Policy On Student Rights, Freedoms, and Responsibilities

Loyola University New Orleans was founded by and is administered by the Roman Catholic Fathers of the Society of Jesus for the purpose of promoting education at the university level in accordance with principles that are based on the eternal truths and for the greater honor and glory of God and country. Any interpretation of the articles of this policy statement which is contrary to the above statement of purpose and principles shall be inaccurate.

Loyola exists for the transmission of knowledge, the pursuit of truth, the development of the spiritual and intellectual capabilities of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. Students, faculty, administration, and staff represent the integral parts of the academic community; they share responsibility for the proper functioning of Loyola in the pursuit of its educational goals. As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. The academic community must exercise this freedom with responsibility to both itself and the larger community. The purpose of this statement is to enumerate policies to assure students’ freedom to learn and the concomitant responsibilities attendant upon this freedom.

Freedom of Access to Higher Education

The admissions policies of Loyola are established by the president and the Board of Trustees acting on the recommendations of the University Committee on Admissions Standards and Policies and are administered by the Office of Admissions and the Admissions Review Committee. In the administration of these policies, the race, religion, sex, disability, and national origin of an applicant are not bases for the denial of admission. The general characteristics of each entering class will be available for the examination by any potential applicant. In no instance will the facilities and services of the university be denied a part of the student body because of race, color, creed, gender, sexual orientation, physical impairment, national or ethnic origin, or age.

Freedom in the Classroom

The professor in the classroom and in a conference should encourage free discussion, inquiry, and expression in the subject of the course. Student performance is to be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.

Protection of Freedom of Expression

Students are free to take reasoned exception to the information or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.

Protection Against Improper Disclosure

Information about student views, beliefs, and political associations which professors acquire in the course of their work as instructors, advisers, and counselors is considered confidential. Protection against improper disclosure is a serious professional obligation. Judgments of ability and character may be provided under appropriate circumstances, normally with the knowledge and consent of the student.

Protection of Student Records

The student’s permanent educational record remains a personal document, and its contents are revealed only under rigid regulations as specified in Public Law 93-380, as amended.* Academic transcripts contain only information concerning the academic status of the individual; disciplinary records are maintained separately from academic records in order to prevent simultaneous disclosure. No records are available to unauthorized persons within or without the academic community without the express consent of the student involved (or his or her legal guardian in the case of a student who is a minor).

Civil authorities must present an order of the court to have access to these records. Administrative staff and faculty should respect confidential information about students which they acquire in the course of their work. Students should likewise exercise extreme caution in the circulation of information about fellow students that does not have a direct bearing upon their academic performance. The student has the right to obtain a copy of his or her academic transcript from the Office of Student Records.

Protection Against Sexual Harassment

Loyola University, consistent with its Goals Statement and the Loyola Character and Commitment Statement, fosters respect for the dignity and worth of all members of the Loyola community and is committed to maintaining an educational and working environment free of sexual harassment. Sexual harassment is immoral and illegal and will not be tolerated.

Sexual harassment may occur within a variety of relationships. Some such relationships involve unequal authority, as between supervisors and employees supervised, faculty members and students, residence hall staff and student residents, and student leaders and other students. Additionally, certain types of sexual harassment can occur between individuals who are of equal status, such as harassment occurring between students, employees, and faculty members. All allegations of sexual harassment will be scrutinized, regardless of the relationship of complainant to an alleged offender.

Loyola reaffirms and emphasizes its commitment to provide an environment free from sexual harassment and to provide a means to remedy sexual harassment that may be experienced by any member of the university community. All complaints of sexual harassment will be investigated. Any member of the university community who, in good faith, makes a complaint of sexual harassment, will not be subjected to retaliation in any form. Any individual violating the prohibition against retaliation may be subject to disciplinary action.

All members of the Loyola University community are encouraged to utilize the procedures set forth in this policy any time they believe they have been subjected to sexual harassment or believe they have witnessed sexual harassment of or by another community member.

A detailed statement of Policy and Procedure on Sexual Harassment is located in Chapter 10 of the Student Handbook, and on the university web page.

