I. Purpose and Related Policies
The Sexual and Interpersonal Misconduct Policy is the official University policy regarding sexual assault, sexual exploitation, and sexual harassment (collectively referred to herein as “Sexual Misconduct”), and dating violence, domestic violence, and stalking (collectively referred to herein as “Interpersonal Misconduct”) involving University students, faculty, or staff. The purpose of these “Guidelines” is to supplement the policy and to identify Drake University’s procedures and contacts in cases of sexual and interpersonal misconduct. These Guidelines will be applied unless individual circumstances require discretion in how the University responds to a particular situation or unique circumstance. In addition, these Guidelines are intended to ensure that the University's policies and procedures related to sexual and interpersonal misconduct are interpreted and applied consistently with Title VII, Title IX, the Clery Act, Iowa law, and any other applicable law or regulation.
Related university policies can be found in the online Policy Library at http://www.drake.edu/policy/. In particular, the Consensual Relationships Policy could be relevant to concerns of sexual harassment under the Sexual and Interpersonal Misconduct Policy, while the Non-Discrimination Statement and the Discriminatory Harassment (Non-Sex-Based) policies could be related to concerns of discrimination or harassment based on sexual orientation and gender identity or expression. Similarly, the Policy on Non-Retaliation Against Persons Reporting Misconduct could also be relevant to matters covered by these Guidelines. Other relevant University documents may also include the Code of Student Conduct, the Faculty Manual, or other staff handbooks or policies.
II. How to Report Sexual and Interpersonal Misconduct
A. Confidential Resources
Some reporting options are legally confidential, meaning that absent specific exceptions, these individuals cannot be forced to divulge or share any information about the identity of the individual or the specific facts of the situation. Because people have different obligations with regard to confidentiality depending on their positions or affiliations, individuals should always confirm whether legal confidentiality applies to the communication. Generally, legal confidentiality applies when a person seeks services from the following individuals:
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Privileged/Confidential Resources Under Iowa Law |
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Health care provider (including medical professionals at Drake University’s Student Health Center) |
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Personal attorney |
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Psychological counselor (including counselors at Drake University Student Counseling Center) |
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Religious/spiritual counselor (including Drake University’s Spiritual Counselor) |
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Victim Advocate (including through Violence Intervention Partners, Polk County Crisis and Advocacy Services, or similar crime victim center recognized under Iowa Code §915.20A) |
Any other University employee not included above must share suspected or known sexual or interpersonal misconduct with the Title IX Coordinator. Below are campus and community resources that are confidential and available to students or employees. Additional resources may be available on the Title IX webpage at www.drake.edu/titleix .
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Campus Resources and Support – Confidential |
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Student Counseling Center |
Student Health Center |
University Spiritual Counselor |
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Victim Advocate |
Violence Intervention Partner: 24/7 Peer-based Victim Support |
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Community Resources and Support – Confidential |
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Employee Assistance Program (EAP) 1-800-327-4692 |
Broadlawns Medical Center |
Iowa Lutheran Hospital |
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Iowa Methodist Hospital |
Mercy Medical Center |
Planned Parenthood Rosenfield Health Center |
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Polk County Crisis Services |
Iowa Sexual Abuse Hotline |
National Sexual Assault Hotline |
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Iowa Domestic Violence Hotline |
Domestic Violence Services |
Iowa Concern Hotline |
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LUNA–Latina Sexual & Domestic Violence Service |
Monsoon-United Asian Women of Iowa Sexual & Domestic Violence Service |
Nisaa African Family Services |
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Iowa Legal Aid |
Iowa Coalition Against Domestic Violence |
Iowa Coalition Against Sexual Assault |
B. How to Report to the University
Individuals are encouraged to report sexual or interpersonal misconduct to the University. When reporting a concern of sexual or interpersonal misconduct to the University, generally a “Complainant” is an individual reported to have experienced sexual or interpersonal misconduct. A “Respondent” is the individual or group reported to have engaged in sexual or interpersonal misconduct. A “Reporting Party” is a person who notifies the University that sexual or interpersonal misconduct has occurred, either to themselves or to another individual(s).
