STUDENT ORGANIZATION” means an association of students or group which has complied with the formal requirement for University recognition through the Student Organization Committee.
3.01:06 “GROUP” refers to students who have not yet complied with the formal requirements of the University for recognition as an organization.
3.01:07 “UNIVERSITY DOCUMENT” means any written communication, form, or record maintained by the University.
3.01:08 “MEMBER OF THE UNIVERSITY COMMUNITY” means any University administrator or official, instructor, student, staff member, or employee of the University.
3.01:09 “UNIVERSITY PREMISES” or “UNIVERSITY RELATED PREMISES” means all land, buildings, facilities, and equipment owned, leased, on loan, or controlled by the University.
3.01:10 “SHALL” is used in the mandatory sense.
3.01:11 “MAY” is used in the permissive sense.
3.01:12 “OFFICIAL RECORD” or “TRANSCRIPT” means the official document maintained by the Office of the Registrar on which pertinent information is listed, such as student’s name, date and place of birth, parents’ names and address(es), high school from which he/she graduated, courses attempted at the University, grades and credits earned, and status achieved by the student. Notations of academic probation and suspension are a part of the official record or transcript.
3.01:13 “STUDENT DISCIPLINARY RECORD” means recordings by University administrators and officials of non-academic actions of the student(s) which are in violation of the University behavioral standards, and/or local, state, and federal laws. Disciplinary information which affects a student’s eligibility to continue or re-register in the University is also recorded on the official record or transcript (see Section Fourteen).
3.01:14 “FIRST AID RECORD” means the record of injuries and treatment maintained by the staff of the University Health Center.
3.01:15 “CONFIDENTIALITY” means the ethical, moral, and often legal responsibility not to divulge information of a personal nature that has been obtained in the course of a professional relationship, except:
A. when necessary in the opinion of University administrators or officials to prevent an individual’s serious injury to himself/herself and/or to another/ other person(s);
B. when deemed necessary by an administrator, official, instructor, or committees in carrying on the internal operations of the institution;
C. when ordered by competent judicial authority to release (subpoena) such information; or
D. when written permission to release information is given by an individual.
3.01:16 “STUDENT PUBLICATIONS” means written material edited and published by students for distribution to members of the University community including but not limited to brochures, newspapers, special interest magazines, college or departmental magazines, calendars, and entertainment brochures and pamphlets.
3.01:17 “BEHAVIORAL STANDARDS” means the policies, rules, regulations, directives, resolutions, and standards of the Board of Supervisors for the University of Louisiana System; the policies, rules, regulations, directives, and memoranda approved and/or issued by the President of the University; and local, state, and federal laws. “CODE,” “BEHAVIOR,” and “BEHAVIORAL STANDARDS” are terms used as having the same meaning.
3.01:18 “BEHAVIOR” means the attitudes and/or actions related to “Behavioral Standards.”
3.01:19 “CODE,” “STUDENT CODE,” AND/OR “CODE OF CONDUCT” are terms that
shall be used in reference to the Louisiana Tech Code of Student Rights, Responsibilities, & Behavior.
3.01:20 “HAZING” means any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:
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The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress.
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The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.
Hazing includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:
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Physical brutality, such as whipping, beating, paddling, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.
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Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health of safety of the individual or causes severe emotional distress.
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Activity involving consumption of food, liquid, or any other substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
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Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
For purposes of this Policy, hazing shall not include a physical activity that is normal, customary, and necessary for a person’s training and participation in an athletic, physical education, military training, or similar program sanctioned by a postsecondary education institution.
The expressed or implied consent of a person to any such actions shall not be considered an exception to this policy and is not defensible as a violation thereof.
Not only is hazing against University regulations, but Louisiana Law 17:1801 prohibits hazing in any form.
3.01.21 “HARASSMENT” is unwelcome conduct directed against a person based on one or more of a person’s protected characteristics or status which is so severe, pervasive, and objectively offensive, and that it creates an intimidating, hostile or offensive environment. An intimidating, hostile, or offensive environment is one in which a student is effectively denied equal access to an institution’s resources and opportunities.
3.01.22 “STALKING” is defined as the repeated following or harassing of another person accompanied by the making of a credible threat with the intent to place that person in reasonable fear of death or serious injury.
3.01:23 “COERCIVE BEHAVIOR” is an act by an individual or a group that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, regardless of consent, which tends to or which is intended to demean, disgrace, humiliate or degrade a student, which includes but is not limited to forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of a student. Examples of coercive behavior include, but are not limited to, line-ups, scavenger hunts and personal servitude.
4.01 General Statement
The submission of an application for admission to Louisiana Tech University represents a voluntary and optional decision on the part of the prospective student to partake in the program and privileges offered by the institution in accordance with the behavioral standards of the Board of Supervisors for the University of Louisiana System and the University for the governing of the University and for the promotion of its stated purpose. Institutional approval of that application in turn represents the extension of a privilege to join the University community and to remain a part of it so long as the student fulfills the academic and behavioral expectations as published in the Louisiana Tech University Bulletin (catalog), Code of Student Rights, Responsibilities, and Behavior, and all other official University publications.
4.02 Student Rights
Each student is entitled to the essential rights central to all institutions of higher education which are held to include:
4.02:01 The right to expect an education of the highest quality.
4.02:02 The right to develop individual potential to the best of that person’s ability.
4.02:03 The right to inquire, discuss, listen, and evaluate.
4.02:04 The right to express views relevant to the subject matter in the classroom and laboratory subject to the responsibility of the instructor to maintain order and present and explain the subject matter of the course.
4.02:05 The right to be free from discrimination on the basis of race, color, religion, sex, political affiliation, and national origin. The University will condone no practices or policies that discriminate against the disabled.
4.02:06 The right to receive a copy of publications, which contain behavioral standards promulgated by the University.
4.02:07 The right of freedom of speech and assembly subject to requirements for the maintenance of order and the protection of the rights of others.
4.02:08 The right to be interviewed on campus by any employing firm, agency, corporation, or organization whose qualifications for employment are acceptable to the University.
4.02:09 The right to communicate in a one-to-one relationship with administrators, instructors, counselors, advisers, and officials of the University.
4.02:10 The right of privacy including freedom from unreasonable and unauthorized search of person, personal property, and living quarters.
4.02:11 The right of confidentiality of the official record or transcript and disciplinary record.
4.02:12 The right to fair hearings and appeals when disciplinary sanctions are applied to the student.
4.02:13 The right to petition the appropriate University body for redress of grievances.
4.02:14 The right to confidentiality of information relating to personal views, beliefs, and political associations, acquired by administrators, instructors, counselors, advisers, and officials of the University in the course of their work.
4.02:15 The right to publish and distribute subject to the standards of reasonable journalism and applicable regulations of the U.S. Constitution and Federal Communications Commission. Similar rights are afforded oral statements of views on student-operated radio and television stations.
4.03 These enumerated rights shall not be construed to deny or disparage legal rights of students both as members of the University community and as citizens of the city, parish, state, and nation. They shall neither be construed as legal power to disregard the rights and respect of property of others or to disrupt any scheduled University function, or to impede the free flow of pedestrian or vehicular traffic. Furthermore, they shall not be construed as legal power to deny the right of access to facilities or buildings by any member of the University community.
5.01 General Statement
Students are obligated to be fully acquainted with and to respect and abide by the University’s Code of Student Rights, Responsibilities, and Behavior which clarifies those behavioral standards considered essential in a continuing system of order.
5.02 Student Responsibilities
When an institution of higher education extends and a prospective student accepts the privilege to join the University community, the student is obligated to assume the responsibilities of a mature individual which are held to include the following:
5.02:01 To abide by the behavioral standards of the Board of Supervisors for the University of Louisiana System and the University as well as local, state, and federal laws.
5.02:02 To hold inviolate the rights of others in matters of expression and assembly.
5.02:03 To recognize that one’s behavior reflects not only upon self but also upon the institution and its citizenry and is judged in this manner.
5.02:04 To follow the doctrine of common decency and acceptable behavior commensurate with the aspiration implied by a University education.
5.02:05 To respect the rights and property of others including University administrators, officials, instructors, staff, students, and guests.
5.02:06 To respect the property of the University and the various agencies housed on campus.
5.02:07 To refrain from using the name of the University in an official capacity without the express permission of an authorized administrator or official of the University except for the purpose of identifying affiliation.
5.02:08 To accept and recognize the financial responsibility inherent with the student’s enrollment at the University and to fully comply with the University’s fee policies, payment deadlines, refund deadlines, and other financial and academic regulations as published in the University Bulletin, Quarterly Schedule of Classes and General Information (“The Racing Form”) and in the Quarterly Expense Sheet and their appropriate revisions.
5.03 University Responsibilities
The University community has the responsibility for creating and maintaining a system of order on campus, which includes the following:
5.03:01 Providing an environment that will enable a student to pursue academic endeavors.
5.03:02 Providing an environment, which permits all students the opportunity to pursue an education in which they can progress on their merit and ability, without regard to race, color, national origin, religion, or sex.
5.03:03 Expecting students to demonstrate habits, attitudes, and standards of behavior beyond those expected of citizens outside the academic community.
5.03:04 Displaying leadership in spiritual, mental, moral, and social activities.
5.03:05 Protecting and maintaining high academic standards.
5.03:06 Clearly setting forth rules, regulations, policies, and procedures that relate to students.
5.03:07 Providing due process for those accused of violations.
5.03:08 Providing students with information on the cost of attendance, other fees and charges, penalties, payment deadlines, refund deadlines, along with financial and academic regulations as published in the University Bulletin, Quarterly Schedule of Classes and General Information (“The Racing Form”) and the Quarterly Expense Sheet and their appropriate revisions. Policies for payment and collection of tuition and fees and all other student fees, charges, fines and penalties are the responsibility of the Office of the Comptroller unless specifically designated to another department.
Presumption of Innocence Statement: Any student or organization accused of violating the Student Code of Conduct is presumed not responsible for violating policy until they or the organization formally acknowledges responsibility for the violation or responsibility is established via the outcome of an institutional hearing.
Any student or student organization accused of violating the Student Code of Conduct has the right to be represented, at their own expense, by an attorney or non-attorney advocate who may fully participate during any disciplinary proceedings used to address non-academic rules or policies.
6.01 Jurisdiction over Violations
Violations of campus behavioral standards that are not violations of local, state, and federal laws normally are handled within the University community and in accordance with established procedures of the University. Refer to the Louisiana Tech University Bulletin (catalog) for handling of violations of academic misconduct. Also see the Academic Honor Code section of this handbook.
6.02 On-Campus Violations
Student actions on campus that violate University behavioral standards and local, state, and federal laws give rise to the possibility of dual jurisdiction and may be dealt with in one of the following ways:
6.02:01 The student may, in the case of minor violations and infractions, be subjected only to sanctions imposed by the University authority.
6.02:02 The student may be subjected to sanctions imposed by the civil authority and by University authority.
6.03 Off-Campus Violations
Students apprehended for off-campus violations of local, state, and federal laws are clearly within the jurisdiction of civil authority. The University has a responsibility to respond, in certain cases, to students who are involved in off-campus incidents.
