Western Illinois University: Macomb Campus
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File code: ADM.PSAFETY.POL
Approval Date: 2/23/88
Approved By: President
Policy on the Relationship Between the Office of Public Safety and the Student Judicial Programs Office
- When the Office of Public Safety is involved in the investigation
of or response to any student activity which appears to violate the
Western Illinois University Code of Student Conduct, the Student Judicial
Programs Office will be delivered a copy of the investigating officer's
report as soon as possible after the report has been prepared (within
24 hours excluding weekends). Attached to the report will be any statements,
including confessions taken from alleged offenders, witnesses, or others
having information which may have value as supporting evidence. (Statements
given in confidence by informants are excluded from this requirement.)
The Student Judicial Programs Office will use the public safety officer's report and accompanying information to prepare the University's statement of complaint. Copies of public safety officer reports, public safety obtained confessions from alleged violations, and public safety obtained witness statements may be presented as evidence at student disciplinary hearings, and when they are, they will be included in University maintained student records. The Office of Public Safety and the Student Judicial Programs Office will make the determination regarding what evidence needs to be presented to support the University's case in student disciplinary hearings.
- In those cases in which physical evidence exists; i.e. drugs, firearms
or other weapons, stolen property, photographs, videotapes, etc.; the
Student Judicial Programs Office will be informed of the existence of
such evidence. Generally, the presentation of actual physical evidence
acquired by the Office of Public Safety will not be required in University
disciplinary hearings. Rather, an authoritative, detailed written description
; i.e. lab report of substance analysis, Return of Search Warrant, etc.;
or photograph of the physical evidence presented by an officer or other
person who can verify its authenticity will, in most cases, suffice
in terms of presenting that information in a campus disciplinary hearing.
On those rare occasions when the Student Judicial Programs Office believes that acquired physical evidence, as defined in the previous paragraph, has critical value as supportive evidence and needs to be presented in a campus hearing, the Assistant Vice President for Student Services will consult with the Director of Public Safety and the State's Attorney to review the status of the evidence. After consultation, the Assistant Vice President for Student Services will make the final determination of if, when, and under what conditions the physical evidence will be made available for a student judicial hearing.
- The Student Judicial Programs Office will be responsible for the
processing of all cases through the University's student judicial
Upon review of the evidence, the Student Judicial Programs Office will determine which persons will be needed to testify in a hearing. The Student Judicial Programs Office will assume the responsibility for notifying those individuals whose testimony is needed. Generally, officers who personally witnessed incidents, participated in the apprehension of the alleged offender, or authored the police report will be requested to appear at hearings.
When an officer from Public Safety is needed to present testimony in a student disciplinary hearing, a request will be made to the Director of Public Safety or his/her designee. Cooperative arrangements can then be made to schedule duty or hearings to meet both Office of Public Safety and University student judicial system needs.
- During on-going investigations, where there is a need to protect the investigative process, the Assistant Vice President for Student Services and/or the Director of Student Judicial Programs and the Director of Public Safety will consult on the appropriate timing and scheduling of any campus disciplinary cases which may result because of the investigation(s).
- In cases of alleged serious offenses; i.e. arson, armed robbery, homicide, etc.; consultation between the Student Judicial Programs Office, Public Safety, and the State's Attorney will be standard procedure to arrange for the use of witnesses and evidence in the student disciplinary hearing in a manner which will not preclude successful criminal prosecution.
- The Office of Public Safety and its staff will not be held responsible for the manner in which Public Safety developed materials and reports are handled and utilized as a result of University judicial system hearings.