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Section IV - 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

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 the discretion of the Dean of Students.

Through voluntary entrance into Drake University, the student indicates a willingness to subscribe to University rules, regulations and policies and acknowledges the right of the University to initiate appropriate disciplinary actions when they are violated.

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A. Rights of Accused in the Disciplinary Process

1. To be sent notice of the charge and the alleged act upon which the charge is based at least seven calendar days before a disciplinary hearing.

2. To select representation in the disciplinary matter such as an attorney, University advisor or administrator.

3. To hear all the evidence upon which the charge is based and to answer the evidence through rebuttal.

4. To remain silent about any incident in which the accused is a suspect on the basis of self-incrimination, except that the accused may be disciplined for the separate offense of “contempt” if the requirements of that violation are met.

5. To produce witnesses and evidence in defense of the charges.

6. To know the name of and, at least through a representative, to cross-examine the complainant.

7. To be considered innocent until proven guilty by a preponderance of the evidence.

8. To have the results of the disciplinary matter presented in writing to the accused and to have the opportunity to appeal an adverse decision.

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 by a civil or criminal court.

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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 (including immediate suspension) to protect the safety and well being of students, faculty, staff and University property. 

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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. 

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E. Relationship of Code of Student Conduct to Law School Code of Conduct and Pharmacy Honor Code

This Code of Student Conduct applies to law students and pharmacy students and their student organizations only if the conduct at issue is not governed by the Law School Code of Conduct or the Pharmacy Honor Code.  

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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.

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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.

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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.

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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.

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II. Non-Academic Misconduct

A. Definitions

When used in this Code:

1. the term “accused” means a student or student organization charged with non-academic misconduct.

2. the terms “Code of Student Conduct” or “Code” refer to this document containing the rules, regulations and policies that govern student discipline.

3. the term “complainant” means a student, student organization, faculty member or staff member who initiates a complaint against student or student organization with the Dean of Students office.

4. the term “expulsion” means a person’s status as a student at Drake University is terminated with no right of readmission.

5. 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.

6. the term “University Hearing Panel” means the 21-member group (eleven (11) faculty and ten (10) students) from which appeals panels are chosen.

7. the term “non-academic misconduct” is defined as student violation of University non-academic rules, regulations or policies, violation of any governmental law or regulation 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.

8. 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.

9. the term “pre-hearing officer” means the person, appointed by the judicial commission chair, who meets with the accused at the pre-hearing conference in all cases where the University is seeking suspension or expulsion.

10. the term “student” means a person enrolled at or taking at least one course or workshop at the University at the time of the alleged non-academic misconduct.

11. the term “student organization” means a group with one or more students, recognized by the University.

12. 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.

 

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B. Punishable Non-Academic Misconduct

The following conduct, although not an exhaustive list, is punishable 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:

1. 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;
2. 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
3. Any intentional and unauthorized pointing of a firearm or display of a dangerous weapon in a threatening   manner.

5. 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.

6. Harassment:  Doing any of the following acts with intent to intimidate, annoy, or alarm another person:

1. 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;
2. Cyberbullying—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 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.
3. 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 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 fire fighting 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 Offenses:  See Appendix H.

20. Sexual Harassment:  See Appendix I.

21. Indecent Exposure:  Exposing one’s genitals to another person or committing a sex act in another’s presence for the purpose of arousing or satisfying sexual desires, if the person reasonably should know that the act is offensive to the viewer. 

22. Invasion of Privacy—Nudity:  Viewing, photographing, or filming another person in a state of full or partial nudity while the person has a reasonable expectation of privacy, without the person’s knowledge or consent, if the viewing, photographing, or filming is for their purpose of arousing or gratifying the sexual desire of any person.

23. 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.

24. Misuse of Student Identification Card and Other University Documents:  See Appendix L.

25. Theft:  The wrongful taking of the property of another, or wrongfully refusing to return the property of another when requested to do so.

26. 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.

27. 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.

