Code of Student Conduct
Academic Misconduct
Academic Dishonesty: Cheating and Plagiarism. A student who cheats or plagiarizes
commits an offense against the entire University community. Cheating is defined as an act
or attempted act of giving or obtaining aid and/or information by illicit means in meeting
any academic requirements, including examinations. Plagiarism is defined as
misrepresenting other’s ideas, phrases or discourse as one’s own.
Each college and school has guidelines that define academic integrity violations, provide
information about penalties, and provide procedures by which a student may appeal
penalties that have been imposed.
Appeals: Appeals of penalties imposed by faculty for academic integrity violations are to
be filed in the faculty member’s school or college. The policies and procedures for each
unit are available on the following web pages:
College of Arts and Sciences and Fine Arts
College of Business and Public Administration
School of Education
School of Journalism
Law School
College of Pharmacy and Health Sciences
Non-Academic Misconduct.
I.
Introduction to the Code.
A.
Goals and Purposes.
1.
The Code of Student Conduct is intended to assist Drake University in
fulfilling its purpose as an academic institution dedicated to the transmission of
knowledge, the pursuit of truth, the intellectual and moral development of students and the
well-being of society. All members of the academic community share in the responsibility
to establish and maintain the general conditions conducive to the fundamental academic
freedoms to teach and to learn and the correlative freedoms of inquiry and expression.
These conditions include civility in all conduct, respect for all persons and integrity in
every endeavor. The Code of Student Conduct shall be construed and enforced to secure
these freedoms.
2.
Non-academic misconduct by students or student organizations constitutes a
violation of this Code. The University’s disciplinary jurisdiction extends to conduct on
and off campus that qualifies as non-academic misconduct.
1
3.
In accordance with Title IX the University has adopted special Code of
Student Conduct provisions with respect to complaints of Sexual Misconduct. These
special provisions are located at Section VII herein.
4.
Through voluntary entrance into Drake University, the student indicates a
willingness to accept University rules, regulations and policies and acknowledges the right
of the University to initiate disciplinary procedures when an allegation or a complaint of
non-academic misconduct is made and to impose disciplinary sanctions when it has been
determined that non-academic misconduct has occurred
B.
Inherent Authority of University.
The standards and procedures set forth in this document are those the University
normally follows in disciplinary matters. The University reserves the right to take
whatever disciplinary action is appropriate (up to and including expulsion from the
University) to protect the safety and well-being of students, faculty, staff and University
property.
C.
Authority of University Departments, Living Units, Dining Services and
Student Organizations.
The Code of Student Conduct does not limit the authority and discretion vested in
the various University departments, colleges and schools including the Department of
Intercollegiate Athletics, residence hall and dining hall staff, Greek student leaders and
staff and student organization leaders and staff to investigate and sanction students and
student organizations within their jurisdictions in accordance with their rules, regulations
and policies.
D.
Relationship of Code of Student Conduct to Law School Code of
Conduct and Pharmacy Honor Code.
This Code of Student Conduct and the Law School Code of Conduct/ Pharmacy
Honor Code (“Professional School Honor Codes”) apply to law students/pharmacy
students and their student organizations. If a complaint alleges action(s) that would
constitute a violation of both this Code and a Professional School Honor Code, the
complaint may be processed under the procedures set forth in this Code, the Professional
School Honor Code, or both. If a complaint alleges action(s) that are covered by this
Code, but that are not covered by the Professional School’s Honor Code, then the
complaint will be processed under procedures set forth in this Code of Student Conduct.
E.
Interpretation of Rules, Regulations and Policies.
Disciplinary rules, regulations and policies at the University are set forth in writing
to give students general notice of prohibited conduct. The rules, regulations and policies
2
should be read broadly and are not designed to define non-academic misconduct in
exhaustive terms.
F.
Parental Notification.
In the discretion of the Dean of Students, the student’s parent(s) or guardian(s) may
be notified of disciplinary proceedings.
G.
University Disciplinary Proceedings and Associated Civil/Criminal
Proceedings.
University disciplinary proceedings may commence whether or not the accused is
involved in proceedings before a civil or criminal court. If an accused is convicted or
receives a deferred judgment in an associated criminal proceeding for a crime that
constitutes a violation hereunder, and if that conviction or deferred judgment occurs
before a final decision is rendered under this Code, the Dean of Students may impose
sanctions up to and including expulsion from the University without further proceedings
under this Code of Student Conduct.
H.
Withdrawal of Student.
If a student withdraws from the University, the withdrawal does not affect the
ability of the University to initiate or continue disciplinary proceedings against the student
for actions or events which occurred prior to the withdrawal. Credits earned and programs
completed prior to withdrawal will be reflected on the student’s transcript.
I.
Definitions.
When used in this Code:
1.
The term “accused” means a student or student organization charged
with non-academic misconduct.
2.
The term “accused student” means a person enrolled at or taking at
least one course or workshop at the University at the time the alleged
non-academic misconduct occurs or at the time it is under review.
3.
The term “aggravated misdemeanor or felony” refers to public
offenses that may result in a criminal conviction under state or federal
law. The penalties for a felony conviction may include imprisonment
ranging from five years to life and significant fines. Misdemeanors
are considered less serious public offenses than felonies. Aggravated
misdemeanors, however, are the most serious form of misdemeanor.
Under Iowa law, the penalty for an aggravated misdemeanor
3
conviction may include imprisonment for two years or up to one year
in jail as well as substantial fines.
4.
The term “appeals panel” means an impartial three member group
selected by the Chair of the Judicial Commission to hear and decide
appeals of hearing officer decisions. The appeals panel shall be
selected from student and faculty members of the Judicial
Commission, and, where circumstances warrant, members of the
public, with no more than one student and/or two faculty members
serving on any given appeals panel. In the event no member of the
Judicial Commission is able to serve impartially on a hearing panel,
the hearing panel may be comprised of three members of the public.
5.
The terms “Code of Student Conduct” or “Code” refer to this
document containing the rules, regulations and policies that govern
student discipline.
6.
The term “complainant” means a student, student organization,
faculty member or staff member who claims to have been affected by
the student’s conduct and who initiates a complaint against the
accused student or student organization with the Dean of Students
office (or the Title IX Coordinator in cases of alleged sexual
misconduct).
7.
The term “expulsion” means a person’s status as a student at Drake
University is terminated permanently with no right of readmission.
8.
The term “hearing officer” means an impartial faculty member,
administrator or, where circumstances warrant, member of the public
who has not had prior involvement in the case or the circumstances
giving rise thereto and whom the Dean of Students designates to
preside at a disciplinary hearing where the University is seeking
suspension or expulsion.
9.
The term “Dean” means the Dean of Students.
10.
The term “Dean/designee” means the Dean of Students or the Dean
of Student’s designee.
11.
The term “interim administrative leave” means an accused student is
placed on inactive status pending, at the University’s discretion: (1)
the completion of the disciplinary proceedings provided for under this