The University’s concern may extend to off-campus violations of local, state, and federal laws if an individual student or a recognized student organization’s off-campus conduct adversely affects the normal educational function of the University or could injure or endanger the welfare of others in the University and would be in violation of University behavioral standards if the conduct had occurred on campus.
When a student is apprehended for violation of local, state, and federal laws, the University will not request special consideration for the student because of his or her status as a student. Such action promotes disrespect for the law, retards the growth of responsibility, and tends to create the erroneous impression that the University sees itself as sanctuary for lawbreakers. The University will, however, cooperate with local, state, and federal agencies in a program for the rehabilitation of the student unless the seriousness of the violation serves to place in doubt the general welfare of the University and members of the University community.
In such cases, an immediate hearing is held by the Senior Vice President and Chief Operating Officer or their agent to determine if interim suspension pending a full hearing will be imposed (see Section Thirteen for more information on interim suspension). The sanction is used if it is determined that the student’s presence on campus would constitute clear danger to him/herself or to the safety of other persons or property on the premises of the University or would pose an immediate threat of disruptive interference with the normal conduct of the University’s activities.
This process is used in all cases of violent felony arrests and other circumstances that the University feels meet the above-mentioned criteria.
Louisiana Tech University will cooperate with other universities and local, state, and federal agencies in the investigation, adjudication, and resolution of disciplinary and legal matters.
Actions taken under the conduct process are separate and apart from any law enforcement or other court process or proceeding, such as a civil lawsuit or criminal prosecution, that may relate to the same underlying factual incident. Louisiana Tech’s jurisdiction does not depend on whether a responding student is criminally charged through the criminal justice system. The conduct process is not postponed while criminal or civil proceedings are pending unless otherwise determined by the conduct officer. Dismissal of civil or criminal charges or acquittal in a case does not prevent Louisiana Tech from investigating and adjudicating an incident.
6.04 Enumeration of Behavioral Standards
The following enumeration of violations is merely illustrative and should not be taken to be all inclusive. Any student is subject to disciplinary action which may result in separation from the University whenever behavior is in violation of the Board of Supervisors for the University of Louisiana System and University behavioral standards and/or local, state, and federal laws.
6.04:01 Aiding, Abetting, or Concealing Violators - To help, encourage, support, or provide false information concerning a violator of the Code of Conduct or any local, state, or federal laws is prohibited.
6.04:02 Alcoholic Beverages - Students, recognized student organizations, or groups of students shall not dispense or possess alcoholic beverages on University property or at University sanctioned functions. The exception to this policy is that students 21 and over may purchase alcohol for their personal consumption at University sporting events where alcohol is sold. Any student in a state of public intoxication or who, while intoxicated, disturbs the peace, operates a vehicle, or acts in a disorderly manner is subject to disciplinary action.
6.04:03 Breach of Regulations Relating to Student Housing - Violating closing hour restrictions, violating visiting hours and occupancy rules and regulations of the University, or any other breach of Housing regulations is prohibited.
6.04:04 Destruction, Misuse, Damage, or Defacing of Property - Participating in activities that destroy, misuse, damage or deface private, personal, or University property is prohibited. Violations involving destruction or damage will require the violator(s) to replace or repair to the satisfaction of the rightful owner all destroyed, misused, damaged, or defaced property.
6.04:05 Disrespect for Authority - Failure to comply with instructions and directions of University officials or law enforcement officers acting in the performance of their duties or failure to comply with such instructions and directives—including identification by ID card—is prohibited. Verbal, written, and/or electronic harassment of any faculty, staff member, or student employee while performing duties assigned by the university is in violation of this section.
6.04:06 Dogs, Cats, and Other Animals - No person, being the owner or keeper, or harboring or having charge shall permit dogs (other than the official school mascot), cats, and other animals to enter University buildings, structures, or facilities. The term “animals” as used in this section, shall include all kinds of animals: mammals, fowl, reptiles, and amphibians. This shall not apply to approved service and emotional support animals nor shall it apply to animals used for approved research or observation in classroom, laboratory, farm, or clinical facilities (laboratory animals however are not allowed in residence halls).
6.04:07 Failure to Register Meetings or Assemblies – Use of University facilities for scheduled meetings, assemblies, or events must comply with Campus Speech and Demonstration Policy 13ll and University Facilities Policy 4105.
6.04:08 False Reporting of Emergency - Making false reports 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, emergency phones, or by any other manner is prohibited.
6.04:09 Falsification, Forgery, and/or Dishonesty - Furnishing false or misleading information, altering any University material, misusing one’s name or forging the name of another in any manner, using identification cards, meal tickets, etc. of another is prohibited. Allowing unauthorized use of identification cards, meal tickets, etc. is also prohibited. Repeat violations of the Louisiana Tech Honor Code will be addressed as a violation of this section of the code.
6.04:10 Group Offenses - Organizations, groups, clubs, societies, or other segments of the University community are responsible for compliance with the behavioral standards of the University and with local, state, and federal laws. Upon satisfactory proof that the organization did not discourage or did not take reasonable steps to prevent violations of University behavioral standards, local, state, federal laws, the organization may be subjected to permanent or temporary suspension of recognition, social probation, denial of use of University facilities, or other similar sanctions. The determination that the organization is liable to disciplinary sanctions under the above paragraph, and determination of the sanction to be imposed, shall be made by the appropriate judicial body subject to the approval of the Student Organizations Committee, at a hearing held for that purpose (see regulations governing student organizations). The University requires (in case of appropriation of and/or damage to property) that the property be repaired or replaced to the satisfaction of the original owner and that the individual or group responsible provide written evidence of such by a designated date (also see regulations governing student organizations).
6.04:11 Interference or Failure to Comply with Emergency Procedures - Intentionally interfering with emergency procedures prescribed for any building, structure, or facility on University premises, or failing to follow prescribed emergency procedures such as willful disregard of the emergency alarm signal is prohibited.
6.04:12 Lewd, Indecent, or Obscene Behavior - Lewd, indecent, or obscene behavior or activity as defined by law is not condoned by the University. In the event that an interpretation of lewd, indecent, or obscene behavior is needed, the Behavioral Standards Committee shall be called upon to review the behavior or activity against prevailing legal standards and University policy.
6.04:13 Obstruction or Disruption - Participating in activities that obstruct or disrupt any University function, mission, or process—including but not limited to instruction, administration, meetings, ceremonies, or recognized student activities, or violating the rights of others—is prohibited.
6.04:14 Physical and/or Mental Abuse - Participating in activities that endanger or attempt to endanger the physical and/or mental health, safety, and rights of members of the University community or guests of the University is prohibited. This includes, but is not limited to, fighting or violence, harassment, and stalking. (See section 3.01:21 for categories of harassment and 3.01.22 for a definition of stalking.)
6.04:15A Coercive Behavior - An act by an individual or a group that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, regardless of consent, which tends to or which is intended to demean, disgrace, humiliate or degrade a student, which includes but is not limited to forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of a student. Examples of coercive behavior include, but are not limited to, line-ups, scavenger hunts and personal servitude.
6.04:15B Hazing - Hazing means any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:
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The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress.
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The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.
Hazing includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:
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Physical brutality, such as whipping, beating, paddling, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.
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Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health of safety of the individual or causes severe emotional distress.
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Activity involving consumption of food, liquid, or any other substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
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Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
For purposes of this Policy, hazing shall not include a physical activity that is normal, customary, and necessary for a person’s training and participation in an athletic, physical education, military training, or similar program sanctioned by a postsecondary education institution.
6.04:16 Possession and/or Use of Guns, Firearms, Knives, Explosives, Electroshock Devices such as: Tasers, Stun Guns, and Other Weapons - Possession of and/or exploding of fireworks and other explosives and possession and/or discharging of shotguns, rifles, pistols, air rifles, BB guns, paint guns, sling shots, bows and other lethal or damaging weapons on campus by student(s) unless authorized by the Senior Vice President and Chief Operating Officer is prohibited. Possession includes, but is not limited to, one’s person; University residence hall room; office, academic, administrative, or maintenance building; or vehicle. Exception for paintball markers: Paintball markers are allowed only in the North University Park All Zone Parking Lot and inside the Lambright Sports Center. Only reballs are allowed on campus for use in Club Sports and Intramurals. Paintballs are not allowed on campus. Paintball markers must be carried in a locked case until in the Blue Gym inside Lambright Sports Center. See the Intramural and Sports Club Handbooks for further details about paintball markers.
6.04:17 Possession and/or Sale of Drug Paraphernalia and Possession, Sale and/or Consumption of Narcotics, Depressants, Stimulants, Hallucinogens, or Solvents - The University prohibits the possession and/or sale of drug paraphernalia as well as possession, consumption, ingestion, injection, or inhalation (without prescription or medical authorization) of substances that have the capacity to change a person’s mood, behavior, or mind, or modify and relieve pain, such as, but not limited to opiates, amphetamines, barbiturates, hallucinogens, psychedelics, or solvents. Marijuana use and/or possession are prohibited on University property or at University sanctioned events or trips with or without a prescription or medical authorization. See the Drug Free Schools and Communities Act & Associated Standards statement in the section entitled, “Drug and Alcohol Policies” for additional details.
6.04:17A Drug Traffic Loitering - Knowingly or intentionally remaining in an office, room, or vehicle (or within 6 feet of a vehicle) where one knows or reasonably should have known that the office, room, or vehicle contains drug paraphernalia or illegal drugs as defined above is prohibited by the University. Knowingly being in the company of an individual who is in possession of illegal drugs or drug paraphernalia also constitutes Drug Traffic Loitering and is prohibited by the University.
6.04:18 Emotional, Psychological and/or Medical Disorders – When a student’s behavior is deemed to be a danger to self or others or disruptive to the University community, the University may take the necessary action to protect the student in question and any other persons. Such action may include mandatory withdrawal from the University, disciplinary action, and/or notification of the student’s parents or guardians (even if the student is 18 years or older). In the case of behavior indicating danger to self or others or disruption to the University community, the University reserves the right to require the student to provide documentation of a psychological and/or medical evaluation assessing the student’s state and validating the individual’s readiness to return to the University environment. Such documentation will be submitted to the Senior Vice President and Chief Operating Officer and will be used to determine the terms of reinstatement of the student. Danger to self or others may include but is not limited to suicidal attempts, gestures, or ideation, repeated intentional self-injury, threats or acts of assault and behaviors which necessitate unusual measures to monitor, supervise, treat, protect, or restrain said student to ensure his/her safety and safety of others. Disruptive behavior is that which causes emotional, psychological, or physical distress to students, faculty, or staff and which necessitates unusual measures to monitor, supervise, treat, protect or restrain the said student. Students who refuse or are unable to cooperate with recommended assessment and/or treatment or those whose psychological or physical condition suggests a disorder (such as eating disorder or psychosis) that is observed to deteriorate to the point of permanent disability or inability to function in the university environment may also be deemed a danger or disruption to the University community. Included in this description are students whose physical or psychological disorder requires specialized services beyond those available on campus or in the local community and whose condition will deteriorate without additional resources.
