(110 ILCS 25/4) (from Ch. 144, par. 2904)
Sec. 4.
Hearing required as prerequisite to finding of violation;
Procedures applying at hearing.
(a) No penalty may be imposed by a collegiate athletic association on
any institution of higher education operating in the State of Illinois, nor
shall any collegiate athletic association require or cause any institution
of higher education to impose a penalty on any student or employee, unless
the findings upon which the penalties are based are made at a formal
hearing in conformity with the rules in this Section. Any association may
adopt rules prescribing the procedures for such a hearing, including the
method of selecting a presiding officer; provided, that such rules are not
inconsistent with this Act.
(b) Any finding must be made in writing and supported by clear and
convincing evidence.
(c) Any individual employee or student who is charged with misconduct
must be notified in writing prior to the hearing of the specific charges
against that individual, that a hearing will be held at a specific date and
time to determine the truth of the charges, and that a finding that the
misconduct occurred may result in penalties imposed on the institution or
imposed by the institution on the individual. The institution shall also be
notified in writing of the hearing on the charges.
(d) Any person or institution so notified has the right to have counsel
present, to interrogate and cross-examine witnesses, and to present a complete
defense.
(e) The rules of evidence applying at civil trials in Illinois shall
apply at the hearings.
(f) Any individual charged with misconduct that might result in a
penalty, and the institution with which he or she is associated, shall be
entitled to full disclosure of all facts and matters relevant to the same
degree as a defendant in a criminal case and shall have the same right to
discovery as applies in criminal and civil cases.
(g) Any individual or institution may suppress at the hearing any
evidence garnered from any interrogation of any party if the evidence was
not procured in accordance with Section 6 or if obtained indirectly because
of interrogations not in conformity with Section 6.
(h) Any hearing shall be open to the public unless any party charged
with misconduct or the institution involved objects.
(i) No hearing may be held on any given charge unless commenced within 6
months of the date on which the institution of higher education first
receives notice of any kind from the association that it is investigating a
possible violation of its rules, or, in a situation in which the
institution itself brings the possibility of a violation to the attention
of the association, unless commenced within 9 months of the date any
notice is provided to the association. The running of the 6 or 9 month
period shall be tolled because of any delay occasioned by the institution
or individual being investigated, whether or not for good cause. Any
individual charged with a violation or the institution with which he or she
is affiliated may petition the circuit court for a determination of whether
the provisions of this subsection (i) have been violated prior to
proceeding with the hearing. The filing of any such petition tolls
the running of the 6 or 9 month period.
(j) Any findings made pursuant to the hearing under this Section are
subject to review in the circuit court based on the standard of whether
the findings are consistent with the manifest weight of the evidence.
(Source: P.A. 87-462.)
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