Inside Iowa State

June 15, 2005

Conduct code changes take effect in August

by Anne Krapfl

"I was just watching" isn't going to cut it anymore.

Iowa Administrative Code that addresses the conduct of students and employees of the regent institutions is about to change, following a vote by the Board of Regents, State of Iowa, on June 14.

Regent-approved changes to the code incorporate state law standards about participating in an unlawful assembly and failing to disperse when directed by authorities. The changes also allow universities to punish students and employees for any misconduct that occurs during university-authorized events, or anywhere in the three cities where the universities are located.

By law, the changes will be published in the Iowa Administrative Bulletin. The earliest effective date is late August, according to Susan Anderson, associate counsel for the regents.

Anderson reported that during a 20-day open comment period in April and May, her office or university counsel offices received 29 written comments from 25 people. A May 6 public hearing via the Iowa Communications Network garnered comments from five people. The majority of the comments expressed concern about maintaining individuals' rights to freedom of speech and freedom to assemble. Anderson said these concerns are addressed in the "Constitutional rights" section (also based on state law) of the Iowa Administrative Code.

Anderson said the comments didn't prompt any additional changes to the code.

Regent Michael Gartner raised the question of "double jeopardy" -- students or employees being "tried" twice in two jurisdictions for misconduct. ISU university counsel Paul Tanaka said a ruling based on the administrative code is not a criminal proceeding, so the concept of double jeopardy doesn't apply.

The regents approved changes to the Iowa Administrative Code that address unlawful assembly and failure to disperse when directed to by authorities.