Code of Student Conduct, (2) a conviction or deferred judgment in
associated criminal proceedings, after which the Dean of Students
4
may impose sanctions up to and including expulsion from the
University without further proceedings under this Code of Student
Conduct, or (3) the University's decision to return the student to
active status.
12.
The term “non-academic misconduct” is defined as a student
violation of University non-academic rules, regulations or policies,
violation of any governmental law, regulation, or ordinance and any
conduct that adversely affects or threatens to adversely affect the
safety of students, faculty, staff members or University property.
Non-academic misconduct also includes behavior that is disruptive or
substantially impedes the lawful activities of other students, faculty
or staff members.
13.
The term “non-academic probation” means that a person is allowed to
continue study at the University under certain conditions, violation of
which could result in further disciplinary action, including expulsion.
14.
The term “preponderance of the evidence” refers to the standard of
proof by which it will be decided if a student has engaged in nonacademic misconduct under this Code. A preponderance of the
evidence exists when it is more likely than not, or the greater weight
of the evidence suggests, a violation occurred. (This is to be
distinguished from the higher standard that is applicable in criminal
proceedings which requires “proof beyond a reasonable doubt”.)
15.
The term “provide” when used in conjunction with giving notice or
delivering exhibits, demonstrative aids, or documents means to
deliver to the recipient by hand, via email or other reliable means.
Such notice, exhibits, demonstrative aids and documentation will be
deemed to be provided on the date they are sent or hand delivered.
16.
The term “student” means a person enrolled at or taking at least one
course or workshop at the University.
17.
The term “student organization” means a group with one or more
students, recognized by the University.
18.
The term “suspension” means a person’s status at the University is
terminated for a specified period of time, with the option to apply for
readmission after that time. If no period of time is specified, the
length of the suspension is deemed one academic year. If the student
begins but does not complete a semester prior to the imposition of the
5
suspension that entire semester shall be counted toward the length of
the suspension.
19.
II.
The term “University Judicial Commission” means the twenty-one
(21) member group (eleven (11) faculty and ten (10) students) from
which appeals panels are chosen.
Non-Academic Misconduct Subject to Sanction.
A.
The following conduct, although not an exhaustive list, is subject to sanction
as non-academic misconduct.
1.
Violation of the University’s Acceptable Computer Use Policy: See
Appendix C.
2.
Violation of the University’s Policies Regarding Alcohol and
Controlled Substance Use: See Appendix A.
3.
Arson: Causing a fire or explosion, or placing any burning or
combustible material, or any incendiary or explosive device or
material, in or near any property, with the intent to damage or destroy
property or with the knowledge that property will probably be
destroyed; or causing a fire or explosion that damages or destroys
property while manufacturing or attempting to manufacture a
controlled substance.
4.
Assault:
5.
a.
Any intentional and unauthorized act that is intended to cause
pain or injury to another, or that is intended to result in
physical contact that is insulting or offensive, coupled with the
apparent ability to do the act;
b.
Any intentional and unauthorized act that is intended to place
the victim in fear of immediate physical contact that would
have been painful, injurious, insulting, or offensive, coupled
with the apparent ability to do the act; or
c.
Any intentional and unauthorized pointing of a firearm or
display of a dangerous weapon in a threatening manner.
Administering Harmful Substances: Administering to another or
causing another to take, without the other person's consent or by
threat or deception, and for other than medicinal purposes, any
6
poisonous, stupefying, stimulating, depressing, tranquilizing,
narcotic, hypnotic, hallucinating, or anesthetic substance in sufficient
quantity to have such effect.
6.
Harassment: Doing any of the following acts with intent to
intimidate, annoy, or alarm another person:
a.
Communicating with another in person, or by telephone,
telegraph, writing, or via electronic communication without
legitimate purpose and in a manner likely to cause the other
person annoyance or harm;
b.
Cyber bullying—Using social networking or other internet
sites for the purpose of exhibiting, distributing, posting, or
communicating matter in any form (text, image, audio, or
video) that defames, intimidates, harasses, or is otherwise
intended to harm, insult, or humiliate another, or that disrupts
or prevents a safe and positive educational or working
environment.
c.
Purposefully and without legitimate purpose, putting oneself
in proximity to another person, with the intent to threaten,
intimidate, or alarm that other person. See also Appendix B.
7.
Hazing: intentionally or recklessly engaging in any act involving
forced activity that endangers the physical health or safety of a
student for the purpose of initiation or admission into, or affiliation
with, any organization operating in connection with a the
University. See Appendix F.
8.
Stalking: Purposefully engaging in a course of conduct directed at a
specific person that reasonably causes the victim to fear bodily injury
or the death of the victim or a member of the victim’s immediate
family. See Appendix K.
9.
Bias-motivated Incidents: See Appendix M.
10.
Contempt: Failure to comply with directions, orders, or commands
of any University judicial authority made in the course of exercising
that judicial authority. Failure to comply with all the terms of an
agreed resolution of a disciplinary matter, whether or not that
resolution occurs after a formal charge, after a formal hearing, or is
included in a judicial order, also constitutes contempt. Willful refusal
to cooperate in the investigation of a disciplinary matter without good
7
legal cause (such as the potential for self-incrimination in an actual or
potential criminal case) which refusal substantially impedes the
investigation.
11.
Causing Damage or Destruction to Drake Property by Use of Fire or
Explosives: See Appendix G.
12.
Disorderly Conduct and Distribution of Literature: Any action,
committed without justification or excuse, that unreasonably disrupts
or obstructs the normal use of University property or that disrupts
University-sponsored activities. Disorderly conduct also includes
actions that unreasonably disrupt classes or other instruction, such as
failure to comply with an instructor’s legitimate directions, loud noise
or disruptive actions, or other behavior that impairs the learning
experience of other students or interferes with the efforts of the
instructor. Failure to comply with the reasonable directions of any
University official or employee, acting within the proper scope of his
or her non-academic authority to issue such directions to a student,
also constitutes disorderly conduct. See Appendix D.
13.
Misuse of Fire Alarms and Equipment: Pulling fire alarms falsely or
tampering with firefighting equipment (e.g., fire alarms,
extinguishers, exit signs, fire hoses, smoke detectors, emergency
lights) is prohibited.
14.
Gambling: Gambling is prohibited and constitutes a violation of
University policy. See Appendix E.
15.
Keys Violations: Unauthorized possession of University keys and/or
reproduction of University keys by anyone other than authorized
University personnel is not allowed.
16.
Perjury: Knowingly making one or more false statements in
connection with a disciplinary proceeding.
17.
Property Damage: Any intentional or reckless damage to real or
personal property of another, including property of the University.
18.
Roofs, Unauthorized Access: No one is allowed on the roof of any
University building.
19.
Sexual Assault: Sexual assault is an extreme form of sexual
misconduct ranging from forcible rape to nonphysical forms of
pressure that compel individuals to engage in sexual activity against
8
their will. In Iowa, the terms "rape" and "sexual assault" fall under
the legal definition of "sexual abuse," which includes any sex act
done by force or against the will of another. Examples of sexual
assault under this policy include, but are not limited to the following
behaviors when consent is not present:
20.

