Part II. Procedures and Guidelines

Acquired Immune Deficiency Syndrome(AIDS)
- AIDS Guidelines
- HIV Testing
Dining Services
Parking and Motor Vehicles
Policy on Probation and Intercollegiate Athletics and Major Leadership Activities
Campus Security Act
Policy on Reasonable Accommodation for Qualified Students with Disabilities
Residence Halls
- Mail
- Entering the Hall at Night
Right to Privacy Act
- Directory Information
- Student Record Policy Statement
Sales and Solicitation of Funds
Speakers and Programs (from off campus)
Rights and Freedoms of Students

A. Acquired Immune Deficiency Syndrome (AIDS)

On the basis of currently available medical evidence, casual contact with individuals with Acquired Immune Deficiency Syndrome (AIDS) and others who are seropositive for the Human Immune Deficiency Virus (HIV) does not pose a health risk to employees or students in the University community.

There is no evidence of transmission of the HIV infection by casual contact. The United States Public Health Service states that there is no risk created by living in the same place as an infected person, eating food handled by an infected person, casual kissing, touching, hugging, swimming in a pool with an infected person or, with proper precautions and guidelines, as follows:

Members of the University community who have AIDS, or a positive HIV antibody test — whether they are symptomatic or not — will be allowed unrestricted regular classroom attendance as long as they are physically able to attend classes..
There is no medical justification for restricting the access of individuals with AIDS, or positive HIV antibody test to student unions, libraries, theatres, restaurants, swimming pools, recreational facilities or other common areas.
Consideration of the existence of HIV infection, or seropositivity, is not part of the admission decision for those applying to attend Drake University.
University officials will not undertake mandatory programs of screening newly admitted or current students for HIV.
Unless necessary for protection of the student or others, or required by law, the University will not require that students respond to questions about the existence of AIDS, or a positive HIV antibody test.
The Drake University Student Health Center is familiar with appropriate sources of testing for antibody to HIV, and will refer students requesting such testing.
Currently available medical information does not support the existence of a risk to those sharing residence hall rooms with infected individuals. There may be, however, in some circumstances, reasonable concern for the health of those with HIV infection who might be exposed to certain contagious diseases (i.e., measles, chicken pox) in a close living situation. In such circumstances it may be recommended that HIV-infected students be assigned private rooms in the interest of protecting their own health.
Any person possessing information about individuals with AIDS or a positive HIV antibody test shall not disclose the identity of the persons or the results of a test in a manner which would permit identification except to the person, the person's parent or legal guardian if a minor or otherwise authorized by law or this policy. If disclosure is made as authorized by law, the disclosure shall be accompanied by a statement in writing which includes the following or substantially similar language:
"This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of the information without the specific written consent of the person to whom it pertains, or as otherwise provided by law. A general authorization for the release of medical or other information is not sufficient for this purpose."
University health policy will encourage regular medical follow-up for those who have AIDS, or a positive HIV antibody test. Special precautions to protect the health of immunologically comprised individuals should be considered during periods or prevalence of such contagious diseases as chicken pox and measles. Those who are known to be immunologically comprised should be excused from institutional requirements for certain immunizations, notably measles and rubella vaccines, as these immunizations may lead to serious consequences in those with poorly functioning immune systems.
In handling body fluids, Drake University Student Health Center personnel will follow universal precautions in accordance with Blank Children's Hospital policy.
Drake University has adopted safety guidelines for the handling of blood and body fluids of all students and employees in other settings as well.

Therefore, there is no reason to exclude individuals with AIDS or HIV seropositivity from residential housing, food services, classes, athletic facilities and programs or general campus activities. Further, the University will not screen students or employees for HIV infection. Medical and counseling records will continue to remain confidential. Rather, the focus of Drake University's concern will be:

To develop and maintain a University community well informed about HIV infection;
To promote behavior that minimizes the risk of HIV infection;
To minimize fear and prejudice toward individuals infected by AIDS; and
To foster sensitivity, concern and support for individuals infected by AIDS.

Should an HIV-positive person require special accommodations or protection from communicable diseases, then the Student Health Center staff, in consultation with the attending physician and Student Disability Services, will assess the individual's circumstance and make recommendations in accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the laws of the state of Iowa.

This document is an adaptation of the "General Statement of Institutional Response to AIDS" prepared by the Task Force on the Acquired Immune Deficiency Syndrome of the American College Health Association, J. Am. Coll. Health (Nov. 1988, revised January 1989). Reference was also made to a paper entitled, "HIV and its Transmission," prepared by the U.S. Centers for Disease Control (July, 1999 and reviewed in July, 2006). The University reserves the right to amend these guidelines as deemed appropriate by medical, legal or other developments regarding AIDS.

