Illinois State University
Code of Student Conduct
FINAL APPROVED DOCUMENT
April 29, 2015
Effective July 1, 2015
Illinois State University
Dean of Students Office
Campus Box 3090
Normal, IL 61790-3090
(309) 438-2008
Student Conduct and Conflict Resolution
Campus Box 2440
Normal, IL 61790-2440
(309) 438-8621
Illinois State University Code of Student Conduct Final Approved Document
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Table of Contents
Preamble 2
Definitions for the Purpose of This Document 2
Jurisdiction 3
Interim Actions 4
Violations of the Law 5
University Regulations 5
Rights and Responsibilities 14
Forums of Resolution 21
Sanctions 34
Conduct Records 36
Parental and Public Notification 37
Conduct Bodies 38
References 41
Illinois State University Code of Student Conduct Final Approved Document
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I. Preamble
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Illinois State University, as set forth in its Constitution, is committed to the transmission of knowledge,
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the development of its members, and improvement of the general well-being of society. Consistent with
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these goals, the University expects students and student organizations to exhibit “conduct which shows
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respect for the opinions and rights of all” and expects that students will be committed to being “good
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citizens” who comply with both the law and University expectations.
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Students at Illinois State University are expected to practice good citizenship in all of their interactions
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with the University, with one another, and in the broader community. As outlined in Educating Illinois,
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the University is committed to creating a community that exhibits respect for differences, ethical
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behavior, and social justice. This Code reflects these expectations in both the regulations set forth for,
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and in the processes designed to address student conduct.
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In order to achieve these goals and to provide students with appropriate guidance for making decisions,
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it is necessary to communicate explicit behavioral expectations to students and to ensure that these
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standards are consistently enforced. A student attending Illinois State University agrees to be governed
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by this Code of Student Conduct, hereafter referred to as Code, as well as by other applicable University
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policies. The University, through authority given by the University President to the Vice President for
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Student Affairs and the Dean of Students Office, maintains the exclusive authority to determine
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violations of the Code and to impose sanctions.
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Students should be aware that the student conduct process is fundamentally different from criminal and
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civil court processes. For the purpose of this Code, the procedures used to enforce University
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expectations assure written notice and a hearing before an objective decision-maker. No student will be
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found in violation of University regulations without information demonstrating that it is more likely than
26
not that a policy violation occurred and, if found in violation, sanctions imposed will be proportionate to
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the severity of the violation and cumulative conduct record of the student.
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II. Definitions for the Purpose of This Document
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The following definitions apply to the terms utilized in this document:
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a) The term “student” means all persons admitted for enrollment at or through the University,
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both full-time and part-time, pursuing undergraduate or graduate degrees (including those
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enrolled at Illinois State University who are seeking degrees from other institutions, or those
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individuals who are enrolled students at the time of a violation of the Code, as well as
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individuals on University premises for any purpose relating to registration for enrollment), as
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well as certificate and other educational programs. Individuals are still considered students for
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the purpose of this Code between academic sessions, until such time that a student’s degree has
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been awarded. Once enrolled, students with interruptions in active enrollment may be subject
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to this Code until the point at which the student is required by the Office of Admissions to
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reapply for enrollment.
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b) The terms “registered student organization” and “student organization” means a group of
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students who have met the formal requirements for University recognition and affiliation
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through registration with the Dean of Students Office.
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c) The term “University Official” means any faculty, instructor, or staff member employed by the
47
University performing assigned administrative duties or professional responsibilities.
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d) The term “University community” refers to all students, faculty, and staff members at Illinois
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State University, including those individuals who maintain a formal connection to the University
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through part-time employment or the supervision of students in academic endeavors such as
3
student teaching or internships.
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e) The term “University business days” means weekdays when the University is open for business,
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whether or not classes are in session.
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f) The term “assignment” means any material submitted to an instructor for the purpose of
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academic credit and/or degree fulfillment, whether or not a grade is assigned. This includes, but
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is not limited to: homework, lab assignments, quizzes, examinations, proposals, thesis,
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dissertations, publications, and other materials.
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g) The terms “shall” and “will” are used in the imperative sense.
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h) The term “may” is used in the voluntary sense.
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III. Jurisdiction
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Students at Illinois State University are annually provided with a link to the Code electronically. Hard
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copies are available upon individual request from Student Conduct and Conflict Resolution (SCCR).
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Students are responsible for reading and abiding by the provisions of the Code.
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The Code and the student conduct process shall apply to the academic and social conduct of individual
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Students, both undergraduate and graduate, and all Registered Student Organizations. If sanctioned, a
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hold may be placed on the student’s ability to re-enroll, register for classes, and/or obtain official
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transcripts and degrees until the conduct matter has been resolved and all sanctions have been
23
satisfied. The University will resolve all cases involving alleged violations of the Code, and will not defer
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proceedings pending any external criminal or civil review. Students who are members of registered
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student organizations may be subject to jurisdiction both as an individual student and as a member of
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the student organization.
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The Code applies to behaviors that take place on-campus, at University sponsored events and activities,
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in online or hybrid courses connected to Illinois State University, and off-campus, when the off campus
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behavior impacts University interests. Students attending a function as a representative of the
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University (including, but not limited to, students on academic or athletic teams, students involved in
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internships, and students participating in exchange or study abroad programs) are subject to the Code.
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For the purpose of the Code, a University interest is impacted when situations including but not limited
35
to the following occur:
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a) Any situation where it appears that the student’s conduct may present a danger or threat to the
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health or safety of her/himself or others; and/or
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b) Any situation that significantly impinges upon the rights, property or achievements of self or
40
others or significantly breaches the peace and/or causes social disorder; and/or
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c) Any situation that is detrimental to the educational mission of the University.
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The Vice President for Student Affairs (VPSA) is the final arbiter of jurisdiction.
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The Code may be applied to behavior conducted online, via email, text messages, or other electronic
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medium. Students should be aware that online postings such as social media sites, blogs, web posting,
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and chat rooms are in the public sphere and are not private. Action may be taken for online activity
1
when the behavior violates the Code.
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Students who host guests on campus and/or at University events may be held responsible for the
4
actions of their guests under the Code. Visitors to and guests of the University may seek resolution of
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violations of the Code committed against them by students.
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There is no time limit on reporting violations of the Code; however, the longer someone waits to report
8
an offense, the more difficult it becomes for the University to obtain information and statements and to
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make determinations regarding alleged violations. Finally, the University accepts anonymous complaints
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regarding student conduct, but anonymity may limit the University’s ability to investigate and respond
11
to a complaint. Those who are aware of misconduct are encouraged to file reports as quickly as possible
12
with the Illinois State University Police Department, or with SCCR. If an individual does not meet the
13
definition of a student, the University has no jurisdiction.
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The University cannot foresee all violations of the Code within the regulations (see Section VI). As such,
16
students may be subject to the student conduct process when their behavior is detrimental or disruptive
17
to the goals and/or purposes of the University and/or may violate federal, state, or local
18
laws/regulations and are not otherwise provided for in the Code. Furthermore, the University reserves
19
the right, in keeping with its commitment to offer a fundamentally fair process for all students involved
20
in the Student Conduct Process, to adapt certain aspects of the Student Conduct Process in specific
21
circumstances, in order to meet the interests of all involved parties, including the University.
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IV. Interim Actions
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A. Interim Actions for Individuals
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The University reserves the right to impose an interim disciplinary suspension and/or other
28
restrictions when the interim action is needed to:
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a) Ensure the safety and well-being of members of the University community or preservation
31
of University property; and/or
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b) Ensure a student’s own physical or emotional safety and well-being; and/or
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c) Alleviate a threat that a student poses to the normal operations of the University through
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behavior that disrupts or interferes with those operations.
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The Vice President for Student Affairs or her/his designee shall be responsible for the determination
37
of interim suspensions and residence hall suspensions. During an interim suspension, the suspended
38
student shall be denied access to all campus facilities, including residence halls and classes, and to
39
all University-related activities or privileges for which the student might otherwise be eligible, as the
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Vice President or her/his designee may determine to be appropriate. The Vice President or her/his
41
designee shall also be responsible for the terminations of housing contracts and mandated room
42
reassignments.
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The Vice President for Student Affairs (VPSA) or her/his designee shall be responsible for the
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determination of any other interim restrictions, including but not limited to restrictions from
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contacting specific individuals, residence hall restriction, and/or restrictions from other specific
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University locations. These decisions will be made in conjunction with Office of Equal Opportunity,
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Ethics, and Action in cases involving allegations of sexual misconduct, sexual exploitation,
1
relationship violence, and violations of the University Anti-Harassment and Non-Discrimination
2
Policy.
3
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Whenever an interim action is taken, a proceeding to resolve alleged violations of the Code shall be
5
convened at the earliest possible time. The interim actions may remain in effect until a final decision
6
has been reached, including any appropriate appeals process, at the discretion of the VPSA or
7
her/his designee. In cases where an interim suspension is removed or a suspension is not a sanction
8
following the student conduct process, effort will be made to restore the student formerly on
9
interim suspension to academic wholeness. Steps can include, but not be limited to, communicating
10
with professors, assisting in obtaining course materials, and assisting in identifying academic
11
assistance resources.
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B. Interim Actions for Student Organizations
14
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The University reserves the right to impose an interim disciplinary suspension on a registered
16
student organization when the interim action is needed to:
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a) Ensure the safety and well-being of members of the University community or preservation of
19
University property; and/or
20
b) Alleviate a threat that a student organization poses to the disruption of or interference with the
21
normal operations of the University.
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The Vice President for Student Affairs (VPSA) or her/his designee shall be responsible for the
24
determination of interim suspensions and any other interim restrictions, including but not limited to
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activity restrictions, restrictions from contacting specific individuals and/or restrictions from specific
26
University locations. During an interim suspension, a student organization may not engage in any
27
organized activities.
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Whenever an interim action is taken, a proceeding to resolve alleged violations of the Code shall be
30
convened at the earliest possible time. The interim actions may remain in effect until a final decision
31
has been reached, including any appropriate appeals process, at the discretion of the VPSA or
32
her/his designee and/or the Assistant Vice President/Dean of Students or her/his designee.
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V. Violations of the Law
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The student conduct process is responsible for reviewing alleged violations of the Code, and is not
37
responsible for the determination of public law violations. These processes are distinctly different from
38
one another. Nevertheless, allegations of Code violations from an incident may also be reviewed by
39
external legal authorities. The formal rules of due process, procedure, and/or technical rules of evidence
40
that are applied in criminal or civil courts do not apply to the student conduct process.
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VI. University Regulations
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Standards for student behavior are articulated through University regulations. Three categories of
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regulations reflect expectations as they relate to institutional values, a commitment to social justice, and
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personal responsibility.
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A. University Values and Expectations
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The University expects all students to act in a manner that demonstrates personal integrity, ethical
3
behavior, and respect for the truth in the conduct of their affairs. Behavior that violates the Code
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includes, but is not limited to the following regulations.
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1. Academic Dishonesty
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Students are expected to be honest in all academic work. A student’s attachment of his or her name
9
on any academic exercise shall be regarded as assurance that the work is the result of the student’s
10
own thought, effort, and study.
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Violations include such behavior as:
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a) Possessing or utilizing any means of assistance (books, notes, papers, articles, third parties, etc.)
15
to complete any assignment, quiz, or examination unless specifically authorized by the
16
instructor. Students are prohibited from conversation or other communication in examinations
17
except as authorized by the instructor.
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b) Acting with the intent to deceive the person in charge, such as falsifying data or sources,
19
providing false information, etc.
20
c) Plagiarizing. For the purpose of this policy, plagiarism is the unacknowledged appropriation of
21
another’s work, words, or ideas in any themes, outlines, papers, reports, speeches, computer
22
programs, artwork, musical scores, performance, or other academic work, regardless of intent.
23
This includes all forms of intellectual property that can be copyrighted, patented, or
24
trademarked, whether published or unpublished. Students must ascertain from the instructor in
25
each course the appropriate means of documentation and/or attribution.
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d) Submitting the same paper for more than one University course or academic requirement
27
without the prior approval of the instructors. A student may only submit an assignment once
28
during their affiliation with the University unless provided explicit permission of the instructors.
29
e) Willfully giving or receiving unauthorized or unacknowledged assistance on any assignment. This
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may include the reproduction and/or dissemination of test materials. Both parties to such
31
collusion are considered responsible.
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f) Substituting for another student in any academic assignment.
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g) Being involved in the unauthorized collection, distribution, advertisement, solicitation, or sale of
34
term papers, research papers, or other academic materials completed by a third party.