Sexual intercourse (vaginal, anal, oral)

Oral sex

Rape or attempted rape

Penetration of an orifice (anal, vaginal, oral) with the penis,
finger, or other object

Unwanted touching of the genitals, buttocks, breast, or other
body part

Coercion or force to make someone else touch one's genitals,
buttocks, breast, or other body part

Engaging in sexual activity with a person who is unable to
provide consent due to the influence of drugs, alcohol, or other
condition

Inducing consent through drugs or alcohol
Sexual Exploitation: Sexual exploitation involves taking nonconsensual sexual advantage of another person, even though the
behavior might not constitute one of the other sexual misconduct
offenses. Examples can include, but are not limited to the following
behaviors:

Distribution or publication of sexual or intimate information
about another person without consent

Electronic recording, photographing, or transmitting sexual or
intimate utterances, sounds, or images without knowledge and
consent of all parties

Engaging in indecent exposure

Sexual intimidation - Sexual intimidation is an implied or
actual threat to commit a sex act against another person, or
behavior used to coerce participation in a sex act
9
21.

Stalking - Stalking may take many forms including persistent
calling, texting, or Internet posting, as well as physical
stalking, when the context of the communication or the nature
of the stalking is of a sexual or intimate nature

Voyeurism - Voyeurism involves either secretive observation
of another's sexual activity or secretive observation of another
for personal sexual pleasure
Sexual Harassment: Sexual harassment is defined as unwelcome
advances, requests for sexual favors, or other unwelcome verbal or
physical conduct aimed at another because of sex when:

Submission to such conduct is made explicitly or implicitly a
term or condition of an individual’s employment or status in a
course, program or activity;

Submission to or rejection of such conduct is used as a basis
for an employment or educational decision affecting an
individual, or

Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work or educational
performance or of creating an intimidating, hostile, or
offensive environment for work or learning.
Examples of Sexual Harassment
Sexual harassment occurs in a variety of circumstances. Often,
sexual harassment involves relationships of unequal power,
and contains elements of coercion as when compliance with
requests for sexual favors becomes a condition of
employment, work, education, study or benefits. Sexual
harassment may also involve unwelcome relationships among
equals, as when repeated sexual advances or demeaning verbal
or physical behavior have a harmful effect on a person’s
ability to study or work at the University.
Examples of sexual harassment include, but are not limited to, the
following unwelcome behaviors:

physical assault, indecent exposure, physical contact of a
sexual nature;
10
22.

direct or implied threats that submission to sexual advances
will be a condition of employment, work status, promotion,
grades or letters of recommendation etc.;

direct propositions of a sexual nature;

a subtle pressure for sexual activity or a pattern of conduct
(not legitimately related to the subject matter of a course, if a
course is involved) intended to denigrate, distress or humiliate
through sexual comments or sexually explicit statements,
questions, jokes or anecdotes. This pattern of conduct may
include unnecessary touching, unwanted staring, patting,
hugging or brushing against a person’s body; remarks of a
sexual nature about a person’s clothing or body; or remarks
about sexual activity or speculations about previous sexual
experience;

