Judicial Processes

Informal Hearing Process: Hearing Officer and/or Dean's Designee 

A student may accept responsibility for a reported incident and have the Vice President and Dean of Students' designee apply administrative sanctions when all of the following conditions exist:

A. It appears that a positive behavioral change on the part of the student can be achieved without a formal hearing.
B. The student, after being informed of his/her rights, waives the rights to a formal hearing in writing.
C. The student accepts the sanction(s) applied.

Once administrative sanctions have been determined, the students will receive written notification of the applied sanctions and is responsible for fulfillment of agreements made during the informal hearing process. Failure to complete applied sanctions will be cause for further disciplinary actions.

In the event that administrative sanctions cannot be applied, the matter will be sent to the All-University Judiciary Committee for formal adjudication.

General Policy 

A. Nothing herein contained shall be deemed a limitation upon the express or implied powers or duties of the Board of Trustees or the administrative officers of the University.

B. Jurisdiction of the All-University Judiciary Committee shall be limited to the following offenses occurring on University, University-affiliated property, or conduct occurring off-campus which adversely affects the University's educational mission, objectives, and/or a current member of the University community, and without limitation of local, state or federal authority.

Formal Adjudication Procedures: The All-University Judiciary Committee

A. Functions
1. To review regularly the rules and procedures relating to student conduct and recommend desired changes to the faculty, administration and/or Student Senate.
2. To hear and decide cases for violation of rules and regulations as provided in the statement of general policy governing the committee's jurisdiction.
3. To hear and review interim suspension appeals.  Such appeals will be determined by a three member panel of the AUJC.

B. Membership
Three administrative officers appointed by the President of the University, three faculty members recommended by the Nominating Committee and approved by the President of the University to serve staggered two year terms, the Vice President of the Student Senate, and four additional students elected by the Student Senate.
The chair of the committee is appointed by the President of the University. A quorum shall consist of five members and a decision may be made by a majority of the quorum present.

C. Procedures
1. Any student charged to appear before the All-University Judiciary Committee must be informed in writing by the chair of the committee at least 48 hours before the time set for the hearing and of his/her rights as specified in these procedures. A copy of this Student Handbook is sufficient to describe the student's rights.
2. Any student referred to the All-University Judiciary Committee must appear at the time and place set for the hearing. If the student fails to appear without justifiable reason, his/her case shall be heard in absentia.
3. All relevant evidence will be admissible as determined by the chair.
4. Witnesses may testify.
5. Failure to give truthful and complete testimony at the hearing to the All-University Judiciary Committee is a serious offense and may lead to disciplinary action. All persons appearing before the All-University Judiciary Committee shall be informed of this fact.
6. A complete tape record of the hearing will be made.

D. Order of Hearing
1. Charge. The chair of the All-University Judiciary Committee in the presence of the accused will read the charge.
2. The student subject to the complaint shall be informed of his/her rights, as follows:
a. A student may remain silent.
b. A student will not be forced to testify against himself/herself.
c. A student may be assisted in his/her case by an IWU student, faculty member, or an administrative staff member, however, only the student subject to the complaint may address the All-University Judicial Committee.
3. Evidence in support of the charge, presented in the presence of the accused.
4. Hearing of the accused.
5. Evidence in support of the accused.
6. The committee shall have the right to cross-examine any witness. If requested by the committee, the accused and/or the accuser's witnesses, having knowledge of the charge, will appear in the presence of the accused.
7. Deliberations by the committee (done in Executive Session)
a. Determination of decision.
b. Determination of action to be taken, if any.
8. Notification of the accused by the chair of the All-University Judiciary Committee of the decision of the committee and the appeal process. The decision and appeal process are to be confirmed in writing within 2 class days.

E. Decisions
1. When the Committee is a "court of first instance," it may reach one of the following decisions:
a. Not Responsible
b. Responsible
1. with disciplinary action
2. with no action
c. Referral to appropriate office or agency for assistance

F. Appeals
1. From an All-University Judiciary Committee decision:
Once a decision has been reached on a particular case by the All-University Judiciary Committee, the respondent or the complainant student may submit a written petition for appeal to the Vice President of Student Affairs within five business days after receiving written notice of the hearing decision.  A request for appeal must be based on one of the following reasons:

1.  A material deviation from written procedures that materially impacted the fairness of the hearing; or
2.  The sanction(s) is grossly disproportionate to the severity of the offense.

Process Review

The Vice President for Student Affairs will, within three (3) business days after receiving the petition for appeal, determine whether the petition articulates a clear argument for at least one of the two grounds for an appeal hearing.  The Vice President for Student Affairs may:

1.  Deny the appeal if it does not meet one of the grounds;
2.  Refer the matter back to the AUJC for a new hearing if there was a material deviation from written procedures that materially impacted the fairness of the hear; or
3.  Refer the appeal petition to the Appeals Committee.

Appeals Committee

The Appeals Committee will consist of three members: two (2) faculty/staff and one (1) student who have been trained regarding the University Code of Conduct and conduct process.  If a student is unavailable, a faculty/staff member may serve as a third member of the committee.  Members receive training on appeals and procedures at the beginning of the academic year.

