All disciplinary procedures at Illinois State University are subject to operational procedures established by the Code of Student Conduct and by Community Rights & Responsibilities.
Residence hall professional staff are empowered to hear minor cases of alleged student misconduct for incidents that take place in and immediately around the residence halls. Residence hall professional staff will therefore conduct disciplinary conferences when Community Rights & Responsibilities has deemed a case appropriate for resolution by residence hall staff.
Any agreement reached between the residence hall professional staff member and the accused student is subject to review and approval by Community Rights & Responsibilities. If CR&R staff approves the finding and sanction, a formal letter will be sent to the student notifying them of the decision. If CR&R staff declines to approve the finding and/or sanction, the following may occur:
a. CR&R staff may determine that the finding and/or sanction require amending. If so, CR&R staff will notify the accused student of this decision, and provide the student with five school days to appeal the decision to the University Hearing Panel.
b. CR&R staff may determine that the case should not be reviewed at the residence hall level and may re-initiate the disciplinary process.
Residence hall professional staff may only be empowered to hear minor cases. Residence hall professional staff may not hear cases involving physical or sexual assault, hazing, academic dishonesty, acts of intolerance and/or harassment, drug violations, or repeated alcohol violations. Any cases that might result in Disciplinary Probation, Disciplinary Suspension, or Disciplinary Dismissal are to be immediately referred to CR&R for review. Residence hall staff will receive guidance from CR&R as to what constitutes a minor disciplinary matter.
Residence hall professional staff are empowered to impose a technical violation or a censure, but may not impose Disciplinary Probation, Disciplinary Suspension, or Disciplinary Dismissal. Residence hall professional staff shall also be empowered to utilize educational sanctions as provided for by CR&R.
If the accused student fails to schedule or attend the disciplinary conference, the residence hall professional staff shall forward the case to CR&R for review, along with an additional charge of failure to comply.
Cases referred to Community Rights & Responsibilities shall result in a disciplinary conference with the accused student. In the disciplinary conference, the disciplinary officer shall review all available information with the student to determine whether or not a decision can be made regarding the student's responsibility without a formal hearing. The following procedures apply to disciplinary conferences:
(from the Code of Student Conduct)
Cases referred to the University Hearing Panel (UHP) shall be operated under the following procedures:
View current members of the University Hearing Panel.
Student organizations are collectively responsible for any actions committed by members that serve to reflect upon the organization as a whole or upon the University community. Disciplinary action against organizations is separate from disciplinary action taken against individuals, and the facts of an incident may necessitate action against both an organization and its individual members.
Dean of Students staff (Greek Affairs, SGA Advisement, and SOS) shall be empowered to hear minor cases of alleged student misconduct for incidents that take place within student organizations. Dean of Students staff will therefore conduct disciplinary conferences as outlined in Section X, Item A, with the following amendments:
Faculty members are to report all instances of academic dishonesty to Community Rights & Responsibilities (CR&R). Faculty members retain authority to determine grade penalties, but shall follow the following procedures in resolving disciplinary complaints:
For Faculty wishing to report a suspected case of academic dishonesty, view the Faculty Disciplinary Guide (pdf) or access the academic integrity reporting packet (pdf).
(from the Code of Student Conduct)
A. If a student is charged only with an off-campus violation of federal, state or local laws, but not with any other violation of the Student Code, disciplinary action may be taken and sanctions imposed for grave misconduct that demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law. Exceptions must be consistent with the grounds noted for interim disciplinary action (Section VII).
B. University disciplinary proceedings may be instituted against a student charged with a violation of law that is also a violation of the Student Code, where both violations result from the same set of facts or circumstances. No regard will be given to any pending civil litigation in court or criminal arrest and prosecution. Proceedings under the Student Code may be carried out prior to, concurrent with, or following civil or criminal proceedings off-campus. Students may request a delay in campus disciplinary proceedings from the coordinator of Community Rights & Responsibilities, but must establish to the director's satisfaction that the University disciplinary process would be unfairly impacted without such a delay. A student's decision to refuse to participate in the disciplinary process does not constitute grounds for a delay.
C. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of her or his status as a student. If the alleged offense is also the subject of review under the Student Code, the University may advise off-campus authorities of the existence of how such matters will be handled within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal laws on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.
REMINDER: The student disciplinary process does not seek, nor is qualified, to determine whether or not violations of local, state, or federal law have taken place. Similarly, criminal and civil courts do not seek, nor are qualified, to determine whether or not violations of the Code of Student Conduct at Illinois State University have been committed. The aims of each of these processes is different, and Illinois State University makes it a practice to resolve all disciplinary complaints independent of whether or not criminal or civil action is also transpiring.
Student rights in the student conduct process are different than those utilized in the legal system. The disciplinary process is educational in nature rather than punitive, and does not follow the rules of criminal courts. Student rights include:
For the purpose of the Student Code, people are eligible to serve as advisors if,
In cases where concurrent criminal charges exist arising from the same incident, a student may elect to have an attorney serve as an advisor. Attorneys serve under the same restrictions as other advisors.
It is the responsibility of the student to insure the attendance of the advisor at any proceedings. Meetings and hearings will not be rescheduled to accommodate advisors.
E. A student has the right to written notice of the charges placed against her or him that also indicates the time and place of any disciplinary conference or hearing. Proper written notification shall be defined as delivery of mail to a student's University address, as reported by the student to the University Registrar. Students shall be held responsible for the contents of mail for which they have refused receipt. Mail procedures are established in the by laws of the disciplinary process (see Section XXI of the Code).
Students charged with violating the Student Code are required to meet with a professional staff person to facilitate the resolution of the case (see Disciplinary Conference, Section X). Failure to meet with a staff person will result in an additional charge of regulation C2 (failure to comply).
F. A student has the right to receive a written copy of the report(s) stating the circumstances and allegations involved. This information shall generally be provided to the student at the time of the mandatory disciplinary conference.
G. A student has the right not to present information against herself/himself.
H. A student has the right to hear and respond to all information presented against her/him. This includes the right to question all parties through the disciplinary body.
I. A student has the right to present information and/or witnesses on her/his behalf. The number of witnesses who may be called may be determined by the disciplinary body.
J. A student has the right to written notification of the results of the hearing no later than ten school days after the hearing.
K. A student has the right to appeal the outcome of a hearing, except in cases of decisions reached in disciplinary conferences through the consent of all parties. A student has the right to be informed of her/his right to appeal and the process for doing so.
When any Illinois State University student has been subjected to acts which allegedly violate his or her potential welfare or individual dignity, he/she may be granted "aggrieved parties" status in the student conduct process. Specific examples include but are not limited to:
CR&R staff will review each case for potential victims and notify students when they have been granted this status. The Director of CR&R reserves the right to make a final determination of victim's status.
Aggrieved parties of offenses are encouraged to contact the Illinois State University Police (or other appropriate police agency based on where the incident took place) to file an initial report. All on campus cases involving allegations of University violations will be automatically forwarded to CR&R. When dealing with other police agencies, simply ask the police to forward a copy of the report to CR&R.
Aggrieved parties have several options for resolving complaints. First, a student may ask that a formal complaint be filed by CR&R. This normally occurs once the aggrieved party has reported the offense to the police. Because CR&R does not investigate cases against individuals or take the side of one party over the other, cases requiring investigation must be forwarded to the police. Once CR&R is provided with a completed report, the aggrieved party will be asked to meet with CR&R staff to review the complaint.
Second, aggrieved parties may seek criminal charges through the police and state's attorney. This process is initiated by filing a report with the appropriate police agency. A student may elect to utilize both the student conduct process and the criminal process to resolve a complaint. CR&R will typically move forward with a case independent of any civil or criminal proceedings. A student may also elect to resolve a case through alternative means of dispute resolution, such as facilitation or mediation. CR&R will provide additional information on these services as necessary.
Anyone wishing to bring a complaint against one or more students at Illinois State University (for violations of the Code of Conduct) is responsible for insuring that all relevant information is provided to Community Rights and Responsibilities (CR&R). CR&R serves as a neutral facilitator of case resolution, and is not responsible for the conduct of investigations of improper activity by students. CR&R serves as neither a "prosecutor" or "defender" of any case.