a pattern of conduct that would denigrate, distress, or
humiliate a reasonable person of the same sex as the person at
whom the conduct was directed. The pattern of conduct may,
but need not, be of sexual nature so long as it is directed at
another because of sex. Examples include but are not limited
to:
o
name-calling, jokes or negative comments about the
person’s sex/gender
o
physical intimidation, vandalism or pranks
o
displays of reading materials or pictures containing
negative material about a particular sex, including
electronic materials.
Other Discriminatory Harassment: Other Discriminatory Harassment
is harassment based on any other characteristics set forth in Drake
University’s nondiscrimination statement, as follows: race, color,
national origin, creed, religion, age, disability, sex, gender identity or
sexual orientation. Like sexual harassment, harassment based on one
of these protected characteristics undermines the mission of the
University through its insidious and detrimental impact on individual
students, faculty, staff, and on the University community as a whole.
11
Other Discriminatory harassment is conduct based on one of these
characteristics when such conduct has the purpose or effect of
unreasonably interfering with an individual’s work or educational
performance or of creating an intimidating, hostile, or offensive
environment for work or learning.
Examples of Other Discriminatory Harassment
Examples of the types of behavior that could be considered
harassment based on these characteristics include any patterns of
conduct aimed at another because of a protected characteristic that
would denigrate, distress or humiliate a reasonable person, such as:

name-calling, jokes or negative comments about the protected
characteristics;

