Thompson Quoted in Cedar Rapids Gazette

In an article “Judicial Budget Woes Delay Eastern Iowa Cases” on December 26, 2012, Mr. Thompson was quoted regarding his experience with the financial cutbacks.  Please see the full article here: http://thegazette.com/2012/12/26/east-iowa-officials-say-tight-funding-hampers-court-system/

Johnson County Jail Inmate Information Now Online

The Johnson County Jail has now provided online information regarding their current inmates. Please follow the link for information:

https://ww1.johnson-county.com/Sheriff/JailRoster/index

Johnson County Attorney’s Alcohol Diversion Program Cancelled

A conversation with the Assistant County Attorney in charge of the simple misdemeanor alcohol diversion program has revealed that it will NOT be revived this fall. There are no plans to revive it in the future. This means that PAULA and Public Intoxication charges can no longer be diverted.

Press Release From Iowa State Bar Regarding Vander Plaats’ False Statements

The Iowa State Bar Association responds to misleading information
in Family Leader message

The Iowa State Bar Association issued a statement Sunday to correct misinformation
contained in a quote by Bob Vander Plaats during a Saturday gathering organized by the Family
Leader organization.

Vander Plaats was quoted as saying that the Iowa Supreme Court justices who ruled in the
same-sex marriage case in 2009 went “outside of the constitution” and “outside your [their]
separation of powers” and “amend [amended] “the constitution from the bench.”

The truth is Justice Wiggins and the other Iowa Supreme Court justices who ruled
unanimously in the Varnum decision on same-sex marriage did not “go outside of the constitution.”
Iowa’s constitution proclaims that all citizens are to be treated equally. The justices simply applied
the equal protection clause of the constitution.

The court and Justice Wiggins did not “amend the constitution from the bench.” They applied
the constitution. The constitution remains the same.

Removing more justices will not change the law; only Iowa’s legislature can do that by
amending the state’s constitution.

Removing more justices will only serve to weaken our courts and deny individual freedoms
and liberty.

“The courts are the final guardians of our freedom and liberty,” said ISBA President Cynthia
Moser. “The scare tactics and misinformation being used by Mr. Vander Plaats do all Iowans a
tremendous disservice.”

Iowans, even those who may disagree with a ruling, should reject efforts to further politicize
our courts. Iowa judges should not be politicians who rule in return for votes.

“Bob Vander Plaats’ efforts to politicize justice in Iowa is good for no one, including those
who may disagree with a court ruling,” added Guy Cook, ISBA president-elect and chair of the
association’s Fair and Impartial Courts Committee.

We urge Iowans to become as knowledgeable as possible about Justice Wiggins and the other
73 judges up for retention in order to make an informed decision in the voting booth. Iowa’s courts
consistently rank in the top five in the nation for being fair. Iowans have a reputation for being open-
minded and fair. It would be a shame to throw away that record and that reputation.

The Iowa State Bar Association is a voluntary organization of more than 8,000 lawyers and
judges who are licensed to practice law in the state of Iowa. Oldest of the voluntary bar associations
in the country, The ISBA has been in continuous operation since its founding in 1874.

The Iowa State Bar Association can be reached here.

Johnson County Alcohol Diversion Program Suspended

The local Alcohol Diversion program (PAULA, Public Intoxication) has been suspended for the summer.  Below is a statement from the County Attorney’s office:

As of May 30^th  the Johnson County Attorney’s Office Alcohol Diversion Program will be suspended for the summer. This summer, we will be reviewing the program to determine whether it will continue this fall when school starts again.

The last screening session will be May 30^th , 2012 from 3:30-4:30.  After that date we will no longer accept new participants.

University of Iowa Code of Student Life

It is important for every student attending the University of Iowa to be familiar with the Code of Student Life.  The 2011-2012 code is published on the University’s website, and can be found reproduced below or by following this link.

Code of Student Life (2011-2012 academic year)

Copied below is the 2011-12 academic year version of the Code of Student Life, whose rules are applicable for complaints occurring on or after August 15, 2011.

For any incidents before August 15, 2011 please use the 2010-2011 Code of Student Life.

Section A: Introduction

As expressed in the IOWA Challenge, University of Iowa students are called to excel academically, stretch to embrace diversity, engage in positive student life and leadership, choose a healthy lifestyle, and serve the community.

