Administrative 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
- It appears that a positive behavioral change on the part of the student can be achieved
without a formal hearing.
- The student, after being informed of his/her rights, waives the rights to a formal
hearing in writing.
- 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.
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.
Hearing Board Adjudication Process: The All-University Judiciary Committee
- To review regularly the rules and procedures relating to student conduct and recommend
desired changes to the faculty, administration and/or Student Senate.
- To hear and decide cases for violation of rules and regulations as provided in the
statement of general policy governing the committee's jurisdiction.
- To hear and review interim suspension appeals. Such appeals will be determined by
a three member panel of the AUJC.
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
- 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.
- 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.
- All relevant evidence will be admissible as determined by the chair.
- Witnesses may testify.
- 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.
- A complete tape record of the hearing will be made.
D. Order of Hearing
- Charge. The chair of the All-University Judiciary Committee in the presence of the
accused will read the charge.
Complainants and respondents involved in the complaint shall be informed of their
rights, as follows:
- A student may remain silent.
- A student will not be forced to testify against himself/herself.
- A student may be assisted in his/her case by an IWU student, faculty member, an administrative
staff member or person of their choosing, however, only the students involved in the
complaint may address the All-University Judicial Committee.
- Evidence in support of the charge, presented in the presence of the respondent.
- Hearing of the respondent.
- Evidence in support of the respondent.
- The committee shall have the right to cross-examine any witness. If requested by the
committee, both the complainant and respondent and/or the complainant's and respondent's
witnesses, having knowledge of the charge, will appear in the presence of both the
complainant and respondent.
- Deliberations by the committee (done in Executive Session)
- Determination of decision.
- Determination of action to be taken, if any.
- Notification of both partiest 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 7 business days.
- When the Committee is a "court of first instance," it may reach one of the following
- Not Responsible
- with disciplinary action
- with no action
- Referral to appropriate office or agency for assistance
- A simple preponderance of proof (more likely than not) is the standard that must be
met for a finding of responsibility.
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:
- A material deviation from written procedures that materially impacted the fairness
of the hearing; or
- The sanction(s) is grossly disproportionate to the severity of the offense.
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:
Deny the appeal if it does not meet one of the grounds;
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
Refer the appeal petition to the 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
Scope of Response
The Appeals Committee may take the following action.
Uphold the decision.
Dismiss one or more of the sanctions.
Increase or decrease one or more of the sanctions.
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.
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
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 business days of receiving written notice of the decision.
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
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.
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.
Abuse of the University Judicial Process
Violations include, but are not limited to:
- Failure to respond to the summons of a judicial body or university official.
- Falsification, distortion, or misrepresentation of information before a judicial body.
- Disruption or interference with the orderly conduct of a judicial proceeding.
- Institution of a judicial proceeding knowingly without cause.
- Attempting to influence the impartiality of a member of a judicial body prior to,
during, and/or after a judicial proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a judicial body
prior to, during, and/or after a judicial proceeding.
- Failure to comply with the sanction(s) imposed by a judicial body.
- Influencing or attempting to influence another person to commit an abuse of the judicial
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:
Illinois Wesleyan University will always comply with a lawfully-issued subpoena, and
will notify students of its intent to comply with such directives.
Disciplinary records may be shared with other University officials on a case by case
Disciplinary records may be shared with officials at other colleges and universities
when there is a compelling interest to do so.
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.
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.