When the violation of the Code also involves a violation of criminal law, even when criminal prosecution is not sought, then the case must be first referred to the appropriate police agency. For all on campus matters, contact the Illinois State University Police Department (309-438-8631). Once your report is filed and reviewed by the police, a copy of the completed report will be sent to CR&R for review. If dealing with an off campus police agency, please ask the police to share the report with CR&R.
Staff members referring non-criminal matters, or faculty members referring acts of academic dishonesty are responsible for compiling all information and forwarding it to CR&R for review. This should include any physical evidence (papers, letters, etc.) as well as a chronology of the entire incident. referring parties should also obtain witness statements, as well as provide a comprehensive list of all people involved in the incident, to the best of his or her ability. For additional assistance, please contact us at (309) 438-8621.
Anyone wishing to bring a complaint against one or more registered student organizations at Illinois State University (for violations of the Code of Conduct) is responsible for insuring that all relevant information is provided to Community Rights and Responsibilities (CR&R). CR&R will then review each complaint to see if it merits further investigation.
When the violation of the Code also involves a violation of criminal law, even when criminal prosecution is not sought, then the case must be first referred to the appropriate police agency. For all on campus matters, contact the Illinois State University Police Department (309-438-8631). Once your report is filed and reviewed by the police, a copy of the completed report will be sent to CR&R for review. If dealing with an off campus police agency, please ask the police to share the report with CR&R.
Once CR&R has determined that a case merits further investigation, a CR&R staff member will be assigned to serve as the primary investigator. This person will interview all appropriate people and information to determine if violations of the Code of Student Conduct are to be pursued. If brought to the University Hearing Panel, the investigator will serve as the complainant and maintain the right to present both information and witnesses in support of the complaint.
It is important to note that all University staff are expected to cooperate fully with any investigation conducted by CR&R. Faculty and staff should not assure students that discussions will be kept confidential if those discussions reveal violations of University regulations. The faculty or staff member is expected to immediately report this information to CR&R.
For additional assistance, please contact us at (309) 438-8621.
Access the online Incident Report Form. (pdf).
Students are expected to maintain up to date current and permanent addresses with Illinois State University at all times. Changes of address can be made by notifying University Registrar or by making the change yourself on the SIAS system. Students failing to maintain up to date addresses are still responsible for all materials mailed to the prior addresses by CR&R. No disciplinary action will be revoked for a student's failure to properly maintain a current address, and deadlines issued by CR&R remain in effect.
CR&R is responsible for making a reasonable effort to properly deliver materials to a student's address. If a local address is unavailable, CR&R will send notification to the permanent address. When CR&R sends mail related to student disciplinary proceedings, the following attempts are made to insure delivery:
* Mail sent to off campus addresses is sent via U.S. Post Office "Proof of Mailing," indicating the Post Office certifies that the material was delivered to the listed address.
* Mail sent to on campus addresses is sent via a special certification process, and is not a part of the normal residence hall mail system. Staff members sign the material as soon as it is placed in the student's mailbox and a receipt is sent back to CR&R, where it is maintained it in a special file.
CR&R is NOT responsible for the following:
When a mailing problem can be definitively tracked to a delivery agent, CR&R will make reasonable attempts to accommodate students.
Students required to attend Disciplinary Conferences with CR&R will have pre-scheduled dates and times mailed to them with their initial notification letter. This is a required meeting. In scheduling such meetings, CR&R will make a reasonable attempt to accommodate class schedule, but reminds students that disciplinary matters are a priority that must be attended to independent of any work or any other individual scheduling considerations.
Students failing to attend this mandatory meeting with staff by this date shall be cited for failing to comply with the disciplinary process and be subject to potential immediate administrative action, subject to appeal as outlined in the Code of Student Conduct.
CR&R will assume no responsibility for messages left by the student inquiring about the meeting; any concerns about the meeting may be addressed during the Disciplinary Conference. CR&R recommends that students contact our office immediately upon receiving a notification letter, in order to avoid scheduling conflicts for CR&R staff.
