Information for Student Respondents

In student conduct cases involving sexual and interpersonal misconduct, the respondent is the student, student organization, or other individual accused of misconduct. Below you will find explanations on what will occur when the University undertakes an investigation and adjudication process and a summary of your rights as a respondent in that process.  The University will determine which investigation/adjudication process will be used based on the status of the Respondent as student, employee, faculty, or third party. These options are discussed further in the Sexual and Interpersonal Misconduct Policy. University officials implementing these processes are trained in our policies and the requirements of Title IX and the Clery Act.

For a full description of those rights, you can refer to the Sexual and Interpersonal Misconduct Policy or the Code of Student Conduct.

General

Advisor/Support Person. You may bring an advisor or support person of your choice (e.g., parent, friend, lawyer, advocate) with you to any meetings or hearings during the investigation, adjudication, or appeal process - this person may provide advice or support but may not speak for you during the process unless permitted by the Code of Student Conduct.  When choosing an advisor or support person, please choose someone who will not also be involved in the matter as a witness.  Other guidelines regarding the selection and role of an advisor or support person can be found on the Division of Student Affairs webpage.

Confidentiality and Privacy. In a University investigation, respondents are provided information about the allegations to allow them a fair opportunity to respond. The level of detail necessary to do that, including revealing the complainant’s (the person bringing the complaint) identity, may vary depending upon the circumstances of the misconduct and the action to be taken. The privacy of both parties will be respected and safeguarded at all times. Information shared during an investigation is limited to those University employees who need to know in order to carry out their responsibilities to review, investigate and/or resolve these matters.

Retaliation. The University prohibits retaliation. All parties and witnesses are protected from any form of retaliation for participating in the investigation or filing a complaint. Additionally, if you feel that one of the parties, or friends, teammates, or family members of the parties is engaging in harassment or other misconduct against you because of your participation in an investigation or for filing a complaint, you should let the University know.

Resources for Support. The University offers a variety of support services to students, including counseling through the Student Counseling Center or assistance through the Student Disability Services office if accommodations are needed for a mental or emotional disability.  Resources can be located on the Title IX webpage or through the Sexual and Interpersonal Misconduct Policy or in the list below.

Interim and Protective Measures. If an individual reports Sexual or Interpersonal Misconduct or Retaliation, the University will work cooperatively with them to make available assistance within the individual’s educational and/or work environment. For example, university no-contact orders or changes to academic, living, transportation, and/or working situations may be requested and will be arranged if reasonably available. In addition, if requested, counseling, health services, disability services, immigration services, financial aid resources, and assistance in notifying appropriate local law enforcement will also be provided. A respondent may also request assistance from the university. 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 this Policy and serve as a basis for disciplinary action after an investigation into the situation.

Policy Resource. For the both the complainant and the respondent, a Policy Resource is available 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:

Leah Berte, leah.berte@drake.edu, 515-271-2917
Kevin Saunders, kevin.saunders@drake.edu, 515-271-1984

Investigation

Neutral Investigation. Upon receipt of a complaint and during an investigation, the University does not take sides. We are committed to providing a prompt, thorough, fair and impartial review, and our investigations are focused on the available information.  Throughout the investigation and adjudication process, the standard of evidence to be used is a preponderance of evidence, or whether it is more likely than not that a policy violation occurred.

Preserving Information. You should attempt to preserve any evidence relating to the complaint, including physical, written, or electronic evidence. In addition to preserving any physical evidence, you 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. You may also want to write down all the details you can recall about the incident. Additional information on preserving physical evidence can be found on the Title IX webpage at www.drake.edu/titleix.

Interviewing the Parties. Typically, the dean of students or a designee (the “investigator”) will first meet with the complainant in order to fully understand the allegations. The complainant is strongly encouraged to share all information, including documentation and names of witness, if any, with the investigator. After the investigator understands the nature and scope of the allegations, you will be asked about the allegations and given a full and fair opportunity to respond. You are also strongly encouraged to share all information, including documentation and names of witnesses, if any, with the investigator. The parties are not present during each other’s interviews.

Gathering Other Information. The investigator interviews witnesses and reviews all documentation deemed relevant to the situation. The investigator may also contact the parties with additional questions or to request additional information.

Investigator’s Report. The investigator will consider all information gathered during an investigation and prepare a report which will be shared with both parties. The University endeavors to complete the investigatory and adjudication process within 60 calendar days.

Adjudication or Resolution

Decision. When the investigation is complete, an individual may be charged with misconduct or the complaint may be closed. Protective measures may continue even after a complaint is closed or after the process has been completed.