Standards for Curricular and Co curricular Student Activities Freedom of Association

Students bring to the campus a variety of interests previously acquired and develop new interests as members of the academic community. They should be free to organize and join associations to promote their common interests.
The membership, policies, and actions of a student organization are determined by vote of only those persons who hold or have held bona fide membership in the university community.
Affiliation with an extramural organization does not of itself disqualify a student organization from university recognition.
Campus advisers are required for each organization: each organization is free to choose its own, subject to approval by the vice president for student affairs and associate provost. University recognition will not be withdrawn immediately solely because of the inability of a student organization to secure an adviser. Chartered student organizations will have up to six months to secure an adviser and the vice president for student affairs and associate provost will consider any extenuating circumstances which may require a further extension of the time required to secure an adviser. Campus advisers counsel organizations, but they do not have the authority to control the policies of such organizations.
Student organizations are required to submit such statements as may be deemed necessary; however, they are not required to submit a membership list as a condition of institutional rechartering.
Campus organizations, including those affiliated with an extramural organization, are open to all students without respect to race, color, creed, gender, sexual orientation, physical impairment, national or ethnic origin, or age as a condition for university recognition (social fraternities and sororities, NIC, NPC, and NPHC Greek letter organizations may require gender qualifications as a condition of membership as authorized by law). Religious qualifications may be required by organizations whose aims are primarily religious. Implementation of this policy is the responsibility of the nine-member Standing Committee on Student Rights, Freedoms, and Responsibilities appointed by the president and composed of equal representation by students, faculty, and administration.

Freedom of Inquiry and Expression

Students and student organizations are free to examine and to discuss all questions of interest to them and to express opinions publicly and privately. They are free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. It should be made clear to the academic and the larger community that in their public expressions or demonstrations students and/or student organizations speak only for themselves and are bound by standards of conduct published by the university.
Any segment of the academic community is free to invite and to hear any personality and idea presented in the university forum. It must be made clear to the academic and larger community that such sponsorship of speakers does not imply approval or endorsement of the views expressed, either by the sponsoring group or by Loyola.
It is incumbent upon the academic community to insure that the university forum is neither disregarded nor taken lightly since the forum reflects on every member of the academic community. The procedures designed by the academic community should insure the orderly scheduling of facilities and adequate preparation for the event so that each occasion is conducted in a manner appropriate to the academic community. The institutional control of campus facilities will not be used as a device of censorship. The Standing Committee on Student Rights, Freedoms, and Responsibilities shall be the board of appeal on action taken under this section.

Student Participation in Institutional Government

As constituents of the academic community, students are free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. The student body should have clearly defined means to participate in the formulation and application of institutional policy affecting academic and student affairs. The role of the student government and both its general and specific responsibilities should be made explicit, and the actions of the student government within the areas of its jurisdiction should be reviewed only through orderly and prescribed procedures.

Student Communications Media

At Loyola, the student body is able to communicate through the newspaper, WLDC television, and other campus-wide media. Each activity is a valuable asset to the university as a medium through which free and responsible discussion can be fostered and through which intellectual exploration can be furthered. Each is a means by which student concerns can be brought to the attention of the entire academic community and by which ideas to advance the university can be explored.
In order to operate effectively, each of these media is to be a free and independent voice acting in the best interest of the university in the pursuit of truth. It is the responsibility and obligation of the university to provide editorial freedom and sufficient financial autonomy for these media to establish and maintain their integrity as media for free inquiry and free expression in the university. It is the responsibility and obligation of these organizations to observe the canons of responsible journalism and broadcasting as they apply. Representatives of the student communications media have the right to review non-privileged information in the academic community; the community has the concomitant responsibility to enlighten and to impart this information so that these students may perform their functions to the fullest.
A University Board of Communications shall establish and publish appropriate procedures:
(1) for the appointment and removal of editors and broadcast managers;
(2) for the promotion of an attitude of mature Christian responsibility among all who contribute to student communications media;
(3) to insure that each of the media recognizes and accepts its obligation to itself, the university and its standards, and the community at large; and
(4) to assure adherence to the policies contained in this section.
The members of the Board of Communications shall be responsible to the president and shall consist of:
(1) Three student members appointed annually by the Student Government Association.
(2) Three faculty members appointed annually by the University Senate.
(3) Three members of the administration appointed annually by the vice president for student affairs and associate provost.
(4) Individuals serving as editors or broadcast managers are ineligible to serve.