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In cases of group assignments, unless otherwise indicated by the instructor, all parties to the
37
assignment are responsible for the submission of any final product, and bear responsibility for the
38
integrity of the product. Students participating in group projects may be held responsible for the
39
actions of other group members unless it can be established that a group member was not aware,
40
and reasonably could not have been aware, of any material that violates University expectations.
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Academic integrity expectations apply to all forums used for the collection and dissemination of
43
knowledge, including in the classroom, written and electronic assignments, online participation,
44
field work, and publications.
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For the purpose of this policy, it should be noted that the University holds graduate students to a
47
higher standard given the academic rigor of graduate programs and the fact that students in
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graduate programs are already degreed students. As such, graduate students may face more severe
1
levels of sanctioning for academic misconduct, and may also face repercussions in their academic
2
departments and assistantships.
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2. Disruption
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Students are free to assemble and to express their free speech in a peaceful and orderly manner,
7
provided that doing so does not hinder the normal operations of the University.
8
9
Violations include such behavior as:
10
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a) Disrupting or obstructing teaching, research, administrative, or other University functions,
12
including its public service functions on or off campus, or other authorized non-University
13
activities when these activities take place on University property.
14
b) Leading or inciting others to disrupt scheduled and/or normal non-academic activities
15
associated with the operation of the University.
16
c) Creating an intentional obstruction which unreasonably interferes with freedom of movement,
17
either pedestrian or vehicular.
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d) Disrupting the operation of any Illinois State University information technology resources,
19
computers, networking systems, information and data.
20
e) Tampering with the elections process of any Registered Student Organization.
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3. University Records
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Violations include such behavior as:
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Forging, altering, or misusing any official University record or University-issued instrument of
27
identification.
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4. Academic Records
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Violations include such behavior as:
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Knowingly altering, tearing, marking, rendering imperfect, or otherwise damaging or destroying
34
University owned or University held academic materials.
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5. Acts of Dishonesty
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Violations include such behavior as:
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a) Knowingly providing false or inaccurate information to any University or public official or office,
41
whether in person, through correspondence, via electronic means, or through official forms.
42
b) Forging, altering, or misusing any official document, record, or instrument of identification,
43
regardless of origin.
44
c) Aiding, abetting, influencing, or procuring another person or persons to violate any University
45
regulation or policy.
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d) Engaging in any electronic exploitation of another person, including eavesdropping on,
47
surveillance of, and/or the recording and/or broadcasting non-public actions, in any forum. For
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the purpose of this policy, people have a reasonable expectation of privacy when not in public
1
areas, and the dissemination of visual or audio transmissions of the actions of a person without
2
that person’s consent are prohibited.
3
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6. Failure to Comply
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6
Violations include such behavior as:
7
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a) Failing to comply with the reasonable and lawful requests or directives of University officials
9
and/or law enforcement officers acting in performance of their official duties.
10
b) Interfering with University officials and/or law enforcement officers acting in performance of
11
their official duties. Students are required to show proper identification to University officials
12
and/or law enforcement officers upon request.
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7. Theft
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Violations include such behavior as:
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a) appropriating or attempting to appropriate or possess public or private property without the
19
consent of the owner or person legally responsible.
20
b) obtaining or attempting to obtain any service by devious means.
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c) maintaining possession of public or private property that is stolen.
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8. Unauthorized Possession of Property
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Violations include such behavior as:
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Maintaining possession of public or private property, and/or utilizing goods or services without the
28
consent of the owner or the person legally responsible. Students must take reasonable measures to
29
know that property, goods, or services being transferred to their possession have been obtained
30
legally.
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9. Damage to Property
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Violations include such behavior as:
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a) Taking any action that causes damage or which would reasonably be anticipated to cause
37
damage to public or private property without the consent of the owner or the person legally
38
responsible.
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10. Disorderly Conduct
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Violations include such behavior as:
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Engaging in behavior that is disruptive or indecent, regardless of intent, which is unwanted and
45
breaches the peace of one or more members of the community. Examples of disorderly conduct
46
include but are not limited to: inappropriately disruptive arguments or celebrations, overly loud
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amplified sound, deliberately and publicly exposing one’s intimate body parts, public urination,
1
public defecation, and public sex acts.
2
3
11. Abuse of the Conduct Process
4
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Students are expected to comply fully and honestly with the student conduct process at all times.
6
7
Violations include such behavior as:
8
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a) Failing to attend meetings designated as required in the student conduct process.
10
b) Knowingly providing false, inaccurate, misleading information to any case manager,
11
administrative hearing officer, the University Hearing Panel, or any other University official
12
during any formal or informal meetings or hearings, including investigations.
13
c) Disrupting or interfering with the orderly operation of any student conduct proceeding or
14
investigation.
15
d) Knowingly filing a false or inaccurate statement or accusation against another person.
16
e) Attempting to discourage an individual’s participation in, or use of, the student conduct process.
17
f) Attempting to influence the impartiality of any case manager or any member of the University
18
Hearing Panel during the student conduct process.
19
g) Intimidating or harassing any member of the student conduct process prior to, during, and/or
20
following any student conduct proceeding.
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h) Failing to comply with sanctions and/or interim actions imposed under the Code. (Alleged
22
violations of this aspect of the policy are processed under Section VIII, F).
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12. Other University Rules and Regulations
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Students are expected to comply with other University policies, rules, and regulations not
27
specifically detailed in the Code. Such policies include but are not limited to: the University Anti-
28
Harassment and Non-Discrimination Policy, posting policies, smoking policy, rules relating to the
29
payment of financial obligations, policies regarding University trademarks and copyrights, and rules
30
regarding the appropriate use of technology. For more information on other University rules and
31
regulations, visit http://policy.illinoisstate.edu/.
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B. Social Justice Values and Expectations
34
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The University expects students to recognize that respecting the dignity of every person is essential
36
for creating and sustaining a flourishing academic community. Students should understand and
37
appreciate how their decisions and actions affect others, and strive to be just and equitable in their
38
treatment of all members of the community. Behavior that violates the Code includes, but is not
39
limited to the following regulations.
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1. General Safety
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43
Violations include such behavior as:
44
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a) Setting fire to any public or private property.
46
b) Creating a fire hazard or be in possession of flammable or hazardous substances.
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c) Falsely reporting a fire, bomb, or other emergency by activating an alarm or by any other
1
means.
2
d) Engaging in unauthorized possession, use, or alteration of any University-owned emergency or
3
safety equipment.
4
e) Failing to evacuate a building or other structure during an emergency, or during emergency
5
drills.
6
f) Taking or threatening any action that creates a substantial health or safety risk or reasonable
7
fear of such health or safety risk. (Alleged violations of this aspect of the policy may be
8
processed under Section VIII, G3, at the discretion of the Assistant Vice President/Dean of
9
Students or her/his designee).
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11
2. Unauthorized Entry
12
13
Violations include such behavior as:
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15
Misusing access privileges to University, public, or private premises or unauthorized entry to or use
16
of buildings, including trespassing, propping, or unauthorized use of alarmed doors for entry into or
17
exit from a facility or space.
18
19
3. Dangerous Objects
20
21
Dangerous Objects include but are not limited to:
22
23
a) Firearm, Handgun, Firearm ammunition, BB gun, pellet gun, paintball gun (except with prior
24
written approval from the Chief of Police), tear gas gun, stun, taser, or other dangerous or deadly
25
device of similar type;
26
b) Knife with a blade of at least 3 inches in length (except an ordinary eating utensil), dagger, dirk,
27
switchblade knife, stiletto, ax, hatchet, or other deadly or dangerous weapon or instrument of
28
similar type;
29
c) Bludgeon, blackjack, slingshot, sandbag, sand club, metal knuckles, billy club, throwing star,
30
nunchaku, or other dangerous or deadly weapon of similar type;
31
d) Bomb, bombshell, grenade, firework, bottle, or other container containing an explosive, toxic, or
32
noxious substance, unless under academic/classroom supervision, (other than an object containing
33
a nonlethal noxious liquid, gas, or substance designed solely for personal defense possessed by a
34
person 18 years of age or older);
35
e) Souvenir weapon or other weapon that has been rendered permanently inoperative; and any
36
weapons outlined in the Illinois Compiled Statutes on Armed Violence (720 ILCA 5/33A-1, et seq.)
37
38
Violations include such behavior as:
39
40
a) Possessing, storing, carrying, or unlawfully using any weapon or firearm on University property
41
or in any vehicle owned, leased or controlled by the University, even if that person has a valid
42
federal or state license to possess or carry a firearm unless a valid exception applies.
43
b) Displaying, brandishing, discharging, or otherwise using any and all weapons or firearms,
44
including concealed weapons or firearms.
45
c) Utilizing any instrument to simulate a weapon in a manner that endangers or tends to endanger
46
any person.
47
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Exceptions to this policy are outlined in Policy 5.1.1 found at http://policy.illinoisstate.edu/health-
1
safety/general/5.1.1Concealed%20Carry.shtml.
2
3
4. Threatening and Intimidation
4
5
Violations include such behavior as:
6
7
a) Threatening to subject another person to physical harm or unwanted physical contact that
8
causes a reasonable fear of injury to the health or safety of any person or damage to any
9
property.
10
b) Engaging in any action which is unwanted and results in a reasonable fear for imminent bodily
11
harm and/or the emotional/mental disruption of a person’s daily life or educational
12
environment.
13
c) Engaging in any acts of intimidation that unreasonably impairs the security or privacy of another
14
person.
15
d) Following another person in or about a public place or places such that it creates a reasonable
16
fear for a person’s health or safety.
17
18
For the purpose of this policy, such behavior can be considered threatening and/or intimidating
19
whether this behavior takes place in person, through third parties, or by any remote means,
20
including electronic and online communication.
21
22
5. Physical Misconduct
23
24
Violations include such behavior as:
25
26
a) Intentionally or recklessly causing physical harm, or attempting to cause harm, to another
27
person or persons.
28
b) Intentionally or recklessly endangering the health or safety of any persons by creating a
29
situation where such harm is foreseeable and/or likely.
30
31
6. Sexual Misconduct
32
33
Violations include such behavior as:
34
35
Engaging in any act that is sexual in nature and which is committed without the full and informed
36
consent of all persons involved. Examples of sexual behaviors include, but are not limited to: any
37
penetration of the mouth, vagina, or anus with any body part or other object; contact with a
38
person’s breasts, buttocks, groin, or genitals; touching another person with one’s own breasts,
39
buttocks, groin, or genitals; any other intentional bodily contact of a sexual nature, or; exposing
40
one’s intimate body parts to another person or persons.
41
42
For the purpose of this policy, informed consent must be freely and actively given through mutually
43
understandable terms or actions. Attending an artistic or educational event or a class in which
44
nudity occurs and for which advanced notice of nudity has been provided qualifies as informed
45
consent. A person is deemed incapable of giving consent when that person is a minor, mentally
46
disabled, mentally incapacitated, physically helpless, incapacitated through the use of alcohol
47
and/or drugs to the point of being unable to make an informed and rational decision, unconscious,
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or asleep. Informed consent cannot be obtained through physical force, compelling threats,
1
intimidating behavior, or coercion. A person always retains the right to revoke consent at any time
2
during a sexual act. (Alleged violations of this aspect of the policy are processed under Section VIII,
3
E).
4
5
7. Sexual Exploitation
6
7
Violations include such behavior as:
8
9
Engaging in any action that results in one or more persons taking nonconsensual or abusive sexual
10
advantage of another person or persons. Examples of such behavior include, but are not limited to:
11
invasion of sexual privacy; recording or broadcasting sexual activity, including redistribution of
12
pictures, video, or audio; engaging in voyeurism; facilitating or allowing voyeurism without the
13
consent of all parties; knowingly exposing another to a sexually transmitted disease; inducing
14
another person or persons to commit an inappropriate sexual act, or; inducing incapacitation in
15
another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual
16
conduct actually occurs. (Alleged violations of this aspect of the policy are processed under Section
17
VIII, E).
18
19
8. Hazing
20
21
Violations include such behavior as:
22
23
a) Engaging in any act that endangers the mental, emotional, or physical health or safety of a
24
student for the purpose of initiation into, affiliation with, or continued membership in any
25
group, organization, or team whose members are or include students of Illinois State University.
26
b) Engaging in any act where an individual is encouraged to engage in conduct of an unbecoming
27
or humiliating nature, or which in any way detracts from an individual’s academic pursuits for
28
the purpose of initiation into, affiliation with, or continued membership in any group,
29
organization, or team whose members are or include students of Illinois State University.
