Conduct Processes & Outcomes

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

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

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

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

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

General Policy 

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

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

Hearing Board Adjudication Process: The All-University Judiciary Committee

Functions

To review regularly the rules and procedures relating to student conduct and recommend desired changes to the faculty, administration and/or Student Senate.

To hear and decide cases for violation of rules and regulations as provided in the statement of general policy governing the committee's jurisdiction.

To hear and review interim suspension appeals.  Such appeals will be determined by a three member panel of the AUJC.

Membership

Representation of the All University Judicial Committee is composed of faculty, staff, and students.

The chair of the committee is appointed by the Vice President of Students Affairs/their designee. A quorum shall consist of five members and a decision may be made by a majority of the quorum present.

Procedures

Any student charged to appear before the All-University Judiciary Committee must be informed in writing by the chair of the committee at least 48 hours before the time set for the hearing and of his/her rights as specified in these procedures. A copy of this Student Handbook is sufficient to describe the student's rights.

Any student referred to the All-University Judiciary Committee must appear at the time and place set for the hearing. If the student fails to appear without justifiable reason, their case shall be heard in absentia.

All relevant evidence will be admissible as determined by the chair.

Witnesses may testify.

Failure to give truthful and complete testimony at the hearing to the All-University Judiciary Committee is a serious offense and may lead to disciplinary action. All persons appearing before the All-University Judiciary Committee shall be informed of this fact.

A complete recording of the hearing will be made and be confidential saved within our conduct management system.

Order of Hearing

1. Charge. The chair of the All-University Judiciary Committee in the presence of the accused will read the charge.
2. Complainants and respondents involved in the complaint shall be informed of their rights, as follows:
   1. A student may remain silent.
   2. A student will not be forced to testify against themselves.
   3. A student may be assisted in their case by an IWU student, faculty member, an administrative staff member or person of their choosing, however, only the students involved in the complaint may address the All-University Judicial Committee.
3. Evidence in support of the charge, presented in the presence of the respondent.
4. Hearing of the respondent.
5. Evidence in support of the respondent.
6. The committee shall have the right to cross-examine any witness. If requested by the committee,  both the complainant and respondent and/or the complainant's and respondent's witnesses, having knowledge of the charge, will appear in the presence of both the complainant and respondent.
7. Deliberations by the committee (done in Executive Session)
   1. Determination of decision.
   2. Determination of action to be taken, if any.
8. Notification of both parties by the chair of the All-University Judiciary Committee of the decision of the committee and the appeal process. The decision and appeal process are to be confirmed in writing within 7 business days.

Decisions

1. When the Committee is a "court of first instance," it may reach one of the following decisions:
   1. Not Responsible
   2. Responsible
      1. with disciplinary action
      2. with no action
   3. Referral to appropriate office or agency for assistance
2. A simple preponderance of evidence (more likely than not) is the standard that must be met for a finding of responsibility.

Appeals (in AUJC Hearings)

Once a decision has been reached on a particular case by the All-University Judiciary Committee, the respondent or the complainant student may submit a written petition for appeal to the Vice President of Student Affairs (and Title IX Coordinator if Sexual Misconduct Case) within five business days after receiving written notice of the hearing decision.  A request for appeal must be based on one of the following reasons:

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

Process Review

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

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

Appeals Committee

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

Appeals Hearing Procedures

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

Scope of Response

The Appeals Committee may take the following action.

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

Finality of Appeals

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

From a decision by the Vice President of Student Affairs/Dean of Students or the Dean's designee:

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