In order to maintain a safe campus where students can meet the IOWA Challenge, the University of Iowa has adopted the Code of Student Life. The Code of Student Life sets forth standards of student behavior and conduct necessary for the maintenance of a campus where ideas are freely exchanged, University property and processes are safeguarded, and conflicts are peacefully resolved. Each University of Iowa student has an obligation to know and adhere to the Code of Student Life, and each University of Iowa student shall be conclusively presumed to have knowledge of the contents of the Code of Student Life from the date of the student’s initial registration at the University.

Pursuant to the Iowa Administrative Code, the President is the Chief Administrative Officer for the University of Iowa. The President has nominated, and the Board of Regents has appointed, a Vice President for Student Life with overall responsibility for student-related matters, including but not limited to student conduct and discipline. The Vice President for Student Life has, in turn, delegated considerable authority for the establishment of rules and handling of violations to the Dean of Students. The Dean of Students has also granted some discretion for establishing rules and handling certain rule violations to the professional staff of University Housing & Dining.

In accordance with the authority granted to the Dean of Students, the following student conduct rules are set forth:

Section B: Definitions

The following definitions shall apply to the Code of Student Life.

1) The term “campus” means property owned, leased, used, or controlled by the University of Iowa, and also includes streets, sidewalks, and pathways adjacent to or in the immediate vicinity of University property.

2) The term “student” means all persons: (a) admitted to any academic program; (b) registered or enrolled in courses at the University, either full-time or part-time, including (but not limited to) distance learning courses); (c) not currently enrolled for a particular term, but who have a continuing relationship with the University; or (d) enrolled in a University-sponsored program, including (but not limited to) orientation, study abroad, or the 2 Plus 2 plan.

3) The term “University” means the University of Iowa, as well as any affiliated programs and campuses, including (but not limited to) University programs or campuses located outside of the State of Iowa.

4) The term “weapon” means serviceable firearms, ammunition, explosives, fireworks, or other dangerous articles, paintball markers and other devices that fire projectiles, and devices that resemble serviceable weapons such as a pellet gun or toy gun that a reasonable observer would believe to be a handgun.

Section C: Scope

The Code of Student Life covers acts of University students occurring on campus, as well as on property owned, leased, or controlled by a fraternity, sorority, or student organization. The Code of Student Life also covers conduct and behavior occurring off campus, including online behavior, which affects a clear and distinct interest of the University as determined by the Dean of Students. In exercising this jurisdictional discretion, the Dean will establish if the behavior negatively impacts the achievement of the University’s academic goals, the safety and freedom of individuals, or the orderly operation of the University. Without attempting to be exhaustive, the following are examples of situations that could affect a clear and distinct interest of the University: (1) conduct occurring at a University-sponsored activity or sporting event; (2) conduct occurring while the accused or complainant was acting in an official capacity for the University; (3) conduct which constitutes a violation of federal, state, or local law or ordinance; (4) conduct which violates University rule or policy; and (5) conduct which demonstrates a threat to campus safety and security. Violations of this policy involving violent conduct, alcohol, or drugs occurring in Johnson County, Iowa are presumed to affect a clear and distinct interest of the University.

The Code of Student Life applies whether or not the University is in session. The Code of Student Life is applicable to a student from the time of application for admission through the actual awarding of a degree, even though the conduct which violates the policy may not be discovered until after a degree is awarded. Withdrawal of an accused student while a disciplinary matter is pending shall not defeat jurisdiction under this section. In addition, conduct which violates the Code of Student Life and engaged in prior to admission or after withdrawal from the University may be taken into account in decisions on admission or readmission, and may also be grounds for filing disciplinary charges after admission or acceptance into a program.

In those cases where a complaint for misconduct in violation of the Code of Student Life is filed against an individual not currently registered as a student, the complaint may proceed to adjudication or the Dean of Students may elect to restrict the individual’s registration and resolve the complaint later when the individual seeks to re-enroll. In the event that an individual named in a complaint has satisfied the academic requirements for a graduate or undergraduate degree, the individual may not receive his or her degree until the complaint is resolved.

Proceedings under the Code of Student Life may be initiated against students charged with a violation of a federal, state, or local law or ordinance. Proceedings under the Code of Student Life may be carried out prior to, simultaneously with or following civil or criminal proceedings. Decisions about the timing of University proceedings will be within the sole discretion of the Dean of Students.

Section D: Prohibited Conduct

Any student found to have committed any of the following acts within the scope of this policy as it is defined in Section C shall be subject to discipline by the University.