30
c) Engaging in any acts such as paddling (using a paddle to strike another individual), physical
31
punishments, creating excessive fatigue, work sessions, physical or emotional shock, wearing
32
apparel which is conspicuous and not in good taste, public stunts, morally degrading or
33
humiliating games or events, of that encourage the illegal and/or abusive use of alcohol and/or
34
other drugs.
35
d) Failing to prevent, and/or failing to discourage, and/or failing to report known acts of hazing as a
36
member of an organization participating in such activities when these activities are known to be
37
taking place, or where it should be reasonably known that such activities are taking place.
38
39
For the purpose of this policy, hazing includes any activity that is inconsistent with regulations or
40
policies of Illinois State University or the laws of the State of Illinois for the purpose of initiation into,
41
affiliation with, or continued membership in any group, organization, or team whose members are
42
or include students of Illinois State University. Acts of this nature are considered to be hazing
43
whether or not a person willingly participates in such activities.
44
45
C. Personal Responsibility Values and Expectations
46
47
Illinois State University Code of Student Conduct Final Approved Document
13
Students are given and accept a high level of responsibility to self, to others, and to the community.
1
The University expects students to take this responsibility seriously, and to conduct themselves in a
2
manner that demonstrates preparedness to abide by the expectations of both society and the
3
academic community. Behavior that violates the Code includes, but is not limited to the following
4
regulations.
5
6
1. Alcohol
7
8
Violations include such behavior as:
9
10
a) Possessing, purchasing, distributing, manufacturing, or consuming any alcoholic beverage unless
11
that student is at least twenty-one years of age. Students of legal age may possess or consume
12
alcoholic beverages only in specified areas and only in compliance with all other University
13
regulations and guidelines related to alcohol consumption.
14
b) Selling alcohol. Students may not sell alcohol at any time without possessing an appropriate
15
license.
16
c) Providing alcohol to minors. No student may provide alcohol to another person who is under the
17
age of twenty-one.
18
d) Public intoxication and/or abusive consumption of alcohol, defined as that which results in
19
violations of the rights of others, leads to disorderly or dangerous behavior, or that impairs
20
personal health or safety.
21
e) Open container, defined as a bottle, can or other receptacle that contains any amount of
22
alcohol, and that is open or has a broken seal, or the contents of which are partially removed.
23
f) Operating motor vehicles under the influence of alcohol and/or other illegal drugs.
24
25
For the purpose of this policy, registered student organizations must also abide by procedures for
26
the use of alcohol established by the Dean of Students Office.
27
28
2. Drugs
29
30
Violations include such behavior as:
31
32
a) Possessing, purchasing, distributing, manufacturing, selling, or using any illegal or controlled
33
substance in crude or refined form is prohibited on any University property. It is not a violation
34
of this policy to be using a controlled substance if under the direction of a licensed physician and
35
not in violation of state law.
36
b) Abusing, misusing, selling, or distributing prescription or over the counter medications.
37
c) Operating motor vehicles under the influence of alcohol and/or other illegal drugs.
38
39
3. Drug Paraphernalia
40
41
Violations include such behavior as:
42
43
Possessing any items that are designed for the use of illegal drugs (blunts, bowls, one-hitters, bongs,
44
etc.). Any items that are adapted for the purpose of facilitating or disguising illegal drug or
45
controlled substance use (vaporizers, blow tubes, etc.) will also be considered a violation of this
46
policy.
47
48
Illinois State University Code of Student Conduct Final Approved Document
14
4. Residence Hall Regulations
1
2
Violations include such behavior as:
3
4
Taking any action that violates a regulation established within the housing contract, or any
5
supplemental rules communicated by University Housing Services staff.
6
7
5. Gambling
8
9
Violations include such behavior as:
10
11
Wagering on games of chance or skill, outcomes of games, contests or other public events for
12
money or another thing of value. Raffles, charitable games, pull tabs and jar games are permissible
13
only in compliance with State of Illinois law and local ordinance.
14
15
6. Guests
16
17
Students are responsible for the behavior of their non-student guests on campus and at University
18
events, in that they are expected to make guests aware of behavioral expectations, to take
19
reasonable preventive measures to avoid guest violations of the Code, and to take immediate action
20
to end violations of the Code when they do take place.
21
22
Violations include such behavior as:
23
24
a) Code violations by guests who were not properly informed of University regulations by the
25
student host.
26
b) Code violations by guests who were encouraged to commit violations by the student host.
27
c) Code violations by guests who were undeterred by the student host when the violations were
28
discovered.
29
30
VII. Rights and Responsibilities
31
32
A. Responding Student Rights and Responsibilities in the Student Conduct Process
33
34
Students responding to allegations have the right to be heard and to be treated fairly throughout
35
the student conduct process. Students also bear the responsibility for participating in the student
36
conduct process in a manner that demonstrates respect for the student conduct process and all
37
people participating in that process. The following rights and responsibilities have been established
38
to reflect the mutual responsibility that exists between the student and the student conduct
39
process.
40
41
Student respondents are entitled to the following rights in the student conduct process:
42
43
1. A student has the right to be treated with respect and dignity by all representatives of the
44
student conduct process.
45
2. A student has the right upon request to information pertaining to counseling assistance
46
available to her/him.
47
Illinois State University Code of Student Conduct Final Approved Document
15
3. A student has the right to a hearing by an unbiased administrative hearing officer or University
1
Hearing Panel.
2
4. A student has the right to have an advisor present at all meetings or hearings in the student
3
conduct process. The advisor’s role is non-participatory, limited only to advising the student,
4
and the advisor may not actively participate in the proceedings, nor serve as a witness.
5
5. A list of conduct consultants (students, faculty and staff who have volunteered and received
6
basic training in the student conduct process) is provided by SCCR as an optional resource to
7
offer assistance in the student conduct process.
8
6. A student has the right to written notice of any student conduct charges under review. This
9
notice shall indicate the time and place of any student conduct meeting or hearing. Proper
10
written notification shall be defined as delivery of email to a student’s University account (ilstu).
11
When not enrolled, individuals shall be notified via their permanent mailing address provided to
12
the University unless an alternative electronic or physical address is provided in writing.
13
7. A student has the right to receive a written copy of the incident report(s) stating the
14
circumstances and allegations involved. This information shall generally be provided to the
15
student when she/he is notified of the charges.
16
8. A student has the right not to present information against her/himself.
17
9. A student has the right to hear and respond to all information presented against her/him. This
18
includes the right to questions all involved parties through an administrative hearing officer or
19
the University Hearing Panel.
20
10. A student has the right to present information and/or witnesses on her/his behalf. Only
21
witnesses able to speak to the substance of an allegation may be called. The number of
22
witnesses who may be called may be subject to the discretion of the administrative hearing
23
officer or the University Hearing Panel.
24
11. A student has the right to written notification of the outcome of a hearing no later than five
25
University business days after the hearing. This may be delayed if an administrative hearing
26
officer or University Hearing Panel needs additional time to review the information provided at
27
the hearing. Notifications of any delay will be sent to a student by email.
28
12. A student has the right to request to participate in the student conduct process via electronic
29
means (email, telephone, video conference, etc.). Requests for this accommodation must be
30
submitted to SCCR at least 48 hours prior to a scheduled proceeding. The student is responsible
31
for providing appropriate contact information to SCCR as a part of the request. Determinations
32
regarding these requests will be made by the coordinator of the student conduct case and
33
communicated to the student in advance of any meeting or hearing.
34
13. A student has the right to appeal any student conduct outcome and shall be informed of this
35
right, as well as the process for doing so. A student has the right to appeal voluntary resolutions
36
from a SCCR case management conference (Section VIII, B) that involve disciplinary suspension
37
or disciplinary dismissal as a sanction.
38
39
Student respondents are expected to adhere to the following responsibilities in the student conduct
40
process:
41
42
1. A student has the responsibility to take the student conduct process seriously, to act in good
43
faith, and to treat everyone involved in the process with respect and dignity.
44
2. A student has the responsibility to educate her/himself on the Code and its expectations.
45
3. A student giving testimony or evidence is expected to tell the full and complete truth
46
throughout the student conduct process.
47
Illinois State University Code of Student Conduct Final Approved Document
16
4. A student has the responsibility to represent her/himself at all meetings or hearings in the
1
student conduct process. Students will not take direction from advisors during the course of a
2
proceeding, nor will advisors be permitted to script student responses and/or questions during a
3
meeting or hearing.
4
5. A student is responsible for insuring that her/his advisors attend meetings and hearings,
5
understanding that meetings and hearings may only be rescheduled to accommodate advisors
6
at the discretion of the Assistant Vice President/Dean of Students or her/his designee.
7
6. A student has the option to meet with the SCCR conduct consultant in advance of meetings or
8
hearings if the student is choosing to take advantage of this service.
9
7. A student is responsible for regularly checking her/his University email account (ilstu) and is
10
responsible for the contents of any notices sent to her/his account, whether or not the student
11
chooses to open them. When not enrolled, the student has the responsibility to provide the
12
University with an accurate permanent mailing address.
13
8. A student has the responsibility to participate in student conduct proceedings at the time they
14
are originally convened. Students are not obligated to provide information against themselves in
15
student conduct proceedings, but may not later utilize this as a basis for appeal on the grounds
16
of new information.
17
9. A student has the responsibility to abide by all interim actions, if any are in place, and to abide
18
by the conditions and sanctions of any final decision reached.
19
10. A student in an administrative hearing or appearing before the University Hearing Panel has the
20
responsibility to present only those witnesses that can speak to the substance of the allegations
21
made. Character witnesses may submit written statements for inclusion at the hearing, but may
22
not be called as a witness.
23
11. A student has the responsibility to keep confidential all information pertaining to the student
24
conduct process.
25
26
B. Complainant Rights and Responsibilities in the Student Conduct Process
27
28
Complainants have the right to bring forward allegations of misconduct against students and to have
29
those allegations taken seriously. Complainants also bear the responsibility for participating in the
30
student conduct process in a manner that demonstrates respect for the student conduct process
31
and all people participating in that process. The following rights and responsibilities have been
32
established to reflect the mutual responsibility that exists between the complainant and the student
33
conduct process.
34
35
Complainants are entitled to the following rights in the student conduct process:
36
37
1. A complainant has the right to be treated with respect and dignity by all representatives of the
38
student conduct process.
39
2. A complainant has the right to a review of their complaint by an unbiased conduct staff member
40
and/or hearing body.
41
3. A complainant has the right to have an advisor present at all meetings or hearings in the student
42
conduct process. The advisor’s role is non-participatory, limited only to advising the
43
complainant, and the advisor may not actively participate in the proceedings, nor serve as a
44
witness.
45
4. A list of conduct consultants (students, faculty and staff who have volunteered and received
46
basic training in the student conduct process) is provided by SCCR as an optional resource to
47
offer assistance in the student conduct process.
48
Illinois State University Code of Student Conduct Final Approved Document
17
5. A complainant has the right to appear at any formal hearing to resolve the substance of the
1
complaint. The time and location of any hearing will be provided to the complainant in writing
2
(email). If the complainant does not maintain an active ilstu email account, the complainant is
3
responsible for providing the University (via SCCR) an active email and/or mailing address.
4
6. A complainant has the right to present information and/or witnesses in support of the
5
complaint. Only witnesses able to speak to the substance of an allegation may be called. The
6
number of witnesses who may be called may be subject to the discretion of the administrative
7
hearing officer or the University Hearing Panel.
8
7. A complainant has the right to written notification of the outcome of a hearing as it pertains
9
specifically to the complainant no later than five University business days after the hearing. This
10
may be delayed if an administrative hearing officer of University Hearing Panel needs additional
11
time to review the information provided at the hearing. Notifications of any delay will be sent to
12
a complainant by email.
13
8. A complainant has the right to request to participate in the student conduct process via
14
electronic means (email, telephone, video conference, etc.). Requests for this accommodation
15
must be submitted to SCCR at least 48 hours prior to a scheduled proceeding. The complainant
16
is responsible for providing appropriate contact information to SCCR as a part of the request.
17
Determinations regarding these requests will be made by the coordinator of the student
18
conduct case and communicated to the complainant in advance of any meeting or hearing.
19
9. A complainant has the right to know the outcome of any appropriate appeals process as it
20
applies to the respondent.
21
22
Complainants are expected to adhere to the following responsibilities in the student conduct
23
process:
24
25
1. A complainant has the responsibility to take the student conduct process seriously, to act in
26
good faith, and to treat everyone involved in the process with respect and dignity.
27
2. A complainant has the responsibility to educate her/himself on the Code and its expectations.
28
3. A complainant giving testimony or evidence is expected to tell the full and complete truth
29
throughout the student conduct process.
