Recreational Services Member Misconduct Procedures govern alleged violations of Recreational Services and/or University of Iowa rules and polices affecting participation in and access to Recreational Services facilities and programs by any individual, whether university-affiliated or community member. In cases where the report of misconduct may relate to violations of the law or University policies that contain separate procedures, Recreational Services will notify the appropriate authorities and/or department(s), and the individual may be subject to additional process and procedures. An Associate Director of Recreational Services will investigate the alleged incident. Investigations may include but are not limited to interviewing witnesses, and reviewing documentation and/or security tapes. Depending on the nature and severity of the alleged incident, other authorities and/or University departments may be consulted. An Associate Director of Recreational Services will make findings of fact and responsibility, and determine the sanctions to be imposed, if any.
Report of incident
Recreational Services may be notified of alleged violations of a Recreational Services and/or University of Iowa rule or policy by any person or by the University itself. Upon receipt of a report, the individual(s) involved in the alleged violation(s) will be notified either in person or in writing.
Investigation and standard of proof
An Associate Director of Recreational Services will investigate the alleged incident. Investigations may include but are not limited to interviewing witnesses, and reviewing documentation and/or security tapes. Depending on the nature and severity of the alleged incident, other authorities and/or University departments may be consulted. An Associate Director of Recreational Services will make findings of fact and responsibility, and determine the sanctions to be imposed, if any.
Individuals have the right to request a meeting with the investigating Associate Director of Recreational Services to discuss the alleged incident any time throughout the investigation process.
The standard of proof required to find a violation of a Recreational Services and/or University of Iowa policy, and thus provide grounds to issue sanctions, is a preponderance of the evidence. Preponderance of the evidence means it is more likely than not something occurred. Depending on the nature of the alleged violation(s), interim measures or sanctions may be imposed while an investigation is conducted.
Sanction guidelines
The following is a non-exhaustive list of considerations used to assist with determining appropriate sanctions:
- Type of infraction
- Severity of infraction
- Frequency of reports or violations
- Prior sanctions
Sanctions assigned to individuals found responsible for policy violations will depend on the full context in which the violation(s) occurred. Sanctions include but are not limited to:
- Verbal warning
- Written warning
- Meeting with staff
- Informing the Office of Student Accountability*
- Informing the Office of Sexual Misconduct Response Coordinator
- Informing Faculty or Staff supervisor or HR Representatives
- Informing UIPD or the Threat Assessment Program
- Suspension from Recreational Services facilities and/or program
- Permanent prohibition from all Recreational Services facilities and/or programs
- Additional interim measures or sanctions as deemed appropriate by other University Offices
Sanctions usually are progressive in nature, beginning with a verbal or written warning for a first offense. However, the nature or severity of a violation or circumstances may result in more or less severe sanctions.
Individuals who commit multiple offenses in a single episode can expect to be assigned more severe sanctions than they would have been assigned had they committed fewer offenses. Repeat offenders can expect to be assigned more severe sanctions than if they did not have the prior offenses.
Decision
The investigating Associate Director of Recreational Services or Director of Recreational Services will issue a written decision notice that summarizes the findings, identifies any rule(s) or policy violated, states sanctions imposed and, if appropriate, notes whether interim measures will continue. The written notice may be provided in person, by email, or by U.S. mail. Depending on the type and severity of violation, the decision may be provided to other appropriate University offices, including but not limited to UIPD, Office of Student Accountability and, in cases involving sexual misconduct, domestic or dating violence, or stalking, the Office of the Sexual Misconduct Response Coordinator.
Appeals
After sanctions have been issued, individuals have the right to appeal the decision through the Recreational Services appeal process.
*Code of Student Life violations
Violations of the Code of Student Life are handled separately through the Office of Student Accountability. Information regarding their policies and procedures can be found on their website.