6.04:19 Starting Fires or Other Acts of Arson - Starting fires or other acts of arson in or on University owned or University- controlled property, facilities, and equipment without proper authorization is prohibited.
6.04:20 Tobacco - Summary/Purpose: Act 211 of the 2013 Louisiana State Legislative session directs all public post-secondary educational institutions to develop smoke-free policies for its campuses. Nothing in this law prohibits institutions from developing a tobacco-free policy. Therefore, Louisiana Tech University has approved this policy to provide notice of and guidelines about the tobacco-free and smoke-free environment at the University.
Smoking and the use of all tobacco products, including but not limited to cigarettes, cigars, cigarillos, pipe, hookah-smoked products, e-cigarettes, and oral smokeless or vapes are prohibited at all times, and at all locations of Louisiana Tech University including University-owned or leased facilities, properties, and grounds. This prohibition includes but is not limited to the following:
• The interior of all University-owned buildings;
• All external University property or grounds, including sidewalks, parking lots, recreational areas and partially enclosed areas such as walkways, breezeways, patios, porches, gazebos, tents, and bus shelters;
• Within any State-owned vehicles, including buses, vans, shuttles, golf carts, and all other University vehicles; and
• All indoor and outdoor athletics venues and facilities.
Smoking policies at the Louisiana Tech Barksdale instructional site are set by the Department of Defense and can be found on the Tech Barksdale website.
This policy applies to all faculty, staff, students, visitors, and contractors. The University also prohibits littering the campus with remains of any tobacco products. Additionally, the University-controlled advertising, sale, or free sampling of tobacco products is prohibited on campus, regardless of the vendor.
Organizers and attendees at public events, such as conferences, meetings, public lectures, social events, cultural events, and athletic events using University-owned facilities, grounds, and properties are required to abide by Louisiana Tech University policies. Therefore, organizers of such events are responsible for communicating to attendees the policies of the University and for enforcing this “tobacco-free/smoke-free” policy.
6.04:21 Unauthorized Alteration or Use of Emergency or Safety Equipment – Unauthorized use or alteration of fire-fighting equipment, safety devices, or other emergency or safety equipment is prohibited.
6.04:22 Unauthorized Appropriation and/or Possession of Property - Appropriation of or attempts to appropriate private, personal, organizational, or University property without the consent of the owner is prohibited. Possession of stolen property on campus whether or not appropriated on or off campus shall be a violation of this section of the code of conduct.
6.04:23 Unauthorized Demonstrations and Mass Gatherings - Disrupting the normal operation of the University or interfering with, blocking, or impeding the normal flow of pedestrian or vehicular traffic or interfering with the educational pursuits of members of the University community is prohibited. (See 3.01:20 for further information on University speech and demonstration regulations.)
6.04:24 Unauthorized Entry - Entry without authorization into University-owned or University-controlled facilities or property or property of individuals is prohibited.
6.04:25 Unauthorized Soliciting, Advertising, Selling, and Distribution of Material - No person may solicit, advertise, or sell, or distribute commercial material of any nature on University-owned or University-controlled property without approval. Soliciting is defined in this policy as directly requesting donations, contributions, or other payment from individuals or groups for the purpose of commercial gain. This does not include speech or conduct protected by the First Amendment, which is regulated under Policy 1311 – Campus Speech and Demonstration Policy. Request for approval should be in writing and directed to (a) Director of Housing for the areas of residence halls and apartments, (b) the Director of Student Activities for the Student Center, (c) the Director of Recreational Services for the Lambright Sports Center; (d) the Vice President of Administrative Services for all academic facilities, Prescott Library, maintenance areas, etc.; (e) the Director of Athletics for intercollegiate athletic fields; (f) and the Superintendent of Maintenance for all other outside areas. For other facilities, request approval from their respective managers.
6.04:26 Violation of Campus Privileges - A student who has resigned or has been suspended or expelled must leave the campus within 24 hours after their relations with the University have been severed. The student who does not leave the campus within the allotted 24 hours or obtain written permission from the Senior Vice President and Chief Operating Officer to remain on campus will be subject to further disciplinary action and prosecution to the fullest extent of the law.
6.04:27 Violation of Disciplinary Sanctions - Violation of the disciplinary sanctions of the Senior Vice President and Chief Operating Officer or his agent will subject the student to further disciplinary action(s). This includes sanctions imposed by the Honor Council.
6.04:28 Unauthorized Parades, Spirit Activities, Etc.- Parades, spirit activities, etc., that require the use of the streets must be registered with the Director of Student Activities at least 24 hours prior to the event.
6.04:29 Discrimination - Discrimination occurs when an individual, or group of individuals, is treated adversely because they belong to a protected class of individuals that is protected from discrimination by a federal or state statute or University policy. Prohibited discrimination is defined as any act that either in form or operation, and whether intended or unintended, discriminates against individuals within a protected class. Protected classes include the following: age, race, color, ancestry, national or ethnic origin, religion, veteran status, sex, sexual orientation, disability, and genetic information.
6.04:30A Harassment - Harassment is unwelcome conduct directed against a person based on one or more of the person’s protected characteristics or status which is so severe, pervasive, and objectively offensive, and it creates an intimidating, hostile or offensive environment. An intimidating, hostile, or offensive environment is one in which a student is effectively denied equal access to an institution’s resources and opportunities.
6.04:30B Sexual Harassment - All allegations of sexual harassment (including, sexual assault, dating violence, domestic violence, stalking, and sexual exploitation) will be forwarded to the Director of Title IX Compliance / Title IX Coordinator (Dr. Mortissa Harvey; phone: 318-257-5911; email: mharvey@latech.edu) for review to determine if the case falls within the scope of Title IX’s jurisdiction. If the case does not fall within Title IX’s jurisdiction (Process A), then it may fall under Power-based Violence (Process B). See University Policies 1436 – Power-based Violence and Title IX for specific details and procedures associated with these policies. These policies can be found at the following location: https://www.latech.edu/administration/policies/p-1445/.
Process A and the procedures below apply only to qualifying allegations of sexual harassment (including, sexual assault, dating violence, domestic violence, stalking, and sexual exploitation involving students, staff, administrator, or faculty members) within the scope of Title IX’s jurisdiction.
The Title IX Regulations of 2020 have defined in detail the complaints of sexual harassment that fall under the jurisdiction of Title IX and require a specific protocol for addressing and resolving a grievance. Specifically Sexual Harassment as defined by Title IX is conduct on the basis of sex that satisfies one or more of the following: (1) An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome conduct of a sexual nature, whether verbal or physical; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
Process B applies to Power-based violence, which includes dating violence, domestic and family abuse, nonconsensual observation, sexual assault, sexual exploitation, sexual harassment, stalking, and unlawful communication when jurisdiction does not fall within Process A, as determined by the Director of Title IX Compliance / Title IX Coordinator. See Policy 1436 for definitions of Power-based violence.
Louisiana Tech University offers all students the opportunity for an educational experience free of discrimination or harassment of any kind. Appropriate avenues are available to hear concerns or grievances through the Title IX Office, the Office of Student Conduct and Academic Integrity or Louisiana Tech Counseling Services.
6.04:31 Sexual Assault - Sexual assault is defined as any sexual act directed against another person, either forcibly or nonforcibly and/or against that person’s will where the victim does not give or is physically or mentally incapable of giving “effective consent.”
“Effective Consent” shall be informed, freely and actively given, and shall include mutually understandable words and actions. “Effective Consent” cannot be given by a minor and people who are physically and/or mentally incapacitated. This would include, but is not limited to, individuals who are under the influence of alcohol and/or other drugs.
6.04:32 Misuse or Abuse of Computer Equipment, Programs, Data, Video, or Audio - Unauthorized use of computing resources or use of computing resources for unauthorized purposes is prohibited. This may include, but is not limited to, such activities as accessing or copying programs, records, or data belonging to the University or another user without permission; attempting to breach the security of another user’s account or deprive another user of access to the University’s computing resources; knowingly or carelessly performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks; using the University’s computing resources for financial gain; allowing non-university personnel access to university computing resources; displaying images or text that is obscene, unlawful, or otherwise in violation of University policy, in use of university computing services; transporting copies of University programs, records, or data to another person or computer site without written authorization; attempting to illegally download copyrighted material including music, television programs, software, and movies; and attempting to destroy or modify programs, records, or data belonging to the University or another user.
6.04:33 Violation of Local, State, or Federal Laws - Violating any local, state, or federal laws shall be a violation of this Code.
6.04:34 Breach of University Regulations - Violating any University rules, procedures, or policies related to conduct, order, operations, or safety is a violation of this code. This code applies to all areas of the University, including but not limited to: Student Advancement, Academic Affairs, Administrative Affairs, University Advancement, and Athletics, including each area’s subdivisions and departments.
7.01 Senior Vice President and Chief Operating Officer for Student Advancement
Most violations and infractions of the University’s behavioral standards are dealt with by the Senior Vice President and Chief Operating Officer or their agent, including the Assistant Vice President for Student Advancement, University Police, Student Conduct & Academic Integrity, and Residential Life officials. (See Section Eight for procedures and sanctions of the Senior Vice President and Chief Operating Officer.)
7.02 The Behavioral Standards Committee
The Behavioral Standards Committee is a disciplinary committee composed of student, faculty, and staff members. This committee has a dual function: it is the disciplinary agent of the University in cases referred to it by the Director of Student Conduct & Academic Integrity or their agent; it has appellate jurisdiction over students and is empowered by the Senior Vice President and Chief Operating Officer. (See Section Nine for composition, procedures, and sanctions of the Committee.)
7.03 The Honor Council
The Honor Council is an academic disciplinary committee composed of student, faculty, and staff members. This committee has a dual function: it is the disciplinary agent of the University in cases referred to it by the Director of Student Conduct & Academic Integrity or their agent; it has appellate jurisdiction over students, who have violated the Honor Code, and is empowered by the Senior Vice President and Chief Operating Officer. (See Sections One through Ten of the Academic Honor Code for composition, procedures, and sanctions of the Honor Council.)
7.04 The Student Organizations Committee
The Student Organizations Committee is a disciplinary committee composed of student, faculty, and staff members. This committee has a dual function: it is the disciplinary agent of the University in cases referred to it by the Director of Student Conduct & Academic Integrity or their agent; it has appellate jurisdiction over recognized student organizations and is empowered by the Senior Vice President and Chief Operating Officer. (See Section Nine for composition, procedures, and sanctions of the Committee.)
7.05 The Administrative Review Board
The Administrative Review Board is a committee of three members vested with appellate jurisdiction only. Specifically, this board hears only appeals of decisions rendered by the Behavioral Standards Committee, Honor Council and the Student Organizations Committee. (See Section Ten for composition and procedures of the Board.)
ACT 464: “Due Process and Protection Act”
As detailed in ACT 464, “Due Process and Protection Act,” any student or recognized student organization accused of violating Student Conduct rules is entitled to the following:
- Right to be informed of their rights.
- Right to receive notice of the alleged violation.
- Right to be informed of the evidence the institution used to make the charge.
