Complaint Resolution Process

If you decide you would like to report an incident to the University, the formal or informal complaint resolution processes outlined in the Sexual Harassment Policy may be available to address reported sexual misconduct (e.g., sexual harassment, sexual assault, sexual exploitation or sexual violence) or interpersonal misconduct (e.g., domestic violence, dating violence or stalking).

The Title IX Coordinator or Dean of Students are available to discuss these processes with students. The Title IX Coordinator and Executive Director, Human Resources, are available to discuss these processes with faculty or staff.

You can also seek assistance from Drake University without engaging in any type of complaint resolution process.

Student Formal Complaint Resloution Process

If you decide to file a formal complaint against a student, the Dean of Students Office follows Section III of the University's Student Code of Conduct for investigating and processing complaints. The following information is a summary of the resources, process, and procedures, but please refer to the Student Code of Conduct and the Sexual Harassment Policy for the full, applicable investigatory and resolution process.

The Title IX Coordinator is able to explain these processes as well if you have questions.

Advisor/Support Person

Throughout the investigation and resolution process, all parties to the investigation may have an advisor, advocate, or support person of their choice in meetings, interviews, or hearings. Additional information regarding the selection and role of an advisor or support person can be found in the Sexual Harassment Policy.

Supportive Measures

The University will work with any student to make available assistance within the educational, housing, and/or work environment. Safety planning and University no-contact orders are also available through the use of supportive measures. Supportive measures are not disciplinary sanctions.

Investigation

University investigator(s) will meet with each party separately as well as other witnesses and will review evidence. Each party to the investigation will have an opportunity to review the investigation report before it goes to the Director of Community Standards and/or Hearing Officer, who is the decision-maker in most cases.

Hearing

The Director of Community Standards and/or Hearing Officer will hold a hearing before making a final decision and imposing discipline, if applicable. Each party to the investigation may participate and arrangements can be made to prevent direct contact.

Notice of Decision

The Director of Community Standards and/or Hearing Officer will provide a written determination of whether there is a reasonable belief that the allegations can be proven based on the standard of “preponderance of the evidence,” (i.e., whether it is more likely than not that the policy was violated), not the criminal standard of “beyond a reasonable doubt.” All parties have the right to appeal.

Potential Outcomes

1. No reasonable belief the charges can be proven. Complaint will be closed. Supportive measures are still available to the parties.
2. Reasonable belief the charges can be proven, appropriate sanctions.

Potential Sanctions

Under the Student Code of Conduct, potential sanctions include but are not limited to expulsion, suspension, probation, removal from Drake housing, counseling, non-academic probation, revocation of privileges, restitution, fines, or reprimand.

Informal Resolution Processes

Informal resolution might not involve a full investigation or even, in most cases, a disciplinary outcome, while formal resolution would include a full investigation with possible hearing and disciplinary outcomes. An informal resolution process may not be available in all circumstances; the Title IX Coordinator, Dean of Students, or Human Resources Director are available to discuss available informal resolution options. You can also seek assistance from Drake University without engaging in any type of complaint resolution process.

Resolution by Agreement

A voluntary process that may be available in certain circumstances, which allows students to seek to resolve a complaint through an informal University process rather than completing the formal complaint resolution process, in a manner that allows the parties to the investigation to have input into any outcome.