Article IV

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Miscellaneous

Section 4.01 – Subcommittee Member Selecton and Removal

  1. Goal. In order to staff the graduate and undergraduate disciplinary subcommittees, students and faculty are encouraged to apply for this opportunity. Information is sent to the Registered Student Organization office, department heads within Student Affairs and various campus offices requesting that they encourage interested students to serve. The membership of the subcommittees should strive to be representative of the diverse make-up of the university community. The Board of Fraternity Affairs, Board of Sorority Affairs, Veterinary Medicine and Law School subcommittee selection processes are noted in the appendices of this document.
  2. Minimum qualifications of student members. Minimum qualifications of student members are:
    1. A student enrolled full-time at the UIUC campus.
    2. Approximately two full semesters still required for the degree.
    3. Good academic standing with at least a 2.5 grade point average.
      Note: The selection committee may consider information about applicants currently subject to any disciplinary sanction or pending disciplinary action.
  3. Minimum qualifications of faculty members. Minimum qualifications of faculty members are:
    1. A faculty member with a faculty appointment.
    2. Primary appointment to the UIUC campus.
    3. Demonstrated experience teaching, advising, and/or developing students.
  4. Solicitation Process. A Search Committee will be appointed by the Senate Committee on Student Discipline generally no later than the first week of class of the Spring Semester. It will consist of the Chair of the Senate Committee on Student Discipline, or their designee, as Chair of the Search Committee, one faculty member and one undergraduate student member of the Senate Committee on Student Discipline, and one faculty member and one undergraduate student member of the subcommittee on Undergraduate Student Conduct.
  5. Appointment. The Search Committee will submit a slate of nominees to the Senate Committee on Student Discipline generally no later than May 1. The Senate Committee on Student Discipline shall appoint the members of its subcommittee(s) on Student Conduct. Appointments will be effective on the first day of classes of the succeeding fall semester. The appointment term is for one (1) year. Appointment for an additional term may occur upon recommendation by the Senate Committee on Student Discipline.
  6. Emergency Appointments. Emergency, one-time appointments to a subcommittee may be made by the Executive Director if that appointee has been previously trained on the disciplinary procedures.
  7. Interim Appointments. Interim appointments beyond one week shall be appointed by the Senate Committee on Student Discipline and must be appropriately trained on the disciplinary procedures before engaging in the process.
  8. Chair. The subcommittee Chair must be a member of the faculty.
  9. Removal. A subcommittee member may voluntarily terminate their appointment at any time. A member may be involuntarily removed from service for cause. Examples of removal for cause are:
    1. Failure to attend two (2) hearings without prior notice;
    2. Breach of confidence;
    3. Poor performance;
    4. Disruptive behavior; or
    5. Acting in a manner that is not in the best interest of the university.
  10. Removal Process. Requests to involuntarily remove a member for cause shall be brought to the attention of the Executive Director. The Executive Director shall submit valid requests for removal to the Chair of the SCSD. The SCSD shall have ultimate authority to consider or refuse to consider a request for removal.

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Section 4.02 – Student Petitions