28. Attempt to Commit Non-Academic Misconduct:  An attempt to commit a prohibited or unlawful act is non-academic misconduct, even if unsuccessful.

29. 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.

 

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III. Procedures for Punishment of Non-Academic Misconduct

A. Initiating a Complaint

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 at Old Main.  The Dean of Students office may itself initiate a complaint based on information it receives.

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B. Disciplinary Investigation

In response to a report of non-academic misconduct, the Dean of Students Office shall conduct a disciplinary investigation. Upon completion of its investigation, the Dean of Students will determine whether there is sufficient evidence to pursue a charge of non-academic misconduct and will inform the complainant of that decision.

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C. Informal Resolution

1. Dean or Pre-Hearing Officer:  At any point in these proceedings, the Dean of Students (or the pre-hearing officer at a pre-hearing conference) may attempt to resolve complaints of non-academic misconduct through informal methods.  Informal methods include meeting with the parties in conflict, as well as relatives, academic advisors, University administrators or others.  If an informal agreement can be reached on sanction(s)/conditions, then the matter is concluded, and there shall be no appeal, 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:  Protection is afforded a complainant alleging assault or sexual abuse when a disposition of his or her complaint is proposed without a disciplinary hearing. In such cases, before imposition of the agreed sanction(s), the complainant shall be afforded the opportunity to be heard as to the sanction(s) that should be imposed.

 

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D. Disciplinary Hearing with Dean/Dean's Designee

The formal disciplinary hearing procedures in the Code of Student Conduct will be invoked when appropriate in the discretion of the Dean of Students.

1. Notice of Charges, Hearing and Exculpatory Information: The accused will receive written notice describing the alleged non-academic misconduct and stating the date, time and place of the disciplinary hearing with the Dean/Designee.  The notification will be sent by the Dean/Designee to the accused by electronic mail or other reliable means, no fewer than seven calendar days prior to the hearing.

If the University is seeking the penalties of suspension or expulsion, then the written notice shall so indicate.  Any such indication shall not waive the University’s option to also seek lesser sanctions, as set forth in this Code.  Where the University does not indicate it is seeking suspension or expulsion, then it shall be assumed that the University may seek any or all lesser sanctions. 

The accused student is entitled to information held by the University that is exculpatory in nature. Although the presumption is in favor of disclosure of such information, the University may withhold the names of witnesses or other information that would reveal the identity of witnesses under exceptional circumstances, such as when the University reasonably believes these individuals would be subject to harassment if identified. The exculpatory information, or an explanation for why the information is being withheld, shall be provided to the student no later than seven calendar days before the hearing.

2. Ordering Students to Appear as Witnesses:  The Dean of Students may issue an order to any Drake University student to appear and testify at a hearing.  No later than three business days prior to the hearing, the University, the complainant, or the accused may request that the Dean of Students order a reluctant student witness to appear at the hearing.  Willful refusal of a student witness to appear and testify may lead to charges of contempt against the witness under this Code. 

3. Postponement:  The accused may request a postponement of the hearing for reasonable cause or request a separate hearing from other accuseds.  Such requests must be submitted to the Dean of Students at least one business day before the hearing is to take place. Such requests may be granted or denied in the discretion of the Dean/Designee.

4. Pre-Hearing Procedures (apply only where University seeks suspension or expulsion):  When the University is seeking the sanctions of suspension or expulsion, a pre-hearing conference shall be conducted by the pre-hearing officer designated by the judicial commission chair.  The pre-hearing officer shall not have been involved with or participated in the Dean of Students Office investigation.  The accused may bring a representative with him or her to the pre-hearing conference.  The pre-hearing officer is encouraged to act as a mediator between the parties and seek a mutually agreeable resolution of the charge(s), subject to the complainant’s right to be heard as to the sanction(s) that should be imposed in cases involving allegations of assault or sexual abuse.  The pre-hearing officer will not reveal any matter relevant to the merits of the case, either directly or though third parties, to the judicial commission chair or any commission members who may be designated to serve on an appeal panel hearing the case.