physical intimidation, vandalism or pranks

displays of reading materials or pictures containing negative
material about these characteristics, including electronic
materials
23.
Sexual Misconduct: Conduct constituting Sexual Assault, Sexual
Exploitation and/or Sexual Harassment.
24.
Retaliation: Retaliation is an action taken against another because
they have sought guidance, filed a complaint or participated in an
investigation under this Code. Examples of retaliation include, but
are not limited to, any action that has an adverse impact on the
complainant’s grades, class selection or any other matter pertaining to
student status.
25.
Smoking on Campus: Iowa Law prohibits smoking anywhere on the
Drake University campus, including in University-owned or leased
vehicles and any vehicles parked in University parking lots. See
Appendix J.
26.
Misuse of an Identification Card (student ID, Driver’s License, State
ID, etc.) or Other University Documents: See Appendix L.
27.
Theft: The wrongful taking of the property of another, or wrongfully
refusing to return the property of another when requested to do so.
12
III.
28.
Trespass: Entry onto property in the control of another—including
the University—without the other’s permission, or refusal to leave
the property of another when requested to do so.
29.
Weapons and Dangerous Substances: Use or possession of firearms,
ammunition, explosives, incendiary devices, bb guns, imitation guns
that look like real guns or any dangerous weapon, substance, or
material on campus is prohibited except as expressly authorized by
the University.
30.
Attempt to Commit Non-Academic Misconduct: An attempt to
commit a prohibited or unlawful act is non-academic misconduct,
even if unsuccessful.
31.
Accessory to Commission of Non-Academic Misconduct: A student
shall not aid or abet or otherwise act as an accomplice to the
commission of non-academic misconduct.
32.
Other acts in violation of local ordinances, state or federal law.
Procedures for Initiating a Complaint, Investigation and Enforcement.
A.
Initiating a Complaint or Investigation.
Any student, student organization, faculty member or staff member may initiate a
complaint against a student or student organization suspected of non-academic misconduct
by contacting the Dean of Students office (or the Director of Human Resources-Title IX
Coordinator in the case of alleged sexual misconduct). Alternatively, the Dean of
Students office may initiate a complaint on his or her own initiative, in which case the
Dean/designee will be considered the complainant. In any case, the Dean of Students will
conduct an investigation into the complaint. The investigation will typically be completed
within approximately sixty (60) days following receipt of the complaint. Factors that
could impair the timing of the investigation may include the complexity and severity of
the conduct, the number and availability of witnesses, or the need to identify and acquire
physical or other evidence.
B.
Interim Administrative Leave.
After conducting a preliminary investigation, the Dean may consider whether an
interim administrative leave should be imposed. When the Dean reasonably believes the
circumstances may warrant an interim administrative leave, the Dean will explain the
nature of the allegations to the accused and provide the accused with an opportunity to
respond to the allegations. After affording the accused an opportunity to respond, an
13
interim administrative leave may be imposed when, based on all the available information,
the Dean determines such leave is appropriate in order to protect the safety or well-being
of one or more students, staff, faculty, or University property or the accused’s presence
pending completion of the disciplinary process will be disruptive to the academic
atmosphere of the University. An interim administrative leave will be considered to be
appropriate when an accused is charged in a criminal proceeding with an aggravated
misdemeanor or felony. The interim administrative leave will remain in place, at the
University’s discretion, until: (1) the conclusion of disciplinary proceedings provided for
hereunder or (2) the accused student is convicted or receives a deferred judgment in the
associated criminal proceedings, after which the University through the Dean may impose
sanctions up to and including expulsion from the University without further proceedings
under this Student Code of Conduct, or (3) the University decides to return the student to
active status.
C.
Criminal Convictions.
A conviction or deferred judgment in a criminal proceeding may serve as an
adequate basis for the imposition of sanctions by the Dean, up to and including expulsion
from the University, without further proceedings under this Code of Student Conduct.
D.
1
Resolution by Agreement.
1.
At any point in these proceedings, the Dean or the Dean’s designee
(“Dean/designee”) may attempt to resolve complaints of nonacademic misconduct by agreement. Agreement may be reached
through direct dialogue or through mediation which may include
meeting with the parties in conflict, as well as relatives, academic
advisors, University administrators or others.1 If an agreement can be
reached on sanction(s)/conditions, then the matter is concluded, and
there shall be no further proceedings hereunder, subject to the
Dean/designee’s right to reopen the entire matter if the accused fails
to abide by any agreed conditions.
2.
Complainant Right to be Heard: Where the alleged act of misconduct
is a crime of violence or a non-forcible sex offense and when a
disposition of the complaint is proposed without a disciplinary
hearing, the complainant shall be afforded the opportunity to be heard
as to the sanction(s) that complainant believes should be considered.
Furthermore, in cases of sexual misconduct a complainant may end
the Resolution by Agreement process at any time and request that
Formal Procedures be initiated.
Mediation will not be used as a means of Resolution by Agreement in cases of alleged sexual assault.
14
E.
Procedures for Investigation and Enforcement Where Sanctions Will
Not Rise to Level of Suspension or Expulsion.
1.
Allegations or complaints of non-academic misconduct may be more
serious or less serious, depending on the circumstances. When
allegations or complaints are less serious in nature and, if founded
would result in a less serious disciplinary sanction(s) (i.e. sanctions
other than suspension or expulsion), the Dean/designee may utilize
whatever reasonable procedures are appropriate for investigation and
enforcement of this Code of Student Conduct. However, in all such
cases, students subject to sanction shall be (1) provided written notice
of the alleged misconduct, (2) given an opportunity during a meeting
with the Dean/designee to review and request a copy of any
documents within the possession of the Dean of Students pertaining
to the charges, (except students shall not have the right to review any
document prohibited from disclosure or production by law, any
document constituting work product or any attorney-client
communication), and (3) given an opportunity during a meeting with
the Dean/designee to be heard in response to the allegation. The
decision of the Dean/designee in such cases shall be based on a
preponderance of the evidence. Furthermore, such decisions shall be
final and shall not be subject to appeal.
2.
In cases where sexual misconduct is alleged, the complainant shall
also be entitled to an equal opportunity to be heard with respect to the
allegation as part of this procedure. Furthermore, in these cases,
either the complainant or the accused may request that Formal
Procedures, rather than these procedures, be followed, even where
suspension or expulsion does not appear to be warranted.
3.
The Dean/designee shall inform any person who initiated a complaint
that it has been resolved through these procedures, and where the
alleged act of misconduct is a crime of violence or non-forcible sex
offense, the complainant shall be notified of the outcome of this
procedure. Furthermore, where sexual misconduct is alleged, the
complainant shall be informed of both the outcome of this procedure
and of any sanctions to be imposed relating directly to the
complainant.
15
F.
Formal Procedures for Investigation and Enforcement
Suspension or Expulsion may be Warranted.
Where
The following formal disciplinary procedures shall be followed in cases where
allegations or complaints are more serious in nature and an investigation by the
Dean/designee results in a recommendation of suspension or expulsion.
1.
Disciplinary Hearings.