Appeals Hearing Procedures

If an appeal review is granted, the Appeals Committee will review the appeals petition and any written or taped materials from the original hearing, as needed.  The Appeals Committee may confine their review to the written or taped materials only.  However, as determined by the Appeals Committee, the Appeals Committee may speak with any student or board member involved with the hearing process for more information or clarification. The Appeals Committee will not conduct a new hearing of the facts.  The Appeals Board will respond in writing to any request for appeal within ten business days of receiving the appeal from the Vice President for Student Affairs, unless extenuating circumstances exist.

Scope of Response

The Appeals Committee may take the following action.

1.  Uphold the decision.
2.  Dismiss one or more of the sanctions.
3.  Increase or decrease one or more of the sanctions.
4.  Refer the matter back to the AUJC for a new hearing, before the original or new hearing officer as determined by the Appeals Committee, if there is a finding that there was a material deviation from written procedures that materially impacted the fairness of the hearing.
5.  The Appeals Committee may not change the finding of responsibility.

Finality of Appeals

Decisions made by the Vice President for Student Affairs and the Appeals Committee are final.  No appeal of appeals are permitted.

2. From a decision by the Vice President of Student Affairs/Dean of Students or the Dean's designee:
Once a decision has been reached on a particular case by the Vice President of Student Affairs/Dean of Students or the Dean's designee, each student involved has the option of appealing this decision to the All-University Judicial Committee. This appeal must be made in writing and delivered to the Vice President of Student Affairs/Dean of Students within 5 class days of receiving written notice of the decision.


Sanctions

The All-University Judiciary Committee or Vice President and Dean of Students, or the Dean's designee, may impose one or more of the following sanctions. The All-University Judiciary Committee shall take into account the seriousness of the offense, the affect of the conduct on any victim(s) and/or the Illinois Wesleyan University community, the attitude and behavior of the student, prior misconduct of the student which resulted in sanctioning by the All-University Judiciary Committee and/or Vice President and Dean of Students, and any mitigating circumstances.

A. Restitution or Reimbursement
Reimbursement to the University may take the form of appropriate payment and/or service to repair or otherwise compensate for damages. The restitution must be made or arrangements made within 10 (ten) days or by the end of the school term, whichever comes first.

B. Note in Personal File
An entry shall be made in the student's personal file in the Office of the Vice President and Dean of Students.

C. Warning or Censure
A verbal or written admonition to the student offender indicating that a continuation or repetition of conduct found to be in violation of regulations or detrimental to the welfare of other students may be cause for more severe disciplinary action.

D. Disciplinary Probation
Written statement to the student indicating that further violation of university regulations will result in further disciplinary action and may result in separation from the University. Probationary status is usually for a stated period of time to be recommended to the Vice President and Dean of Students by the All-University Judiciary Committee and may or may not affect a student's participation in various university programs and activities.

E. Fine
A monetary charge, which may be in addition to restitution, at a dollar amount set by the All-University Judicial Committee.

F. Rehabilitative Activities
Referral to one or more campus agencies or recommendation that the student consult one or more outside agencies.

G. Community Service
Community Service may be performed at an on or off campus site. Site and number of hours are determined by the All-University Judiciary Committee, or the Vice President and Dean of Students acting at the request of the All-University Judiciary Committee.

H. Confiscation
Recommendations for disposal of any confiscated item shall be made by the All-University Judiciary Committee to the Vice President and Dean of Students.

I. Removal of Recognition of a Group

J. Suspension of a Group

K. Separation from the University
Temporary Separation from the University for a stated length of time. Conditions regarding return may be specified by the All-University Judiciary Committee and recommended to the Vice President and Dean of Students.
Permanent Separation from the University without right of readmission.

L. Interim Suspension                                                                                                                                               
Interim suspension may be imposed by the Vice President and Dean of Students, or her designee, is a temporary suspension of certain rights or privileges while a campus judicial case is pending or after a student has been subject to a felony arrest. An interim suspension may be broad and inclusive or may be restricted to a specific location and/or function and is based on the determination that the safety and well-being of the University community or specific persons are at risk.  See the Interim Suspension Procedures.

M. Other

Disciplinary Records
Disciplinary records are maintained in Judicial Affairs for seven years. Requests for copies of conduct records are made through the Dean of Student’s Office. The records for students who have been suspended or dismissed by the University for disciplinary reasons are maintained in perpetuity.

Access to Disciplinary Records
Student disciplinary records are protected educational records as defined by the Family Educational Rights and Privacy Act (FERPA). Students have discretionary authority over whether or not any outside individual or agency may access these records. Several exceptions to this include:

  1. Illinois Wesleyan University will always comply with a lawfully-issued subpoena, and will notify students of its intent to comply with such directives.

  2. Disciplinary records may be shared with other University officials on a case by case basis.

  3. Disciplinary records may be shared with officials at other colleges and universities when there is a compelling interest to do so.

  4. FERPA has been amended (by the Higher Education Reauthorization Act of 1998) to allow for parental notification in the event of alcohol and drug violations for financially dependent students under the age of 21. Illinois Wesleyan University does provide for limited parental notification in these cases.

  5. FERPA has been amended (by the Higher Education Reauthorization Act of 1998) to allow for public notification of the outcome of the disciplinary process in the event of acts of violence or non-forcible sexual offenses. While Illinois Wesleyan University does not provide public release for individual disciplinary records, these events may result in parental notification.