30
4. A complainant has the responsibility to represent her/himself at all meetings or hearings in the
31
student conduct process. Complainants will not take direction from advisors during the course
32
of a proceeding, nor will advisors be permitted to script complainant responses and/or
33
questions during a meeting or hearing.
34
5. A complainant is responsible for insuring that her/his advisors attend meetings and hearings,
35
understanding that meetings and hearings may only be rescheduled to accommodate advisors
36
at the discretion of the Assistant Vice President/Dean of Students or her/his designee.
37
6. A complainant is responsible for regularly checking her/his University email account (ilstu) and is
38
responsible for the contents of any notices sent to her/his account, whether or not the
39
complainant chooses to open them.
40
7. A complainant in an administrative hearing or appearing before the University Hearing Panel has
41
the responsibility to present only those witnesses that can speak to the substance of the
42
allegations that have been made.
43
8. A complainant has the responsibility to keep confidential all information pertaining to the
44
student conduct process.
45
46
C. Aggrieved Party Rights and Responsibilities in the Student Conduct Process
47
48
Illinois State University Code of Student Conduct Final Approved Document
18
Aggrieved parties are those members of the University community who have been identified as
1
someone who has been caused personal harm by the alleged actions of a responding student.
2
Aggrieved party status shall be limited to cases involving physical and sexual misconduct, sexual
3
exploitation, threats and intimidation, relationship violence, hazing, and theft. The Assistant Vice
4
President/Dean of Students or her/his designee shall determine when the status of aggrieved party
5
shall apply. Once a member of the University community is given a designation of aggrieved party
6
status, a SCCR professional staff member shall invite the aggrieved party to a meeting to review
7
rights and responsibilities provided under the Code. Invitations shall be issued within three
8
University business days of the Dean’s (or designee’s) decision. In cases involving investigation by
9
the Office for Equal Opportunity, Ethics, and Access (OEOEA), the Director of OEOEA or her/his
10
designee may also assign aggrieved party status.
11
12
Aggrieved parties have the right to bring forward allegations of misconduct against students and to
13
have those allegations taken seriously. Aggrieved parties also bear the responsibility for
14
participating in the student conduct process in a manner that demonstrates respect for the student
15
conduct process and all people participating in that process. The following rights and
16
responsibilities have been established to reflect the mutual responsibility that exists between the
17
aggrieved party and the student conduct process.
18
19
Aggrieved parties are entitled to the following rights in the student conduct process:
20
21
1. An aggrieved party has the right to be treated with respect and dignity by all representatives of
22
the student conduct process.
23
2. An aggrieved party has the right upon request to information pertaining to counseling assistance
24
available to her/him.
25
3. An aggrieved party has the right to a hearing by an unbiased administrative hearing officer or
26
University Hearing Panel.
27
4. An aggrieved party has the right to have an advisor present at all meetings or hearings in the
28
student conduct process. The advisor’s role is non-participatory, limited only to advising the
29
aggrieved party, and the advisor may not actively participate in the proceedings, nor serve as a
30
witness.
31
5. A list of conduct consultants (students, faculty and staff who have volunteered and received
32
basic training in the student conduct process) is provided by SCCR as an optional resource to
33
offer assistance in the student conduct process.
34
6. An aggrieved party has the right to protections provided to responding students, including the
35
right to written notification of a hearing, the right to hear all information presented to the
36
administrative hearing officer or UHP, the right to present information and witnesses, the right
37
to written notification of the results of a hearing, and the right to appeal the outcome of a
38
hearing. Only witnesses able to speak to the substance of an allegation may be called. The
39
number of witnesses who may be called may be subject to the discretion of the administrative
40
hearing officer or the University Hearing Panel.
41
7. An aggrieved party has the right to request to participate in the student conduct process via
42
electronic means (email, telephone, video conference, etc.). Requests for this accommodation
43
must be submitted to SCCR at least 48 hours prior to a scheduled proceeding. The aggrieved
44
party is responsible for providing appropriate contact information to SCCR as a part of the
45
request. Determinations regarding these requests will be made by the coordinator of the
46
student conduct case and communicated to the aggrieved party in advance of any meeting or
47
hearing.
48
Illinois State University Code of Student Conduct Final Approved Document
19
8. An aggrieved party has the right to have any unrelated past behavior excluded from the student
1
conduct process. The administrative hearing officer or UHP shall determine what constitutes
2
unrelated behavior.
3
9. An aggrieved party has the right to deliver or submit a written impact statement to the case
4
manager, administrative hearing officer or UHP that will be considered only in sanctioning,
5
should there be a finding of violation against a responding student. The impact statement may
6
be filed at any time in the student conduct process prior to the conclusion of a formal hearing.
7
10. An aggrieved party has the right to expect to be free from intimidation and harassment
8
throughout the conduct process.
9
11. An aggrieved party has the right, upon request, to have reasonable steps taken by SCCR or other
10
University agencies to prevent any unnecessary or unwanted contact with the responding
11
student(s).
12
13
Aggrieved parties are expected to adhere to the following responsibilities in the student conduct
14
process:
15
16
1. An aggrieved party has the responsibility to take the student conduct process seriously, to act in
17
good faith, and to treat everyone involved in the process with respect and dignity.
18
2. An aggrieved party has the responsibility to educate her/himself on the Code and its
19
expectations.
20
3. An aggrieved party giving testimony or evidence is expected to tell the full and complete truth
21
throughout the student conduct process.
22
4. An aggrieved party has the responsibility to represent her/himself at all meetings or hearings in
23
the student conduct process. Aggrieved parties will not take direction from advisors during the
24
course of a proceeding, nor will advisors be permitted to script aggrieved party responses
25
and/or questions during a meeting or hearing.
26
5. An aggrieved party is responsible for insuring that her/his advisors attend meetings and
27
hearings, understanding that meetings and hearings may only be rescheduled to accommodate
28
advisors at the discretion of the Assistant Vice President/Dean of Students or her/his designee.
29
6. An aggrieved party is responsible for regularly checking her/his University email account (ilstu)
30
and is responsible for the contents of any notices sent to her/his account, whether or not the
31
aggrieved party chooses to open them.
32
7. An aggrieved party in an administrative hearing or appearing before the University Hearing
33
Panel has the responsibility to present only those witnesses that can speak to the substance of
34
the allegations that have been made.
35
8. An aggrieved party has the responsibility to keep confidential all information pertaining to the
36
student conduct process.
37
38
39
D. Student Organization Rights and Responsibilities in the Student Conduct Process
40
41
Registered student organizations have the right to be heard and to be treated fairly throughout the
42
student conduct process. Student organizations also bear the responsibility for participating in the
43
student conduct process in a manner that demonstrates respect for the student conduct process
44
and all people participating in that process. The following rights and responsibilities have been
45
established to reflect the mutual responsibility that exists between the student organization and the
46
student conduct process.
47
48
Illinois State University Code of Student Conduct Final Approved Document
20
Student organizations are entitled to the following rights in the student conduct process:
1
2
1. A student organization has the right to be treated with respect and dignity by all representatives
3
of the student conduct process.
4
2. A student organization has the right to a hearing by an unbiased administrative hearing officer
5
or University Hearing Panel.
6
3. A student organization may be represented by up to three student members of the organization
7
during the student conduct process. The Assistant Vice President/Dean of Students or designee
8
may allow additional representatives during any investigations processes.
9
4. A student organization has the right to have up to two advisors present at all meetings or
10
hearings in the student conduct process. The advisor’s role is non-participatory, limited only to
11
advising the student members, and the advisor may not actively participate in the proceedings,
12
nor serve as a witness.
13
5. A list of conduct consultants (students, faculty and staff who have volunteered and received
14
basic training in the student conduct process) is provided by SCCR as an optional resource to
15
offer assistance in the student conduct process.
16
6. A student organization has the right to written notice of any student organization conduct
17
charges filed against it. This notice shall indicate the time and place of any conduct meeting or
18
hearing. Proper written notification shall be defined as delivery of email to the President (or
19
other recognized student leader or the organization’s) University account (ilstu).
20
7. A student organization has the right to receive a written copy of the incident report(s) stating
21
the circumstances and allegations involved. This information shall generally be provided to the
22
organization’s President when she/he is notified of the charges.
23
8. A student organization has the right to hear and respond to all information presented against it.
24
This includes the right to questions all involved parties through an administrative hearing officer
25
or the University Hearing Panel.
26
9. A student organization has the right to present information and/or witnesses on its behalf. Only
27
witnesses able to speak to the substance of an allegation may be called. The number of
28
witnesses who may be called may be subject to the discretion of the administrative hearing
29
officer or the University Hearing Panel.
30
10. A student organization has the right to request to participate in the student conduct process via
31
electronic means (email, telephone, video conference, etc.). Requests for this accommodation
32
must be submitted to SCCR at least 48 hours prior to a scheduled proceeding. The aggrieved
33
party is responsible for providing appropriate contact information to SCCR as a part of the
34
request. Determinations regarding these requests will be made by the Coordinator and
35
communicated to the aggrieved party in advance of any meeting or hearing.
36
11. A student organization has the right to written notification of the outcome of a hearing no later
37
than five University business days after the hearing. This may be delayed if an administrative
38
hearing officer of University Hearing Panel needs additional time to review the information
39
provided at the hearing. Notifications of any delay will be sent to the organization’s President by
40
email.
41
12. A student organization has the right to appeal any student conduct outcome and shall be
42
informed of this right, as well as the process for doing so. A student organization has the right to
43
appeal voluntary resolutions from a SCCR case management conference (Section VIII, B3) that
44
involves disciplinary suspension or disciplinary dismissal as a sanction.
45
46
47
Illinois State University Code of Student Conduct Final Approved Document
21
Student organizations are expected to adhere to the following responsibilities in the student
1
conduct process:
2
3
1. The members of a student organization have the responsibility to take the student conduct
4
process seriously, to act in good faith, and to treat everyone involved in the process with respect
5
and dignity.
6
2. The members of a student organization have the responsibility to educate themselves on the
7
Code and its expectations.
8
3. The members of a student organization giving testimony or evidence are expected to tell the full
9
and complete truth throughout the student conduct process.
10
4. The members of a student organization have the responsibility to represent themselves at all
11
meetings or hearings in the student conduct process. Students will not take direction from
12
advisors during the course of a proceeding, nor will advisors be permitted to script student
13
responses and/or questions during a meeting or hearing.
14
5. Members of a student organization are responsible for insuring that their advisors attend
15
meetings and hearings, understanding that meetings and hearings may only be rescheduled to
16
accommodate advisors at the discretion of the Assistant Vice President/Dean of Students or
17
her/his designee.
18
6. Members of a student organization have the responsibility to meet with the SCCR student
19
advisor in advance of meetings or hearings if choosing to take advantage of this service.
20
7. Members of a student organization are responsible for regularly checking their University email
21
accounts (ilstu) and are responsible for the contents of any notices sent to their accounts,
22
whether or not the student chooses to open them.
23
8. Members of a student organization have the responsibility to participate in student conduct
24
proceedings at the time they are originally convened. Students are not obligated to provide
25
information against themselves in student conduct proceedings, but may not utilize this is a
26
later basis appeal on the grounds of new information.
27
9. Members of a student organization have the responsibility to abide by all interim actions, if any
28
are in place, and to abide by the conditions and sanctions of any final decision reached.
29
10. Members of a student organization in an administrative hearing or appearing before the
30
University Hearing Panel has the responsibility to present only those witnesses that can speak to
31
the substance of the allegations that have been made. Character witnesses may submit written
32
statements for inclusion at the hearing, but may not be called as a witness.
33
34
VIII. Forums of Resolution
35
36
This section provides a general overview of how the student conduct process operates for cases
37
involving allegations of student misconduct (adjudicatory processes), for cases involving no allegations
38
of student misconduct (non-adjudicatory processes), and for cases involving allegations of student
39
misconduct where additional factors provide a possibility of a combination of adjudicatory (formal) and
40
non-adjudicatory (informal) processes. In some cases, a deferral of adjudicatory processes may be
41
granted pending a successful non-adjudicatory outcome. While the University endeavors to operate
42
with consistency in its management of student conduct matters, these procedures are flexible, given
43
that not all situations are of the same severity or complexity. The Coordinator of SCCR, operating in
44
consultation with the Assistant Vice President/Dean of Students or her/his designee, will have the final
45
authority over the processing of each student conduct case.
46
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Illinois State University Code of Student Conduct Final Approved Document
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What follows is a description of the formal and informal methods of resolving student conduct cases
1
with SCCR.