To report an incident involving sexual or interpersonal misconduct, an individual may contact any of the following employees and departments at Drake University:
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University Reporting |
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Title IX Coordinator |
Jessica Morgan-Tate |
515-271-4956 |
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Deputy Title IX Coordinator for Campus Climate/Associate Provost |
Melissa Sturm-Smith |
515-271-2835 |
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Deputy Title IX Coordinator for Athletics/Associate Athletic Director |
Megan Franklin |
515-271-2809 |
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Deputy Title IX Coordinator for Human Resources/Director, HR Partner Services |
Mary Alice Hill |
515-271-3676 |
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Deputy Title IX Coordinator for Prevention/Violence Prevention Coordinator |
Lynne Cornelius |
515-271-4141 |
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Dean of Students |
Jerry Parker |
515-271-4088 |
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Public Safety Director |
Scott Law |
515-271-2222 |
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Reports to Drake Public Safety or other University offices (other than counseling or health centers) will automatically be referred to the Title IX Coordinator, who will follow up for further processing. There is no time limit on reporting or filing complaints under the Sexual and Interpersonal Misconduct Policy, although the University’s ability to investigate and respond fully may be limited with the passage of time.
If a University Responsible Employee or Campus Security Authority learns of sexual or interpersonal misconduct, they are obligated to notify the University. The employee is permitted and encouraged to inform the individual of this obligation and that the information will be respected as private, and also to explain where the individual can find more information.
An anonymous report can be made through Ethics Point, which allows for communication between an individual and the University. An online report can be made through this web portal: www.drake.edu/ethicspoint. EthicsPoint is a third-party website that connects an individual with the appropriate University employee to respond to the concern without identifying the reporting individual. The University will post a response to the EthicsPoint site but, because it is anonymous and not tied to an e-mail account, the reporting individual will not be notified of the response. EthicsPoint will instruct the reporting individual to check back on the site for any responses, questions, or information from the University.
An online report can also be submitted through the Title IX website. The person submitting the report has the option to include their name or remain anonymous – unlike EthicsPoint, if the person does not include their name there is no way for the University to respond or provide information or resources to the person submitting the anonymous report.
The University respects a person’s choice to proceed anonymously and can support an individual through that process. However, doing so may limit the University’s ability to fully investigate or address the incident, impose discipline, or assist the individual through many of the possible protective measures.
The University will work cooperatively with individuals involved in matters of sexual and interpersonal misconduct to promote their health, well-being and physical safety, and when possible to make available assistance within the individual’s educational, living, and/or work environment. This is true regardless of whether the individuals are involved in a formal complaint process, an informal resolution process, or have otherwise requested the University not take action. When putting interim or protective measures in place, the University will consider individually each situation, the circumstances presented, and what is reasonably available and appropriate.
Upon the filing of a formal complaint the University will review the allegations and determine the necessity and scope of any interim measures to prevent harassment, misconduct, or retaliation and to provide a safe educational and work environment. Parties may request interim or protective measures at the beginning of the complaint process or at any time through the process if needs or circumstances change or develop, requiring a new or different type of action.
For example, if requested, counseling, health services, disability services, immigration services, financial aid counseling, and assistance in notifying appropriate local law enforcement or advisors can be provided. Other University actions or assistance that may be requested and can be arranged if reasonably available and appropriate may include:
Interim and protective measures are not disciplinary sanctions themselves, but an individual’s failure to comply with the restrictions imposed by interim or protective measures may be a violation of the Sexual and Interpersonal Misconduct Policy and serve as a basis for disciplinary action. The following individuals can provide assistance in seeking interim and protective measures:
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For Students |
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Dean of Students |
Jerry Parker |
515-271-4088 |
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Title IX Coordinator |
Jessica Morgan-Tate |
515-271-4956 |
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Public Safety Director |
Scott Law |
515-271-2222 |
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Coordinator, Student Disability Services |
Michelle Laughlin |
515-271-1835 |
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Deputy Title IX Coordinator for Prevention/Violence Prevention Coordinator |
Lynne Cornelius |
515-271-4141 |
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For Employees |
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Deputy Title IX Coordinator for Human Resources/Director, HR Partner Services |
Mary Alice Hill |
515-271-3676 |
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Title IX Coordinator |
Jessica Morgan-Tate |
515-271-4956 |
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Public Safety Director |
Scott Law |
515-271-2222 |
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When an individual reports sexual or interpersonal misconduct to the University, they may request several different options: (1) assistance and support only, requesting that the University not take formal action or otherwise declining an informal or formal resolution; (2) informal resolution without participating in a formal investigation and disciplinary process; or (3) formal complaint and investigation with the potential for discipline. Based on the information shared, the University will take steps that are aimed at stopping the behavior and preventing a recurrence.