Dishonesty

1) Academic Misconduct: Any dishonest or fraudulent conduct during an academic exercise, such as cheating, plagiarism, or forgery, or misrepresentation regarding the circumstances of a student’s non-attendance, late assignment, or previous work or educational experience, or aiding or abetting another person to do the same. “Dishonest” conduct includes, but is not limited, to attempts by students to cheat or misrepresent, or aid or abet another person to do the same, whether or not the attempts are successful. Academic exercises covered by this rule include classroom assignments (such as examinations, papers, or research) and out-of-classroom activities (projects, practicum, internship and/or externship assignments off campus, or University employment, for example) that are related to an academic program at or through the University. A “classroom” can be a lecture hall, discussion room, laboratory, or clinic, for example. The acquisition of honors, awards, or degrees, or academic record notations, course enrollments, credits, or grades, or certifications (including language proficiency or professional licensure or other endorsement) by any dishonest means is strictly prohibited. Resolution of academic misconduct complaints will be handled within the college or department concerned, with provision for review (see Part C, Academic Misconduct).

2) Collusion: The aiding, abetting, assisting, or attempting to aid or assist another student to commit a violation of any rule(s) in the Code of Student Life.

3) Use of Fabricated or Falsified Information: The furnishing of false information to any University employee, faculty member, or office, as well as the forgery, alteration, or misuse of any University document, record, or identification.

4) Bribery: Offering or causing to be offered any bribe or favor to any University employee or faculty member in an attempt to influence a decision or action.

Interference With University Operations

5) Failure to Comply with University Directive: A failure to comply with directions of any member of the University faculty or staff acting in the performance of the faculty or staff member’s duties, or a failure of the student to identify himself or herself to a University faculty or staff member when requested to do so.

6) Disruption of University Activities: Disruption or obstruction of teaching, research, operation, administration, access to facilities, pedestrian or vehicular traffic, emergency services, investigations, disciplinary proceedings, or other University activities on or off campus. This rule also prohibits the disruption of authorized non-University activities on campus. Inciting others to participate in the Disruption of University Activities also violates this section.

7) Demonstrations Inside University Property: Protests or demonstrations within the interior of any property owned, leased or controlled by the University, except as specifically authorized by the University and subject to reasonable conditions imposed to protect the rights and safety of other persons and to prevent damage to property.

8 ) Disruption in a Classroom or Other Instructional Setting: Willful failure to comply with a reasonable directive of the classroom instructor or other intentional conduct that has the effect of disrupting University classroom instruction or interfering with the instructor’s ability to manage the classroom. When disruptive activity occurs, a University instructor has the authority to determine classroom seating patterns or require that a student exit the classroom, laboratory, or other area used for instruction immediately for the remainder of the period. Instructors who impose a one-day suspension are asked to report the incident to appropriate departmental, collegiate, and Student Life personnel.

9) Disruption of Safety: Tampering with or improper activation of a fire alarm; false reporting of an emergency or terroristic threat in any form; issuing a threat of a bomb or use a chemical or biological agent.

10) Trespassing: Unauthorized entry into or occupation of any University room, building, or area of the campus, including such entry or occupation at any unauthorized time, or any unauthorized or improper use of any University property, equipment, or facilities. Unauthorized possession, use, or duplication of University keys, cards, codes, or other methods of access also violates this rule.

11) Abuse of the Student Conduct System. Disruption or interference with the orderly conduct of a proceeding governed by the Student Judicial Procedures; falsification, distortion, or misrepresentation to a University investigator, official, or hearing officer as part of the Student Judicial Procedures; or failure to comply with interim or final sanction(s) imposed pursuant to a complaint and hearing governed by the Student Judicial Procedures.

12) Violative Conduct. Any conduct or action in which the University can demonstrate a clear and distinct interest as an academic institution and which seriously threatens (a) any educational process or other legitimate function of the University or (b) the health or safety of any member of the academic community.

Violations of Law or Policy

13) Violation of University Policy. Violation of any University policy, rule, or regulation published in hard copy or available electronically on the University website. A violation of a rule, policy, or regulation of a department residence hall, office, facility, or of a rule, policy, or regulation of the Board of Regents, State of Iowa, also violates this section.

