The Adjudication Process
Some Sexual and/or Relationship Misconduct may constitute criminal violations and violations of College policy. A person charged with a crime can be prosecuted under the Iowa Criminal Code and separately adjudicated by the College for any behavior that also constitutes a violation of this Policy. Even if the criminal justice authorities choose not to prosecute, a student charged with any type of Sexual and/or Relationship Misconduct will be subject to the College disciplinary process. Hearing procedures and disciplinary sanctions are outlined below.
It is possible for a complainant to make a first report to a number of different contact points throughout the college community. If, a complainant elects to first exercise a Confidential Reporting Option, and after meeting with any College Confidential Option and then determines that he/she would like to make an Official College Report, the confidential resource will direct the student to meet with the Associate Dean of Students or his/her designee. If the complainant first reports the incident to a Responsible Employee, the Responsible Employee will convey the information to the Associate Dean of Students or his/her designee who will follow up with the complainant.
Once a meeting is arranged, the Associate Dean of Students or his/her designee will outline the options available, including how a conduct hearing will work, along with its possible outcomes. If the complainant decides to participate in the process, the Associate Dean of Students or his/her designee will take a written and/or tape-recorded statement of the complainant’s account of the incident (the complainant may give an initial statement directly to Campus Security). The respondent will also be given the opportunity to provide the Associate Dean of Students or his/her designee with a written and/or tape-recorded statement. It should be noted that if Campus Security has already taken a written statement from the complainant and/or the respondent, the Associate Dean of Students or his/her designee may review these statements and then determine if a follow up statement should be taken from the party.
The investigation will also generally include interviews and/or written statements from any witnesses, as well as any other evidence relevant to the incident. The complainant and respondent will be permitted to have their counsel or an advocate present during the interviews and the hearing; however these individuals are permitted to participate only in an advisory capacity to the party. They are not permitted to take an active role in either the investigation or hearing process. Absent extenuating circumstances complainants and respondents utilizing an advocate are expected to use the same advocate throughout the process.
At the conclusion of the investigation the Associate Dean of Students or his/her designee will consider all of the information collected as part of the investigation (“investigatory record”) and determine whether in his/her reasonable opinion and based on the investigatory record a hearing panel could reasonably find a violation of this policy occurred. If he/she determines, based on the investigatory record, a hearing panel could not reasonably find a violation of this policy occurred, he/she will notify the complainant and respondent of the finding and the process will be concluded. If he/she determines, based on the investigatory record, a hearing panel could reasonably find a violation of this policy occurred; the procedures set forth below will be followed.
Notice of Charges and Hearing
The Associate Dean of Students or his/her designee will provide the complainant and respondent with written notice of the charges (policy violations), the hearing process, the hearing board members being chosen, the date and the location of the hearing.
If, at any time after being made aware of the complaint, the Associate Dean of Students or his/her designee determines that it is in the best interest of either student for safety or other reasons, the Associate Dean of Students may take whatever interim measures are deemed appropriate under the circumstances. The College will generally initiate these measures only with the complainant’s knowledge and consent, but the College reserves the right to take whatever measures are deemed necessary to protect the parties and/or the community. In most instances, both individuals will be instructed to avoid all contact with the other. If these instructions are not heeded, disciplinary action will be taken, including the possibility of immediate suspension from the College and trespass from campus. If requested by the complainant, a change in living or academic/work arrangements will be made to the extent reasonably possible.
Note:The charges of misconduct remain allegations until a decision is reached by the Specialized Student Misconduct Review Board.