For informal or formal complaint resolutions, the Complainant and Respondent can expect the following:
For informal and formal complaints, communications throughout the process will generally occur through University e-mail accounts unless other arrangements or accommodations have been made. The University will communicate with the Complainant and Respondent to provide updates throughout the process. In addition, at any time either the Complainant or Respondent may contact the University with questions about the status of their case.
In the informal or formal complaint resolution process there may be timelines or deadlines that the parties must follow. The University will consider reasonable requests from the parties to extend these timelines or deadlines if necessary; however, if an extension is granted it will be granted equally to all parties.
Complainants and Respondents who are students have the right to participate and the right to decline to participate in the University’s investigation and resolution process, consistent with the Code of Student Conduct. It is understood that if a party declines to participate, the University may determine to proceed without their participation if doing so is deemed necessary to protect the campus community. A Complainant’s formal complaint may need to be investigated and adjudicated, even if they later decline to participate. A Respondent may be held responsible for violations and sanctioned, even if they decline to participate. The University will not draw any adverse inference solely from a student’s decision not to participate; however, parties should be aware that declining to participate may impact the timing and outcome of a matter. Retaliation is prohibited against any person participating as a Complainant, Respondent, or witness in a formal complaint process.
Faculty and staff involved in a formal complaint process may be required to participate and cooperate in a University investigation and disciplinary process as a condition of their employment. Failure to do so could result in the University taking separate employment action. Retaliation is prohibited against any person participating as a Complainant, Respondent, or witness in a formal complaint process.
When a party is offered the right to an advisor during the complaint process, these individuals are often called Advisors, Personal Representatives, or Support Persons (collectively referred to as “Advisors” in this document). The individual may be a friend, victim advocate, lawyer, employee, family member, or other person chosen by the Complainant or Respondent. The University can assist in contacting an advisor if requested or appropriate.
Some rules and expectations regarding the role of the Advisor:
In addition to the student’s choice to contact an advisor, the Complainant and the Respondent may choose to contact a Policy Resource anytime throughout the process. These Drake employees are knowledgeable on the policies and processes related to cases under the Sexual and Interpersonal Misconduct Policy and the Code of Student Conduct. They can serve as a resource for questions over the policy, process, and steps throughout the investigation and disciplinary process. While they are not advisors, they can answer questions that may come up through the process and help make contacts for additional support or information. The Policy Resources are:
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Leah Berte |
515-271-2917 |
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Kevin Saunders |
515-271-1984 |
When the University learns of potential sexual or interpersonal misconduct, in most cases outreach will be done with the Complainant to identify reporting options (discussed earlier in these Guidelines) within and outside the University. The Title IX Coordinator is available to meet to discuss those reporting options with the Complainant or answer questions from the Respondent. In addition, the Dean of Students can also answer questions for students while the Director of HR Partner Services can speak with faculty and staff.
If the Complainant proceeds with a formal complaint or the University determines a formal response is required, the University will initiate the formal complaint process. If interim or protective measures are requested and determined to be reasonably available and appropriate, they will be put in place by notifying the parties.
The University, in appropriate circumstances, may place a Respondent on interim administrative leave when, based on all the available information, the University determines such leave is necessary. The interim administrative leave will follow applicable student or employee policy, if applicable, and may remain in place until the end of the formal complaint resolution process. Faculty or staff placed on administrative leave will receive their regular salary or wage until further notice.
The University shall inform the parties that a formal complaint has been filed, the nature of the complaint, and that an investigation will begin. The Notice will also include, if available, the name of the investigator(s) and a copy or link to the applicable policy, including any manuals or handbooks and the Sexual and Interpersonal Misconduct Policy. The University will select an investigator or investigators who have been trained to investigate campus matters of sexual or interpersonal misconduct and in conducting a prompt, equitable, and fair investigation. When the investigation team includes two members gender balance is a priority but cannot be guaranteed based on availability or potential conflict of interest. The investigation team may be composed of internal University employees, external professionals, or a combination of both.