2
3
A. Formal Resolutions
4
5
Step One: Receipt of Incident
6
7
The student conduct process is initiated with the reporting of an incident to Student Conduct and
8
Conflict Resolution. A case manager shall be assigned to review the information available to determine if
9
SCCR will pursue a formal or informal means for resolving the case.
10
11
Step Two: Notification
12
13
If the case manager determines that the case should be resolved through the formal conduct process,
14
the student will be notified by email to attend a case management conference with the case manager.
15
The initial email will include a copy of the incident report. Students shall be provided two University
16
business days notice of a case management conference, and are provided the option of meeting with a
17
conduct consultant at any point during the conduct process.
18
19
Step Three: Case Management Conference
20
21
The case manager and the student meet to review the incident report and determine the University
22
regulations that may have been violated, as well as any sanctions that would be imposed as a result of
23
the behavior. The case management conference is also used to identify affected parties of the behavior.
24
In cases where a party has been granted aggrieved party rights, the aggrieved party will be provided
25
with the option to meet with the case manager prior to the respondent’s case management conference.
26
27
The following outcomes may result from a case management conference:
28
29
a) The student and case manager may agree on the University violations for which the student is
30
responsible and the sanctions to be imposed. In this case, a decision letter is generated within
31
five University business days and the case is resolved. There is no right to appeal, unless the
32
student has agreed to a disciplinary suspension or disciplinary dismissal, in which case the
33
student maintains limited appeal rights (see Section VIII, H). In cases where multiple students
34
face possible violations, no agreement is considered final until all involved students have
35
attended case management conferences and reached decisions about their cases.
36
b) In cases where there the student acknowledges University violations and where the student and
37
the complainant or aggrieved party have expressed a desire to jointly bring resolution to the
38
incident, the case will be referred to a restorative conference (see Section VIII, D). Any inactive
39
sanctions will be imposed by the case manager, but the active sanctions will be determined as
40
an outcome of the restorative conference. See Section IX for more information on sanctions.
41
c) The student and case manager may not agree on the University violations and/or sanctions to
42
be imposed. The case will then be forwarded to a formal hearing.
43
d) If a student fails to attend a required case management conference, the case manager may
44
make a decision on the information provided, and may add an additional charge of University
45
Regulation Section VI,A, 11, Abuse of the Conduct Process. A student failing to appear at a case
46
management conference retains the right of appeal, as outlined in Section VIII, H.
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Illinois State University Code of Student Conduct Final Approved Document
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e) If a student fails to attend a required case management conference and the case manager
1
believes that the case may result in disciplinary suspension or disciplinary dismissal, the case
2
may be referred to a formal hearing.
3
f) In cases where a resolution can be reached between the student and the case manager, and
4
there is an identified aggrieved party, the case manager will consult with the aggrieved party to
5
review the proposed outcome. If the outcome is satisfactory to all involved parties, a decision
6
letter will be generated and the case will be resolved. If the aggrieved party does not support
7
the proposed outcome, the case will be referred to a formal hearing.
8
9
Step Four: Formal Hearing
10
11
In cases where a resolution cannot be achieved in a case management conference, the case will be
12
forwarded to a formal hearing. The hearing will consist of either a single administrative hearing officer
13
(see Section VIII, E) or the University Hearing Panel (see Section VIII, F). Students shall be provided five
14
University business days notice of a formal hearing, except in cases involving an interim suspension,
15
where students will be provided three University business days notice.
16
17
Unless otherwise prescribed in this Code, the Case Manager shall determine the formal hearing body to
18
hear a case. A priority of scheduling formal hearings shall be minimizing the waiting period.
19
20
At the conclusion of the hearing, the hearing body will deliberate to determine if a violation of the Code
21
occurred and, if so, determine appropriate sanctions. A decision letter will be emailed to the student by
22
no later than five business after the hearing. This may be delayed if an administrative hearing officer or
23
the University Hearing Panel needs additional time to review the information provided at the hearing.
24
Notifications of any delay will be sent to a student by email.
25
26
Step Five: Appeal
27
28
Should a student wish to appeal a decision reached in a hearing, they may do so under Section VIII, H.
29
30
B. Informal Resolutions
31
32
Step One: Receipt of Incident
33
34
The student conduct process is initiated with the reporting of an incident to Student Conduct and
35
Conflict Resolution. A case manager shall be assigned to review the information available to determine if
36
SCCR will pursue a formal or informal means for resolving the case.
37
38
Step Two: Notification
39
40
If the case manager determines that the case should be resolved through the informal conduct process,
41
the student will be notified by email to attend an intake meeting with a student conflict specialist. The
42
initial email will include a copy of the incident report. Students shall be provided two University business
43
days notice of an intake meeting.
44
45
Step Three: Intake Meeting
46
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At the intake meeting, the student and the specialist will review the incident and discuss possible
1
avenues of resolution. Should the student wish for the formal process to be utilized, the case will be
2
referred back to the case manager for formal resolution (see Section VIII, A). The case may also be
3
referred back to formal resolution if the student conflict specialist becomes aware of information that
4
would otherwise make the case inappropriate for informal resolution.
5
6
The following outcomes may result from an intake meeting:
7
8
a) The case may be referred to the formal resolution process, as described above.
9
b) The case may be referred to the case manager for a restorative conference or informal
10
facilitation, pending consultation with other involved parties.
11
c) The case may be referred to the mediation process, pending consultation with other parties.
12
d) The case may be referred to arbitration by an administrative hearing officer, pending
13
consultation with other parties.
14
e) The case may be withdrawn, with the student conflict specialist offering guidance to the student
15
on how to remedy the current situation as well as future conflicts.
16
17
In some cases, formal conduct processes are deferred pending the outcome of informal processes. In
18
such cases, formal student conduct may be waived in the interest of an informal outcome. However, in
19
all cases the case manager retains the right to invoke the formal process at any time prior to final
20
resolution. Informal processes may also be used as a supplement to the formal conduct process at the
21
discretion of the case manager.
22
23
C. Residence Hall Cases
24
25
Residence hall professional staff members shall be empowered to hear minor student conduct cases for
26
incidents of alleged student misconduct that take place in the residence halls. The Assistant Director of
27
University Housing Services for Student Conduct or her/his designee shall be empowered to hear the
28
same types of cases as SCCR staff members, with the same sanctioning authority. All processes for
29
resolving minor disciplinary matters shall reflect the formal process described in Section VIII, A, with the
30
following amendments:
31
32
1. Any agreement reached between a residence hall professional staff member and a student in a
33
case management conference is subject to review and approval by the UHS Assistant Director
34
for Student Conduct. If the Assistant Director approves the finding and sanction, a formal
35
decision will be sent to the student via email. The Assistant Director has five University business
36
days to act upon the recommendation and issue a decision.
37
38
2. If the Assistant Director declines the recommendation of the residence hall professional staff
39
member, or if the student fails to attend the scheduled case management conference, the
40
Assistant Director may:
41
42
a. Notify the student that a case management meeting will be held with the Assistant
43
Director. The case management meeting shall reflect the formal process described in
44
Section VIII, A.
45
b. Render an administrative decision. Students may choose to appeal these decisions
46
under Section VIII, H, 3B.
47
Illinois State University Code of Student Conduct Final Approved Document
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c. Notify the student that the case is being forwarded to SCCR for review. SCCR may then
1
choose to retain jurisdiction over the case, or to return the case to the Assistant Director
2
for review.
3
4
3. Residence hall professional staff members, with the exception of the Assistant Director, shall
5
only hear minor cases involving allegations of violations of University regulations. Residence hall
6
professional staff may not hear cases involving physical misconduct, sexual misconduct, hazing,
7
academic dishonesty, threats and intimidation, repeated alcohol policy or drug policy violations.
8
Any cases that might result in Disciplinary Probation, Restrictive Disciplinary Probation,
9
Disciplinary Suspension, or Disciplinary Dismissal are to be immediately referred to the Assistant
10
Director for review. Residence hall staff will receive guidance from the Assistant Director as to
11
what constitutes a minor conduct case. Cases involving allegations of drug distribution, sexual
12
misconduct, hazing, and academic integrity shall be referred to SCCR. The Assistant Director will
13
consult with the SCCR Coordinator as to what cases must be referred to SCCCR.
14
15
4. Residence hall professional staff may seek the assistance of SCCR to conduct restorative
16
conferences as a means of formal resolution of a residence hall case. In cases where residence
17
hall professional staff, SCCR, and all involved parties agree to a restorative conference, the
18
conference will be conducted as outlined in Section VIII, D (below), with the Assistant Director
19
determining the inactive sanction to be imposed.
20
21
5. Residence hall professional staff may refer cases to SCCR staff for informal resolutions, as well as
22
request informal processes to supplement formal student conduct proceedings. Residence hall
23
professional staff shall consult with the Assistant Director and/or SCCR on a case to case basis
24
when considering informal options.
25
26
D. Restorative Conferences
27
28
In cases where a student’s conduct has resulted in an identifiable harm to a member of the Illinois State
29
University community and/or to the community itself, restorative conferences may be utilized to resolve
30
the conditions of the conflict and to determine active sanctions that will be imposed for violations of
31
University regulations. The following conditions apply to restorative conferences:
32
33
1. A restorative conference is founded on the concept that a student is acknowledging
34
responsibility for violations of the Code. As a result, the finding(s) of violation and the inactive
35
sanction must be resolved as a precondition for the conference.
36
37
2. A restorative conference will seek to bring together those parties who have been harmed,
38
directly or indirectly, with the student acknowledging responsibility.
39
40
3. A restorative conference will be facilitated by a trained staff member, who will allow all parties
41
the opportunity to speak, and who will aid the conference participants in arriving at active
42
sanctions to be imposed for the violations.
43
44
4. Should an agreement be reached, a final decision letter will be sent by the case manager to the
45
student within five University business days. The case is then considered closed, with no right of
46
appeal for any parties involved.
47
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5. If no agreement can be achieved through a restorative conference, the case will be referred
1
back to the case manager for sanctioning. The student acknowledging responsibility and any
2
aggrieved parties would maintain a limited right of appeal on the criteria of disproportionate
3
sanction, as described in Section VIII, H1.
4
5
E. Administrative Hearings
6
7
In some cases where a student is unable to reach a resolution in a case management conference, as well
8
as in all cases involving allegations of sexual misconduct, sexual exploitation, relationship violence, and
9
violations of the University Anti-Harassment and Non-Discrimination Policy, an administrative hearing
10
shall be convened. Parties to the hearing shall be provided five University business days notice of a
11
formal hearing, except in cases involving an interim suspension, where parties will be provided three
12
University business days notice.
13
14
The following rules apply to administrative hearings:
15
16
1. Hearings will be closed to the public.
17
18
2. Admission to the hearing of persons other than the parties involved will be at the discretion of
19
the hearing officer.
20
21
3. In hearings involving more than one responding student, the standard procedure will be to hear
22
the case jointly, providing that other respondents have not previously accepted a finding
23
through a case management conference. The administrative hearing officer may grant separate
24
hearings at her/his discretion if the hearing officer finds sufficient cause to do so.
25
26
4. The primary parties (responding party, complainant, and/or aggrieved party) all have the right to
27
have an advisor of their choosing present at the hearing. The advisor may not participate in the
28
hearing process and may not actively direct the participation of any party.
29
30
5. The hearing officer will first hear information and witnesses presented on behalf of the
31
complaint. Once the complaint information has been heard, the responding student will then be
32
given the opportunity to provide information and witnesses. All people appearing at a hearing
33
are subject to questioning by all primary parties, with the hearing officer receiving priority in
34
asking questions. Any questions asked by the parties must be directed to the hearing officer.
35
Unduly repetitive information and witnesses can be limited at the discretion of the hearing
36
officer. Only witnesses who can speak to the substance of the allegations will be considered by a
37
hearing officer.
38
39
6. Cases involving allegations of sexual misconduct, sexual exploitation, relationship violence, and
40
violations of the University Anti-Harassment and Non-Discrimination Policy shall include the
41
Director of Equal Opportunity, Ethics, and Access (OEOEA) or her/his designate. The OEOEA
42
representative shall be charged with determining whether or not the University Anti-
43
Harassment and Non-Discrimination Policy has been violated and shall notify the parties of the
44
outcome in a separate email notification. Sanctioning authority for these violations rests with
45
the hearing officer.
46
47
7. All procedural questions are subject to the final decision of the hearing officer.
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Illinois State University Code of Student Conduct Final Approved Document
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1
8. At the conclusion of the hearing, the hearing officer will deliberate to reach a decision for the
2
alleged violations, on the basis of whether it is more likely than not that a student violated each
3
cited University regulation. The hearing officer will prepare a finding of fact and then impose
4
sanctions for any violations found.