Testing for the HIV virus is done by many clinicians and physicians on a fee basis. The Polk County Health Department offers free and confidential testing. For information, call 286-3798.

Office of the Dean of Students
March 31, 1993
Revised, July 1, 2006

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B. Dining Services

The purpose of the dining services at Drake University is to provide students and staff with options for well-balanced meals.
Students may use any of the dining areas according to the hours posted.
Students, staff and guests are responsible for helping the staff keep the area neat. Please clear your area and return your tray to the dish return before leaving the dining area.
Smoking is not permitted.
Most dining areas will have take-out or eat-in meal options.
Each student, staff and guest is encouraged to practice "food ecology." Select only those items that meet your needs and eat all that you take. Use disposable items only when needed.
Misuse of food, china, glassware and/or silver increases costs and may result in disciplinary action of any involved.
Students who damage and/or deface University property will be assessed monetary responsibility for their actions and may face disciplinary action.
Students are expected to act in a respectful manner toward others, including staff. Disruption of the dining experience of others will not be tolerated.
Additional Dining Services regulations include ID misuse, smoking, damage, food and beverage removal, seconds policy and any conduct that would constitute an offense subject to University disciplinary sanctions
Students who are sick should contact the RA or the front desk of the residence hall and get the Dining Services Sick Slip signed designating a person to bring a meal to the ill student.

Guidelines for Enforcing Dining Services Policies and Procedures

Initial violations are usually handled between Dining Services' management and the student or guest involved.
A second violation will normally involve increased penalties, typically in coordination with Student Life, such as suspension of dining privileges for three days.
A third violation will result in additional disciplinary action, such as removal of dining privileges for the remainder of the year.
Nothing precludes disciplinary action being imposed or recommended on the first violation.

Meal cards
Drake University picture IDs act as meal cards. Meal cards and meals are to be used only by the student whose picture is on the card. Students can use only ONE board meal at a time when dining at the various locations on campus. If a student is found using someone else's meal card, the card will be confiscated and returned to the Dining Services Business Office. Lost or stolen meal cards should be reported to Dining Services Business Office within 24 hours after the loss or theft takes place so that the account may be frozen.

Meal plans
Drake University offers a variety of meal plans for students on and off campus. Students may add additional dollars to their meal plans, at any time, during the year in the amount of $50 or more.

Menus
Students can choose from several nutritious selections at every meal. Vegetarian menu alternatives are offered. Modified menu plans may be developed with a physician's prescription.

For current information on menus, meal plans, nutrition and dining locations, see our webpage at http://www.drakeudining.com/.

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C. Parking and Motor Vehicles

Students who use motor vehicles at Drake are expected to abide by motor vehicle registration and parking regulations and are responsible for all penalties associated with violations. Complete information on parking regulations and penalties may be obtained from the Student Accounts and Campus Security offices and under the heading "Buildings and Grounds"

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D. Policy on Probation and Intercollegiate Athletics and Major Leadership Activities

A student must have a cumulative grade point average of 2.00 or better in order to represent the University in intercollegiate or major leadership activities. Consequently, a student on academic probation may not represent the University in such activities. This includes but is not limited to intercollegiate athletics and mock trial competition, non-credit fine arts performances, elected student government positions, residence life positions, and student ambassador or peer mentor positions. Once a student is removed from academic probation, he or she may again represent the University in intercollegiate athletics and major leadership activities. Student organizations within the University are encouraged to adopt a similar policy for persons in or aspiring to leadership positions in such organizations.

Any student who is on probation or is having academic difficulties that might lead to probation is encouraged to contact the associate or assistant dean of his or her college and/or the Vice Provost for Student Affairs and Academic Excellence, who will assist the student in obtaining additional academic support services.

Effective January 1, 1996
Faculty Senate, April 19, 1995
Approved by President, April 19, 1995

E. Campus Security Act

The Campus Security Act of 1990, as amended in 1998, requires an annual security report of crime statistics on campus and University held properties as well as contiguous streets. The Campus Security Act also requires information on security and access to campus facilities, Drake Campus Security's relationship with the Des Moines Police, and other policies such as educational programs designed for students and staff, on security, sexual assault, and alcohol and substance abuse. The current campus security report is updated in September of each year.

Crime statistics, policy statements, and other information relating to the Campus Security Act.

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F. Policy on Reasonable Accommodation for Qualified Students with Disabilities

Drake University prohibits unlawful discrimination against qualified students with disabilities and encourages their full participation within the University community. All faculty, staff and administrators will actively support qualified students with disabilities in all the University's educational programs, services, and activities. The University's Policy on Reasonable Accommodation for qualified students with disabilities is found at /academics/policies/facmanual7.php#s518.