Within two calendar days, either the Complainant or Respondent may request in writing that an investigator be recused because of an identified conflict of interest. The University will determine if a conflict exists.
The investigation may include, but is not limited to, interviews with the Complainant, the Respondent, any witnesses identified by the parties or by the investigator as having information relevant to the complaint, and collecting and reviewing any relevant documents, communications, or physical evidence if possible.
Faculty and Staff
For complaints against faculty or staff, after review of the relevant facts and circumstances surrounding the complaint the appropriate Administrator (generally the Dean/Vice President/designee of the Respondent’s college or department or the Provost) and Human Resources will notify the parties whether the investigation established a violation of the Sexual and Interpersonal Misconduct Policy.
Disciplinary Action against Faculty: For complaints against any member of the faculty, the University will follow the procedures outlined in Faculty Manual Section 4.10, Faculty Conduct, Corrective Action, and Discipline.
Disciplinary Action against Staff: If the University finds a staff member responsible for sexual or interpersonal misconduct, any discipline will be consistent with any applicable collective bargaining agreement and University policies and will be carried out through the School, College, or Department and Human Resources. According to the At-Will Employment Policy: “Staff employment at Drake University is considered ‘at-will’ meaning that you and the University may end your employment at any time, with or without cause. One exception to this may be an employee who has signed an employment contract with the University.”
Students
The Code of Student Conduct sets forth the formal disciplinary process for complaints against students – please refer to the Code for the full process including deadlines and timelines as this document provides only a summary. Generally, at the conclusion of the investigation of sexual or interpersonal misconduct, the investigator(s) will prepare a preliminary investigative report that summarizes the information and includes any documents gathered. The investigative report will not include findings or determination on the complaint itself.
The Dean of Students or designee will hold a Pre-Determination Hearing with the parties involved. The Complainant and the Respondent may participate in the Pre-Determination Hearing jointly in-person or may participate remotely – both the Complainant and the Respondent will have the opportunity to meet personally with the Dean of Students during the Hearing unless other arrangements have been made. The Complainant and Respondent will not address or question each other directly but may pose questions to the Dean of Students. After the pre-determination hearing, the Respondent and Complainant may submit to the Dean written rebuttal or summary from the hearing.
The Dean of Students will issue a Notice of Decision after the conclusion of the pre-determination hearing process.
Once a formal complaint process has started, the University may consider requests from a Complainant or a Respondent to resolve the complaint short of formal findings or discipline. This is a voluntary process conducted through the Dean of Students, Human Resources, or designee – it is not mediation between the Complainant and Respondent. The Complainant or Respondent may choose to decline or end the resolution process and continue with the formal complaint process.
If there is an appeal process under the Code of Student Conduct, the Faculty Manual, or employee policy, that appeal right shall be available to both the Complainant and the Respondent.
Individuals should attempt to preserve any information or evidence relating to the complaint, including physical, written, or electronic information. Preserving evidence may be useful for participating in a criminal or University complaint or for obtaining protection orders.
In addition to preserving any physical evidence such as clothing or bedding, individuals are encouraged to save, for example, text messages, instant messages, social networking pages, and other communications, and to keep pictures, logs, and any other relevant documents. Individuals may also want to write down all the details they can recall about the incident. Additional information on preserving physical evidence can be found on the Title IX webpage at www.drake.edu/titleix.
There are different types of protection orders available through the University and/or the court system, described below. In compliance with Iowa law, the University recognizes both criminal no-contact orders and civil protective orders. If an individual obtains an order of protection from a court in Iowa, Drake Public Safety should receive a copy so that it is aware of any limitations or restrictions. If an individual learns that a court has issued an order of protection against them, Drake Public Safety can answer any questions or address the terms of the order. Either individual can meet with Drake Public Safety to develop a plan to abide by the court order. This plan may include, for example: escorts, special parking arrangements, changing classroom location, allowing a student to complete assignments from home, etc. If an individual violates any type of protection order (university, law enforcement, court-issued), contact Des Moines Police at 911 or Drake Public Safety at 515-271-2222.
University No-Contact Orders: The University may issue a No-Contact Order upon a report or complaint of sexual or interpersonal misconduct. This type of No-Contact Order is often issued mutually to both parties to avoid circumstances under which inadvertent contact may occur, is enforced under University policies and procedures, and applies to both on-campus and off-campus contacts. Individuals may contact the Title IX Coordinator, Dean of Students, or Drake Public Safety to discuss a university No-Contact Order.