- Presumption of innocence.
- Access to an administrative file that contains all non-privileged documents pertaining to the allegation.
- Elimination of conflicts of interest among counselors, investigators, institutional prosecutor, and adjudicators.
- Right to appeal.
- Right to legal counsel at your own expense, or a non-attorney advocate.
- Right to examine and cross-examine witnesses.
- Private right of action against the institution to recover actual damages.
See the following link for the complete bill: https://legiscan.com/LA/text/HB364/2022
8.01 Disciplinary Procedures
In the event that a student is reported for a violation or infraction of the rules and regulations of the University, or of local, state, or federal laws, the following procedures apply:
8.01:01 It is the responsibility of the Senior Vice President and Chief Operating Officer or their agent to notify the accused of the alleged violation in writing. The written notice will include the section(s) of the Student Conduct rules alleged to have been violated and any evidence used in making the charge(s).
8.01:02 If, in the opinion of the Senior Vice President and Chief Operating Officer or their agent, the violation or infraction warrants disciplinary sanction, the Senior Vice President and Chief Operating Officer or their agent may impose on the violator any one or any combination of sanctions provided in Section 8.02.
8.01:03 If the Senior Vice President and Chief Operating Officer or their agent refers the matter to the Behavioral Standards Committee (BSC) for its hearing, the following procedure will be effectuated:
A. The Senior Vice President and Chief Operating Officer or their agent will assemble and submit a packet of all relevant incident reports and supporting materials to the BSC for review;
B. The accused student will be afforded an initial meeting with the Conduct officer to review all incident reports and supporting materials and ask questions prior to the scheduled BSC meeting;
8.02 Measures of Discipline
The Senior Vice President and Chief Operating Officer or their agent may use various measures of discipline, depending upon the seriousness of the situation, some of which are as follows:
8.02:01 Counseling - Establishes a series of sessions with the student in an effort to help him or her better understand the importance of (a) assuming the responsibility of a mature citizen, (b) being able to adjust to the behavioral standards of the University community of which he or she chose to be a member, and (c) being considerate of other people and their rights.
8.02:02 Reprimand - Consists of a letter, which becomes a matter of record of an incident of behavior that does not meet the standards of residence hall or community living.
8.02:03 Suspension of Social Privileges - Prohibits the student from attending or participating in activities sponsored by the (a) Union Board, (b) Louisiana Tech Concert Association, (c) Student Center, (d) Intercollegiate Athletic Department, and/or (e) the Intramural Department.
8.02:04 Community Service - Assigns the student to perform or complete a specific task for a specific number of hours within a specific time period.
8.02:05 Restriction of Residence Hall/Apartment Privileges - Restricts the student from privileges such as visitation or use of electronic equipment in his or her residence hall room/apartment.
8.02:06 Suspension of the Use of a Motor Vehicle on Campus - Prohibits the student from having or operating a motor vehicle on campus and/or permitting someone else to operate a motor vehicle he or she owns or has in his or her possession.
8.02:07 Residence Hall Probation - Specifies a period of time in which the student is given an opportunity to prove that he or she can abide by the residence hall/apartment rules and regulations.
8.02:08 Administrative Probation - Specifies a period of time in which the student is given an opportunity to prove that he or she can abide by the behavioral standards of the University.
8.02:09 Replacement and/or Repair to Property - Provides that the student must produce written evidence by a designated date that he or she has replaced and/or repaired to the owner’s satisfaction any unauthorized damaged or appropriated property.
8.02:10 Areas Placed Off-Limits - Restricts the student from certain areas or facilities.
8.02:11 Relocation - Moves the residence hall resident/apartment resident to a different location in the residence halls/apartments or requires student to vacate residence halls/apartments.
9.01 Composition
9.01:01 General Roster - The Behavioral Standards Committee shall be selected from a roster composed of the following:
A. Twelve (12) faculty members appointed by the Vice President for Academic Affairs;
B. Twelve (12) staff members appointed by the Senior Vice President and Chief Operating Officer;
C. Six (6) SGA upperclassmen and six (6) upperclassmen appointed by the President of the University (These upperclassmen must have completed 60 hours); and
D. Four (4) chairpersons appointed by the Senior Vice President and Chief Operating Officer.
9.01:02 Special Called Roster - Each hearing shall include faculty members, staff members, a student, and a chairperson. The members shall be scheduled in advance from the general roster of the Committee members, as provided in this section.
9.01:03 Quorum - The presence of a chairperson and six members from the general rostrum with at least one member from each area shall constitute a quorum; and, with a quorum present, the Committee may perform any of its functions and exercise any of its powers.
9.01:04 Recusal – Serving Committee members associated with the case being considered may excuse themselves. The accuser or the accused may petition for the recusal of a committee member.
9.01:05 All hearings will be closed except to those involved in the hearings.
9.02 Disciplinary Procedures - These procedures will apply when a student is referred to the Behavioral Standards Committee for infractions or violations of University behavioral standards and/or local, state, and federal laws. The purpose of the hearing is to determine if University behavioral standards have been violated.
9.02:01 The student will be given written notification at least fourteen (14) business days before the date set for the hearing. For purposes of this section, the day after the date of notification shall be the first day of the ten-day delay period. The notification will include the charges against them; the date, time, and place of the meeting of the hearing board; the right to review evidence and a list of witnesses presented at the hearing; and the right to bring witnesses on their behalf.
9.02:02 Both the accuser and the accused will be informed that he or she may bring one representative (either personal or legal counsel) who may attend and advise the student and present the student’s case. The representative or the attorney may “fully participate” by making opening and closing statements, examining evidence, and cross-examining witnesses. The student shall give the Committee notice in writing of his or her plans to bring a representative.
9.02:03 The student will be notified that he or she can present evidence or witnesses on their behalf, that he or she will have a reasonable opportunity for questioning witnesses appearing against him or her, and that he or she may be present during all phases of the hearing except during the Committee deliberation. The student will be notified of his/her right to review all of the evidence that will be presented on behalf of the University.
9.02:04 The Committee shall be empowered to hear or not to hear such witnesses and evidence as it may deem relevant and fair, including but not limited to, any information made as part of the original report.
9.02:05 The Senior Vice President and Chief Operating Officer or their agent will be present at this hearing.
9.02:06 Once a date, time, and meeting place of the hearing have been established, the student duly notified, and a Committee quorum convened, the hearing may be held even though the student or his personal representative or both of them fail to appear. However, if in the opinion of the Chairperson of the Behavioral Standards Committee, there is just cause for delay of the hearing, the Chairperson may reschedule it for a later date. For purposes of this section, “just cause” means any eventuality that would prevent the student from receiving a fair hearing.
9.02:07 The Office of Student Conduct and Academic Integrity shall record the meeting.
9.02:08 Victims of acts of violence reviewed by the Committee may request to be informed of the Committee’s decision. In cases of power-based violence/sexual misconduct both the victim (complainant) and the accused (respondent) will automatically be notified in writing of the Committee’s decision.
9.02:09 In accordance with LA R.S. 17:3394, as amended, the Committee must afford the accused student or organization the express presumption of innocence and set forth that the student or the organization may not be deemed responsible for the violation until the student or the organization formally acknowledges responsibility or the conclusion of a hearing where the institution has proven every element of the violation necessary to determine responsibility by clear and convincing evidence. The standard of establishing responsibility through clear and convincing evidence shall not alter the burden of proof in hearings held pursuant to Title IX of the Education Amendments of 1972 or LA R.S. 17:3399.11 et seq.
9.02:10 “Clear and convincing evidence” means that the evidence leaves the Committee with a firm belief or conviction that it is highly probable that the factual contentions of the violation are true. This is a higher standard of proof than proof by a preponderance of the evidence, but it does not require proof beyond a reasonable doubt.
9.03 Sanctions Recommended by the Behavioral Standards Committee - Sanctions which may be recommended and/or imposed by the Behavioral Standards Committee for violations and infractions of University standards and/or local, state, and federal laws include, but are not limited to, the following:
9.03:01 Administrative Probation - A precautionary measure that carries the provision that continued enrollment depends on strict compliance with University behavioral standards, and local, state, and federal laws. Administrative probation shall be for a definite period of time. See Section 8.02 also.
9.03:02 Suspensions - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. While on suspension, the student is denied access to University owned or leased grounds, facilities, equipment, computer networks, vehicles, and all University planned, promoted, or sponsored activities. Any suspended student found in violation is subject to arrest for trespassing. In the case where a student is a member of a student organization that is officially recognized by the University, he/she is prohibited from attending the student organization’s activities on or off campus. Suspensions may be imposed at the end of the current quarter with credit for the quarter’s academic work or immediately with no academic credit for the quarter during which the suspension is imposed.
9.03:03 Expulsion - Separation of the student from the University permanently. The former student is denied access to University owned or leased grounds, facilities, equipment, computer networks, and vehicles, and all University planned, promoted, or sponsored activities.
Any expelled student found in violation is subject to arrest for trespassing.
In the case where the former student was a member of a student organization that is officially recognized by the University, the former student is prohibited from attending the student organization’s activities on or off campus.
9.03:04 Ban During Appeal Process - In extreme circumstances, the Behavioral Standards Committee has the authority to ban a student from all activities and facilities of the University during the appeal process. Any student banned during the appeal process shall contact the Director of Student Conduct for assistance in preparing for the appeal and in receiving permission to come on campus for the Administrative Review Board hearing. See Section Thirteen (13) Interim Safety Measures for additional details.
Partial bans, which are not limited to but could include permission to attend class, are within the authority of the Behavioral Standards Committee.
Any student found in violation of this ban will be subject to arrest for trespassing.
9.03:05 Restitution, Counseling, and/or Community Service - When the Behavioral Standards Committee determines that violations or infractions result in the loss of and/or damage to property, the student will be given written notice by the Chairperson that they must provide written evidence to the Senior Vice President and Chief Operating Officer or their agent within a time period specified by the Committee that damaged or lost property has been replaced and/or repaired to the owner’s satisfaction. When the Committee recommends community service or counseling, it is the responsibility of the student to provide written notification to the Senior Vice President and Chief Operating Officer for Student Advancement or their agent within a time period specified by the Committee that the requirements have been completed.
10.01 Composition
The Administrative Review Board shall consist of the following:
A. The Assistant Vice President for Student Advancement or their agent as chairperson;
B. The University Provost or their agent; and
C. The Dean of the College in which the student is registered or their agent.
10.02 Procedures of the Administrative Review Board
10.02:01 Quorum - The presence in person of two members of the Administrative Review Board (or their duly appointed representative) shall constitute a quorum.
10.02:02 All hearings will be closed except to those involved in the hearings.
10.02:03 Other Procedural Matters - For other procedural matters relating to the Administrative Review Board, see Section 11.02 of this handbook.
11.01 Procedures for Appeal
A student (both the alleged and the victim) may issue a written appeal of a decision by the Senior Vice President and Chief Operating Officer or their agent, the Behavioral Standards Committee, or Administrative Review Board if any of the following apply:
A. new evidence
B. contradictory evidence
C. no due process
D. disproportionate sanctions
Students initiating the appeal process should be aware that an appeal can result in the appeal: A) being granted, B) being denied, C) a new hearing ordered, or C) the sanction(s) reduced or modified. Students who face a suspension or expulsion sanction and are appealing should attend classes until otherwise notified by the university.