5.  Procedures During Disciplinary Hearing:  Hearing procedures existing in civil and criminal courts do not apply; however, the following procedures do apply.

1. The Dean of Students/Designee shall preside at the disciplinary hearing and shall determine (1) guilt or innocence of the accused; and (2) appropriate disciplinary sanction(s), if any. 
2. Attendance at disciplinary hearings is restricted to individuals directly involved in the hearing and individuals requested to be present by the University, the accused, or the Dean/Designee.
3. Hearings are closed to the public unless the accused, the complainant, and the University all agree otherwise.
4. The University’s evidence against the accused will be presented by an Office of Student Life staff member other than the Dean/Designee who presides at the hearing.
5. The accused is expected to attend the disciplinary hearing. If the accused does not attend the hearing, the University will proceed to present its evidence and the charges will be determined on the basis of the information available, a decision will be made and sanctions may be imposed or recommended by the Dean of Students/Designee. The decision and sanctions will not be based solely on the failure of the accused to attend.
6. The decision as to violation shall be based solely on evidence presented at the hearing.
7. The accused and the complainant may have a personal representative in attendance.
8. At the commencement of the hearing, the Dean/Designee shall inform the accused of the procedures to be followed during the course of the hearing, shall restate the charges against the accused and shall answer any questions the accused may have on these matters.
9. The accused may see and hear all evidence upon which the charge is based. In the discretion of the Dean of Students and when a request is made at least one business day before the hearing, the complainant may testify through videotape or in some other form through which confrontation with the accused is avoided, subject to cross-examination by the accused’s representative. The accused may personally, or through a representative, call witnesses to speak on behalf of the accused and conduct cross-examination, and may answer the evidence of the University through rebuttal.
10. Prospective witnesses, other than the complainant and the accused, may be excluded from the hearing during the testimony of other witnesses at the discretion of the Dean/Designee.
11. If one of the witnesses provides a good reason why he or she cannot attend the hearing, and no other arrangements can reasonably be made, that witness may testify by a written, signed and dated statement. Any such statement must be presented to the opposing side prior to the hearing.
12. The Dean/Designee may ask questions at any time of the parties or their representatives and of the witnesses.
13. The Dean/Designee, Student Life representative, or the accused may record the hearing by any method that is not overly intrusive.
14. A violation of this Code is established upon proof of the 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 the alleged non-academic misconduct.
15. If a violation is found, the full University record of the accused may be considered by the Dean/Designee in the determination of the sanction(s).

6.  Written decision:  No later than ten (10) calendar days after the hearing, the written decision of the Dean/Designee shall be provided to the accused, and the University officials involved in the matter.  Where a student has been charged with assault or sexual abuse, the complainant shall be notified of the outcome of the disciplinary hearing.

 

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E. University Sanctions

The list of sanctions below is not exhaustive, but merely illustrative of those that can be imposed.

1. Expulsion: With concurrence of the President, the Dean of Students/Designee shall have the authority to expel a student.
   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 of Students Office.
   4. Only the President of the University may recommend readmission of a student who has been expelled.
2. Suspension: The Dean of Students/Designee shall have the authority to suspend a student.  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.
   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 of Students Office.
   4. Before a suspended student may re-enroll, the student must have a conference with the Dean of Students. 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 of Students.
   5. A student who returns to the University after suspension shall be placed on non-academic probation for one semester.
3. 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 of Students Office.
   3. A violation of any non-academic probation condition may result in a review of the student’s status by the Dean of Students/Designee and imposition of additional sanctions, including expulsion.
4. Supplementary sanctions: Supplemental disciplinary sanctions may be imposed by the Dean of Students/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:

 

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F. 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 of Students, 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.

 

G. Exoneration

If, at any time the accused is found to be innocent of the charges, no reference to the charges or any sanctions related to those charges will appear on the accused’s permanent transcript, and any reference previously placed thereon will be removed.  The student’s file will be updated to reflect the exoneration.