Formal disciplinary hearing procedures under this Code of Student Conduct will be
invoked when the Dean/designee is seeking suspension or expulsion and the matter is not
resolved through an agreement.
a.
Notice of Charges and Hearing: The accused will be provided
written notice no fewer than seven (7) business days prior to a
disciplinary hearing describing the alleged non-academic
misconduct and stating the date, time and place of the
disciplinary hearing with a hearing officer.
The written
notice shall indicate whether the University is seeking
suspension or expulsion. Any such indication shall not waive
the University’s option to also seek lesser sanctions, as set
forth in this Code. The written notice shall also indicate the
accused student has the right to review and request a copy of
any exhibits/demonstrative aids and other documents within
the possession of the Dean of Students pertaining to the
charges, (except students shall not have the right to review or
request a copy of any document prohibited from disclosure or
production by law, any document constituting work product or
any attorney-client communication).
b.
Ordering Students to Appear as Witnesses: The hearing
officer may provide written notice ordering any Drake
University student, including the complainant, to appear and
testify at a hearing. No later than three (3) business days prior
to the hearing, the Dean/designee, the complainant, or the
accused may provide the hearing officer with a written request
to provide written notice to a reluctant student witness to
appear at the hearing. Willful refusal of a student witness to
appear and testify after having been provided written notice by
the hearing officer to do so may result in the Dean/designee
filing charges of contempt against the witness under this
Code. If a witness provides a good reason why he or she
cannot attend the hearing, and no other arrangements can
reasonably be made, the hearing officer may allow the witness
16
to testify by a written, signed and dated statement. Any such
statement must be presented to the accused and the
Dean/designee at the commencement of the hearing.
c.
Postponement: The accused may request a postponement of
the hearing for reasonable cause or request a separate hearing
from other accused students. Such requests must be provided
in writing to the hearing officer at least three (3) business days
before the hearing is to take place. Such requests may be
granted or denied in the discretion of the hearing officer.
d.
Procedures during Disciplinary Hearing: Hearing procedures
existing in civil and criminal courts do not apply; however, the
following procedures will generally be followed.
i.
The hearing officer shall preside at the disciplinary hearing
and shall determine (1) whether a preponderance of the
evidence establishes the accused student engaged in nonacademic misconduct; and (2) recommended disciplinary
sanction(s), if any.
ii.
Only the accused, the complainant, the Dean/designee and
their respective personal representatives may be present
during the proceedings and non-party witnesses may only
be present when they testify unless the parties agree
otherwise. Where the parties do not agree, the hearing
officer may, in his or her discretion allow the witness to be
present in situations such as where an expert witness
testifies and he or she must be present to hear evidence in
order to render an opinion. Hearings are closed to the
public unless the accused, the complainant, the
Dean/designee and the hearing officer all agree otherwise.
iii.
The University’s evidence against the accused will be
presented by the Dean/designee.
iv.
The accused is expected, but not required, to attend the
disciplinary hearing. The accused has the right to remain
silent about any incident which is the subject of the
charge(s). However, if the accused does not participate in
the disciplinary process or chooses to remain silent, the
process may proceed to whatever conclusion is supported
by the available evidence. Under such circumstances, the
decision and sanctions, if any, will not be based on the
17
failure of the accused to attend the hearing or to remain
silent. Furthermore, if an accused does not participate in
the disciplinary process or chooses to remain silent, and if
the accused is later found not guilty in a criminal
proceeding or receives a defendant’s verdict in a civil
proceeding external to the University, that decision alone
shall not serve as an adequate basis to support a reversal of
the decision on appeal.
v.
The accused, the complainant and the Dean/designee may
have a personal representative (including, but not limited
to, an attorney) in attendance. The role of the personal
representative is to provide counsel and advice. The
representative does not advocate or take an active role in
the hearing, except a personal representative who is an
attorney may make an opening statement, a closing
argument and may present written questions to be read by
the hearing officer to a witness. The hearing examiner may
determine one or more of such questions shall not be read
to a witness if the hearing examiner deems such question or
questions to be inappropriate or irrelevant.
vi.
The accused, the complainant and the Dean/designee and
each of their personal representatives may see and hear all
evidence presented at the hearing. The accused, the
complainant and the Dean/designee may call witnesses,
conduct cross-examination, and may answer any evidence
presented by others through rebuttal. In appropriate cases
(such as those involving sexual misconduct or assault) the
hearing officer may make special arrangements to protect
the complainant and the accused from direct confrontation.
For example, Skype or other video conferencing may be
considered. Furthermore, the accused and the complainant
may be asked to provide their questions for crossexamination of the adverse party to the hearing officer who
will then pose those questions to that adverse party.
vii.
The hearing officer may ask questions at any time of the
parties and of the witnesses.
viii.
The hearing officer will arrange for a tape recording of the
hearing, which shall be the one and only official record of
the hearing.
18
2.
ix.
A violation of this Code is established upon proof of a
charge by a preponderance of the evidence; a
preponderance of the evidence exists when it is more likely
than not, or the greater weight of the evidence suggests, a
violation occurred. (This is to be distinguished from the
higher standard that is applicable in criminal proceedings
which requires “proof beyond a reasonable doubt”.)
x.
If a violation is found, the full University record of the
accused may be considered by the hearing officer in
making a recommendation as to sanction(s), if any, that
should be imposed.
e.
Written decision: No later than ten (10) calendar days after the
hearing the accused, and the Dean/designee, shall be provided the
written decision of the hearing officer.
f.
Special Notification to Complainant: The complainant shall be
provided written notice of the outcome of the disciplinary hearing in
cases where the alleged act of misconduct is a crime of violence or a
non-forcible sex offense. Furthermore, in those cases where the
alleged act of misconduct falls within the definition of sexual
misconduct, the complainant shall be provided written notice of the
outcome on that alleged claim of misconduct as well as of any
associated sanction imposed that relates directly to the complainant.
Appeals.
a.
An accused found by a hearing officer to have committed nonacademic misconduct has the right to appeal. An accused must
provide written notice of appeal stating the grounds of the appeal to
the Dean/designee within ten (10) calendar days from the date the
hearing officer’s written decision is provided to the accused.
b.
In cases where sexual misconduct has been alleged, the complainant
has the right to appeal a hearing officer’s decision on whether such
non-academic misconduct occurred and any associated sanction that
relates directly to the complainant. A complainant must provide
written notice of appeal stating the grounds of the appeal to the
Dean/designee within ten (10) calendar days from the date notice of
the outcome of the hearing and associated sanctions on such
allegations were provided to the complainant.
19
c.
The Dean/designee may also appeal from the hearing officer’s
decision. The Dean/designee must provide written notice of appeal
stating the grounds of the appeal to the Dean/designee’s office within
ten (10) calendar days from the date the hearing officer's written
decision was provided to the Dean/designee.
d.