11.01:01 Prerequisite to All Appeals - The appeals provided in 11.02, 11.03, 11.04, 11.05, 11.06, and 11.07 of this section shall not be made until the complaining student has exhausted all prior appeals.
11.02 From an Administrative Action of the Senior Vice President and Chief Operating Officer Directly Affecting an Individual Student
Any student may appeal an administrative action of the Senior Vice President and Chief Operating Officer or their agent when the action directly affects such student in his individual capacity. The complaining student must notify in writing the Chairman of the Behavioral Standards Committee of his intention to lodge an appeal within fourteen (14) business days after the date of the Senior Vice President and Chief Operating Officer or their agent’s written decision has been given to the student. The appeal must be submitted in writing, and must identify the reason(s) for appealing (see 11.01). The entire record of previous proceedings and the evidence presented before the Senior Vice President and Chief Operating Officer or their agent shall be automatically transmitted to the Behavioral Standards Committee. The student may, at their discretion, submit additional written evidence, which is relevant to the Behavioral Standards Committee. The Chairperson of the Behavioral Standards Committee shall proceed according to Section 9.02. In appeals from administrative actions of the Senior Vice President and Chief Operating Officer or their agent, the Behavioral Standards Committee shall hear and decide the merits of the accusation and the sanction imposed. The Senior Vice President and Chief Operating Officer or their agent will be present at this hearing.
11.03 From a Recommendation of the Behavioral Standards Committee
Within fourteen (14) business days after written notice of a decision of the Behavioral Standards Committee has been given, the aggrieved student shall have the right to appeal to the Administrative Review Board. To do so, the student shall give written notification to the Assistant Vice President for Student Advancement of their intention to appeal to the Administrative Review Board. The appeal must identify the reason(s) for appealing (see 11.01). The Assistant Vice President for Student Advancement shall, within a reasonable time, set a date, time, and place for review of the decision of the Behavioral Standards Committee and notify the student thereof. Late notices of intent to appeal will be accepted or rejected by the Chairperson of the Committee after hearing the student’s reason for late submission. The entire record of previous proceedings and the evidence presented before the Behavioral Standards Committee shall be automatically transmitted to the Administrative Review Board. The student may, at their discretion, submit additional written evidence, which is relevant to the issue before the Board.
The Senior Vice President and Chief Operating Officer or their agent will be present at this hearing. The Administrative Review Board may take any one of the following actions:
A. grant the appeal
B. deny the appeal;
C. order a new hearing; or
D. reduce or modify the sanction(s).
11.04 From Expulsion from the University for the Commission of “Disruptive Acts”
Any student who has been expelled from the University for the commission of “disruptive acts” pursuant to Revised Statue 17, Sections 3101-3109 or Chapter 23 of the Louisiana Revised Statutes shall have the right to appeal the decision by which such action was taken. Such appeals shall be made to the Board of Supervisors for the University of Louisiana System. The procedure for this appeal is described in the regulations of the Board of Supervisors for the University of Louisiana System.
12.01 Sanctions other than Suspension and Expulsion
In cases where the decision or recommendation of the disciplinary body or functionary is other than to suspend or expel the student, the sanction shall take effect from the time the student is informed by the appropriate official.
12.02 Sanctions of Suspension and Expulsion
In cases where the decision or recommendation of the disciplinary body or functionary is to suspend or expel the student, the sanction shall be effective the date of the recommendation of the Behavioral Standards Committee.
12.02:01 Any student who is suspended from the University will be refunded a portion of his or her registration fees according to the following: a 90 percent refund if suspended before or on the Friday immediately following fee payment, 70 percent one week after that date and 40 percent two weeks after. No refund will be given if suspended two weeks after the Friday following fee payment. Any student suspended or expelled must vacate the university within 24 hours of the action unless the sanction is being appealed. In extreme circumstances, the Behavioral Standards Committee may choose to have the student vacate the campus immediately and be banned during the appeal process (see section 9.03:04).
13.01 When the President or their agent has reasonable cause to believe that a student or students have violated behavioral standards, and there is reasonable cause to believe that there exists substantial risk of injury to student or students; to any member or guest of the University community; or the University’s property, etc., the President or their agent may take reasonable measures necessary to ensure the physical safety of community members by making adjustments to student housing arrangements, imposing conditions of mutual no-contact between the accused student and the alleged victim, ban a student from campus, and in extreme cases suspend or expel a student.
Within seventy-two hours of the alleged violation being deemed an immediate threat, written notice of the immediate safety measures that explains the institution’s reasons for enacting the measures must be supplied to the student.
Within seven (7) business days of notice of interim measures, unless otherwise waived by the accused student, an interim measure hearing to determine whether there is substantial evidence that the student poses a risk to the physical safety of a member of the campus community and that the interim measure is appropriate to mitigate that risk.
14.01 Disciplinary Records
Disciplinary records mean records of University administrators and officials of non-academic actions of student(s) who are in violation of the University behavioral standards, and/or local, state, and federal laws.
A. The University shall maintain for every student who has received any disciplinary sanction under Section Eight or Nine of the University’s Code of Student Rights and Responsibilities a written disciplinary record that shall reflect the nature of the charge, the penalty assessed, and any other pertinent information. Files for suspensions, expulsions, and violent offenses are maintained indefinitely. All other files may be maintained for a minimum period of seven years.
B. The disciplinary record shall be separate from the student’s academic record and shall be treated as confidential. The involved student may view the contents of his or her personal record in the Office of Student Conduct upon appointment. The University follows the guidelines set forth in the Family Rights and Privacy Act of 1974 in the handling of student disciplinary records.
14.01:01 The Division of Student Advancement will not release individual student discipline records other than to authorized University officials, except upon written authorization by the individual or upon subpoena. The Division of Student Advancement will release directory information from the University records of a student without authorization or subpoena unless a student requests in writing that information not be released.
15.01 Academic Misconduct
For rules and regulations pertaining to academic behavior, refer to the Louisiana Tech University Bulletin (catalog) and the Louisiana Tech Honor Code.
15.02 Misconduct Within Residential Facilities
For rules and regulations pertaining to behavior while living on campus, refer to the campus lease, which can be found on the Residential Life website as well as on the housing portal.
15.03 Vehicle Regulations
For rules and regulations pertaining to vehicle registration, parking, and operation, refer to the pamphlet “Louisiana Tech Vehicle Regulations.”
16.01
Standards promulgated pursuant to this Code of Student Rights, Responsibilities, and Behavior and amendments thereto shall not become effective before publication.
16.02 Commitment to Non-discrimination
Louisiana Tech University is committed to the principle of providing the opportunity for learning and development of all qualified citizens without regard to race, sex, religion, color, national origin, age, disability, or veteran status for admission to, participation in, or employment in the programs and activities which the University sponsors or operates.
The institution’s educational programs, activities, and services offered to students and employees are administered on a nondiscriminatory basis subject to the provisions of Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, and the Americans with Disabilities Act of 1990.
The following have been designated to address inquiries regarding the non-discrimination policies:
Dr. Mortissa Harvey, Director of Title IX Compliance/Title IX Coordinator
Wyly Tower 1536
P.O. Box 3168
(318) 257-5911
mharvey@latech.edu
Annie Jantz, 504/ADA Coordinator
Student Advancement Office, 305 Keeny Hall
P.O. Box 3164
(318) 257-2445
ajantz@latech.edu
Information concerning the provisions of the Section 504 and ADA and the rights provided there under are available from the ADA coordinator.
Sheila Trammel, Age Discrimination
Human Resources Office, 152 Keeny Hall
P.O. Box 3173
(318) 257-2235
strammel@latech.edu
Information concerning the provisions of the ADA and the rights provided there under are available from the Age Discrimination Coordinator.
Policy 1311 – Campus Speech and Demonstration Policy
Revision Date: 12/02/2024
Last Review: 12/02/2024
Original Effective Date: 09/12/2018
Responsible Office: Senior Vice President and Chief Operating Officer for Student Advancement
Reference: Policy 4105 – Facilities Usage Policy
The Universities of Louisiana are fully committed to free speech, including political views and freedom of association, among students, faculty, staff, and visitors. To fulfill our primary role of discovering and disseminating knowledge, a free interchange of ideas is necessary. We pride ourselves on being bastions of free expression and believe a culture of intense inquiry and informed argument generates lasting ideas. This freedom comes with a responsibility to welcome and promote expression for all people, even in disagreement or opposition. The right is inclusive of peaceful protests and orderly demonstrations but does not allow any conduct that disrupts University operations or endangers the safety of others. Louisiana Tech University unequivocally supports and endorses free speech and free expression among its students, faculty, and staff. The University strives to ensure the fullest degree of intellectual freedom and free expression on campus. It is not the proper role of the University to shield individuals from speech protected by the First Amendment of the Constitution of the United States of America and Article I, Section 7, of the Constitution of Louisiana, and other applicable laws, including, without limitation, ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. However, the faculty shall be prohibited from imposing the professor’s political views on students in violation of R.S. 17:3399.39. Students and faculty have the freedom to discuss any topic that presents itself, as provided under the First Amendment of the Constitution of the United States of America and Article I, Section 7 of the Constitution of Louisiana and as other applicable laws permit, in a manner which does not materially and substantially disrupt the functioning of the University and within the limits on time, place, and manner of expression stated herein.
Public Areas
The “Public Areas” of Campus mean all Outdoor Areas. The “Outdoor Areas” mean outside areas generally accessible to the majority of students, administrators, faculty, and staff such as grassy areas, walkways, or other similar common areas, and do not include areas where access is restricted. The Public Areas of campus are deemed by State law as traditional public forums and are open on the same terms to any speaker. On Public Areas, students and faculty may assemble, distribute literature, and engage in spontaneous expressive activity as long as such activity is not unlawful and does not materially and substantially disrupt the functioning of the University. Any person lawfully present on campus in a Public Area may protest or demonstrate there. Protests and demonstrations that infringe upon the constitutional rights of others to engage in or listen to expressive activity by creating a substantial and material disruption to the functioning of the institution or to someone’s expressive activity shall not be permitted. University Facilities are not Public Areas under this policy. Certain Facilities are made available for reservation in accordance with Policy 4105 – Facilities Usage Policy. Further, this policy does not apply to University-sponsored activities.
Expressive Activities
“Expressive Activities” include but are not limited to any lawful verbal or written means by which individuals or groups communicate ideas to one another, as provided by the First Amendment of the Constitution of the United States of America and by Article I, Section 7 of the Constitution of Louisiana, including all forms of peaceful assembly, protest, speech, distribution of literature, carrying signs, and circulating petitions. “Free speech and First Amendment protected expressive activities” expressly excludes commercial activities in which individuals or groups are being compensated or attempting to advertise, market, or accrue financial gain to any individual, corporation business or organization. Activities in which an individual or group is knowingly being monetarily funded or organized by any individual, corporation, business or organization that has been designated as a foreign terrorist organization or foreign adversary by the United States Department of State, pursuant to 8 U.S.C. 1189 or 15 CFR 7.4. Any criminal activity which is prohibited under Title 14 of the Louisiana Revised Statutes of 1950 or any other provision of state law with criminal penalties.