University No Trespass Orders: Drake University’s property is covered by jurisdictional trespassing laws. The University has the right to ask a person to leave University property if the person’s conduct is aggressive or threatening, or is otherwise disruptive to the University’s educational or employment environment and/or University activities. In addition, the University may limit an individual’s access to certain buildings or parts of campus or campus activities. Under these circumstances, a No Trespass Order may be issued by Drake Public Safety as appropriate. Similarly, the Dean of Students or designee may restrict student access to particular buildings, events, or areas of campus as appropriate. Violations of trespass orders may warrant arrest by the Des Moines Police Department and can also be enforced through University policies and procedures. Individuals may contact the Title IX Coordinator, Dean of Students, or Drake Public Safety to discuss a university No Trespass Order.
Criminal No-Contact Orders: Criminal no-contact orders are available as part of a criminal proceeding for domestic abuse, harassment, stalking, sexual abuse, or assault. These orders are requested by the Polk County Attorney’s Office, are granted by a judge in the course of criminal proceedings, and can be enforced through local law enforcement.
Civil Protective Orders: There is a separate process for obtaining a civil protective order, which are available in cases of domestic abuse or sexual assault even if there are no criminal charges. Civil protective orders are issued through the local courts by completing an application, available in the Polk County Clerk of Court’s room. Like a criminal no-contact order, these orders are granted by a judge and can be enforced through local law enforcement.
There are resources both on and off campus that can assist any Complainant depending on their needs. Individuals with questions or concerns, or those needing support and assistance, can contact any of the resources listed below. Additional resource information can be found on the Title IX webpage at www.drake.edu/titleix.
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Campus Resources and Support – Confidential |
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Student Counseling Center
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Student Health Center |
University Spiritual Counselor |
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Victim Advocate |
Violence Intervention Partner: 24/7 Peer-based Victim Support |
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Campus Resources and Support – Private, not Confidential |
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Public Safety |
Dean of Students Office |
Disability Services Office |
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International Center |
Human Resources |
Office of Residence Life |
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Policy Resource (for questions about policies and procedures) |
Policy Resource (for questions about policies and procedures) |
Student Financial Planning |
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Title IX Coordinator
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Violence Prevention Coordinator |
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Community Resources and Support – Confidential |
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Employee Assistance Program (EAP) 1-800-327-4692 |
Broadlawns Medical Center |
Iowa Lutheran Hospital |
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Iowa Methodist Hospital |
Mercy Medical Center |
Planned Parenthood Rosenfield Health Center |
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Polk County Crisis Services |
Iowa Sexual Abuse Hotline |
National Sexual Assault Hotline |
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Iowa Domestic Violence Hotline |
Domestic Violence Services |
Iowa Concern Hotline |
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LUNA–Latina Sexual & Domestic Violence Service |
Monsoon-United Asian Women of Iowa Sexual & Domestic Violence Service |
Nisaa African Family Services |
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Iowa Legal Aid |
Iowa Coalition Against Domestic Violence |
Iowa Coalition Against Sexual Assault |
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Local Law Enforcement
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Des Moines Police Department 25 East 1st Street |
There are resources and support for a Respondent who is reported to have engaged in sexual or interpersonal misconduct. Individuals with questions or concerns, or those needing support and assistance, can contact any of the resources listed below. Additional resource information can be found on the Title IX webpage at www.drake.edu/titleix.
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Campus Resources and Support – Confidential |
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Student Counseling Center
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Student Health Center |
University Spiritual Counselor |
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Campus Resources and Support – Private, not Confidential |
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Public Safety |
Dean of Students Office |
Disability Services Office |
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International Center |
Human Resources |
Office of Residence Life |
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Policy Resource Kevin Saunders 515-271-1984 (for questions about policies and procedures) |
Policy Resource Leah Berte 515-271-2917 (for questions about policies and procedures) |
Carnegie Hall |
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Title IX Coordinator |
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Community Resources and Support – Confidential |
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Employee Assistance Program (EAP) 1-800-327-4692 |
Iowa Legal Aid |
Iowa Concern Hotline |
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Local Law Enforcement
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Des Moines Police Department |