The Dean/designee will provide written notice to the chair of the
Judicial Commission within three (3) business days after a notice of
appeal is provided to the Dean/designee.
e.
The Dean/designee shall also provide written notice of such appeal to
each and every other party who has appeal rights on the appealed
issue(s) within three (3) business days after the Dean/designee is
provided a notice of appeal. These parties shall then each have five
(5) business days in which to provide a written response to the appeal
with the Dean/designee. These response(s) shall be provided to the
appealing party and any other responding party and to the Chair of
the Judicial Commission within three (3) business days after they are
provided to the Dean/designee.
The Chair of the Judicial
Commission will provide the written notice(s) of appeal and
responses thereto to the appeals panel.
f.
A three member appeals panel selected by the Chair of the Judicial
Commission shall hear and decide appeals of hearing officer
decisions. The appeals panel shall be selected from student and
faculty members of the Judicial Commission, and, where
circumstances warrant, members of the public, with no more than one
student and/or two faculty members serving on any given appeals
panel. In the event no member of the Judicial Commission is able to
serve impartially on a hearing panel, the hearing panel may be
comprised of three members of the public.
g.
The grounds for appeal are as follows:
i.
Procedural error that prevented a fair decision;
ii.
Material misstatement or misapplication of the University
rules, regulations or policies alleged to be violated;
iii.
Decision not supported by substantial evidence;
iv.
Material evidence or facts, newly discovered, which could not
with reasonable diligence have been discovered and
introduced at the disciplinary hearing; or
20
v.
Sanction(s) imposed not commensurate with Code violation.
h.
Barring discovery of material new facts, an appeal is limited to a
review of the record from the disciplinary hearing, the notice(s) of
appeal and the response(s). While the outcome of an associated
criminal or civil proceeding may be considered a material new fact,
that outcome alone shall not be dispositive of the case on appeal.
i.
If a written notice of a request is provided by an appealing or
responding party no later than fourteen (14) business days after
notice of appeal is provided, the appeals panel shall meet with the
appealing and responding parties (and their personal representatives,
if any) for the purpose of hearing argument. No fewer than seven (7)
business days prior to the meeting, the appeals panel shall give
provide written notice to the appealing and responding parties as to
the date, time and place of the meeting. If neither the appealing nor
the responding parties request a meeting with the appeals panel, then
the appeals panel shall meet alone to decide the appeal.
j.
If the appeals panel determines none of the grounds for appeal
specified in subparagraphs 2.g.i-v above is satisfied, the appeal shall
be dismissed and the decision of the hearing officer becomes final.
k.
If the appeal is not dismissed, the appeals panel may affirm or reverse
the previous decision on one or more of the above stated grounds and
may modify the sanctions previously recommended.
l.
A simple majority of the appeals panel is required to make its
decisions.
m.
The decision on appeal is final, subject only to the concurrence of the
President or Provost as provided in section IV.A and IV.B below.
n.
No later than ten (10) business days after the meeting referenced in
paragraph 2.i above, or, where no such meeting has occurred, no later
than ten (10) business days after the appeals panel decides the
outcome of the appeal, the written decision of the appeals panel shall
be provided to the accused and the Dean/designee.
o.
Complainants shall be provided written notice of the outcome of the
appeal in cases where the alleged act of misconduct is a crime of
violence or non-forcible sex offense. Furthermore, in those cases
where the alleged act of misconduct falls within the definition of
21
sexual misconduct, the complainant shall be notified of the outcome
of the appeal on that alleged claim as well as of any associated
sanction imposed that relates directly to the complainant.
3.
Record and Release of Information
A record, consisting of the formal written decision(s), the written notes, tape
recordings and any other record of the disciplinary hearing proceedings will be maintained
in the Dean’s office. The record will be available to the accused and any other appealing
and responding party during the appeal period and one copy can be obtained by each of
them at no expense. The University rules, regulations and policies governing release of
education records govern the dissemination of disciplinary records.
4.
Exoneration.
If, after sanctions are imposed, compelling evidence becomes available establishing
an accused’s innocence, an accused may present such evidence to the Dean and request
that no reference to the charges or any sanctions related to those charges appear on the
accused’s permanent transcript, and any reference previously placed thereon be
removed. The Dean decides in his or her reasonable discretion whether or not to grant the
student’s request. A “not guilty” verdict in a criminal proceeding or a “defendant’s
verdict” in a civil proceeding will not necessarily be deemed sufficient to support such a
request.
IV.
University Sanctions.
The list of sanctions below is not exhaustive, but merely illustrative of those that
can be imposed.
A.
Expulsion: Following the procedures provided for herein and with
concurrence of the President, the Dean/designee shall have the authority to impose the
sanction of expulsion.
1.
When a student is expelled, a letter of notification is sent to the
student with copies to the Provost, the appropriate academic dean, the
Registrar, the Business Office, and, where appropriate, the student’s
parents.
2.
The expelled student loses financial assistance from the University on
the date of the expulsion.
3.
Copies of documents relevant to the disciplinary proceedings against
the student will be maintained in the Dean’s office.
22
4.
Only the President of the University may recommend readmission of
a student who has been expelled.
B.
Suspension: Following the procedures provided for herein and with the
concurrence of the Provost, the Dean shall have the authority to impose the sanction of
suspension. The purpose(s) of a suspension may include (1) allowing the student to
reconsider his or her values; (2) developing new goals; and/or (3) providing for the safety
of the complainant or others.
1.
If a student is suspended, a letter of notification is sent to the student
with copies to the Provost, the appropriate academic dean, the
Registrar, the Business Office, and, where appropriate, the student’s
parents.
2.
The suspended student loses financial assistance from the University
on the date of the suspension, for the duration of the suspension.
3.
Copies of documents relevant to the disciplinary proceedings against
the student will be maintained in the Dean’s office.
4.
Before a suspended student may re-enroll, the student must have a
conference with the Dean. After the period of suspension, the
decision of whether the student will be allowed to re-enroll is left to
the discretion of the Dean.
5.
A student who returns to the University after suspension shall be
placed on non-academic probation for at least one semester.
C.
Non-academic probation: Non-academic probation will be used when
violations are serious but where the student will be given an opportunity to continue study
at the University on a trial basis.
1.
If a student is placed on non-academic probation, a letter of
notification is sent to the student with copies to the appropriate
academic dean and, where appropriate, the student’s parents. The
letter, or some other writing provided to the student, will describe the
terms of the probation and any conditions.
2.
Copies of documents relevant to the disciplinary proceedings against
the student are held in the Dean’s office.
3.
A violation of any non-academic probation condition may result in a
review of the student’s status by the Dean/designee and imposition of
additional sanctions, including expulsion.
23
D.
Other Sanctions: Other disciplinary sanctions may be imposed in connection
with disciplinary proceedings under this Code. Such sanctions may be imposed alone or in
combination with any other sanctions. The following are examples and are not intended to
be an all-inclusive list:
V.
1.