5
6
9. The hearing officer will provide the student with written notification of the outcome of a
7
hearing no later than five University business days after the hearing. This may be delayed if an
8
administrative hearing officer needs additional time to review the information provided at the
9
hearing. Notifications of any delay will be sent to a student by email. The hearing officer will also
10
provide written notification of relevant findings and sanctions to any aggrieved party via email.
11
All decision letters will outline the recipient’s process for appeal. Findings shall not be verbally
12
provided at the time of the hearing.
13
14
10. There will be a single verbatim audio recording of the hearing. Deliberations will not be
15
recorded. This recording will be maintained by SCCR as a part of the record only until the
16
conclusion of any applicable appeals process. Access to the record will be provided for parties
17
upon request in preparation for their appeal only. No transcripts will be created or provided, nor
18
are any parties permitted to record and/or broadcast the proceedings.
19
20
F. University Hearing Panel
21
22
In some cases where a student is unable to reach a resolution in a case management conference, as well
23
as in all cases involving allegations of academic misconduct or cases involving registered student
24
organizations, a hearing of the University Hearing Panel shall be convened. Parties to the hearing shall
25
be provided five University business days notice of a formal hearing, except in cases involving an interim
26
suspension, where parties will be provided three University business days notice. Summer holdover
27
cases will be conducted in accordance with Section VIII, G, 5.
28
29
The following rules apply to UHP hearings:
30
31
1. Hearings will be closed to the public.
32
33
2. Each hearing panel shall consist of three members, consisting of students, faculty, and/or staff.
34
A fourth panel member shall be assigned as an alternate in each case.
35
36
3. The UHP shall be advised by a professional staff member or graduate student who is present to
37
ensure that the procedures follow established protocol. The UHP Advisor does not participate in
38
deliberations.
39
40
4. Admission to the hearing of persons other than the parties involved will be at the discretion of
41
the UHP chair, in consultation with the UHP Advisor.
42
43
5. In hearings involving more than one responding student, the standard procedure will be to hear
44
the case jointly, providing that other respondents have not previous accepted a finding through
45
a case management conference. The UHP, in consultation with the case manager, may grant
46
separate hearings at their discretion if they find sufficient cause to do so.
47
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Illinois State University Code of Student Conduct Final Approved Document
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6. The primary parties (responding party, complainant, and/or aggrieved party) all have the right to
1
have an advisor of their choosing present at the hearing. The advisors may not participate in the
2
hearing process and may not actively direct the participation of any party.
3
4
7. The UHP will first hear information and witnesses presented on behalf of the complaint. Once
5
the complaint information has been heard, the responding student will then be given the
6
opportunity to provide information and witnesses. All people appearing at a hearing are subject
7
to questioning by all primary parties, with the UHP receiving priority in asking questions. Any
8
questions asked by the parties must be directed to the UHP Chair. Unduly repetitive information
9
and witnesses can be limited at the discretion of the UHP Chair. Only witnesses who can speak
10
to the substance of the allegations will be considered by a hearing panel.
11
12
8. All procedural questions are subject to the final decision of the UHP Chair, in consultation with
13
the UHP Advisor.
14
15
9. At the conclusion of the hearing, the UHP will deliberate to reach a decision, by consensus, for
16
the alleged violations, on the basis of whether it is more likely than not that a student violated
17
each cited University regulation. The UHP will prepare a finding of fact and then impose
18
sanctions for any violations found.
19
20
10. The UHP Advisor will provide the student with written notification of the outcome of a hearing
21
no later than five University business days after the hearing. This may be delayed if the UHP
22
needs additional time to review the information provided at the hearing. Notifications of any
23
delay will be sent to a student by email. The UHP Advisor will also provide written notification of
24
relevant findings and sanctions to any complainant and/or aggrieved party via email. All decision
25
letters will outline the recipient’s process for appeal. Findings shall not be verbally provided at
26
the time of the hearing.
27
28
11. There will be a single verbatim audio recording of the hearing. Deliberations will not be
29
recorded. This recording will be maintained by SCCR as a part of the record only until the
30
conclusion of any applicable appeals process. Access to the record will be provided for parties
31
upon request in preparation for their appeal only. No transcripts will be created or provided, nor
32
are any parties permitted to record and/or broadcast the proceedings.
33
34
12. In cases involving allegations of academic dishonesty, the UHP shall include at least one faculty
35
member and one student. SCCR will make every effort to ensure that graduate students are
36
utilized on the UHP when the case involves an allegation against a graduate student.
37
38
13. In cases involving registered student organizations, there shall be at least two students on the
39
UHP, one of whom has affiliation in a peer-type student organization (Greek letter, sports club,
40
academic student organization, etc.) and one student who does not share the peer-type
41
affiliation.
42
43
G. Specialized Rules
44
45
1. Academic Integrity Cases
46
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Illinois State University Code of Student Conduct Final Approved Document
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Issues of academic integrity are paramount to the University. A scholar’s integrity is the key to
1
academic credibility, and a degree conferred by the University is an inherent testament to that
2
scholar’s credibility. As such, when a student is alleged to have committed academic dishonesty,
3
there are two issues at stake; any grade or credit issue attached to that course or requirement, and
4
the relationship between the student and the institution. Therefore, faculty are strongly encouraged
5
to report all instances of academic dishonesty to SCCR, with the recognition that faculty members
6
retain jurisdiction over any academic penalties related to that course and/or activity that might be
7
imposed.
8
9
With respect to the handling of academic integrity cases:
10
11
a) Faculty members who discover academic dishonesty should meet with the student as soon as
12
possible to review the allegation. Prior to this meeting, faculty members are encouraged to
13
contact SCCR for consultation.
14
b) If the student acknowledges academic dishonesty and the faculty member is satisfied that the
15
incident has been resolved:
16
i. The faculty member will discuss the academic penalty to be applied and/or the
17
reparation required of the student. Faculty members should adhere to the grade
18
penalty policy, if any, noted in an appropriate syllabus. Faculty members without such a
19
policy, or where such a policy would not be applicable, should develop academic
20
penalties consistent with the nature of the dishonesty.
21
ii. The faculty member are strongly encouraged to complete the electronic referral process
22
for academic dishonesty and submit this referral to SCCR, along with recommendations
23
for appropriate sanctions, recommendations for no sanctions, or a request for a
24
restorative conference for the parties to devise their own sanctions. A SCCR case
25
manager will review the case and the recommendation.
26
iii. If the student does not have previous academic dishonesty violations and is otherwise in
27
good disciplinary standing with the University, the case manager can accept the faculty
28
member’s recommendation of no sanction, or a faculty member’s request for a
29
restorative conference.
30
iv. If the student has previous violations for academic dishonesty or is otherwise not in
31
good disciplinary standing with the University, the case must be referred to the formal
32
conduct process as outline in Section VIII, A). Note that a faculty member requesting a
33
restorative conference may still have that conference granted if the student can resolve
34
the inactive sanction in the case management conference.
35
v. If a faculty member recommends formal conduct action and sanctions, the case will be
36
referred for a case management conference, with the faculty member serving as a
37
complainant if needed.
38
c) If the student denies the allegation of academic dishonesty or if the faculty member believes
39
that the severity of the conduct may warrant a suspension or dismissal from the University:
40
i. The faculty member will complete the electronic referral process for academic
41
dishonesty and submit this referral to SCCR. This submission should contain copies of all
42
information to be utilized in the student conduct process, including the names of all
43
parties involved. Note that the student will receive access to all information provided.
44
ii. A SCCR case manager shall conduct a case management conference with the student, as
45
outlined in Section VIII, A), with the faculty member serving as the complainant.
46
iii. If the case manager and the student can reach a resolution, the case manager will
47
consult with the faculty member to review the proposed outcome. If the outcome is
48
Illinois State University Code of Student Conduct Final Approved Document
30
satisfactory to all involved parties, a decision letter will be generated and the case will
1
be resolved.
2
iv. If the student and the case manager cannot resolve the case, or if the faculty member
3
does not support the proposed outcome, the case will be referred to the University
4
Hearing Panel for resolution. In the event of a hearing, the faculty member will be
5
provided with the rights of a complainant (see Section VII, B). Cases being resolved
6
during summer session will be referred to an administrative hearing.
7
d) It is strongly recommended that faculty members withhold the imposition of an academic
8
penalty in any cases where the student is contesting the allegation. In cases where final grades
9
are being awarded, a grade of “Incomplete” should be assigned pending the outcome of the
10
student conduct process. If a faculty member imposes an academic penalty and a student is
11
found not in violation of the allegation, the student may have grounds for appealing the penalty
12
through the Office of the Provost.
13
14
2. Student Organization Cases
15
16
Student organizations are collectively responsible for any actions committed by members that serve
17
to reflect upon the organization as a whole or upon the University community. Student conduct
18
action against organizations is separate from student conduct taken against individuals, and the
19
facts of an incident may necessitate action against both an organization and its individual members.
20
Individual student conduct proceedings stemming from a student organization conduct proceeding
21
will only include students involved in the alleged incident. Processes used to resolve student
22
organization cases will reflect both the formal and informal resolution processes outlined in this
23
Code.
24
25
3. Health and Safety Cases
26
27
Health and Safety Procedures may be used when an alleged violation of the Code of Student
28
Conduct VI.B.1.f. takes place. Once a determination is made, the case may be reviewed under the by
29
the Health and Safety Procedures Guide, at the discretion of the Assistant Vice President/Dean of
30
Students or her/his designee. The student will meet with the Assistant Vice President/Dean of
31
Students or her/his designee at the first available time after the student has received notice that a
32
Health and Safety Conference is necessary. If, during the conference, it is determined that the
33
student accepts responsibility or is found responsible for the violation(s), the Assistant Vice
34
President/Dean of Students or her/his designee will determine an appropriate
35
intervention/sanction(s). The Dean may impose any sanction provided for in this Code. A student
36
found responsible for violating the Code as a result of a Health and Safety Conference may appeal
37
the decision to the Vice President for Student Affairs or her/his designee.
38
39
4. Policy Violations
40
41
Alleged Policy Violations under Code Section VI.A.11., VI.B.6 and/or VI.B7 will be considered using
42
existing processes for determining whether the University policies, rules or regulations have been
43
violated. (e.g., University Policy on Harassment and Discrimination, Policy for Unauthorized Release
44
of Protected Health Information, etc.). Please consult the University Policy site for specifics.
45
46
5. Holdover Cases
47
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Illinois State University Code of Student Conduct Final Approved Document
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Beginning ten University business days before the end of the fall and spring semesters, minor cases
1
of University regulations requiring a formal resolution by SCCR or UHS may be referred to a holdover
2
process. Those cases in which it is determined by the case manager that restrictive probation,
3
disciplinary suspension, or disciplinary dismissal are possible outcomes may not be resolved by the
4
holdover process, but shall be referred to a formal hearing at the earliest possible time. When the
5
delay occurs over the summer break, all formal hearings will be through an administrative hearing.
6
7
The holdover process shall operate as follows:
8
9
a) Within ten University business days of the end of the semester, SCCR or UHS shall contact the
10
student by email and provide the incident report, seeking to learn the responding student’s
11
version of the event(s). The student shall be provided ten business days to respond.
12
b) Based on the information provided by the student, the case manager has five University
13
business days to exercise one of the following options:
14
i. Send a decision letter to the student noting any violations of University regulations and
15
any appropriate sanctions. The student may appeal the decision to the Assistant Vice
16
President/Dean of Students (or designee) overseeing the student conduct process as
17
described in Section VIII, H.
18
ii. Refer the case to a restorative conference and/or to informal resolution, pending
19
consultation with other parties.
20
iii. Refer the case to a formal hearing.
21
iv. Dismiss the case.
22
23
6. Medical Amnesty and Good Samaritan Policy
24
25
It is imperative that medical assistance be sought when concerns arise for an individual’s safety
26
because of an emergency situation such as severe level of impairment, serious injury, and/or
27
unwanted sexual contact. In emergency situations, students are urged (1) to contact emergency
28
officials by calling 911 to report the incident, (2) to remain with the individual(s) needing emergency
29
treatment and cooperate with emergency officials, so long as it is safe to do so, and (3) to meet with
30
appropriate University officials after the incident and cooperate with any University investigation.
31
32
SCCR will consider the positive impact of taking the appropriate action in an emergency situation (as
33
outlined above) when determining the appropriate response for alleged alcohol and/or other
34
substances policy violations by the reporting student, including self-reporting. This means that
35
formal University disciplinary sanctions may be deferred for possible alcohol and/or other
36
substances violations, but the incident will be documented, and educational, community, and health
37
interventions — as well as contact with a student’s parents or family — may be required as a
38
condition of deferring disciplinary actions or sanctions. If all conditions are met, formal disciplinary
39
sanction will be vacated. Failure of a student(s) to respond to an emergency situation may void all
40
protections under this policy and be considered as an aggravating factor for the purposes of
41
sanctioning.