Off campus Freedom of Students

Exercise of Rights of Citizenship

Loyola students are both citizens and members of the academic community. As citizens, students should enjoy the same freedom of speech, peaceful assembly, and the right of petition that other citizens enjoy; and, as members of the academic community, they are subject to the obligations which accrue to them by virtue of this membership. The academic community should insure that institutional powers are not employed to inhibit such intellectual and personal development of students exercising their rights of citizenship both on and off campus.

Standards for Disciplinary Matters

Student discipline is regarded as an essential and constructive element of the educational process. The disciplinary program of the university entails two basic functions: a positive, preventive program in which a climate encouraging desirable behavior will be generated, and secondly, a defined remedial program in which the university seeks to re-educate the student or take any other necessary corrective action, ever cognizant of the fact that the individual and the Loyola community as a whole must be afforded protection and justice.
In developing responsible student conduct, disciplinary proceedings play a role secondary to example, counseling, guidance, and admonition. In the exceptional circumstances when the preferred means fail to resolve problems of student conduct, proper procedural safeguards must be observed to protect the student from the unfair imposition of serious penalties. The statement is founded on the premise that the administration of discipline must guarantee fairness to any student accused of wrongdoing. Practices in disciplinary cases may vary in formality with the gravity of the offense and the sanctions which may be applied. The jurisdiction of disciplinary bodies, the disciplinary responsibilities of institutional officials, and the regular disciplinary procedures, including the student’s right to appeal a decision, are to be clearly formulated and promulgated in advance. Minor penalties may be assessed informally under established procedures.
In all situations, justice and equity require that the student be informed of the nature of the charges against him or her, that he or she be given an opportunity to refute them, and that there be provisions for appeal of a decision.

Institutional Authority and Civil Penalties

If a Loyola student is charged with a violation of civil law while off campus or when his or her off-campus behavior constitutes a hazard to the health, safety, or well-being of himself or herself or members of the university community, he or she is subject to possible on-campus disciplinary action. In cases of violation of civil law off campus, the university may provide assistance in the securing of legal counsel.
If the violation of law occurs on campus and is also a violation of a published university standard, the university may institute its own proceedings against the accused student.
Members of the disciplinary and appellate bodies charged with implementing Article VII, Sections C, D, E, F, will be provided with legal counsel by the university whenever their actions under this article result in their appearance in civil or criminal courts.

Standards of Conduct Expected of Students

In addition to those standards enumerated in the civil code, the university recognizes its obligation to publish those standards of behavior which it considers essential to its educational mission and its community life. These general behavioral expectations and the resultant specific regulations should represent a reasonable code of student conduct while on campus or in attendance at off-campus university related functions. In no case will any organizational unit establish ex post facto rules or regulations. The student should be as free as possible from imposed limitations that have no direct relevance to his or her total educational development. These standards of conduct are to be published annually by the office of the vice president for student affairs and associate provost and are to be made readily available to all students at the beginning of each academic year.
It shall be the responsibility of the Student Affairs Policy Advisory Committee (SAPAC) to assure significant participation by all of the constitutive elements of the university community in the formulation of the standards of student conduct. This committee shall advise the vice president for student affairs and associate provost concerning matters relating to student interest, and make recommendations to, and ask for interpretations by the Standing Committee on Student Rights, Freedoms, and Responsibilities concerning matters pertaining to its area of responsibility.
Members of SAPAC shall be responsible to the vice president for student affairs and associate provost and shall consist of equal representation from each constitutive element of the university community:
(1) The student membership appointed annually by the Student Government Association.
(2) The faculty membership appointed annually by the University Senate.
(3)Administrative membership appointed by the vice president for student affairs and associate provost.

Investigation of Student Conduct

In those instances requiring that the university investigate alleged violations of student regulations, safeguards must be followed. Searches of university owned or operated student residence facilities may be conducted by the office of the vice president for student affairs and associate provost. The application for authorization to conduct the search should specify the reasons for the search and the objects or information sought. The resident should be present, if possible, during the search. For premises not controlled by the institution, the ordinary requirements for lawful search are to be followed.
Students detected or arrested in the course of serious violations of institutional regulations should be informed of their rights. No form of harassment will be permitted on the part of the institutional representatives to coerce an admission of guilt or information about other suspected persons from the student involved.

