Rights and responsibilities (draft)

_middle/rights-and-responsibilities.md

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+---
+layout: post
+title: "Rights and Responsibilities"
+category: middle
+order: 0
+---
+
+As a PhD student, you have **rights** when it comes to your relationship with your advisor(s), labmates, and more generally colleagues.
+You also have some **responsibilities**.
+This page provides a non-exhaustive list of these, as well as some advice for what to do if your rights are violated.
+
+
+## Rights
+
+- You cannot be discriminated against due to factors such as your gender, familial, or disability status ([OPers-EPF](https://www.fedlex.admin.ch/eli/cc/2001/279/fr) art. 9, 10, 11)
+  - This includes both the systemic level such as discriminating for promotions, and the interpersonal level such as bullying by colleagues
+- You have the right to a respectful climate at work ([OPers-EPF](https://www.fedlex.admin.ch/eli/cc/2001/279/fr) art. 9)
+  - It is never acceptable for your advisor, colleagues, or anyone else to shout at you, insult you, sexually harass you, make demeaning remarks based on factors such as your sexuality, gender, or ethnicity, or otherwise disrespect you
+- You cannot be fired without cause, or for reasons that do not relate to work such as your gender or ethnicity ([CO art. 336](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/en#art_336), see the [Lausanne commentary](https://www.lausanne.ch/vie-pratique/travail/protection-des-travailleurs/travailleur/contrat-de-travail-regles/resiliation-immediate-du-contrat-de-travail.html) in French)
+- You can and _must_ take paid vacation time off, including at least 2 consecutive weeks, scheduled in agreement with your advisor ([EPFL lex 4.4.1](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/4.4.1_dir_rapports_travail_assistants_an.pdf) art. 5)
+- You can take paid non-vacation time off for taking care of a sick family member, your wedding, a family member's wedding, moving, grieving a family member's death, and a few other reasons ([OPers-EPF](https://www.fedlex.admin.ch/eli/cc/2001/279/fr) art. 37, 37a, 37b, 52)
+- You cannot be forced to work at night aside from absolute emergencies ([EPFL lex 4.1.4](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/4.1.4_r_gestion_temps_travail_an.pdf) art. 10)
+- You can expect your advisor and other coauthors to follow good scientific practice ([EPFL lex 3.3.2](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/3.3.2_principe_integrite_recherche_an.pdf))
+  - You are entitled to primary authorship if you contributed the most
+  - You cannot be forced to add someone as an author if they haven't made essential contributions, which cannot be purely financial
+- You can expect your advisor to mentor you, help you with general research issues, fill out forms in reasonable time, and so forth
+- If traveling for work, you can request an advance payment for expenses you will make yourself such as dinners if the sum is large ([EPFL lex 5.6.1](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/5.6.1_dir_voyage_professionnel_remboursement_frais_en.pdf) art. 7)
+- If traveling for work, you can be reimbursed for necessary expenses such as visas or vaccinations ([EPFL lex 5.6.1](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/5.6.1_dir_voyage_professionnel_remboursement_frais_en.pdf) art. 13)
+- If you are formally accused of misconduct, you have the right to be heard ([EPFL ordinance 2.4.0.2](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/2.4.0.2Disciplinary_Rules_Regulations_ang.pdf) art. 13)
+- If you are sued, or have to reasonably sue someone, as part of your work, you have the right to EPFL paying for your legal costs under some conditions ([EPFL lex 4.1.7](https://www.epfl.ch/about/overview/wp-content/uploads/2020/02/LEX-4.1.7_EN.pdf) art. 2)
+
+
+## Responsibilities
+
+- Follow lab policy when EPFL regulations delegate setting such policy to advisors, such as using a private computer for work ([EPFL lex 6.1.3](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/6.1.3_d_ordinateur_prive_an.pdf)), remote working ([EPFL lex 4.1.8](https://www.epfl.ch/about/overview/wp-content/uploads/2022/02/LEX-4.1.8_EN.pdf)), and others.
+- Conduct research with integrity and following good scientific practice ([EPFL lex 3.3.2](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/3.3.2_principe_integrite_recherche_an.pdf)), including relevant directives such as the one on [human blood sampling](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/1.5.10_dir_prise_de_sang_en.pdf)
+- Maintain professional secrecy regarding private information you learn as part of your job ([LPers](https://www.fedlex.admin.ch/eli/cc/2001/123/fr) art. 22)
+- Report some kinds of crimes as a mandatory reporter, see below
+
+
+## Mandatory reporting
+
+All federal employees, including PhD students, are mandatory reporters for some forms of crimes. ([LPers](https://www.fedlex.admin.ch/eli/cc/2001/123/fr) art. 22a)
+
+These are the crimes that the state prosecutes "ex officio", i.e., upon learning of them even without a formal complaint.
+They include domestic violence regardless of marital status and sexuality, attack with a weapon, negligence resulting in grave injuries, child abuse, and destroying property as part of a public gathering or in large amounts.
+
+There are narrow exceptions when the offender is a family member or when reporting would be dangerous to the reporter or a family member. ([CPP](https://www.fedlex.admin.ch/eli/cc/2010/267/fr#art_168) art. 168, 169)
+
+
+## Taking action
+
+If your rights or those of someone you know are violated, speak up as soon as possible!
+
+While you can get support for yourself regardless of when the infraction happened, the statute of limitations is typically a few years. ([EPFL ordinance 2.4.0.2](https://www.epfl.ch/about/overview/wp-content/uploads/2019/09/2.4.0.2Disciplinary_Rules_Regulations_ang.pdf) art. 6)
+
+You can contact:
+- Your PhD representatives, for any issues: <https://www.epfl.ch/education/phd/programs/edoc-student-representatives/>
+- The EPFL "person of trust", an independent external mediator mandated by EPFL, for interpersonal issues such as mobbing and harassment: <https://www.epfl.ch/about/respect/trust-and-support-network/person-of-trust-and-mediation-service/>
+- The EPFL "administrative ombudsperson", or as a second resort the ETH Board ones, for interpersonal issues: <https://www.epfl.ch/about/respect/the-respect-compliance-office/ombudsperson/>
+- The EPFL "scientific ombudsperson" for cases of scientific misconduct: <https://www.epfl.ch/research/ethic-statement/research-misconduct/>
+- Other EPFL people such as your thesis director, program director, and Respect Compliance Officer, see article 5 of [EPFL lex 1.8.3](https://www.epfl.ch/about/overview/wp-content/uploads/2023/06/LEX-1.8.3_EN.pdf)