Material and Substantial Disruption
“Material and Substantial Disruption” means when a person, with the intent and knowledge of doing so, significantly hinders free speech and First Amendment protected activities, prevents the communication of the message, or prevents the transaction of business of a lawful meeting, gathering or procession by either of the following: (a) Engaging in assault, battery attempted battery, violence, or similar behavior in violation of Title 14 of the Louisiana Revised Statutes of 1950 or any other provision of state law with criminal penalties, (b) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in a free speech and First Amendment protected expressive activity.
Student Organization
“Student organization” means an officially recognized group at a public postsecondary education institution, or a group seeking official recognition, comprised of enrolled students.
Student on Student Discriminatory Harassment
“Student on student discriminatory harassment” is unwelcomed conduct that targets a victim in violation of this Part and is so severe, pervasive, and objectively offensive and so undermines and detracts from the victim’s educational experience that the victim is effectively denied equal access to an institution’s resources and opportunities.
Time, Place, and Manner Limitations
In order to maintain safety, security, and order, the University reserves the right to limit such activities by the following regulations regarding time, place, and manner of such activities. Except as allowed by law, the University shall not apply these restrictions in a discriminatory manner toward the content of the view being expressed or the speaker, or in any manner that otherwise infringes on any form of speech or conduct that is protected by the First Amendment.
Large Group Expression:
If an individual or group of individuals attracts a group of 20 or more persons, then a representative from the group is encouraged to contact the Student Development Office or University Police as soon as circumstances reasonably permit. The University reserves the right to direct a group of 20 or more persons to another available Public Area in order to ensure the safety of campus members, to provide for proper crowd control, and to limit disruption of the academic and other operations of the University. Any relocation must not be based on the content or viewpoint of the expression.
The following equipment limitations and prohibited activities apply to all expressive activity in Public Areas:
Equipment Limitations:
No musical instrument or sound amplification equipment of any kind, including stereo speakers, turntables, stationary or mobile public address systems are allowed on Public Areas without the advance approval by the office of the Senior Vice President and Chief Operating Officer.
Prohibited Activities:
Expressions, assemblies, or demonstrations may not:
- Engage in provocations by fighting words or incitements to engage in immediate violence;
- Make threats which demonstrate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals;
- Interfere with the free and unimpeded flow of pedestrian and vehicular traffic on campus or the entry or exit into and out of University facilities;
- Materially and substantially disrupt the normal activities of the University;
- Express or exhibit obscenity as defined by law;
- Advocate the deliberate violation of law by preparing the group addressed for imminent action and seeing it to such action.
- Engage in commercial or for-profit activities absent a prior written agreement with the University authorizing such activities.
Enforcement:
Administration, enforcement, and appeals: These regulations shall be administered and enforced by the office of the Senior Vice President and Chief Operating Officer, the University Police, and such other University officials as shall be designated. Visitors to the campus and all others violating these regulations regarding time, place, and manner of speech and demonstration will be subject to immediate eviction or removal from the campus without further warning by appropriate University agents or officials and may be subject to appropriate legal action. Individual students violating these regulations may, upon written complaint to the office of the Senior Vice President and Chief Operating Officer, be subject to action by the Behavioral Standards Committee. Student organizations violating these regulations may, upon written complaint to the office of the Senior Vice President and Chief Operating Officer, be subject to action by the Student Organizations Committee.
Non-Endorsement:
Nothing in this policy is intended nor should be understood as an endorsement or approval by Louisiana Tech University of any speech or demonstration, an invitation or license to speak or demonstrate, or the granting of any right or permission to speak or demonstrate on campus beyond the rights existing under federal and state law. For more information, contact the office of the Senior Vice President and Chief Operating Officer.
Appeals:
Any person aggrieved by a violation of this policy may file a written appeal of the decision or action to the Senior Vice President and Chief Operating Officer or his or her agent within fourteen (14) calendar days of the decision or action. The Senior Vice President and Chief Operating Officer shall provide a written response to the appellant within fourteen (14) days of receipt of the appeal unless, for good cause, additional time is needed to ascertain facts or speak with the appellant or relevant officials. If additional time is needed, such time shall not exceed an additional fourteen (14) days and a notice of additional time needed shall be delivered to the appellant in writing before expiration of the original fourteen (14) day response time. The decision of the Senior Vice President and Chief Operating Officer shall be final.
Superseding Policy:
This policy supersedes and nullifies any provision in the policies and regulations of the University that restricts speech on campus and is therefore inconsistent with this policy on free expression.
INTRODUCTION
Louisiana Tech University is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect. Students, faculty, and staff members of the University have the right to access and benefit from educational and other programs and services of the University free from any form of sexual violence, harassment, or exploitation. Louisiana Tech University does not tolerate sexual misconduct or harassment of any kind.
Gender-based discrimination, sexual harassment, sexual violence (rape, sexual assault, domestic violence, dating violence & stalking), and all other forms of sexual misconduct are prohibited by federal and state law, including Act 472 of the 2021 Legislative Session of the Louisiana Legislature (Act 472), Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act of 1964 (Title VII), the Violence Against Women Act (VAWA), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), and other applicable laws.
Sexual discrimination, sexual misconduct and power-based violence cases may be adjudicated under the University’s Power-Based Violence procedures or Title IX procedures based on jurisdiction.
Click the link to review the University’s policies and procedures regarding Power-Based violence and Title IX.
Reporting Options
Reports of sex discrimination, sexual misconduct, and power-based violence as well as questions regarding Title IX and concerns about non-compliance should be directed to the Title IX Coordinator. Reports may be submitted in person, by phone, in writing, electronically, or anonymously and may be submitted by complainants, third parties or bystanders to the Title IX Coordinator.
Dr. Mortissa Harvey – Title IX Director
Office Location: Wyly Tower 1536
Phone: 318.257.5911
Email: mharvey@latech.edu
Individuals may file a report of sex discrimination, sexual misconduct, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking (on the basis of sex) or retaliation by completing the following online form:
Sex Discrimination and Sexual Misconduct/Power Based Violence Report Form
If the University is notified of sex discrimination and/or sexual misconduct, we will:
- Take immediate and appropriate steps to investigate the report/incident
- Take prompt action to end the prohibited conduct and resolve the situation
- Take appropriate steps to prevent recurrence of future incidents
Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the University’s education program, including measures designed to protect the safety of all parties or the University’s educational environment, and/or deter power-based violence, including sexual harassment, sex discrimination, and/or retaliation.
The Title IX Coordinator promptly makes Supportive Measures available to the parties upon receiving a Report.
The University will maintain the privacy of the Supportive Measures, provided that privacy does not impair the University’s ability to provide the Supportive Measures. The University will act to ensure a minimal academic impact on the parties to the extent possible in providing Supportive Measures. The University will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:
- Referral to counseling, medical, and/or other healthcare services
- Referral to community-based service providers
- Student financial aid counseling
- Education to the community or community subgroup(s)
- Altering campus housing assignment(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Providing campus safety escorts
- Providing transportation accommodation
- Implementing contact limitations (no contact orders) between the parties
- Academic support, extensions of deadlines, or other course/program-related adjustments
- Trespass or Be-On-the-Lookout (BOLO) order
- Class schedule modifications, withdrawals, or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Any other actions deemed appropriate by the Title IX Coordinator
Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement. An employee’s or student’s failure to comply with the terms of Supportive-Measure directives is a separate violation of the University Code of Conduct.
Confidential Advisors are available to help. Confidential Advisors are designated individuals who have been trained to aid a person involved in a sexual misconduct complaint in the resolution process as a confidential resource.
Contact Information for obtaining a Confidential Advisor:
During Office Hours: After Office Hours:
Counseling Services Campus Police will notify a counselor on your behalf
Keeny Hall 310
318.257.2488
If the incident or situation is criminal in nature, immediately contact the University Police Department or local police where the incident occurred. The University Police Department is located at South Hall, 1104 Hergot Avenue, 318.257.4018.
Louisiana Tech University
Office of the Senior Vice President and Chief Operating Officer for Student Advancement
Louisiana Tech Students,
Alcohol and other drug abuse has reached epidemic levels on many of our nation’s college campuses resulting in the waste of America’s most treasured resource: her youth. Realizing the gravity of this situation, President George Bush signed into effect the Drug-Free Schools and Community Act Amendments of 1989 (Public Law 101-226) on December 12, 1989. Therefore, Louisiana Tech has adopted an alcohol and drug-free campus. This law requires colleges and universities not only to adopt and implement programs to prevent illicit use of drugs and the abuse of alcohol on campuses, but also to necessitate the distribution of relevant information specified in these five standards:
I. Louisiana Tech University’s code of conduct concerning unlawful use of alcohol and other
drugs.
II. A description of local, state, and federal alcohol and other drug sanctions.
III. A description of the health risks associated with alcohol and other drug abuse.
IV. A description of vicinity drug and alcohol counseling, treatment or rehabilitation programs.
V. Louisiana Tech University’s alcohol and other drug policy governing violations.
Please read and review the following pages concerning Louisiana Tech University’s responses to these standards. Every student and employee of the University plays an important role in helping maintain a learning and living environment that is free of alcohol and other drug abuse.
Sincerely,
Senior Vice President and Chief Operating Officer
STANDARD I
Louisiana Tech University adheres to all local, state, and federal laws pertaining to the use of alcohol and other drugs and will not tolerate violations thereof. The University prohibits the unlawful possession, use, or distribution of alcohol and other drugs on University property or as part of University activities.
STANDARD II
There are many local, state, and federal laws, which pertain to the illegal consumption, use, and distribution of alcohol and other drugs. The consequence of illegal use of these substances could result in a criminal record that may have devastating effect on your educational plans and career. You may report illegal drug activity through Tech Crime Stoppers at 257-4018. Please help us provide a safe educational environment.
STANDARD III
Alcohol and other drugs can have a devastating effect on the body. Short-term effects of even casual drug use can be noted immediately; indeed, even small doses of a drug can have a disastrous impact. But even more alarming are long-term effects – that damage the heart, lungs, muscles, bones or skin – which will not be evident for years and possibly will be permanent. Be informed, be aware.
Drug Free Schools and Communities Act
Federal law, including the Drug Free Schools and Communities Act, continues to prohibit marijuana. In compliance with the federal Drug Free Schools and Communities Act, Louisiana Tech University prohibits the unlawful manufacture, dispensation, possession, use, or distribution of a controlled substance (illicit drugs and alcohol) of any kind and of any amount. This prohibition applies even if an individual has been issued a Medical Marijuana prescription or identification card, permitting that individual to possess a limited amount of marijuana for medicinal purposes; those with medical marijuana cards are not permitted to use medical marijuana on campus. These prohibitions cover any individual’s actions which are part of any university activities, including those occurring while on University property or while representing the University away from the campus.
