Proposed revisions to Code of Student Conduct and Sexual and Interpersonal Misconduct Policy

Note: The revised Code of Student Conduct and the revised Sexual and Interpersonal  Misconduct Policy and corresponding Guidelines are available for review and comment in the Policy Library. Given the timing between now and final exams, grading, and graduation, the documents will remain posted for an extended period of 30 days.  Any comments or concerns regarding the documents may be forwarded to dupolicies@drake.edu for consideration.  The Dean of Students and Title IX staff continue to remain available for any questions during or after the review period.

During the student conduct process, both the Dean of Students and Title IX staff will meet with reporting and accused students to explain the investigation and discipline process under the Code of Student Conduct.   And while the process itself works, the staff charged with explaining it to students found that doing so was challenging at times.  Some of the challenges had to do with formal language or proceedings, while other challenges arose from specific requirements that applied only to Title IX cases of sexual assault, sexual harassment, or dating violence, for example.  At the same time, the Title IX Coordinator was looking to revamp the Sexual and Interpersonal Misconduct Policy into a more user-friendly document that is more accessible while also giving pertinent and helpful information to any student, faculty, or staff who needed to consult the policy for their own use or for someone needing assistance.  Like the Code, the content itself was acceptable, but its use-ability could be improved.  So the two offices went to work.

One of the goals in looking at the Code was that the disciplinary process for all cases – from theft and drugs to racial harassment and sexual violence – will follow the same procedures to ensure a thorough and equitable process, consistent with the requirements of Title IX and fundamental fairness; in short, the University wants to treat conduct that is similar in a similar manner.  This will help with a better understanding of the process and consistent application of the Code.  It will also hopefully make the process feel less intimidating, stressful, and long for any student involved.  The result is that the Code of Student Conduct has experienced an overhaul for the first time in a long time.  Definitions have been clarified and added, important concepts such as “amnesty” (i.e., situations in which a student will not be charged with alcohol or drug violations when it comes to health and safety of campus) are better explained, and more importantly, the formal disciplinary process has been clarified and will be administered the same regardless of the type of complaints.

At the same time, the Sexual and Interpersonal Misconduct Policy looks different as well.  The current document is quite long and combines policy statements with procedures, community resources, and appendices.  The Policy applies to all students as well as faculty and staff so it is important that all members of the campus community can locate it and can also find the information they need in a user-friendly, accessible document.  The underlying policy statements in the Policy – that is, the prohibitions and requirements – have not changed.  The result is a cleaner Policy with more headings and clearer language in addition to separate Guidelines that include resources and practical information about how the Policy and university processes will work in specific situations, including both formal and informal resolution options.

The Sexual and Interpersonal Misconduct Policy governs the conduct of students, faculty, and staff, while the Code applies only to the conduct of students.  Therefore, the Code and the Policy only work hand-in-hand when a student is accused of sexual or interpersonal misconduct; however, the two offices consulted each other and worked on their revisions simultaneously because of the impact one has on the other.  The Sexual and Interpersonal Misconduct Student Advisory Committee also shared thoughts on definitions and processes in the past year.  The Code will be presented to the Board of Trustees Teaching and Learning Committee at the June meeting.

— Kathryn Overberg, Title IX Coordinator/Equity & Inclusion Policy Specialist, & Jerry Parker, Dean of Students