Drake Student Disability Services exists to help students with disabilities succeed in their pursuit for higher education. All students seeking reasonable accommodations from the University must coordinate their requests through Disability Services located in Old Main. For more information on Drake Student Disability Services and the requirements for obtaining reasonable accommodations, see /acadassist/disability/index.php.

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G. University Nondiscrimination Statement

The principles of equal access and equal opportunity require that all interactions within the University be free from invidious discrimination. Drake University therefore prohibits discrimination based upon race, color, national origin, creed, religion, age, disability, sex, gender identity, sexual orientation or veteran status.

Approved by the Drake University Board of Trustees on October 9, 2004

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H. Residence Halls

Students living in the residence halls become part of the community within each hall. Living within the residence hall community includes the expectation that each student takes responsibility for her or his behavior and respects the standards and policies outlined by Drake University. Another important responsibility of life in a community is the respect and consideration each member must have for the rights of others, including their need for rest and study time.

Refer to the Office of Residence Life home page or contact the Director of Residence Life for further information concerning the residence hall policies that pertain to all students who live in or visit the residence halls.

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I. Right to Privacy Act

The Family Educational Rights and Privacy Act of 1974 (FERPA) assures that students will have access to their education records maintained by the University FERPA also prevents the University from releasing to the public certain information about students to persons outside the University. However, FERPA allows the University to release to the public "directory information" about students. More information about FERPA can be found at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Directory Information

Drake University will release to the public the following "directory information" about each individual student without prior consent unless otherwise timely notified by the student:

Student's name, local address, telephone number and email address
Parent's name, address and telephone number
Date and place of student's birth
College of enrollment
Curriculum (major field of study)
Year in School
Participation in recognized organizations, activities and sports
Weight and height of members of athletic teams
Degrees and awards received
The most recent previous educational institution attended by the student.
Job title(s) and Date(s) of employment held while enrolled as a student.

Any student not wanting some or all of the above-referenced "directory information" released to the public must timely specify which data may not be released. Standard forms are available from the Office of Student Records and Academic Information. Completed standard forms must be received in the Office of Student Records and Academic Information by September 1 if directory information is to be withheld from the Drake University Student Directory (D Book). A notice is effective for a calendar year and must be resubmitted on the standard form each year to remain effective.

Revised July 1, 2006

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J. Student Records Family Educational Rights and Privacy Act
(FERPA) Policy Statement

The Provost's Office and its various subdivisions maintain student education records as an integral part of providing student services. All student education records and the information contained therein are subject to the provisions of the federal privacy act known as the Family Educational Rights and Privacy Act of 1974 (FERPA) and, subject to exceptions stated in FERPA, are not available for inspection by others without a written release from the student unless the person making the request is a University faculty or staff member with legitimate educational interests. Such personnel might include a faculty adviser, professor, dean or a counselor. Parents may or may not be excluded from seeing their student's education records or receiving information from the records without a release signed by their student, depending on the applicable provisions of FERPA.

Generally, students may inspect their own education records at any time the record keeping office is open. Prior notice is required to inspect your own file as inspections are done under the supervision of the office staff. Students may copy the contents of their own education records, although if the file is extensive there may be a reasonable copying charge. Students may not see their parents' Financial Aid Form or other financial records. Where records involve two or more students, the student may view only that part of the record that pertains to him/her. Students do not have a right to access records of instructional, supervisory or administrative personnel if those records are kept in the sole possession of the maker and are not accessible or revealed to any other person except substitute personnel. In addition, students do not have the right to access or review the records of Campus Security if the records were created for the purpose of law enforcement. In all cases where access to records is denied, the student and supervisor of the record shall attempt to informally resolve the matter. If the situation is not resolved in this manner, then the Provost, or his/her designee, shall make a final and binding decision regarding access after reviewing the arguments for access and denial of access.

If students find objectionable material in their file, they should call it to the attention of the supervisor of that record and if the supervisor agrees, the material can be deleted or amended. If the supervisor of the record does not agree to the student's suggested deletion or amendment after the student has had a chance to present all evidence in his/her favor, then the student may add additional or explanatory material to the file, which will be kept as part of the educational record.

All student files and records are subject to lawful subpoenas and court orders.

University files pertaining to students are normally purged after five years, although each department and College follows its own procedures.

Special note from the Provost on University Policy concerning release of student education records to parents and guardians:

Generally, it is Drake University's policy to request a signed consent from the student before the University will release the student's education records (including grades) to parents. The University treats students as adults, and encourages parents to become partners with their students. The University believes that this approach reinforces the importance of autonomy and accountability in student development.

There is no law forbidding students from voluntarily sharing all their information with parents after the student receives it from the University, and no consent form is required for such voluntary sharing between student and parent.