14) Misuse of IT Resources: Violations of the University’s Acceptable Use of Information Technology Resources policy; disruption of access of other students, faculty, or staff members to University computer and IT resources; obtaining or using a password or account assigned to another person without permission from that person; use of University computer and IT resources to interfere with the rights of others, including damaging programs or equipment belonging to another, sending harassing or threatening material, accessing confidential information without proper authorization, or duplicating copyrighted software unlawfully; or downloading from the internet and/or uploading to the internet a copyrighted music file or video file using University computer equipment, University IT, or the University network without express permission from the copyright holder. Attempts to commit any of the acts proscribed in this section violate this rule. Assisting another person to commit acts that violate this rule constitutes an independent violation of this section.

15) Use or Possession of Weapons. Use or possession of weapons on campus or on property owned, leased, or controlled by a fraternity, sorority, or student organization.

16) Illegal Use or Possession of Alcohol. Consumption, possession, distribution, or sale of alcoholic beverages in violation of the law.

17) Impermissible Use or Possession of Alcohol. Consumption, possession, distribution, or sale of alcoholic beverages in violation of any University policy, including but not limited to rules relating to alcohol possession in residence halls or University buildings.

18) Illegal Use or Possession of Drugs. Consumption, possession, distribution, or sale of drugs, narcotics, or other controlled substances in violation of law.

19) Impermissible Use or Possession of Drugs. Consumption, possession, distribution, or sale of drugs, narcotics, or other controlled substances in violation of any University policy, including but not limited to rules relating to drug possession in residence halls or University buildings.

20) Criminal Conduct. A violation of any federal, state, or local law or ordinance.

Harm to Persons or Property

21) Theft/Vandalism. Theft or attempted theft; burglary; unlawful possession of stolen property; attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, University Bill account information, or personal check; willful destruction, damage, defacement or mutilation of property which doesn’t belong to the student; misuse or misappropriation of University property.

22) Arson/Fire Violations: Intentional setting of fires in any University building or on the campus without proper authority; unauthorized tampering with or activation of fire prevention equipment in any University building or on the campus.

23) Assault/Harassment. Assaulting, threatening, stalking, physically abusing, unduly harassing, or endangering the health or safety of any person. Personal conduct perceived as threatening or harassing is considered a violation of the Code of Student Life under a reasonable person standard even if the student did not intend to discomfort the party who felt threatened or harassed.

24) Hazing. Any intentional or unintentional reckless action or situation, with or without consent, that endangers a student or creates risk of injury, mental or physical discomfort, harassment, embarrassment, and/or ridicule for the purpose of initiation into, affiliation with, or as a condition for continued membership in any student organization, fraternity, sorority, or team recognized by the University of Iowa Student Government or by any other University sponsor or department. Hazing may occur on or off campus. Acts of hazing include, but are not limited to: compulsory alcohol or drug consumption; physical brutality; psychological cruelty; public humiliation; morally degrading activities; forced confinement; creation of excessive fatigue; required removal or destruction of public or private property; or any other activity that endangers the physical, mental, psychological, or academic well being and/or safety of an individual.

25) Unauthorized Audio/Video. Any actual or attempted unauthorized use of electronic or other devices to make an audio or video record of any person without prior knowledge or consent, when such a recording is likely to cause injury or distress to the subject of the audio or video record. Unauthorized photographs or video of a person in a locker room, restroom, or bedroom are examples of conduct which violates this rule.

Section E: Construction and Amendment

These regulations shall be construed so as not to abridge any student’s rights under the Constitution of the United States or the Constitution of the State of Iowa.

The code may be amended at any time by authority of the President of the University. Amendments are effective upon approval of the President and publication on the Dean of Students website, provided that students have been notified of the amendment by mass electronic mailing, which will be conclusively presumed as adequate notice to all students. A full and complete text of the Code of Student Life and other general University rules and regulations of personal conduct currently in effect, including all amendments, shall be on file in the Office of the Dean of Students at all times and shall be available for inspection by students.

University of Iowa Student Judicial Procedure

The University of Iowa publishes its rules of procedure for violations of the Code of Student Life.  These official procedures for 2011-12 can be found below, or by following this link to the University’s website.

Student Judicial Procedure (2011-2012 academic year)

Copied below is the 2011-2012 academic year version of the Student Judicial Procedure, which is applicable for complaints filed on or after August 15, 2011.

For any complaints filed before August 15, 2011 please use either the 2010-2011 Judicial Procedures for Alleged Violations of the Code of Student Life or 2010-2011 Judicial Procedures for Allegations of Sexual Misconduct.