The dean of students or designee will determine whether it is more likely than not that a policy violation can be established. Both parties will be notified in writing simultaneously of the decision. If the dean or designee finds a party responsible and recommends a sanction less than suspension or expulsion, they will impose sanctions which will conclude the adjudication of the complaint. If the dean or designee determines the evidence does not support charging an individual with misconduct, the complaint will be closed which will conclude the adjudication process.  

Appeal of the Dean’s or Designee’s Decision. When the dean or designee finds a party responsible and imposes sanctions less than suspension or expulsion, neither party may appeal the decision under the Code of Student Conduct appeals process; rather, either party may request for a formal hearing in lieu of the proposed determination and sanctions. If the dean or designee does not charge a student with misconduct and closes the complaint, either party may appeal that decision under the Code of Student Conduct appeals process.

Hearing. If the dean or designee recommends suspension or expulsion, or if either party elects a formal hearing be held, a hearing officer will hear the evidence, determine whether it is more likely than not that a policy violation occurred, and impose sanctions if applicable.  All parties may be present at the hearing but are not required to sit in the same room—accommodations can be made.

Appeal of the Hearing Officer’s Decision. Either the complainant, respondent, or dean of students or designee may appeal the decision of the hearing officer. An appeal panel will consider the appeal and, if requested by a party, hear from the parties in person—this is not another hearing of all of the evidence but rather an opportunity to make statements to the appeal panel directly regarding the appeal. Both parties will be notified simultaneously of the decision.

Resolution by Agreement. There is no mediation in cases of sexual and interpersonal misconduct. However, within the formal resolution process there is the option for either individual to ask the university to consider an informal resolution, which could include accepting measures such as withdrawal/separation from the university or agreements not to enter all or parts of campus, for example. Requests for informal resolutions will be handled on a case-by-case basis and always with the involvement of the person who reported the misconduct so they may have input into any proposed resolution – each individual has different outcomes in mind that could address their own personal concerns over their safety and environment. The informal resolution process remains voluntary and either individual may decline to participate and pursue the formal resolution process instead.

Sanctions. For complaints against students, the Code of Student Conduct identifies the sanctions that are available, which include expulsion, suspension, probation, removal from university owned housing, mandatory counseling, non-academic probation, revocation of privileges, restitution, fines, educational or work assignments, or university reprimand. For complaints against employees, sanctions could range from counseling and reprimands to suspension or termination from employment.

For additional information and more details, see the University’s Sexual and Interpersonal Misconduct Policy and Code of Student Conduct.

Resources 

Campus Resources and Support – Confidential

Student Counseling Center

3116 Carpenter Ave.

515-271-3864

 

Student Health Center

3116 Carpenter Ave.

515-271-3731

University Spiritual Counselor

Wesley House,

2718 University Ave.

515-274-3133

 

 

 

Campus Resources and Support – Private, not Confidential

Campus Public Safety

1227 25th St.

515-271-2222

Dean of Students Office

2507 University Ave.

203 Old Main

515-271-2835

Disability Services Office

2507 University Avenue

107 Old Main

515-271-1835

 

Drake International Center

2612 Forest Avenue

The Point

515-271-2084

Human Resources

2612 Forest Avenue

The Point

515-271-4804

Office of Residence Life

2875 University Avenue, Lower Olmsted

515-271-3781

 

Policy Resource

Kevin Saunders

515-271-1984

kevin.saunders@drake.edu

(for questions about policies and procedures)

Policy Resource

Leah Berte

515-271-2917

leah.berte@drake.edu

(for questions about policies and procedures)

Student Financial Planning

Carnegie Hall

515-271-2905

Title IX Coordinator

2507 University Ave.

208 Old Main

515-271-2982

titleix@drake.edu

www.drake.edu/titleix

 

 

Community Resources and Support – Confidential

Employee Assistance Program (EAP)

1-800-327-4692

Iowa Legal Aid

Legal services

1111 9th St., # 230

Des Moines

1-800-532-1275

 

Iowa Concern Hotline (Stress Relief)

1-800-447-1985

24/7

 

 

Local Law Enforcement

Des Moines Police Department

25 East 1st Street

Des Moines

911-emergnecy

515-283-4864 or 515-283-4811 – non-emergency

 

Report to Title IX
Contact Drake Public Safety
Confidential Resources

Quick contacts to reach confidential support

  • VIP student support or advocacy
    515-512-2972 (call or text)
  • Polk County Crisis and Advocacy
    515-286-3600
  • Cowles Library 209 during fall & spring term
        - Wednesdays 1:00-4:00
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