42
43
Registered student organizations (RSOs), through their officers and members, are also urged to take
44
appropriate action in emergency situations and to incorporate these expectations into their training
45
and risk management plans. When an RSO’s officers and members take the appropriate action in
46
dealing with emergency situations it will be considered a mitigating factor when determining the
47
outcome or sanction of an incident that otherwise merits disciplinary action against the
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Illinois State University Code of Student Conduct Final Approved Document
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organization. Failure of a registered student organization, or its members, to respond to an
1
emergency situation may void all protections under this policy and be considered as an aggravating
2
factor for the purposes of sanctioning.
3
4
H. Appeals
5
6
Responding students, student organizations, and aggrieved parties may appeal outcomes of student
7
conduct cases, except in cases where the appeal right has been waived as a result of a voluntary
8
agreement. In cases of a voluntary agreement involving a disciplinary suspension or disciplinary
9
dismissal, students maintain limited appeal rights. Only one appeal is collectively afforded to all parties
10
involved in a student conduct case.
11
12
The following conditions apply to the appeals process:
13
14
1. Appeals are not re-hearings of student conduct cases, but only serve to review the conditions
15
within which a case was resolved. Because this a not a new hearing of the case, the burden rests
16
with the appealing party to establish that the original hearing and/or the decision reached are
17
improper. Appeals officers and appeals boards shall give deference to the original decision
18
unless it is established as more likely than not that the appellant was deprived of a fair process;
19
they shall not supplant their judgment over the decision of the original hearing body without
20
cause.
21
22
2. The criteria for filing an appeal are:
23
24
A. Procedural Error – the appellant is contending that a substantive error was committed
25
as a part of the student conduct process that deprived the appellant of a fair hearing of
26
the case. This would include but not be limited to a substantiated bias, an arbitrary and
27
capricious finding, a material deviation from established procedures, etc.
28
B. New Information – the appellant is contending that there is new information that was
29
unavailable to the appellant at the time of the original proceeding, and that this
30
information would have substantially impacted the outcome of the proceeding. The
31
student must include the new information with the appeal. Note that this criteria may
32
not be utilized by students who choose or fail to attend or participate in the original
33
proceeding they are appealing.
34
C. Disproportionate Sanction – the appellant is contending that the sanction is not
35
appropriate to the findings of the case.
36
D. Unsupported Conclusion – the appellant is contending that the decision reached by the
37
hearing body is arbitrary and capricious, and is unsupported by substantial information.
38
39
3. The process for the review of appeals is as follows:
40
41
A. Students have ten calendar days to request an appeal any student conduct decision. The
42
ten day period begins on the date of delivery of the decision letter via email.
43
B. Appeals of decisions reached through case management conferences are reviewed by
44
the Assistant Vice President/Dean of Students or designee except in cases involving
45
Disciplinary Suspension and Disciplinary Dismissal. She/he shall review the information
46
provided by the appellant, as well as all case information. In some cases, the Dean or
47
designee may invite the appellant to provide additional information in person or by
48
Illinois State University Code of Student Conduct Final Approved Document
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telephone. The Dean or designee will respond to all appeals within ten University
1
business days of receipt. The Dean’s or designee’s decision is final, subject to no further
2
route of appeal.
3
C. Appeals of administrative hearing decisions, UHP decisions, and case management
4
conferences involving Disciplinary Suspension and Disciplinary Dismissal shall be
5
reviewed the by the University Appeals Board. The Chair of the UAB will review the
6
request for appeal submitted by the appellant, as well as all case information, to ensure
7
that the appeal meets the criteria for appeal. In some cases, the Chair may invite the
8
appellant to provide additional information in person or by telephone. The Chair will
9
respond to all requests for appeals within five University business days of receipt. Cases
10
involving allegations of sexual misconduct, relationship violence, and violations of the
11
University Anti-Harassment and Non-Discrimination Policy shall not be heard by the
12
UAB.
13
D. Appeals of cases involving allegations of sexual misconduct, sexual exploitation,
14
relationship violence, and violations of the University Anti-Harassment and Non-
15
Discrimination Policy shall be reviewed by the Assistant Vice President/Dean of
16
Students’ Appeals Board. The Dean will review the request for appeal submitted by the
17
appellant, as well as all case information, to ensure that the appeal meets the criteria
18
for appeal. In some cases, the Dean may invite the appellant to provide additional
19
information in person or by telephone. The Dean will respond to all requests for appeals
20
within five University business days of receipt.
21
E. If the Chair of UAB or Assistant Vice President/Dean of Students’ Appeal Board denies
22
the appeal hearing, the case is closed, subject to no further route of appeal.
23
F. If the Chair or Dean grants the appeal hearing, the hearing will be convened within ten
24
University business days to review the case.
25
G. In cases involving an aggrieved party, both the responding party and the aggrieved party
26
shall be given the opportunity to appeal at the same appeals hearing. Whether or not
27
both the responding party and the aggrieved party appeal, both shall be provided the
28
opportunity to attend a hearing.
29
H. In cases involving allegations of academic dishonesty, the UAB shall include at least one
30
faculty member and one student. The UAB Chair will make every effort to ensure that
31
graduate students are utilized on the UAB when the case involves an allegation against a
32
graduate student.
33
I. Proceedings of all appeal hearings shall abide by the following protocol:
34
i. All hearings are closed to the public.
35
ii. The representative from SCCR offers a brief overview of the facts of the case to
36
date.
37
iii. The appellant offers a summary of their cause for appeal, providing any relevant
38
information. Both the UAB (or AVP/Dean) and the representative from SCCR
39
(generally the case manager or hearing officer) shall both have the opportunity
40
to ask questions.
41
iv. The representative from SCCR offers a response to the appellant’s case,
42
providing any relevant information. Both the UAB (or AVP/Dean) and the
43
appellant shall have the opportunity to ask questions.
44
v. Optional final statements can be made by both parties, beginning with the
45
appellant.
46
vi. In the event that there is a responding party, an aggrieved party, and a
47
representative of SCCR present, the appellant shall proceed first, the counter
48
Illinois State University Code of Student Conduct Final Approved Document
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party second, and SCCR third. In cases where both the responding student and
1
aggrieved party file appeals, the responding student shall proceed first, the
2
aggrieved party second, and SCCR third.
3
vii. Upon conclusion of the hearing, deliberations will take place in closed session to
4
reach a decision, by consensus. In UAB hearings, the Chair shall observe the
5
proceedings and aid in the authoring of a decision, but shall not participate in
6
the deliberations.
7
viii. Appeal hearings shall result in one of the following outcomes:
8
1. Affirm the original finding and sanction.
9
2. Affirm the finding and modify the sanction. In cases where the accused
10
student is the appealing party, the sanction may not be increased. In
11
cases where the aggrieved party is the appellant, the sanction may be
12
increased or reduced as deemed appropriate.
13
3. Remand the case for a new hearing or case management conference.
14
ix. Written findings shall be conveyed to all parties within five business days of the
15
hearing. Findings shall not be verbally provided at the time of the hearing.
16
J. In cases where the Director of Equal Opportunity, Ethics, and Access (OEOEA) or her/his
17
designee has issued a finding in relation to the University Anti-Harassment and Non-
18
Discrimination Policy, appeals of the finding shall be directed to the University President
19
or her/his designee. Sanctions in these cases may only be appealed to the Assistant Vice
20
President/Dean of Students’ Appeals Board.
21
22
IX. Sanctions
23
24
When students and/or student organizations are found in violation of University regulations, sanctions
25
shall be imposed. The purpose of sanctioning is to educate a student as to why her/his behavior is
26
inappropriate, as well as to make the student aware of and sensitive to all the possible consequences of
27
the behavior in question. Sanctions for misconduct will be determined on a case by case basis, utilizing
28
four main criteria: a) the nature of the offense; b) the precedent established at the University for similar
29
conduct; c) the previous conduct record of the student; and, d) the student’s attitude and behavior
30
throughout the conduct process.
31
32
Sanctions shall generally be comprised of two components: a) an “inactive sanction” or written sanction
33
(Censure, Disciplinary Probation, Restrictive Disciplinary Probation, Disciplinary Suspension, or
34
Disciplinary Dismissal), as well as; b) an “active sanction” or educational sanction, requiring the student
35
to complete some form of assignment requiring the student’s active participation and reflection.
36
37
The following sanctions may be imposed by a case manager, administrative hearing officer, University
38
Hearing Panel, University Appeals Board, Assistant Vice President/Dean of Students or through a
39
restorative conference upon any student found to have violated the Code:
40
41
A. Inactive Sanctions
42
43
Inactive sanctions include those sanctions that determine a student’s standing at the University.
44
These sanctions include:
45
46
1. Censure
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Illinois State University Code of Student Conduct Final Approved Document
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A censure is an official statement that the student or student organization has violated a
1
University regulation, and serves as a formal reprimand. A censure also indicates that future
2
violations will likely result in more serious level of sanctioning.
3
4
2. Disciplinary Probation
5
Disciplinary Probation is a serious encumbrance on the student or student organization’s good
6
standing in the University community, and serves as a recognition that the student (or
7
organization) is no longer in good disciplinary standing with the University. Disciplinary
8
Probation will last at least one semester (eighteen academic calendar weeks) and any
9
subsequent violations during the probationary period will be viewed as both a violation of
10
University regulations and a violation of the probation. No more than three Disciplinary
11
Probation sanctions may be imposed on a student prior to that student being removed from the
12
University community, though the student may be removed prior to this condition. Student
13
organizations are limited to three probationary sanctions in a four year period prior to that
14
student organization being removed from the University community, though the student
15
organization may be removed prior to this condition.
16
17
A student on disciplinary probation may not hold any elected or appointed office at the
18
University and is ineligible for a sophomore housing exemption to move to a fraternity or
19
sorority house. At the end of the disciplinary probation period, all lost privileges shall be
20
restored.
21
22
3. Restrictive Disciplinary Probation
23
Restrictive Disciplinary Probation is a serious encumbrance on the student or student
24
organization’s good standing in the University community, and indicates that a student or
25
student organization is at a “near removal status” from the University. Any additional incidents
26
in which the student or student organization is found in violation of the Code of Student Conduct
27
would result in immediate removal from the University for a period of time and the possibility of
28
additional sanctions. No more than one restrictive disciplinary probation sanction shall be
29
imposed on a student prior to removal from the University community. Student organizations
30
are limited to one restrictive disciplinary probation sanction in a three year period. Restrictive
31
disciplinary probations may not be extended as a result of separate incidents.
32
33
A student on restrictive disciplinary probation may not hold elected office, is ineligible for a
34
sophomore housing exemption to live in a fraternity or sorority house, and may not represent
35
the University in any official capacity, including intercollegiate athletics, major extracurricular
36
activities (including forensics, debate, plays and musicals) or student exchange programs. At the
37
end of the restrictive disciplinary probation period, all lost privileges and eligibility shall be
38
restored. Student organizations on restrictive disciplinary probation may not seek sophomore
39
housing exemptions and may not host any events with alcohol.
40
41
4. Disciplinary Suspension
42
Disciplinary Suspension establishes a fixed period of time during which the student or student
43
organization may not participate in any academic or other activities of the University. At the end
44
of the suspension period, the student or student organization may apply for reinstatement and
45
be readmitted only upon the approval of the Assistant Vice President/Dean of Students or
46
her/his designee.
47
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Illinois State University Code of Student Conduct Final Approved Document
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5. Disciplinary Dismissal
1
Disciplinary Dismissal denies the student or student organization the right to participate in any
2
academic or other activities of the University. This is a permanent exclusion from the University
3
community. Students subject to disciplinary dismissal shall be restricted from University
4
property and University-related events for a minimum of five calendar years.
5
6
6. Restrictions
7
A restriction takes away a privilege that the student may have, as well as restricting contact with
8
people and/or access to property.
9
10
B. Active/Educational Sanctions
11
Case managers, administrative hearing officers, and the University Hearing Panel are strongly
12
encouraged to impose “active” and educational sanctions that promote learning, understanding,
13
and reflection. These sanctions may be developed as necessary and as deemed relevant to
14
specific conduct and specific individuals.