Status of Student Pending Final Action

Pending action on charges or appeals, the status of a student should not be altered, or his or her right to be present on the campus and to attend classes suspended, except for reasons relating to the student’s physical or emotional safety and well-being or for reasons involving a clear and present danger to the academic community, to the university, or to its property.

Disciplinary Hearing Procedures

When the misconduct or alleged misconduct may result in a serious penalty, the student has the right either to have his or her case heard by a duly constituted university disciplinary committee, or by a student affairs officer, whichever he or she may choose. The membership, jurisdiction, and authority of such disciplinary bodies should be stated in sufficient detail in the Student Handbook or other readily available university documents. It shall be the responsibility of SAPAC to assure that there be a significant participation by all of the constitutive elements of the university community in the decision-making process of such disciplinary bodies.
In all disciplinary hearings, procedural due process, as defined by the university, requires that the following measures be taken to ensure that there is procedural fairness afforded to the student.
(1) The fault for which a student is subject to punishment is a violation of a regulation clearly promulgated. It is evident that the university is not obligated to promulgate the civil law or the Ten Commandments.
(2)The student is informed of his or her right to have the alleged violation of university policy adjudicated before an appropriate disciplinary body, or at the student’s option, he or she may appear before a student affairs officer, if the student affairs officer agrees to hear the case.
(3) The student must be informed in writing of the reasons for the disciplinary action in sufficient detail and in ample time that he or she may have an opportunity to prepare a defense for the disciplinary hearing.
(4)The student has the right to be assumed innocent until proven culpable. The burden of proof must rest upon the member of the academic community bringing the charge. In order to sustain the burden of proof, enough information must be presented such as a reasonable mind might accept as adequate to support a conclusion.
(5) The student must be given an opportunity to testify and to present evidence and witnesses. The student shall have the right to question any witness offering information and will be given a copy of any written statement presented by witnesses who have been granted anonymity.
(6)All matters upon which a decision might be based must be introduced into evidence during the proceedings. The decision should be based solely upon such evidence.
(7)In the absence of a transcript, there should be a digest or a verbatim record, such as a tape recording of the hearing. This record is to be preserved by the vice president for student affairs and associate provost until final disposition of the case.
(8) The principals in a hearing may have to present an adviser as outlined in Chapter 10.
(9) The student who is found culpable of the allegations either through his or her own admission or by a decision of the disciplinary or appellate body has the right to establish the existence of mitigating circumstances through his or her own testimony and that of witnesses the student produces who are competent to testify to and have personal knowledge of the circumstances.
(10)The student is informed of his or her right to appeal the decision of any disciplinary body or a student affairs officer. An appeal will be submitted to the vice president for student affairs and associate provost, who will forward it to the University Board of Appeals or other appropriate appellate body.

Appellate Procedures

It is the intent of this document to guarantee certain basic rights in all appellate hearings, by the creation of the University Board of Appeals. It shall be the function of SAPAC to advise the vice president for student affairs and associate provost as to the establishment and creation of other lower appellate levels, if necessary. All that this document does is to guarantee absolutely the right of appeal and to designate the highest body that has the jurisdiction to adjudicate this appeal.
An appellate hearing will be granted when at least a majority of the entire membership of the body decides that there is a sufficient likelihood that one of the following can be proven:
(1) Bias.
(2) New evidence.
(3) Disregard for rights defined in the Statement of Student Rights and Freedoms.
(4) Inappropriateness of the sanction(s).
The University Board of Appeals shall be composed of equal representation from each constitutive element of the university community (students, faculty, and administrators).
(1) The student members are to be appointed annually by the Student Government Association.
(2) The faculty members are to be appointed annually by the University Senate.
(3) The members of the administration are to be appointed annually by the vice president for student affairs and associate provost.
The board shall meet at the beginning of the year to organize itself and to receive an appropriate orientation of duties and responsibilities.
Just as in the initial disciplinary hearing, the appellate hearing before the University Board of Appeals should guarantee procedural fairness to an accused student.

Amendments

This statement of policy may be amended to provide for proper interpretation, to alter the original intent, or to make additions. The proposed amendment, submitted by members of the academic community, shall be considered only after a public hearing on the amendment, announced at least one week in advance. The amendment must receive a two-thirds vote of the Committee on Student Rights, Freedoms, and Responsibilities to warrant a recommendation to the president. The president, if he approves, will notify the committee to include the amendment in the policy statement in future editions.