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H. Appeals

An accused found to have committed non-academic misconduct by the Dean of Students/Designee after a disciplinary hearing 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 of Students within ten (10) calendar days from the date the written disciplinary hearing decision was sent to the accused.  The Dean of Students has ten (10) calendar days thereafter to provide a written response to the accused’s notice of appeal.  The following guidelines apply to appeals:

1. A three member appeals panel, consisting of one student and two faculty members, selected by the judicial commission chair, shall hear and decide appeals of decisions of the Dean of Students/Designee 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 the facts or 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 substantially more harsh or burdensome than justified by accused’s violation(s).

3. Barring discovery of material new facts, an appeal is limited to a review of any record from the disciplinary hearing, the accused’s notice of appeal and the Dean/Designee’s response.

4. If requested by the accused no later than 7 calendar days after delivery of notice of appeal to the Dean of Students, the appeals panel shall meet with the accused and/or the accused’s representative for the purpose of hearing the accused’s arguments for why one or more of the grounds for appeal are met and how the Dean/Designee’s decision on guilt and/or sanctions should be modified.  The Dean of Students/Designee shall have the right to appear at the meeting and provide arguments in support of the decision on guilt and/or the sanction(s) imposed.  No fewer than seven (7) calendar days prior to the meeting, the appeals panel shall give notice to the accused and the Dean of Students as to the date, time and place of the meeting.

5. If the accused does not request the meeting with the appeals panel, as referenced in the preceding paragraph, then the appeals panel shall meet alone to decide the appeal.

6. If none of the grounds for appeal specified in paragraph 2 above is satisfied by a preponderance of the evidence, the appeal is dismissed and the decision of the Dean/Designee is final.

7. If the appeal is not dismissed, the appeals panel may affirm or reverse the previous decision with regard to the accused’s guilt or innocence and may modify the sanctions previously imposed or recommended.

8. The appeals panel cannot impose or recommend more severe sanctions than were previously imposed or recommended.

9. A simple majority of the appeals panel is required to make its decisions.

10. The decision on appeal is final.

11. No later than ten (10) calendar days after the meeting referenced in paragraph 4 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, the Dean/Designee and the University officials involved in the matter. 

12. Where a student has been charged with assault or sexual abuse, the complainant shall be notified of the outcome of the appeal.

13. During the appeal process, the accused’s status as a student will not change except for reasons relating to the emotional or physical welfare of the complainant or the accused, or for reasons involving the safety of persons or property.

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I. 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 of Students Office. The record will be available to the accused during the appeal period and one copy can be obtained by the accused at no expense. The University rules, regulations and policies governing release of education records govern the dissemination of disciplinary records.

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IV. Miscellaneous Provisions

A. Composition of the University Hearing Panel

The judicial commission is composed of 21 members: 11 faculty and 10 students. The faculty members shall be selected by the Faculty Senate. The student members shall be selected by the Student Senate. All information obtained by appeals panel members during the course of disciplinary proceedings is to be kept in strictest confidence.

A hearing panel chair shall be chosen from among the faculty members of the University Hearing Panel by a majority vote of the entire Hearing Panel. The chair shall have administrative responsibility, which includes selection of pre-hearing officers, selection and assignment of appeals panels and oversight of appeals panel reports.

The presiding officer of each appeals panel shall be appointed by the judicial commission chair from among the faculty members of the particular panel. The presiding officer shall arrange for the recording of the appeals panel meeting with the accused and Dean, if any, by any means chosen by him/her.

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B. Term of University Hearing Panel Members

University Hearing Panel 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 hearing panel. Student members should also alternate two-year terms so there is always an experienced student member on the hearing panel. 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.

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C. Training the Panel

Prior to participation on the appeals panel, new members shall review and be familiar with this Code of Student Conduct.

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D. Amendments

Amendments to this Code of Student Conduct may be approved at any time by the Drake University Board of Governors, and will take effect after publication of the amendment to the student body.

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, September 10, 1993

 

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