Top Navigation

Side Navigation

Judicial Hearings

What follows is the format of a Judicial Board hearing.

  1. The Chair introduces the board members and self; identifies the Defendant and Complainant, and notes the date and time of the hearing.
  2. The Chair reads the following statement:
    THE PURPOSE OF THIS JUDICIAL BOARD HEARING IS TO REVIEW RELEVANT INFORMATION CONCERNING CHARGES OF ALLEGED VIOLATIONS OF THE WESTERN ILLINOIS UNIVERSITY CODE OF STUDENT CONDUCT WHICH HAVE BEEN FILED AGAINST (STUDENT NAME). THE OPPORTUNITIES TO HAVE ONE'S CASE REVIEWED BY A JUDICIAL BOARD; TO BE ASSISTED BY AN ADVISOR; AND TO APPEAL THE OUTCOME OF A HEARING ARE PRIVILEGES GRANTED TO STUDENTS OF WESTERN ILLINOIS UNIVERSITY AS A MATTER OF INSTITUTIONAL POLICY. IT IS EXPECTED THAT ALL PERSONS WHO APPEAR BEFORE THIS BOARD SHALL PRESENT INFORMATION THAT IS TRUE AND ACCURATE TO THE BEST OF THEIR KNOWLEDGE. STUDENTS ARE ADVISED THAT THE INTENTIONAL PROVIDING OF FALSE INFORMATION DURING A HEARING WOULD CONSTITUTE A VIOLATION OF THE CODE OF STUDENT CONDUCT. THIS IS AN INFORMAL PROCEEDING. IT IS NOT A CRIMINAL TRIAL, NOR IS IT INTENDED TO RESEMBLE ONE. AS OUTLINED IN THE CODE OF STUDENT CONDUCT, A PREPONDERANCE OF THE EVIDENCE MUST BE SHOWN BY THE COMPLAINANT TO WARRANT A FINDING OF IN VIOLATION. THIS HEARING BOARD IS NOT REQUIRED TO OBSERVE FORMAL RULES OF EVIDENCE AND MAY EXCLUDE UNDULY REPETITIOUS OR IMMATERIAL INFORMATION. PARTICIPANTS IN THIS HEARING ARE EXPECTED TO TREAT ALL OTHERS WITH COURTESY AND RESPECT. ANY PERSON WHO DISRUPTS A HEARING OR FAILS TO ADHERE TO THE PROCEDURAL RULINGS OF THE BOARD CHAIR MAY BE EXCLUDED FROM THE PROCEEDINGS. YOU WILL NOTE THAT A TAPED RECORD OF THIS HEARING IS BEING MADE. A TAPE IS MADE OF EACH JUDICIAL BOARD HEARING FOR THE PURPOSE OF RETAINING A VERBATIM RECORD OF THE PROCEEDINGS IN THE EVENT THAT AN APPEAL OF THE OUTCOME IS FILED.
  3. The Chair shall read the general and specific charges.
  4. The Chair shall request that the Defendant enter a plea to each charge.
  5. If the plea is in violation to all charges:
    1. Allow the Complainant first and then the Defendant to make statements. The Chair may set a reasonable time limit in advance (e.g., EACH SIDE WILL BE GIVEN 15 MINUTES TO PRESENT ITS VIEWS). The Defendant is to remain silent while the Complainant gives his/her statement, and vice/versa. The Board may ask questions of either party for clarification. When this is completed, proceed to #8.
    If a plea of not in violation is entered to any charge, proceed as follows:
    1. The Complainant bears the burden of proof and shall be directed to present his/her case. The order will be as follows:
      1. Statement by Complainant
      2. Questioning of Complainant by Board
      3. Questioning of Complainant by Defendant through Board
      4. Statement by Complaintant Witness. As called, each Witness shall be directed to identify him/herself for the record and shall be reminded of hearing protocol (i.e., to present true information and to treat others with courtesy and respect)
      5. Questioning of Witness by Board
      6. Questioning of Witness by Complainant through Board
      7. Questioning of Witness by Defendant through Board
      The defendant shall be directed to present her/his case. The order will be as follows:
      1. Statement by Defendant
      2. Questioning of Defendant by Board
      3. Questioning of Defendant by Complainant through Board
      4. Statement by Defense Witness. As called, each Witness shall be directed to identify him/herself for the record and shall be reminded of hearing protocol (i.e., to present true information and to treat others with courtesy and respect)
      5. Questioning of Witness by Board
      6. Questioning of Witness by Defendant through Board
      7. Questioning of Witness by Complainant through Board
  6. The Chair shall ask the Board ARE THERE ANY ADDITIONAL QUESTIONS THE BOARD WOULD LIKE TO DIRECT TOWARD EITHER THE COMPLAINANT OR DEFENDANT PRIOR TO THE PRESENTATION OF SUMMARY STATEMENTS? If affirmative, such questioning will proceed. The Board may request the recall of witnesses for questioning.
  7. Summary statements. The Complainant bears the burden of proof and shall go first. The Defendant is to remain silent as the Complainant presents her/his statement, and vice versa.
  8. Prior to dismissing the Complainant and Defendant, the Chair will describe the decision-making and notification process.
  9. The Board will commence deliberation regarding findings and, where appropriate, sanction. The Adjudication Report is completed and forwarded, along with the tape and other hearing information, to the Director of Student Judicial Programs.

SJP Staff

  • Tim Sheridan, Director
  • Jessica Mueller, Assistant Director
  • Diane Garlisch, Secretary

Contact

Student Judicial Programs
Seal Hall
1 University Circle
Macomb, IL 61455

Email: TP-Sheridan@wiu.edu

Phone: (309) 298-2436
Fax: (309) 298-1203