15
16
Among the previously established educational sanctions are:
17
i. Alcohol Education Program
18
ii. Attendance at Educational Programs
19
iii. Conflict Management Training
20
iv. Educational Service Hours
21
v. Ethics Workshop
22
vi. Reflective Exercises
23
vii. Restitution
24
25
C. Conduct Fines and Fees
26
Fines are utilized as a deterrent to further student misconduct, and are most often employed in
27
cases involving the use of alcohol and other drugs. Conduct fines are, however, also utilized for
28
frequent offenders of University regulations. Conduct fine rates are approved by the Vice
29
President for Student Affairs. Conduct fees are associated with costs for providing educational
30
sanctions, and are set by the service provider.
31
32
D. More than one sanction may be imposed for any violation.
33
34
E. Case managers, administrative hearing officers, and the University Hearing Panel may impose
35
other restrictions, such as restriction from class registration and other academic activities as is
36
deemed necessary.
37
38
X. Conduct Records
39
40
A. All student conduct records, both adjudicatory and non-adjudicatory, are maintained by SCCR
41
for a period of seven years from the date of creation, with the following exceptions:
42
43
1. Records of students placed on disciplinary probation or restrictive disciplinary probation are
44
maintained for a period of seven years after the date by which the student completes their
45
probationary status.
46
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Illinois State University Code of Student Conduct Final Approved Document
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2. Records of students who are subject to disciplinary suspension or disciplinary dismissal are
1
maintained permanently.
2
3
3. Records of registered student organizations are maintained permanently.
4
5
B. In compliance with the Family Educational Rights & Privacy Act, all student conduct proceedings
6
and student conduct records are considered confidential, except as otherwise provided by law.
7
Only those persons authorized by the student or by the Dean of Students Office may have
8
access to these records.
9
10
C. Exceptions for parental and public notification are provided in Section XI.
11
12
XI. Parental and Public Notification
13
14
A. In cases where student who is found in violation of University regulations is under the age of
15
twenty-one and is also financially dependent (as noted on federal tax forms), parents and legal
16
guardians will be notified when:
17
18
1. The student is found in violation of alcohol or drug related regulations and is given the
19
sanction of Disciplinary Dismissal, Disciplinary Suspension, Restrictive Disciplinary
20
Probation, or if the student accrues more than one semester of Disciplinary Probation.
21
22
2. The student is found in violation of physical or sexual misconduct towards another
23
person and is given the sanction of Disciplinary Dismissal, Disciplinary Suspension,
24
Restrictive Disciplinary Probation, or if the student accrues more than one semester of
25
Disciplinary Probation.
26
27
B. Parents and legal guardians will be notified of such decisions only after the conclusion of all
28
appropriate appeal processes.
29
30
C. In some cases, students may offer reasons why parental notification would be detrimental to
31
their emotional and/or physical well-being. In such cases, the Assistant Vice President/Dean of
32
Students or her/his designee will review the request and issue a final determination.
33
34
D. Parents and legal guardians will be notified via a letter sent to the student’s permanent address.
35
36
E. Once notified, parents and legal guardians will be provided full disclosure of the specific incident
37
leading to the sanction upon written request. Requests for access to previous or subsequent
38
student conduct history (except for those meeting the criteria outlined in Section XI, A above)
39
will require a signed consent from the student.
40
41
F. At no time will SCCR provide any information that divulges to the public the name, address, or
42
other identifying personal information of anyone involved in the student conduct process.
43
44
G. SCCR will maintain a public online summary of the disciplinary status of student organizations
45
that have been sanctioned through the student conduct process. Additionally, the Assistant Vice
46
President/Dean of Students may authorize the notification of all parents of student members of
47
Illinois State University Code of Student Conduct Final Approved Document
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a student organization with respect to the actions of the organization and the sanctions
1
imposed.
2
3
XII. Conduct Bodies
4
5
A. Case Managers
6
7
Case managers are professional and graduate student staff members of SCCR and University
8
Housing Services that are assigned to manage student conduct cases. SCCR staff shall receive
9
training in all areas related to case management from the Coordinator of SCCR. University Housing
10
Services staff shall receive case management training from the Assistant Director of University
11
Housing Services, in consultation with the Coordinator of SCCR.
12
13
B. Student Conflict Specialists
14
15
Student conflict specialists are undergraduate or graduate student staff member assigned by SCCR
16
to assist students in a conflict resolution intake process. They shall receive training and supervision
17
from SCCR professional staff.
18
19
C. Conduct Consultants
20
21
Conduct Consultants are faculty, staff, and student volunteers who have received basic training in
22
the student conduct process. These volunteers are an optional resource open to any student
23
involved in the student conduct process.
24
25
D. Administrative Hearing Officers
26
27
Administrative Hearing Officers are full-time employees of the University (typically from the Dean of
28
Students Office and University Housing Services) who are trained and empowered to hear formal
29
cases involving allegations of student misconduct. The Assistant Vice President/Dean of Students or
30
designee shall be responsible for approving the selection of hearing officers, and the Coordinator of
31
SCCR shall be responsible for providing appropriate training. Administrative Hearing Officers may
32
also serve as arbiters when a case is referred to arbitration.
33
34
E. University Hearing Panel
35
36
The University Hearing Panel shall consist of students, faculty, and staff who are trained and
37
empowered to hear formal cases involving allegations of student misconduct. All recruitment and
38
selection of University Hearing Panel members is conducted at the start of the fall semester.
39
Vacancies are filled on an as-needed basis. The following rules apply to the UHP:
40
41
1. Students serving on the UHP are first nominated by the Coordinator of SCCR following a
42
recruitment and selection process conducted by SCCR. They must be in both good
43
academic and disciplinary standing with the University at both the time of their
44
selection and throughout their term of service. The Assistant Vice President/Dean of
45
Students or her/his designee reserves the right to establish more stringent
46
requirements. A student’s application will authorize the release of necessary records for
47
verification purposes. Nominations are forwarded to the Student Government
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Illinois State University Code of Student Conduct Final Approved Document
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Association for approval. Students may serve until graduation, at the discretion of the
1
Coordinator of SCCR. A comprehensive recruitment campaign will be conducted at least
2
once annually, with special recruitment campaigns being implemented as necessary to
3
maintain an appropriate pool of members.
4
5
2. Those students selected for UHP membership must complete an initial course of training
6
before their service may begin. Additional training may be offered as needed each
7
semester.
8
9
3. Faculty/staff members serving on the UHP are first nominated by the Rules Committee
10
of the Academic Senate. They are then elected by the Faculty Caucus. Faculty and staff
11
serve two year terms. Faculty and staff may be reappointed.
12
13
4. Those faculty/staff appointed to UHP membership must complete an initial course of
14
training before their service may begin. Additional training may be offered as needed
15
each semester.
16
17
5. Staff members serving on the UHP are recruited and selected by the Coordinator of
18
SCCR, subject to approval by the Vice President for Student Affairs or her/his designee.
19
20
6. Those staff members appointed to UHP membership must complete an initial course of
21
training before their service may begin. Additional training may be offered as needed
22
each semester.
23
24
7. All members of the UHP may be removed from membership at the discretion of the
25
Coordinator of SCCR for any of the following reasons: failure to participate in training
26
activities, failure to attend scheduled hearings, poor performance appraisals,
27
termination or expiration of employment, violation of University regulations, failure to
28
uphold confidentiality requirements, or other issues as specified by the Coordinator.
29
30
8. The Coordinator of SCCR will notify the Academic Senate of vacant faculty/staff seats,
31
and the Senate will provide replacement appointments as necessary. SCCR may conduct
32
recruitment and selection processes to nominate faculty members to the Academic
33
Senate for approval.
34
35
9. The UHP reports annually to the Academic Affairs Committee.
36
37
F. University Appeals Board
38
39
The University Appeals Board shall consist of students, faculty, and staff who are trained and
40
empowered to review appeals of cases heard by administrative hearing officers and the University
41
Hearing Panel. The following rules apply to the UAB:
42
43
1. The members of the UAB shall be five faculty members nominated by the Faculty
44
Caucus, five students nominated by the Student Government Association, and five staff
45
members nominated by the Vice President for Student Affairs, all appointed by the
46
President. A faculty member or professional staff member not employed by the Dean of
47
Students Office shall be appointed by the Vice President of Student Affairs to serve as
48
Illinois State University Code of Student Conduct Final Approved Document
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the non-voting Chair of UAB. Faculty and staff members are appointed for three year
1
staggered terms. Students are appointed on an annual basis. Student members must be
2
admitted to an authorized degree or credential program.
3
4
2. Two students, two faculty members, and one staff member shall be assigned to each
5
appeal hearing. A quorum will consist of three members, of which at least two will be
6
faculty and/or staff.
7
8
3. As noted in Section VIII, H, the Chair shall be given the authority to screen appeals to
9
ensure that they meet the criteria for filing an appeal. The Chair shall supervise all
10
hearings of the UAB including deliberations.
11
12
4. All UAB members must complete an initial course of training before their service may
13
begin. Additional training may be offered as needed each semester.
14
15
5. All members of the UAB may be removed from membership at the discretion of the UAB
16
Chair for any of the following reasons: failure to participate in training activities, failure
17
to attend scheduled hearings, poor performance appraisals, termination or expiration of
18
employment, violation of University regulations, failure to uphold confidentiality
19
requirements, or other issues as specified by the Chair.
20
21
G. Assistant Vice President/Dean of Students Appeals Board
22
23
The Assistant Vice President/ Dean of Students shall convene a Dean’s Appeal Board, which shall
24
hear appeals of cases involving allegations of sexual misconduct, sexual exploitation, relationship
25
violence, and for sanctions imposed for violation of the University Anti-Harassment and Non-
26
Discrimination Policy. The following rules apply to the Dean’s Appeal Board:
27
28
1. The members of the Assistant Vice President/ Dean of Students’ Appeal Board (Board)
29
shall be faculty and staff members recruited and selected by the Assistant Vice
30
President/Dean of Students. Members of the University Appeals Board are eligible to
31
serve. Board members are subject to annual review and renewal at the discretion of the
32
Assistant Vice President/Dean of Students.
33
34
2. The Assistant Vice President/Dean of Students will identify at least four faculty and staff
35
members to serve on the Board. All members of the Board are required to complete
36
training specific to the subject matter of the appeals over which the Board holds
37
jurisdiction.
38
39
3. Three members of the Board shall serve on each appeal hearing. The Assistant Vice
40
President/Dean of Students shall chair the hearing unless this role is designated to
41
another Board member by the Assistant Vice President/Dean of Students. The Assistant
42
Vice President/Dean of Students is a voting member of the Board.
43
44
4. All members of the Board may be removed from membership at the discretion of the
45
Assistant Vice President/Dean of Students for any of the following reasons: failure to
46
participate in training activities, failure to attend scheduled hearings, poor performance
47
appraisals, termination or expiration of employment, violation of University regulations,
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Illinois State University Code of Student Conduct Final Approved Document
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failure to uphold confidentiality requirements, or other issues as specified by the
1
Assistant Vice President/Dean of Students.
2
3
H. Mediators
4
5
When student conduct matters are referred to mediation, SCCR shall provide trained mediators to
6
assist in the resolution of conflicts. Mediators will include students, faculty, and staff, and all
7
mediators shall receive appropriate training and supervision from SCCR professional staff.
8
9
I. Restorative Conference Facilitators
10
11
When student conduct matters are referred to restorative conferences, SCCR shall provide trained
12
facilitators to assist in the resolution of conflicts and/or the determination of sanctions. Facilitators
13
will include students, faculty, and staff, and all mediators shall receive appropriate training and
14
supervision from SCCR professional staff.
15
16
XIII. References
17
18
This Code was created by a committee of University students, faculty, and staff, and has been reviewed
19
and approved by the University’s shared governance process before being approved by the University
20
President.
21
22
The following documents were utilized to assist in the development of this Code, in addition to direct
23
feedback received by numerous members of the University community.
24
25
Association for Student Conduct Administration, Conflict Resolution Task Force. (2008). Report
26
from the conflict resolution summit, September 17-19, 2008.
27
28
Illinois State University Code of Student Conduct, May 8, 2012.
29
30
Fischer, W., Lewis, S., Lowery, J., Schuster, S., Sokolow, B., and Swinton, D. (2013). A developmental
31
framework for a code of student conduct: The NCHERM group code project. National Center for Higher
32
Education Risk Management, Malvern, PA. Used with permission.
33
34
Newman, A., Zompetti, S., & John, B. (2009). Implementation of a spectrum of conflict resolution options:
35
Proposal to reorganize the programs and services offered by Community Rights and Responsibilities, a
36
unit within the Dean of Students Office. Unpublished report.
37
38
Schrage, J. and Giacomini, N. (2009). Reframing campus conflict: Student conduct practice through a
39
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