University of Iowa Student Judicial Prcedure Flowchart

2011-2012 Student Judicial Procedure

1. Introduction. The University of Iowa’s Student Judicial Procedure is designed to provide a process to investigate and resolve alleged violations of University policies by students.
The student conduct system is not a substitute for the civil or criminal court system. Rather, the Student Judicial Procedure provides a mechanism for the University to determine if University rules have been violated and act in accordance with the findings.

2. Jurisdiction. This Student Judicial Procedure generally governs complaints that accuse students of violating University policies, except for complaints of academic misconduct, abuse of a service privilege, or misconduct in University Housing.

Allegations of academic misconduct are handled under the procedures in Part C. Complaints of abuse of service privileges, such as overdue library books, parking violations, intramural sports infractions, and misuse of placement offices and computer services, are resolved within the particular department that provides the service in question.

Complaints against student University employees, who generally serve in an at-will capacity, may be resolved under this process or under policies or procedures applicable to that employment, if any.

For complaints which occur in University Housing facilities, the Dean of Students may resolve the complaint under the Student Judicial Procedure or utilize the Housing disciplinary procedure.

3. Complaint. A complaint that a student policy has been violated may be brought by any person, or by the University itself. The complaint will ordinarily be in writing.

Complaints that involve any allegations of sexual misconduct, dating violence, or stalking will be forwarded to the Office of the Sexual Misconduct Response Coordinator. Complaints of most other type will ordinarily be forwarded to the Office of the Dean of Students. Complaints involving alleged violations of other University policies (for example, the Human Rights Policy and the Anti-Harassment Policy) may be referred to the appropriate University office(s) for investigation and/or adjudication.

If a sexual misconduct, dating violence, or stalking complaint was filed by a person other than the victim, the Dean of Students will notify the victim of the complaint and will determine whether the victim wants the University to move forward with investigating the complaint. When determining whether to honor an victim’s request to refrain from investigating and taking further action on a complaint, the Dean of Students will consult with the Office of the Sexual Misconduct Response Coordinator and should consider the nature of the alleged violation, any other complaints that may have been lodged against the student alleged to have committed the policy violation, and the likelihood of further policy violations or danger to any person. In some cases, the University may need to move forward with an investigation contrary to a victim’s wishes. In those cases, victims are not obligated to participate in the process and will be notified that an investigation is moving forward.

4. Investigation. The Dean of Students may assign a judicial administrator to investigate a complaint against a student. In cases where the allegation may relate to violations of University policies that contain separate procedures, the Dean of Students will consult with any department responsible for investigating under the separate University policies. The Dean of Students and the responsible department shall agree upon the judicial administrator and the applicable procedures. In some cases, there may be more than one administrative investigation and more than one administrative procedure to resolve a complaint.

During the investigation, both the victim and the student allegedly responsible for the policy violation will be allowed to do all of the following: bring an advocate (who may be a certified victim advocate) and advisor (who may be an attorney at the student’s expense) to any meeting with the judicial administrator; meet with the judicial administrator and tell the student’s story; submit documents and other relevant evidence to the judicial administrator; identify witnesses who may have information relevant to the complaint; and receive periodic updates as to the status of the investigation upon request to the judicial administrator. Investigations should be completed as promptly as possible under the circumstances.

5. Interim Sanctions. Pending the investigation and outcome of a complaint, a student accused of violating University policy may be subjected to any sanction set forth in this Student Judicial Procedure, other than expulsion or restitution/fines, on an interim basis. The judicial administrator or Dean of Students will base an interim sanction judgment on evidence available at that time. In cases where suspension is being considered as an interim sanction, the judicial administrator or Dean of Students will consider whether the student’s continued presence at the University pending the outcome of the investigation and hearing creates a continuing danger to persons or property or constitutes an ongoing threat of disruption to the academic process.

Within 5 University business days after receipt of the notice of the interim sanction, a request can be made to the Dean of Students to review and reconsider the interim sanctions.

6. Criminal Charges. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal laws and University policy, notwithstanding the fact that an investigation or court proceeding might be pending. University proceedings may occur before, during, or after the criminal court process. The Dean of Students may elect to delay the resolution of a complaint if criminal charges are pending. In sexual misconduct complaints, the administrative complaint investigation will not be delayed except in extraordinary circumstances.