Alcohol and Drug Amnesty Policy
The purpose of this policy is to increase the likelihood that medical attention is provided to students who need it due to potential emergent medical situations associated with alcohol intoxication or use of drugs by removing impediments to seeking such assistance. This policy is intended for use in isolated situations; therefore, it does not excuse or protect those who flagrantly or repeatedly violate University policy. Additionally, this policy is applicable to bystanders as well. The decision to grant amnesty under this policy is solely within the University’s discretion and is not appealable.
When a student is intoxicated or under the influence of drugs and proactively seeks medical assistance for self or others, stays with the victim, and fully cooperates with emergency personnel, they may be granted amnesty from formal disciplinary action by the University for violating alcohol or drug policies. Students who request amnesty only after being met by University police, other law enforcement agencies, or University staff will not be eligible. As a condition of being granted amnesty from formal disciplinary action, the student must meet with a Student Conduct official, who may assign educational alcohol and drug corrective measures such as counseling.
Criteria for granting amnesty may include but is not limited to: the severity of the incident, the student’s disposition regarding the incident, whether the student has been granted amnesty in the past, and the student’s previous conduct record. Amnesty will not extend to other conduct violations associated with the incident, including but not limited to distribution of drugs, hazing, vandalism, or violent offenses. The amnesty policy only applies to the University’s student conduct process.
The Senior Vice President and Chief Operating Officer or their agent has the authority to direct the activities of a student organization in an effort to correct the inappropriate behavior of the organization’s membership and/or immediately suspend that activity or student organization which is interfering with the operation of the University community or which is not in keeping with the mission of the University or the student organization. This administrative suspension shall be for a period not to exceed ninety days and will be subject to the review of the University’s Student Organizations Committee.
Any activity which leads an individual to believe that the University is condoning an activity, behavior, or belief that is found to be offensive to a group or an individual within the University community is subject to suspension until further review by the University’s Student Organizations Committee.
OFF-CAMPUS VIOLATIONS
Students apprehended for off campus violations of local, state, and federal laws are clearly within the jurisdiction of civil authority. The University’s concern may extend to off-campus violations of local, state, and federal laws if the individual student, a student organization, or group of students uses the University’s name to falsify its position or to associate it with a cause not appropriate to the mission of the University or when it serves to reflect on the quality of citizenship of the individual, organization, or group.
Student organizations or groups will assume complete responsibility for off-campus activities including the conduct of any and all participants attending such functions. Failure to accept and/or discharge this responsibility will subject the violating student organization or group to review by the University’s Student Organizations Committee.
STUDENT ORGANIZATIONS COMMITTEE’S PROCEDURES
As detailed in ACT 464, “Due Process and Protection Act,” any student or recognized student organization accused of violating Student Conduct rules is entitled to the following:
- Right to be informed of their rights.
- Right to receive notice of the alleged violation.
- Right to be informed of the evidence the institution used to make the charge.
- Presumption of innocence.
- Access to an administrative file that contains all non-privileged documents pertaining to the allegation.
- Elimination of conflicts of interest among counselors, investigators, institutional prosecutor, and adjudicators.
- Right to appeal.
- Right to legal counsel at your own expense, or a non-attorney advocate.
- Right to examine and cross-examine witnesses.
- Private right of action against the institution to recover actual damages.
See the following link for the complete bill: https://legiscan.com/LA/text/HB364/2022
All disciplinary hearings will be closed except to those involved in the hearings. Other meetings of the Student Organizations Committee are open. Any request to the Student Organizations Committee to consider changes in the guidelines to the student organization contract or student organization manual must be submitted in writing to the Office of Student Conduct and Academic Integrity or the Chairperson of the Student Organizations Committee.
Recusal Policy
Any alleged party may request the recusal of any faculty, staff or student member participating in the Student Organizations Committee (SOC) hearing process on the grounds of personal bias or conflict of interest by submitting a written statement to the Senior Vice President and Chief Operating Officer or their agent stating the exact nature of the request and the reason(s) the SOC board member cannot be impartial. The agent may not be the same individual responsible for adjudicating the conduct allegation. The written request, which must be signed and dated, should be submitted at least four (4) business days prior to the hearing. Senior Vice President and Chief Operating Officer or their agent will determine whether to honor the request or not. All involved parties will be notified accordingly.
Composition
Chair – Director of Student Activities
(4) Staff members – Appointed by the Senior Vice President and Chief Operating Officer
Faculty representative
Greek Life advisor
Interfraternity Council president
NPHC president
Panhellenic president
Student Government Association president
Union Board president
Quorum
The presence in person of five members of the Student Organizations Committee consisting of chair, two student representatives and two faculty/staff representatives shall constitute a quorum. The chair of the committee will vote only in the event of a tie vote.
Authority of the Committee
Measures of Discipline - The Student Organizations Committee may use various measures of discipline, depending upon the seriousness of the situation, some of which are as follows:
Counseling - Establishes a series of private conferences with the student organization in an effort to help the membership better understand the importance of (a) assuming the responsibility of a mature citizen, (b) being able to adjust to the behavioral standards of the University community of which they as a student organization chose to be a member, and (c) being considerate of other people and their rights.
Reprimand - Consists of a letter, which becomes a matter of record of an incident of behavior that does not meet the acceptable standards of conduct by a student organization at the University.
Suspension of Social Privileges - Prohibits the student organization from sponsoring and/or attending any activities, or participating in activities sponsored by, but not limited to, the (a) Union Board, (b) Louisiana Tech Concert Association, (c) Student Center, (d) Intercollegiate Athletic Department, and (e) the Intramural Department.
Probation - Specifies a period of time in which the student organization is given an opportunity to prove that it can abide by the behavioral standards of the University.
Replacement and/or Repair to Property - Provides that the student organization must produce written evidence by a designated date that he/she has replaced and/or repaired to the owner’s satisfaction any unauthorized damaged or appropriated property.
Areas Placed Off-Limits - Restricts the use of certain areas or facilities by the student organization.
Suspension of a Student Organization - the suspension of a student organization’s contract and all the rights and privileges thereof for a specified period of time, thus prohibiting any group of students requesting recognition of the University under the same name or constitution during the period of suspension.
Recognition - To approve or disapprove official recognition.
APPEALS
Administrative Action of the Student Organizations Committee
Any student organization may appeal an administrative action of the Student Organizations Committee. The respective agent for the student organization shall notify in writing the Chair of the Administrative Review Board (ARB) of its intention to lodge an appeal within fourteen (14) business days after notice of the committee’s decision. Late notices of intent to appeal will be accepted or rejected by the Chairperson of the Board after hearing the agent’s reasons for late submission. The entire record of the prior proceedings and all evidence previously presented shall be automatically transmitted to the ARB.
Composition
Assistant Vice President for Student Advancement or agent (Chair)
Representative from Division of Administrative Affairs
Representative from the Division of Academic Affairs
Representative from the Division of Alumni Affairs
Quorum
The presence in person of three members (2 members and Chair) of the Administrative Review Board (or their duly appointed representatives) shall constitute a quorum.
Any decision that has brought about an appeal will remain in effect until the final appeal is resolved.
Procedures for Appeals
A student organization may issue a written appeal to a decision if any of the following apply:
A. new evidence
B. contradictory evidence
C. no due process
D. disproportionate sanctions
The Administrative Review Board (ARB) may, at its discretion, take any of the following actions:
A. grant the appeal
B. deny the appeal;
C. order a new hearing; or
D. reduce or modify the sanction(s).
It should be noted that this agreement is designed as a supplement to the Code of Student Rights, Responsibilities, and Behavior, which governs the activities of individual students of the University. The purpose of the supplement is to comply with Section 5.03.06 of that code, which states that the University is responsible for setting forth clearly stated rules, regulations, policies, and procedures that relate to student life.
SECTION ONE: PREAMBLE
Academic integrity at Louisiana Tech University is based upon and encompasses the Tenets of Tech: integrity, respect, honesty, fairness, leadership, loyalty, enthusiasm, caring, hope, pride, confidence, excellence, commitment, and knowledge. Through the active pursuit of academic integrity, the University strengthens the value of the education and degrees that students seek to earn. Conversely, misconduct tarnishes the reputation of Louisiana Tech University and discredits the accomplishments of current students as well as graduates. Consequently, the University expects that all members of its academic community will demonstrate honesty and integrity in all academic relationships.
The purpose of the Honor Code is to articulate and support the interests of Louisiana Tech University in maintaining the highest standard of conduct in academic affairs. This policy has been developed to provide students and faculty with guidelines to determine what behaviors violate the Honor Code and procedures for dealing with behaviors alleged to be in violation of the Code.
SECTION TWO: HONOR CODE STATEMENT
Being a student of a higher standard, I pledge to embody the principles of academic integrity.
SECTION THREE: HONOR CODE VIOLATIONS
Acts that will be considered violations of the honor code are grouped in the categories that follow. It will be considered a violation of the Louisiana Tech University Honor Code to commit or to attempt to commit any offense as outlined below:
3.1 Cheating - Cheating is defined as the act of giving unauthorized assistance to or receiving unauthorized assistance from another individual or source such as AI for the purpose of completing academic requirements. This includes, but is not limited to, the completion of homework, tests, projects, or research assignments. Some examples of cheating are:
3.1.1. During an examination, having direct access, referring to information not specifically allowed by the instructor or receiving information from another student or another unauthorized source. Also included would be allowing another student to copy one’s paper.
3.1.2. Representing another person’s work or any part thereof, be it published or unpublished, as one’s own, which is referred to as “plagiarism.”
3.1.3. Copying another’s entire paper and claiming it as one’s own.
3.1.4. Copying a part of a paper or another source and claiming it as one’s own.
3.1.5. Copying information from a source word for word without using citations.
3.1.6. Copying information from a source but changing the words around without using citations.
3.1.7. Obtaining, distributing, or referring to a copy of an examination which the instructor and/or department have not authorized to be made available for such purpose.
3.1.8. Submitting work that has been previously or is being concurrently used in a different class by oneself or by another student. Special permission must be obtained from the instructor or professor if a student wishes to utilize or develop further any work
prepared for another class.
3.1.9. Misrepresentation of data for any purpose will represent a violation of the standards of the honor code.
3.2 Falsification - Falsification is defined as altering official University documents, forging signatures of University officials or any other individual, or any other attempt to misrepresent official institutional documents or records. This also includes the alteration of grades or any other records related to the academic performance of students, whether another student’s or one’s own. This shall also include submitting any false records in order to gain admission to the University. Violations include not only falsification of records but also oral and written misrepresentation of truth in any kind of communication with University officials. This violation will result in automatic referral to the Office of Student Conduct.
3.3 Stealing/Unauthorized Access - This violation includes acquiring unauthorized access to property, information, or materials that belong to another person. These materials or property may belong to a faculty member, a staff member, the university, or another student and can be acquired in any form, including electronic information. This violation will result in automatic referral to the Director of Student Conduct & Academic Integrity
3.4 Handling or Using Unauthorized Devices and/or Violating Behavioral Testing Instructions – This violation includes but is not limited to using or handling cell phones, PDAs, MP3 players, or unauthorized calculators when use of the device has been prohibited by the instructor. This violation could also include unauthorized communicating during an exam or looking at someone else’s test paper.