Under the following special circumstances, the University may release student education records to parents or others without student consent:

In an emergency, federal law (FERPA) allows the University to contact parents and other appropriate persons and disclose the information necessary to protect the health or safety of the student or other persons;
FERPA allows the University to disclose to parents or legal guardians information about their students’ violation of any federal, state or local law, or any rule or policy of the institution governing the use or possession of alcohol or a controlled substance, if (a) the student is under the age of 21; and (b) Drake determines that the student has committed a disciplinary violation with respect to such use or possession of alcohol or controlled substances;
The University may disclose to parents or guardians a student’s education records or information therein to the extent necessary to process the student’s financial aid request and for such related purposes as to:

determine eligibility for the aid;

determine the amount of the aid;

determine the conditions for the aid; and/or

enforce the terms and conditions of the aid; and

Finally, consistent with FERPA, if the student decides not to grant permission, then parents will have access to their student's records if they can provide evidence that meets the "dependent for tax purposes" requirement. (A dependent is an appropriate relative or member of the taxpayer's household who receives over half of his or her support for the calendar year from the taxpayer. Scholarships are not taken into consideration. 26 U.S.C. § 152.)

The University’s policy regarding disclosure of student information to parents is explained to parents and students at summer orientation. Students may authorize their parents’ access to their record via the "Authorize Family Access" link in the student portal.

Questions regarding FERPA, University policy or parental access to student education records can be addressed to the Office of the Registrar, 271-2025 or to the Associate Provost for Academic Excellence and Student Success at 271-3761.

More information about FERPA can be found at https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Adopted by the Faculty Senate, May 9, 2002

Supplemented by Provost to reflect University Policy concerning release of student education records to parents and guardians, November, 2007

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K. Sales and Solicitation of Funds

Except as noted below with regard to athletic facilities, the Dean of Students Office, in consultation with Campus Security, shall regulate fundraising and sales campaigns on campus that are directed to students:

Sales people shall not solicit or conduct business with students on campus unless invited by the individual student with whom the sales person is doing business.
Commercial advertising material may be excluded from the University.
Sales and fundraising campaigns are prohibited in Cowles Library.
Sales or fundraising activities shall be conducted in such manner as not to interfere with academic activities.
Student rooms cannot be used for commercial purposes.
Door-to-door solicitations in residence halls for commercial purposes are prohibited.

Fundraising, Solicitation and Distribution of Literature in Athletic and Recreation Facilities

The athletic department shall regulate sales campaigns directed to patrons of Drake athletic activities.
The officially designated concessionaire shall have control of sales of food and beverages directed toward patrons of athletic activities in the stadium, Fieldhouse, Drake Stadium, Drake Knapp Center, and on University property surrounding such events. Sales of food and beverages are prohibited in the Bell Center.
The athletic department shall have control of sales of all wearing apparel, novelty items and game/meet programs directed toward patrons of intercollegiate athletic activities in the Stadium, Fieldhouse, Bell Center, Drake Knapp Center and on University property surrounding such events.
Fundraising shall be prohibited except as it pertains to soliciting funds for Drake University.
In no event shall fundraising or solicitation occur in athletic and recreation facilities for personal gain.
The use of the name "Drake University," "Bulldogs" or "Drake Relays" in connection with sales of any item or any fundraising endeavor without the express permission of the Director of Marketing and Communication is prohibited.

Student Life Committee, April 7, 1972
University Senate, September 20, 1972
Revised July 1, 2006

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L. Speakers and Programs (From Off-Campus)

Education in the collegiate sense requires freedom of access to ideas and freedom to discuss ideas. It is the policy of Drake University to encourage students to hear and discuss diverse points of view presented by speakers and programs sponsored by recognized student organizations. This freedom of access to ideas shall be the guiding principle for determining meeting arrangements by student organizations that involve off campus speakers or programs and are open to the public.

Procedure

The Dean of Students shall be responsible for the administration of this policy.
Recognized student organizations shall follow established University procedure on the reservation of rooms, posting of notices and other rules, which may be required to avoid interference with the regular programs of the University.
If at any time, any person or group of the University community believes there is sufficient evidence that the stated policy is being thwarted, perverted or otherwise used to subvert full freedom of expression, a complaint may be made to the Dean of Students.

M. Rights and Freedoms of Students

On January 17, 1968, the Joint Statement on Rights and Freedoms of Students was adopted by the Association of American Colleges. The joint statement was previously endorsed by the United States National Student Association, the Association of American University Professors and the National Association of Student Personnel Administrators and the National Association of Women Deans and Counselors.

Copies of the statement with interpretive notes to reflect changes in the law and higher education that occurred after 1968 and the removal of gender-specific references are available from the Student Life Center and at http://www.aaup.org/AAUP/pubsres/policydocs/contents/stud-rights.htm. The policies and procedures of the University apply to the extent the Joint Statement is inconsistent with or in conflict with University policies or procedures.

Revised July 1, 2006

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