  1. Petitions to the Appropriate Subcommittee on Student Conduct
    1. Persons who have been dismissed from the university for disciplinary reasons may petition for permission to re-enter the university.
    2. A petitioner is not a member of the university community. Petitioners must demonstrate that they are fit to return to the academic community, not simply that they have completed all listed sanctions in the dismissal letter.
    3. In order for a petition to be considered:
      1. The petition must be filed before November 1 for fall petition requests and before March 15 for spring petitions;
      2. The petitioner must provide documentation that all educational requirements and conditions have been fully and completely satisfied.
    4. This petition should minimally include:
      1. A description of the incident(s) for which the sanction was assigned and the responsibility the student had in the violation;
      2. A description of the behavioral changes the petitioner has made since the incident(s) and completion of the sanction(s);
      3. The petitioner’s anticipated graduation date and the career and/or additional education plans he/she has following graduation.
    5. The petitioner will be invited to appear in person before the appropriate subcommittee to discuss the petition and any additional materials in a ten minute statement. The petitioner may invite an advisor to the petition, but this advisor may not actively participate in the petition hearing.
    6. Witness testimony will not be permitted. Any witness testimony may be presented by written affidavit.
    7. Petitions to the subcommittee may not be appealed by the petitioner and are therefore not audio recorded. However, the Dean of Students may appeal a petition decision that is manifestly unfair to the university or the petitioner.
    8. The decision of the subcommittee will be made by a simple majority vote of members present, including the Chair. In the event of a tie vote, the petition will be denied.
    9. The subcommittee may:
      1. Deny the petition and assign a new date and new requirements for the next consideration of the petition;
      2. Grant the petition and allow the petitioner to pursue the readmission process.
    10. Student petitioners granted permission to pursue readmission are assigned the formal sanction of Conduct Probation until Graduation. A subcommittee may assign a lesser formal sanction if strong mitigating factors warrant such action.
    11. The subcommittee’s decision to grant the petitioner the right to pursue the readmission process does not abrogate the right of any college to deny readmission on the basis of scholarship.

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Section 4.03 – Procedures in Cases of Interim Suspension by the Chancellor

  1. In General. The Chancellor's power of interim suspension exists independently of the jurisdiction of the Senate Committee on Student Discipline. The Chancellor will develop and implement procedures to assure both effective disposition and due process. Should the Chancellor choose to refer the matter, the Senate Committee on Student Discipline will conduct a preliminary hearing in order to assure that the interim suspension pending a formal hearing remains necessary.
  2. Procedures for the Preliminary Hearing.
    1. A special subcommittee of the Senate Committee on Student Discipline shall be appointed by the Chair of the SCSD to conduct a preliminary hearing. The special subcommittee shall review the circumstances of the suspension within 24 hours of referral of the matter. The preliminary hearing may be held at a later date upon request of the Administration or of the respondent(s) if good cause is shown, or upon the initiative of the subcommittee if it appears that a hearing could not reasonably be conducted within this time period.
    2. The special subcommittee shall be composed of three members of the Senate Committee on Student Discipline who shall be two faculty members and one student. The Executive Director shall be an ex-officio member.
    3. The Preliminary Hearing shall be limited to the question of whether continuation of the suspension is necessary to avoid an obvious danger to the university community.
    4. The Chancellor or designee shall present to the special subcommittee information relating to (a) the reason(s) for invoking suspension; (b) the reason(s) for seeking continuation of the suspension; (c) the prior disciplinary record of the respondent; (d) and any other information considered by the Chancellor in making their decision
    5. The respondent(s) shall be invited to attend the Preliminary Hearing of the subcommittee and shall be permitted to present information relating to the incident, their background, and academic record which may be relevant to the subcommittee’s decision.
    6. Depending upon the class status of the respondent(s), the Dean of Students for undergraduate students, the Dean of the College of Law for law students, the Dean of the College of Veterinary Medicine for veterinary medicine students, or the Dean of the Graduate College for graduate students, or their respective delegates, may be invited to participate in the Preliminary Hearing.
    7. Respondent(s) shall be permitted to invite an advisor to the Preliminary Hearing, but this advisor may not actively participate in the process.
    8. The subcommittee shall meet in executive session and may (a) continue the suspension, (b) remove the suspension, or (c) remove the suspension upon condition(s).
    9. If the suspension is continued, the matter shall be referred directly to the appropriate subcommittee on student conduct or to an appointed DO for consideration as a matter of immediate priority. If removed, the matter will be referred directly to the appropriate subcommittee on student conduct or to an appointed DO for consideration in due course.
    10. If the interim suspension is removed or ultimately the student is allowed to resume classes after a full hearing, the Chancellor’s office shall communicate with the respondent’s course instructors to facilitate make-up exams and assignments.
    11. The interim suspension shall not be reflected on the respondent's transcript.
    12. If the final hearing decision is appealed to SCSD, the three members of the special subcommittee may not be present at the appeal.
    13. The respondent may waive their right to a preliminary hearing, in which case the matter will be referred to the appropriate subcommittee on student conduct.

