Section IV - Code of Student Conduct

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

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.

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.

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.

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. Adherence to Local, State and Federal Laws

Acts in violation of local ordinances, state law, or federal law are in violation of this Code. University disciplinary action may commence whether or not the offense results in proceedings in a civil or criminal court.

C. 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.

D. 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.

E. 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.

F. 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 should be read broadly and are not designed to define non-academic misconduct in exhaustive terms.

G. Parental Notification

In the discretion of the Dean of Students, the student’s parent(s) or guardian(s) may be notified of disciplinary proceedings.

H. University Disciplinary Proceedings Independent of Civil and Criminal Courts

University disciplinary action may commence whether or not the accused is involved in proceedings before a civil or criminal court.

I. 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.

J. Definitions

When used in this Code:
  • the term “accused” means a student or student organization charged with non-academic misconduct.
  • the term “aggravated misdemeanor or felony” refer 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 conviction may include imprisonment for two years or up to one year in jail as well as substantial fines.
  • 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.
  • the terms “Code of Student Conduct” or “Code” refer to this document containing the rules, regulations and policies that govern student discipline.
  • 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.
  • the term “expulsion” means a person’s status as a student at Drake University is terminated permanently with no right of readmission.
  • the term “hearing officer” means the person the Dean of Students designates to preside at a disciplinary hearing where the University is seeking suspension or expulsion.
  • the term “appeals panel” means the three member group, consisting of one student and two faculty members, selected from the judicial commission by its chair, that hears and decides appeals on cases decided by a hearing officer.
  • the term “Dean” means the Dean of Students.
  • the term “Dean/designee” means the Dean of Students or the Dean of Student’s designee.
  • the term “University Judicial Commission” means the 21-member group (eleven (11) faculty and ten (10) students) from which appeals panels are chosen.
  • 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.
  • 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.
  • the term “preponderance of the evidence” refers to the standard of proof by which it will be decided if a student has engaged in non-academic 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”.)
  • the term “student” means a person enrolled at or taking at least one course or workshop at the University.
  • the term “student organization” means a group with one or more students, recognized by the University.
  • 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.
  • the term “interim administrative leave” means an accused student’s status at the University 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 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.  

II. Non-Academic Misconduct Subject to Sanction

The following conduct, although not an exhaustive list, is subject to sanction as non-academic misconduct.

  • Violation of the University’s Acceptable Computer Use Policy:  See Appendix C.
  • Violation of the University’s Policies Regarding Alcohol and Controlled Substance Use:  See Appendix A.
  • 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.
  • Assault:
  • 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;
  • 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
  • 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 poisonous, stupefying, stimulating, depressing, tranquilizing, narcotic, hypnotic, hallucinating, or anesthetic substance in sufficient quantity to have such effect.
  • Harassment:  Doing any of the following acts with intent to intimidate, annoy, or alarm another person:
  • 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;
  • 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.
  • 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.
  • 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.
  • 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.
  • Bias-motivated Incidents:  See Appendix M.
  • 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 legal cause (such as the potential for self-incrimination in an actual or potential criminal case) which refusal substantially impedes the investigation.
  • Causing Damage or Destruction to Drake Property by Use of Fire or Explosives:  See Appendix G.
  • 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.
  • 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.
  • Gambling:  Gambling is prohibited and constitutes a violation of University policy.  See Appendix E.
  • Keys Violations:  Unauthorized possession of University keys and/or reproduction of University keys by anyone other than authorized University personnel is not allowed.
  • Perjury:  Knowingly making one or more false statements in connection with a disciplinary proceeding.
  • Property Damage:  Any intentional or reckless damage to real or personal property of another, including property of the University.
  • Roofs, Unauthorized Access:  No one is allowed on the roof of any University building.
  • Sexual Assault: See Appendix H.
  • Sexual Exploitation: See Appendix H.
  • Sexual Harassment: See Appendix H.
  • Sexual Misconduct: See Appendix H.
  • 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 I.
  • Misuse of an Identification Card (student ID, Driver’s License, State ID, etc.) or Other University Documents:  See Appendix J.
  • Theft:  The wrongful taking of the property of another, or wrongfully refusing to return the property of another when requested to do so.
  • Trespass:  Entry onto the 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.
  • 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.
  • Attempt to Commit Non-Academic Misconduct:  An attempt to commit a prohibited or unlawful act is non-academic misconduct, even if unsuccessful.
  • 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.

