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Policy 1437 – Power-Based Violence/Title IX Transcript Withholding, Notation & Communication

Effective Date: 10/7/2021
Last Review: 10/7/2021
Responsible Office: Office of the President
References: Board of Regents Uniform Policy on Power-Based Violence/Sexual Misconduct; Act 472 of the 2021 Regular Session of the Louisiana Legislature

Policy:

In accordance with state law, the University has implemented a transcript notation and communication policy to effectuate communication regarding the transfer of a student who is the subject of a power-based violence Formal Complaint or who has been found responsible for an incident of power-based violence pursuant to an Institution’s investigative and adjudication process. The following Section(s), which include procedures relative to the withholding or notation of transcripts during the investigative and adjudication processes, were developed by BOR in consultation with the System Management Boards.

Definitions:

None

Procedures:

Withholding student transcripts

Upon the filing of a Formal Complaint, the University shall place an administrative hold on the transcript of a student who is the subject of the Formal Complaint. For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the Institution should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.

When a student transcript is withheld, the institution to which the student seeks to transfer (“Receiving Institution”) must make a timely inquiry directed to the Institution from which the student seeks to transfer (“Sending Institution”) regarding the purpose of the transcript hold. Upon such an inquiry, the Sending Institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

The transcript hold shall be released upon the determination that the student is not responsible for power-based violence, or the transferring student prevails in a request to appeal the withholding of a transcript or notation pursuant to Part C of this policy, whichever occurs first. 

Notation

For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the Sending Institution should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.  The notation on the transcript shall read: “ADMINISTRATIVE MATTER PENDING” or other notation sufficient to place the Receiving Institution on notice and trigger an inquiry regarding the notation directed to the Sending Institution.

For a transferring student for whom a final decision has been rendered, and the student has been found to be responsible for power-based violence, the notation on the transcript shall read: “STUDENT FOUND RESPONSIBLE IN VIOLATION OF CODE OF CONDUCT” or other notation sufficient to place the Receiving Institution on notice and trigger an inquiry regarding the notation directed to the Sending Institution.

When a student transcript is notated as described above, the Receiving Institution must make a timely inquiry directed to the Sending Institution regarding the purpose of the transcript notation. Upon such an inquiry, the Sending Institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

When deciding whether or not to admit a student with a notation regarding a sexual misconduct or power-based violence incident, the Receiving UL System member institution should collaborate with the Title IX Office and Student Conduct Office. Furthermore, the Receiving Institution should honor the disposition of host institution.

For a transferring student found to be responsible for power-based violence, the Sending Institution will determine how long the notation will remain on the student’s transcript.

If a student is not found responsible, the Sending Institution must remove the notation and must send an updated version of the student’s transcript to the Receiving Institution (if known).

Transcript withholding and notation appeals

A student whose transcript has been withheld or notated as described above may request a release of the hold or an expungement of the notation for good cause shown. Cause may include, but is not limited to, when (1) a student who transferred while under investigation was found not responsible; (2) a student was initially found responsible and later evidence showed that the student was in fact not responsible; or (3) the student has graduated. In the second instance, an Institution must send an updated version of the student’s transcript.

Such request shall be submitted in writing to the Vice President for Student Advancement, who is the Administrative Review Board’s chairperson. The Administrative Review Board shall review the written appeal request and shall notify the requesting student of its decision no later than seven (7) business days from the date that the appeal request is made.

The Administrative Review Board consists of the following members:

  1. The Vice President for Student Advancement or their designee as chairperson;
  2. The University Provost or their designee; and
  3. The Dean of the College in which the student is registered or their designee.

 

Policy 1437 – Power-Based Violence/Title IX Transcript Withholding, Notation & Communication

Effective Date: 10/7/2021
Last Review: 10/7/2021
Responsible Office: Office of the President
References: Board of Regents Uniform Policy on Power-Based Violence/Sexual Misconduct; Act 472 of the 2021 Regular Session of the Louisiana Legislature

Policy:

In accordance with state law, the University has implemented a transcript notation and communication policy to effectuate communication regarding the transfer of a student who is the subject of a power-based violence Formal Complaint or who has been found responsible for an incident of power-based violence pursuant to an Institution’s investigative and adjudication process. The following Section(s), which include procedures relative to the withholding or notation of transcripts during the investigative and adjudication processes, were developed by BOR in consultation with the System Management Boards.

Definitions:

None

Procedures:

Withholding student transcripts

Upon the filing of a Formal Complaint, the University shall place an administrative hold on the transcript of a student who is the subject of the Formal Complaint. For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the Institution should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.

When a student transcript is withheld, the institution to which the student seeks to transfer (“Receiving Institution”) must make a timely inquiry directed to the Institution from which the student seeks to transfer (“Sending Institution”) regarding the purpose of the transcript hold. Upon such an inquiry, the Sending Institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

The transcript hold shall be released upon the determination that the student is not responsible for power-based violence, or the transferring student prevails in a request to appeal the withholding of a transcript or notation pursuant to Part C of this policy, whichever occurs first. 

Notation

For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the Sending Institution should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.  The notation on the transcript shall read: “ADMINISTRATIVE MATTER PENDING” or other notation sufficient to place the Receiving Institution on notice and trigger an inquiry regarding the notation directed to the Sending Institution.

For a transferring student for whom a final decision has been rendered, and the student has been found to be responsible for power-based violence, the notation on the transcript shall read: “STUDENT FOUND RESPONSIBLE IN VIOLATION OF CODE OF CONDUCT” or other notation sufficient to place the Receiving Institution on notice and trigger an inquiry regarding the notation directed to the Sending Institution.

When a student transcript is notated as described above, the Receiving Institution must make a timely inquiry directed to the Sending Institution regarding the purpose of the transcript notation. Upon such an inquiry, the Sending Institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

When deciding whether or not to admit a student with a notation regarding a sexual misconduct or power-based violence incident, the Receiving UL System member institution should collaborate with the Title IX Office and Student Conduct Office. Furthermore, the Receiving Institution should honor the disposition of host institution.

For a transferring student found to be responsible for power-based violence, the Sending Institution will determine how long the notation will remain on the student’s transcript.

If a student is not found responsible, the Sending Institution must remove the notation and must send an updated version of the student’s transcript to the Receiving Institution (if known).

Transcript withholding and notation appeals

A student whose transcript has been withheld or notated as described above may request a release of the hold or an expungement of the notation for good cause shown. Cause may include, but is not limited to, when (1) a student who transferred while under investigation was found not responsible; (2) a student was initially found responsible and later evidence showed that the student was in fact not responsible; or (3) the student has graduated. In the second instance, an Institution must send an updated version of the student’s transcript.

Such request shall be submitted in writing to the Vice President for Student Advancement, who is the Administrative Review Board’s chairperson. The Administrative Review Board shall review the written appeal request and shall notify the requesting student of its decision no later than seven (7) business days from the date that the appeal request is made.

The Administrative Review Board consists of the following members:

  1. The Vice President for Student Advancement or their designee as chairperson;
  2. The University Provost or their designee; and
  3. The Dean of the College in which the student is registered or their designee.