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Section 4.04 – Garrity Procedures

The Senate Committee on Student Discipline has established procedures, available on request of the respondent, for student discipline cases where there is a possibility of dismissal to attempt to protect the respondent's Fifth Amendment Privileges against self incrimination for any current or future criminal charge as provided for under Garrity v. New Jersey, 385 U.S. 493, 87 Sup. Ct. 616, 1967.

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Section 4.05 – Access to Records and Record Retention

  1. Access. Respondents and alleged victims are permitted to view disciplinary records and files. Hard copies will not be provided unless a failure to provide copies would prevent an eligible party from accessing the necessary information. Electronic copies will not be provided under any circumstances.
  2. Record Retention and Release. Disciplinary records will be retained for a minimum of seven years. Disciplinary records are subject to release according to the retention policies dictated by the controlling formal sanction as outlined in Section 2.04 above.

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Section 4.06 – No Contact Directives

  1. Authority. University disciplinary officers are among those responsible for the enforcement of student behavioral standards and, when possible, the prevention of violations of the Student Code. In addition, students are expected to comply with the reasonable directions of university officials acting in the performance of their duties. For these reasons, the Senate Committee on Student Discipline recognizes the right of disciplinary officers to direct an individual subject to student discipline, as described in §1-301(c) of the Student Code, to have no contact with one or more other persons.
  2. Expectations of Recipients. A university No Contact Directive prohibits all oral, written, or third party communication between the identified parties. In addition, the issuing disciplinary officer will evaluate deliberate nonverbal acts intended to provoke or intimidate a protected party as possible violations of the directive. Furthermore, although there is no specific physical distance requirement that must be maintained, all parties are advised to leave the vicinity if they encounter one of the other parties. Repeatedly failing to do so will be evaluated as a possible violation. The disciplinary officer may modify these expectations on a case-by-case basis.
  3. Violations. If a No Contact Directive recipient fails to comply with the directive, they will face disciplinary action for violating §1-302(g) of the Student Code. The Senate Committee on Student Discipline recommends dismissal from the university in such cases. Please note that students who request No Contact Directives against other students thereby agree to be held to the same stipulations and will also face disciplinary action for initiating contact with the other party.
  4. Procedures.
    1. Notice. If, based upon a report received or a direct request from a member of the university community, a disciplinary officer believes that a No Contact Directive is warranted, the disciplinary officer will notify all recipients in writing, typically by email. The directive will be effective when the notification is sent and will last until further notice if no end date is specified. The University of Illinois Police Department is also notified of all No Contact Directives for informational purposes only.
    2. Meeting. The issuing disciplinary officer will attempt to meet with all recipients. At this meeting, the disciplinary officer will explain their expectations in detail as well as the consequences for noncompliance. The recipient will also be given an opportunity to explain to the issuing disciplinary officer why the No Contact Directive should not be continued.
    3. Modifications. If the issuing disciplinary officer decides that modifications or exceptions to the No Contact Directive are necessary, they will communicate these changes to all parties in writing, typically by email.
    4. Rescission. A No Contact Directive may only be rescinded by the issuing disciplinary officer, the issuing disciplinary officer’s supervisor, the Executive Director, or, if the directive has been issued as part of an investigation, by the hearing body responsible for deciding the case.
  5. Status of Record. Unless issued as a sanction in a disciplinary case, a No Contact Directive does not, on its own, constitute a disciplinary finding against the student and is not part of the student’s official disciplinary record. As such, it would not be reported as part of a routine disciplinary background check. A No Contact Directive issued as a sanction in a disciplinary case is subject to release according to the retention policies dictated by the controlling formal sanction as outlined in Section 2.04 above.

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