III. 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).  Upon receipt of a complaint, the Dean of Students office may initiate an investigation based on information the University receives or on its own initiative, in which case the Dean/designee will be considered the complainant.  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 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 presumed 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. Resolution by Agreement

  • At any point in these proceedings, the Dean or the Dean’s designee (“Dean/designee”) may attempt to resolve complaints of non-academic 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.
  • Complainant Right to be Heard:  Protection is afforded a complainant where the alleged act of misconduct is a crime of violence or a non-forcible sex offense.   In such cases, 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.

E. Procedures for Investigation and Enforcement Where Sanctions Will Not Rise to Level of Suspension or Expulsion.

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 entitled to (1) notice of the alleged misconduct; (2) a description of the evidence or information supporting the allegation; and (3) an opportunity to be heard in response to the allegation.  The decision of the Dean 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.

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.

The Dean/designee shall inform any person who initiated a complainant into the matter 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.

F. Formal Procedures for Investigation and Enforcement Where Suspension or Expulsion may be Warranted.

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 of Students/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 seeking suspension or expulsion and the matter is not resolved through an agreement.

  1. Notice of Charges and Hearing: The accused student will receive written notice describing the alleged non-academic misconduct and stating the date, time and place of a disciplinary hearing with a hearing officer.   The notification will be sent by the Dean/designee to the accused by electronic mail or other reliable means, no fewer than seven (7) calendar days prior to the hearing. 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. 
  2. Ordering Students to Appear as Witnesses:  The hearing officer may issue an order to any Drake University student 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 request that the hearing officer order a reluctant student witness to appear at the hearing.  Willful refusal of a student witness to appear and testify 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 to testify by a written, signed and dated statement. Any such statement must be presented to the accused and the Dean/designee prior to the hearing.
  3. 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 submitted 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.
  4. Procedures during Disciplinary Hearing:  Hearing procedures existing in civil and criminal courts do not apply; however, the following procedures will generally be followed.
    1. 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 non-academic misconduct; and (2) recommended disciplinary sanction(s), if any. 
    2. Attendance at disciplinary hearings is restricted to individuals directly involved in the hearing, including the Dean/designee, the accused, the complainant, their respective personal representative(s), the hearing officer and any additional witnesses called to testify.  Hearings are closed to the public unless the accused, the complainant, and the University all agree otherwise.
    3. The University’s evidence against the accused will be presented by the Dean/designee.
    4. 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 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.
    5. Witnesses, other than the complainant, the accused and the Dean/designee, will be excluded from the hearing during the testimony of other witnesses.
    6. 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.
    7. The accused, the complainant and the Dean/designee 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 or other forms of 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 cross-examination of the adverse party to the hearing officer who will then pose those questions to that adverse party.
    8. The hearing officer may ask questions at any time of the parties and of the witnesses.
    9. The hearing officer will arrange for a tape recording of the hearing, which shall be the one and only official record of the hearing.
    10. A violation of this Code is established upon proof of a charge by a preponderance of the evidence; that is, a violation is established when, based on all the evidence, it is determined that it is more likely than not that the accused committed non-academic misconduct.
    11. 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.
  5. Written decision:  No later than ten (10) calendar days after the hearing, the written decision of the hearing officer shall be provided to the accused, and the Dean/designee. 
  6. Special Notification to Complainant:  The complainant shall be notified 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 notified of the outcome on that alleged claim of misconduct as well as of any associated sanction imposed that relates directly to the complainant.

2. Appeals

An accused found by a hearing officer to have committed non-academic misconduct has the right to appeal.  A written notice of appeal stating the grounds of the appeal must be delivered to the office of the Dean/designee within ten (10) calendar days from the date the written disciplinary hearing decision was sent to the accused.

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 written notice of appeal stating the grounds of the appeal must be delivered to the Dean/designee within ten (10) calendar days from the date the outcome of the hearing and associated sanctions on such allegations was sent to the complainant.

The Dean/designee may also appeal from the hearing officer’s decision by delivering a 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 written disciplinary hearing decision was sent to the Dean/designee.

The Dean/designee will inform the chair of the Judicial Commission within three (3) business days after receipt by the Dean/designee of a notice of appeal. 