Students who are referred to a hearing of the University Hearing Panel, though not formally required to be present, are expected to make all efforts to attend these proceedings. Only the Coordinator of CR&R may grant exceptions and reschedule a hearing based on exceptional circumstances that are documented by the student in advance of the hearing date. CR&R will not consider the academic, work, athletic, or social schedule of a charged student when scheduling hearings. If needed and requested by the student, CR&R will provide written verification that a student was summoned to the University Hearing Panel. This is no way relieves the student of his or her responsibilities in any other setting.
Please be advised that students facing criminal charges in additional to student conduct review for the same incident are still required to meet all obligations within the student conduct process, despite any advice to the contrary given by private counsel. Students facing criminal charges may have an advisor of their choosing present at any meetings or hearings (see Code), provided that the advisor does not participate in the process in any way.
The Student Advisor is a student member of the University Hearing Panel who has agreed to take a temporary leave from absence from the panel in order to provide individual assistance to students involved in the disciplinary process.
The Student Advisor is not an advocate for the student, and does not present a case on behalf of the student or prepare the student's defense. Instead, the role of the Advisor is to answer student questions about being involved in the disciplinary process and answer from a student perspective what the purpose of the disciplinary process is and how the student can best present him or herself to a hearing panel or administrator.
This service is provided free of charge by CR&R as a courtesy and educational tool. Students must meet with the Student Advisor on their own time, and administrative meetings and/or hearings will not be postponed or cancelled due to an inability to meet with the Advisor.
The Student Advisor for Fall 2006 has not be chosen yet. To meet with a student regarding your hearing, please call (309) 438-8621 and a member of the University Hearing panel not serving on the panel for your case will be assigned to meet with you to answer any questions.
(from the Code of Student Conduct)
In some instances, educational sanctions are supplemented by disciplinary fines. The intent of disciplinary fines is to serve as an additional deterrent to further misconduct.
Fine monies are collected at the Bone Student Center Business Office and maintained by Community Rights and Responsibilities. These funds are allocated in accordance with guidelines established by the Vice President of Student Affairs.
View a disciplinary Fine Deposit Form (pdf).
When a student has failed to comply with the terms of a disciplinary sanction, CR&R may determine to place a hold on the student's ability to register for future classes. In such instances, the hold will be maintained until the student has made progress on the sanction that is deemed satisfactory by the Coordinator of CR&R. If the hold is released and the student fails to demonstrate good faith in completing the sanction, the student's future classes may be subject to cancellation.
This action is in addition to further disciplinary action that shall be initiated by CR&R for Policy C10, Abuse of the Disciplinary System.
Other holds/blocks, including the blocking of commencement abilities or the ability to secure transcripts, may be initiated by CR&R for students not considered in good disciplinary standing
At hearings of the University Hearing Panel, there shall be a single, verbatim record, such as a taped recording, of all hearings. The records shall be the exclusive property of Community Rights & Responsibilities and Illinois State University. CR&R shall establish a written policy (below) for an accused or aggrieved party to have access to this record only for the purpose of filing an appeal. Tapes are only maintained by CR&R one week after the appellate process and are then erased.
No meetings or hearings involving CR&R may be taped by any participants. Doing so covertly is a violation of both criminal law and University policy.
Students needing access to a tape of a disciplinary hearing for the purpose of filing an appeal must contact CR&R during regular business hours to schedule an appointment to meet with a CR&R staff member. The CR&R staff member will remain present during the review of the tape, and the tape may not be re-recorded. Appealing parties must be able to visit the Illinois State University campus in order to review a tape.
The Illinois State University Police Department has been empowered by the Division of Student Affairs to issue citations noting alleged violations of University regulations committed by Illinois State University students. Citations are generally issued in cases where the police determine that the behavior does not rise to the level of an arrest or need for a formal police report. At the time of issuance, the police officer notes a date and time for the student to appear at CR&R (120 Student Services Building). This meeting is a mandatory one, and serves as the student's Disciplinary Conference.