If you decide to file a complaint against a student, the Dean of Students Office follows Section III of the University's Code of Student Conduct for investigating and processing complaints. The following information is a summary of the resources, process, and procedures, but please refer to the Code for the full, applicable investigatory and resolution process.
The Title IX Coordinator is able to explain these processes as well if you have questions. Please note that during the investigatory and resolution process, each student (i.e., complainant and respondent) may have a personal advisor, advocate, or support person with them in all meetings, interviews, and hearings.
The University will immediately work with any person claiming to have been subjected to sexual or interpersonal misconduct to make available assistance within the educational, housing, and/or work environment. Safety planning and University no-contact orders are also available through interim measures. Interim measures are not disciplinary actions.
Throughout the investigation and resolution process, both students involved may have an advisor, advocate, or support person of their choice in meetings, interviews, or hearings. 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. Additional information regarding the selection and role of an advisor or support person can be found on the Division of Student Affairs webpage.
University investigator(s) will meet with each student separately as well as other witnesses and review available information.
Determination of whether there is a reasonable belief the charges can be proven is based on standard of “preponderance of the evidence,” i.e., whether it is more likely than not that the policy was violated, not criminal standard of “beyond reasonable doubt.”
(1) No reasonable belief the charges can be proven. Complaint will be closed. Either student can appeal. Protective measures are still available.
(2) Reasonable belief the charges can be proven and sanction less than suspension or expulsion: either student may request a formal hearing instead. If no request is made, the dean of students will impose sanction with no right of appeal by either student.
(3) Reasonable belief the charges can be proven and sanction of suspension or expulsion: formal hearing will occur before a University hearing officer. Both students may participate - arrangements can be made to prevent direct contact. Either student or the dean of students may appeal the final decision.
Resolution by Agreement
Voluntary process where either student may seek to resolve a complaint through the dean of students (not through the other student) rather than completing the formal resolution process. The student who filed the complaint will have input in any outcome.
If a student is found responsible, the Code of Student Conduct identifies possible sanctions: expulsion, suspension, probation, removal from Drake housing, mandatory counseling, non-academic probation, revocation of privileges, restitution, fines, or reprimand.