Within three (3) calendar days after receipt of a notice of appeal, the Dean/designee shall also deliver written notice of such appeal to each and every other party who has appeal rights on the appealed issue(s).   These parties shall then each have five (5) calendar days in which to file a written response to the appeal with the Dean/designee. These response(s) shall be delivered to the appealing party and any other responding party and to the Chair of the Judicial Commission within three (3) calendar days of receipt by the Dean/designee.  The Chair of the Judicial Commission will forward notice(s) of appeal and responses thereto to the appeals panel.

The following guidelines apply to appeals:

  1. A three (3) member appeals panel, consisting of one (1) student and two (2) faculty members, selected by the judicial commission chair, shall hear and decide appeals of Hearing Officer decisions after a disciplinary hearing.
  2. The grounds for appeal are as follows:
    1. procedural error that prevented a fair decision;
    2. material misstatement or misapplication of the University rules, regulations or policies alleged to be violated;
    3. decision not supported by  substantial evidence;
    4. material evidence or facts, newly discovered, which could not with reasonable diligence have been discovered and introduced at the disciplinary hearing; or
    5. sanction(s) imposed not commensurate with Code violation.
  3. 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).
  4. If a written request is made by an appealing or responding party no later than fourteen (14) calendar days after delivery of notice of appeal, 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) calendar days prior to the meeting, the appeals panel shall give 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.
  5. If the appeals panel determines none of the grounds for appeal specified in subparagraphs 2.b.i-v above is satisfied, the appeal is dismissed and the decision of the hearing officer is final.
  6. 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.
  7. A simple majority of the appeals panel is required to make its decisions.
  8. 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.
  9. No later than ten (10) calendar days after the meeting referenced in paragraph 2.d above, or, where no such meeting has occurred, no later than ten (10) calendar 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.
  10. Complainants shall be notified 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 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.
  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.

D. Supplementary sanctions: Supplemental disciplinary sanctions may be imposed by the Dean/designee. Such sanctions may be utilized by themselves or in combination with any other sanctions. The following are examples and are not intended to be an all-inclusive list:

  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.

V. Medical Amnesty Regarding University Discipline

Drake University’s primary concern is the health and safety of its students.  Drake 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 emergencies are potentially life-threatening, Drake 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.  Drake 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.  Drake strongly encourages students to seek emergency treatment when alcohol poisoning or a drug overdose is suspected.

Signs of Alcohol Poisoning

  • Inability to rouse the person with loud shouting or vigorous shaking
  • Inability by a person who has passed out to stay awake for more than 2-3 minutes
  • Slow or irregular breathing, or lapses in breathing
  • Weak pulse, very rapid pulse, or very slow pulse,
  • Cold, clammy, or bluish skin
  • Vomiting while passed out, not waking up after vomiting, or incoherent while vomiting
  • Seizures

Signs of Drug Abuse

  • Change in behavior, confusion, slurred speech
  • Now onset seizure activity
  • Altered breathing pattern
  • Decreased memory, reflexes, and coordination
  • Agitation, can’t sit still, panic, paranoia

Call 911 if you have any suspicion of an alcohol or drug overdose.  The person’s life may be in danger.  It is better to be safe than sorry.

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 and oversight of appeals panel reports.

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 is always an experienced faculty member on the Judicial Commission. Student members should also alternate two-year terms so there is always an experienced student member 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 Appeals Panel is a three member group consisting of one student and two faculty members selected by the Chair of the Judicial Commission.

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, including referrals to the Dean of Students for the purpose of processing complaints under this Code of Student Conduct. 

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 either personally investigate or oversee the investigation of any complaint of sexual misconduct; (3) will ensure complaints are processed fairly and appropriately 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.  Timelines

Ordinarily, an investigation into a complaint of sexual misconduct will be completed within sixty (60) days of the receipt of the complaint by the Dean of Students under section III herein; however, this timeline may vary depending on the applicable circumstances.  The other timelines set forth in this Code are also applicable in cases of sexual misconduct.

E. 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.

F.  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. Providing an escort to ensure that the complainant can move safely between classes and activities;
  2. Ensuring that the complainant and accused do not attend the same classes;
  3. Moving the complainant or accused to a different residence hall;
  4. Assisting the students in arranging for counseling services;
  5. Assisting the Complainant in making arrangements for medical services;
  6. 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

 

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Mediation will not be used as a means of Resolution by Agreement in cases of alleged sexual assault.

Last Modified: 12/19/2011 10:44:24 by content editor