It will also be considered a violation of the Louisiana Tech Honor Code to assist, attempt to assist, or conspire to assist another student in committing the offenses as outlined above. A second reported offense shall result in referral to the Behavioral Standards Committee.
SECTION FOUR: HONOR CODE VIOLATION INITIAL ACTION
Upon a determination by University faculty or staff that there has been a violation of the Honor Code, he/she may invoke sanctions without referral to the Honor Council. The student will have the option to accept the penalty without a hearing or to request that the matter be referred to the Honor Council for an appeal. If the student accepts the sanctions without appeal, it shall be the responsibility of the instructor to report the violation and sanctions imposed to the Office of Student Conduct & Academic Integrity.
On other occasions, the instructor may feel that there was a possible Honor Code violation and will have the option to refer the matter directly to the Honor Council for appropriate action.
Should a student wish to report a violation of the Honor Code, he or she should notify the instructor or the Director of Student Conduct & Academic Integrity, as is appropriate.
SECTION FIVE: THE HONOR COUNCIL
The Honor Council shall be comprised of faculty, staff, and students.
Quorum - The presence of a chairperson and six members with at least one student member; and, with a quorum present, the Committee may perform any of its functions and exercise any of its powers.
Recusal - Any member of the Committee who is involved or associated with the case being considered may excuse himself or herself. The accuser or the accused may petition for the recusal of a committee member.
All hearings will be closed except to those involved in the hearings.
SECTION SIX: HONOR COUNCIL PROCEDURES
These procedures will apply when a student is referred to the Honor Council for infractions or violations of University Honor Code. The purpose of the hearing is to determine if an Honor Code violation has occurred.
The student will be given written notification at least ten (10) business days before the date set for the hearing. The notification will include a statement of the alleged academic misconduct; the date, time, and place of the meeting of the hearing board; a statement of the right to review evidence and a list of witnesses presented at the hearing; and a statement of the right to bring witnesses on his/her behalf.
Both the accuser and the accused will be informed that the student may bring one representative (either personal or legal counsel) who may attend and advise the student but may not present the student’s case. The representative or the attorney, when applicable, has no standing in the proceedings but may provide advice to the respective student in a quiet manner that is not disruptive to the proceedings. The student shall give the Council notice in writing at least five (5) business days prior to the meeting date if they plan to bring a representative and/or witness(es). The representative cannot be a witness. Witnesses and the representative must be identified by name and by their role (classmate, group member, TA, random observer, friend family member, attorney, etc.) as it relates to the case.
The student will be notified that he/she can present evidence or witnesses on his/her behalf, that the student will have a reasonable opportunity for questioning witnesses appearing against him/her, and the Council shall be empowered to hear or not to hear such witnesses and evidence as it may deem relevant and fair, including, but not limited to, any information made as a part of the original report.
The Senior Vice President and Chief Operating Officer or their agent will be present at this hearing to present the case to the Honor Council.
Once a date, time, and meeting place of the hearing have been established, the student has been duly notified, and a Council quorum has been convened, the hearing will be held even if the student or his/her personal representative or both of them fail to appear. However, if in the opinion of the Chairperson of the Honor Council, there is just cause for delay of the hearing, the Chairperson may reschedule it for a later date. For purposes of this section, “just cause” means any eventuality that would prevent the student from receiving a fair hearing.
SECTION SEVEN: HONOR COUNCIL SANCTIONS
7.03 Sanctions Recommended by the Honor Council
7.03:01 Academic Sanctions can include but are not limited to any combination of the following:
7:03:01(a) Assignment of additional work in the class to provide evidence of the student’s academic knowledge of the material.
7:03:01(b) Participation in the University SMART HABITS Academy. The purpose of this seminar is to provide an educational venue for students to build academic skills and to address college adjustment issues and academic integrity.
7:03:02 Administrative Probation - A precautionary measure which carries the provision that continued enrollment depends on strict compliance with University academic standards. Administrative probation shall be for a definite period of time.
7:03:03 Referral to Behavioral Standards Committee - The Honor Council may refer a student to the Behavioral Standards Committee if the committee members deem that the violation is beyond the scope of the Honor Council. Any sanction involving referral to the Behavioral Standards Committee is not appealable. Due process is guaranteed through the Behavioral Standards Committee process.
7:03:04 Suspension Recommendation - The Honor Council may refer the case to the Behavioral Standards Committee with a recommendation for suspension or expulsion.
The Honor Council may determine that the evidence of an alleged violation is not compelling enough to find the student in violation. In such an instance, the student is to follow the normal grade appeal process.
SECTION EIGHT: APPEALS
Procedures for Appeal
A student may issue a written appeal following a decision by the instructor, to the Honor Council, or Administrative Review Board if any of the following apply:
A. procedural error
B new evidence
C. unsupported conclusion
D. disproportionate sanctions
Students initiating the appeal process should be aware that an appeal can result in a finding of responsible or not responsible as it relates to the charge, upholding the original non-grade sanction(s), reducing non-grade sanction(s), or increasing non-grade sanction(s).
Prerequisite to All Appeals - An appeal shall not be considered until the complaining student has exhausted all prior appeals.
Appeal of Instructor’s Sanction(s)
Any student may appeal a sanction levied by an instructor for an honor code violation. The student must appeal (through the Office of Student Conduct & Academic Integrity - 333 Keeny Hall) within five (5) business days after notice of the instructor’s decision has been emailed or verbally given to the student. Late notices of appeal will be accepted or rejected by the Director of Student Conduct after hearing the student’s reasons for failure to comply with the preceding sentence. In appeals regarding administrative actions of the instructor of record, the Honor Council shall hear and decide the merits of the accusation and the sanction imposed as if the matter were being brought before it initially. The instructor of record will be present at this hearing.
Important Notice: The student should continue to attend class and complete all required coursework, when applicable, while appealing the instructor’s sanction(s). The aforementioned is extremely important if the student intends to later pursue the grade change appeal process, which is a separate process from the Honor Council appeal process. The grade change appeal process is handled by the respective college. For example, if the Honor Code violation happened in a marketing class, then the grade change appeal would be handled by the College of Business through the dean’s office.
Appeal Honor Council’s Decision
Within five (5) business days after notice of a decision of the Honor Council, the aggrieved student shall have the right to appeal to the Administrative Review Board. To do so, the student shall give written notification to the Assistant Vice President for Student Advancement of their appeal to the Administrative Review Board. The Assistant Vice President for Student Advancement shall, within a reasonable time, set a date, time, and place for review of the decision of the Honor Council and notify the student thereof. Late notices of appeal will be accepted or rejected by the Assistant Vice President for Student Advancement after hearing the student’s reasons for failure to comply with the preceding sentence. The entire record of proceedings and the evidence presented before the Honor Council shall be automatically transmitted to the Administrative Review Board. The student may, at his/her discretion, submit additional written evidence which is relevant to the issue before the Board. The Assistant Vice President for Student Advancement or their agent will be present at this hearing. The Administrative Review Board may take any one of the following actions:
A. approve the recommendation submitted by the Honor Council;
B. amend and approve the recommendation; or
C. return the recommendation for further study.
SECTION NINE: ADMINISTRATIVE REVIEW BOARD
The Administrative Review Board shall consist of the following:
A. The Assistant Vice President for Student Advancement or their agent, as chairperson;
B. The Provost or their agent and
C. The Dean of the college in which the student is registered or their agent.
Quorum - The presence in person of two members of the Administrative Review Board (or their duly appointed agents) shall constitute a quorum.
All hearings will be closed except to those involved in the hearing.
SECTION TEN: EFFECTUATION OF SANCTIONS
In cases where the decision or recommendation of the disciplinary body or functionary is other than a recommendation to the Behavioral Standards Committee to suspend or expel the student, the sanction shall take effect from the time the student is informed by the appropriate official.
Sanctions other than Suspension and Expulsion Recommendations
In cases where the recommendation of the Honor Council to the Behavioral Standards Committee is to suspend or expel, the case shall be referred immediately to the Behavioral Standards Committee for appropriate action.
Failure to Comply:
Any student receiving sanctions from the Honor Council and failing to fulfill the requirements set forth within the prescribed time period shall be referred to the Behavioral Standards Committee.
Introduction
The goal of Louisiana Tech University and its faculty and students is to foster a dynamic environment of higher learning where all students develop analytical skills, learn to think critically and communicate effectively, promote inquiry, pursue knowledge, and prepare for productive careers. Behavior in the classroom that impedes teaching and learning and creates obstacles to this goal is considered disruptive and therefore subject to sanctions. The purpose of these sanctions is to create and protect an optimum learning experience for all students. The sanctions should not be considered punitive, either by the student or by the instructor. Disagreement expressed in a civil fashion, eccentricity, idiosyncrasy, and unconventional behavior are not, per se, disruptive to the classroom experience. These sanctions are intended only to preserve the classroom as a place to pursue knowledge, exchange ideas, and share opinions in an atmosphere of tolerance. Students have the responsibility of complying with behavioral standards. Faculty members have a professional responsibility to set reasonable limits on the expression of opinions while treating students with dignity, respect, and understanding while guiding classroom activities. At the classroom level, clear guidelines for behavior and early intervention are the foundation for an intellectually stimulating experience for students and instructors alike. Instructors are encouraged to include in their syllabi guidelines for classroom behavior. Instructors who state these guidelines early and enforce them at the first appearance of disruptive behavior prevent minor episodes of classroom misconduct from escalating into serious confrontations and help transgressors to avoid the more serious consequences of such actions. The instructor has ultimate control over classroom behavior and may dismiss or remove from the classroom any student engaged in disruptive behavior.
Guidelines for Classroom Discipline
- In the case of an incident involving a disruptive student, the instructor of record for the course will communicate with the student as soon as possible after the first incident of disruptive behavior to clearly address the inappropriate behavior, review the classroom rules, and instruct the student on the behavior that is required in the future.The instructor will document this conversation.
- If the disruptive behavior continues, as soon as possible, the instructor will provide a written warning to the student identifying the prohibited behavior that occurred, the rules that were violated, and the behavior that is required in the future.The warning could include notice that any subsequent violations of the classroom rules may result in one or more of the following sanctions:removal from the class, grade of F on an assignment, grade of F in the course, or referral to the Office of Student Conduct and Academic Integrity.
- If the disruptive behavior continues or is serious, the instructor will document the disruptive behavior and notify the Office of Student Conduct and Academic Integrity using the following report: https://cm.maxient.com/reportingform.php?LouisianaTech. The report should also include a copy of all documentation of the student’s previous disruptive behavior. The instructor will notify his/her Academic Director or Department Head and Dean of the matter. The Student Conduct and Academic Integrity Office will be responsible for handling the complaint in accordance with the Code of Student Rights, Responsibilities, and Behavior. If the student is found in violation of the Code of Student Rights, Responsibilities, and Behavior, one or more of the following sanctions may apply: administrative probation, community service, counseling, or removal from the University.
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