Removal from the residence hall or residence hall system.
2.
Privileges may be revoked. Examples include ineligibility to live off
campus, revocation of scholarships or loans and restrictions on
residence hall visitation.
3.
Restitution may be required to be paid to the injured party or parties.
4.
Fines.
5.
The student may be referred for specialized help to persons such as
the student’s academic advisor, psychiatric counselor, clergy
member, physician, parents or the Counseling Center.
6.
An educational project assignment may be arranged so that the
student will have an opportunity to observe specific human behavior
related to his or her own misconduct. For example, students may be
asked to make reports on night court, juvenile court, Alcoholics
Anonymous, service agencies or to participate in some campus
activity with rehabilitative value.
7.
Work projects may be assigned. Examples include mopping halls,
washing walls or cleaning bathrooms.
8.
Reprimands may be given to indicate official disapproval of the
student’s behavior and to warn that further misconduct may result in
additional disciplinary action. In such cases a note is included in the
student’s personal folder outlining the misconduct and the fact that a
reprimand was given.
9.
One or more degrees may be withheld for a specified length of time.
Medical Amnesty Regarding University Discipline
Drake University’s primary concern is the health and safety of its
students. The University is aware that students are sometimes
reluctant to seek medical attention in alcohol- and drug-related
emergencies, out of fear that they may face sanctions related to
possessing or consuming alcohol and drugs. Because these
24
emergencies are potentially life-threatening, the University wants to
do what it can to reduce barriers that prevent students from seeking
assistance.
Accordingly, students who seek emergency medical attention for
themselves or someone else related to the consumption of alcohol or
drugs will be referred for substance abuse evaluation and/or
treatment, instead of receiving the University-imposed sanctions
referenced above, for the alcohol- or drug-related policy violation.
Medical Amnesty only applies when a student initiates the call for
emergency medical attention and only when the emergency medical
attention is needed to address alcohol or drug emergencies. It does
not apply when the individual suffering from the alcohol or drug
emergency is discovered by a University official (e.g., security, RA,
etc.).
Medical Amnesty does not apply to violations of the Code of Student
Conduct that are egregious, in the judgment of the Dean, including,
but not limited to, sexual assault, weapons possession, possession of
drugs that induce incapacitation (e.g. Rohypnol or other “date rape
drugs”), and all drug offenses beyond mere possession. The
University strongly encourages victims who have been sexually
assaulted after consuming alcohol or drugs and witnesses to such
assaults to come forward without fear of disciplinary action by the
University. The University strongly encourages students to seek
emergency treatment when alcohol poisoning or a drug overdose is
suspected.
VI.
Miscellaneous Provisions.
A.
Composition of the University Judicial Commission.
The judicial commission is composed of twenty-one (21) members: eleven (11)
faculty and ten (10) students. The faculty members shall be selected by the Faculty Senate.
The student members shall be selected by the Student Senate. The Judicial Commission
chair shall be chosen from among the faculty members of the Judicial Commission by a
majority vote of a quorum of the Judicial Commission. The chair shall have administrative
responsibility, which includes selection and assignment of appeals panels, delivery of
notices of appeal and responses thereto to panel members and oversight of appeals panel
reports.
25
B.
Term of University Judicial Commission Members.
University Judicial Commission members (both faculty and students) shall serve a
two-year term. Faculty members should alternate two-year terms so there are always
experienced faculty members on the Judicial Commission. Student members should also
alternate two-year terms so there are always experienced student members on the Judicial
Commission. The term of office for each member shall commence on the first day of the
fall semester. The term of office of all members shall expire on the last day preceding the
first day of the fall semester.
C.
Composition of the Appeals Panel.
The Chair of the Judicial Commission shall select three persons to serve as the
Appeals Panel. The appeals panel shall be selected from student and faculty members of
the Judicial Commission, and, where circumstances warrant, members of the public, with
no more than one student and/or two faculty members serving on any given appeals panel.
In the event no member of the Judicial Commission is able to serve impartially on a
hearing panel, the hearing panel may be comprised of three members of the public.
D.
Training the Appeals Panel.
Prior to participation on the appeals panel, new members shall review and be
familiar with this Code of Student Conduct and receive specialized training with respect to
appeals involving sexual misconduct
E.
Amendments.
Amendments to this Code of Student Conduct may be approved at any time by the
Drake University Board of Trustees, and will take effect after publication of the
amendment to the student body.
VII.
Special Provisions regarding Sexual Misconduct.
The following provisions apply to this Code of Student Conduct in matters
regarding sexual misconduct. Except as stated in this Section VII, the general provisions
set forth in this Code shall otherwise apply to such matters.
A.
Coordinator for Sexual Violence Response and Healthy Relationship
Promotion.
The University’s Coordinator for Sexual Violence Response and Healthy
Relationships is available to any student who has experienced sexual misconduct and at
the student’s request will make referrals to campus and community agencies. This
26
Coordinator will also report known allegations of Sexual Misconduct to the Dean of
Students and the Title IX Coordinator.
B.
Title IX Coordinator.
The University’s Director of Human Resources is designated as the University’s
Title IX Coordinator. The University’s Title IX Coordinator (1) is available to meet with
students who believe sexual misconduct has occurred; (2) will oversee the Dean of
Student’s investigation of any complaint of sexual misconduct against a student; and (3)
will ensure complaints are appropriately processed under applicable University Policies
and Procedures.
C.
No Mediation.
Although complaints of sexual misconduct may be resolved by agreement under
Section III.D. or addressed through Informal Procedures under Section III.E herein,
mediation will not be utilized as a means of reaching a Resolution through Agreement in
cases of sexual assault.
D.
Training.
The individuals responsible for coordinating, investigating, and adjudicating
(hearing officer and appeals panel members) complaints involving sexual misconduct
shall receive special training or have experience in (1) handling complaints of sexual
misconduct; and (2) applicable confidentiality requirements.
E.
Additional Actions the Dean of Students May Consider when a Student
Makes a Complaint of Sexual Misconduct.
Depending on the circumstances, the Dean of Students may consider the following
when a student reports sexual misconduct:
1.
Issuing no-contact notices to the complaining and accused students
and others, as appropriate.
2.
Providing an escort to ensure that the complainant can move safely
between classes and activities;
3.
Ensuring that the complainant and accused do not attend the same
classes;
4.
Moving the complainant or accused to a different residence hall;
5.
Assisting the students in arranging for counseling services;
27
6.
Assisting the Complainant in making arrangements for medical
services;
7.
Assisting the Complainant in seeking academic support services, such
as tutoring, seeking permission to re-take a course or withdraw from
a class without penalty; and/or seeking to ensure that any changes do
not adversely affect the complainant’s academic record.
Additional or alternative measures also may be considered with respect to the
complainant and/or the broader student population in cases of sexual misconduct.
Faculty Senate, April 21, 1993; revised April 1994; revised April 1996
Student Senate, April 29, 1993; revised April 1994; revised May 1996
Approved by President, August 27, 1993; May 1996
Adopted by Board of Governors (now Trustees), September 10, 1993
00889881-1\10420-000
28