A student charged with criminal misconduct will be considered guilty of violating University conduct regulations and therefore subject to disciplinary sanctions if convicted in criminal court of conduct prohibited under the sexual misconduct rules and/or the Code of Student Life. For purposes of these procedures, a conviction includes a guilty plea, jury verdict, judicial decision, or deferred judgment. Due to the less stringent standard of proof under these judicial procedures, a student charged but not convicted of a crime is still subject to University disciplinary action if found guilty by an adjudicator or judicial administrator. Findings or sanctions imposed under this Student Judicial Procedure shall not be subject to change even though criminal charges arising out of the same facts were dismissed, reduced, or resolved in favor of the accused student.

7. Resolution by the Dean. In cases where the allegations are disputed by a student who is facing a university suspension or expulsion, the Dean of Students shall schedule a formal administrative hearing (see Section 12). In cases where the accused student acknowledges he or she violated the rules outlined in the Code of Student Life, the Dean of Students may suspend, expel, or impose non-suspension sanctions. The process for appealing sanctions issued by the Dean of Students in non-disputed cases follows the post-hearing appeal process described below in Section 15.

In a sexual misconduct case, the Dean of Students will consult with the Office of the Sexual Misconduct Response Coordinator, as well as the complaining party or the victim, or both if they are different people, before implementing a resolution under this provision. If the accused student that agrees to accept the sanction(s) imposed by the Dean of Students at any point in the processes set forth in the Student Judicial Procedures, the complaint will be considered resolved. In these cases, the student waives any subsequent right to a hearing and any subsequent right to an appeal.

8. Withdrawal After Complaint Filed. A restriction may be placed on the registration of a student who voluntarily withdraws after a complaint is filed. The student’s record may indicate that he/she withdrew after the disciplinary complaint was filed, and permission from the Office of the Dean of Students may be required before a withdrawn student may be permitted to reenroll.

9. Standard of Proof. The standard of proof under this Student Judicial Procedure is a preponderance of the evidence. If the judicial administrator determines that it is more likely than not that no policy violation occurred, the complaint will be dismissed. If the judicial administrator or adjudicator determines that it is more likely than not that one or more University policies were violated, a sanction or sanctions will be imposed.

10. Judicial Administrator Decision. The judicial administrator decision letter shall summarize the findings of the investigation and identify any rules violated. The letter shall also note any sanctions imposed or, in the case of potential suspension or expulsion, the letter shall recommend a formal hearing. In sexual misconduct cases, the judicial administrator will, at approximately the same time, also inform the person who filed the complaint and the person harmed by the behaviors determined in the investigation in writing of the outcome of the investigation, to the extent permitted by federal and state laws governing student privacy and confidential student records. The judicial administrator will provide a copy of the decision letter to the Dean of Students and to other appropriate University offices, including the Office of the Sexual Misconduct Response Coordinator in cases involving sexual misconduct, dating violence, or stalking.

11. Cases that do not Involve Suspension or Expulsion. Upon a finding that it is more likely than not that a policy violation occurred, the judicial administrator has the authority to impose any disciplinary sanction other than suspension or expulsion. An explanation of some such sanctions can be found in Section 14. Decisions of the judicial administrator can be appealed through the process set forth in Section 15.

12. Formal Hearing Procedure for Suspension and Expulsion Cases.

(A) Roles. In cases where the judicial administrator finds it more likely than not that a policy violation occurred but determines the recommended sanction to be suspension or expulsion, the Dean of Students will order a formal hearing and assign a charging officer and an adjudicator.

The charging officer’s role is to coordinate the presentation of witnesses and evidence against the accused student, and urge the adjudicator to find the accused student responsible for alleged rule violation(s). The judicial administrator may be appointed as the charging officer. The charging officer may call witnesses; ask clarifying procedural questions of the adjudicator; may lodge objections to witnesses, evidence, and others issues; and may consult with witnesses, advocates, or attorneys, but the charging officer otherwise may not speak during the hearing unless requested by the adjudicator.

The adjudicator’s role is to address prehearing matters, to preside over the hearing, to ask questions of the witnesses, to resolve evidentiary issues and disputes, and to ultimately determine whether a University policy violation has occurred.

If the complaining party, the accused student, or the charging officer believes that the assigned adjudicator cannot fairly and competently hear the student disciplinary case, that party should lodge an objection to the adjudicator in writing via the Dean of Students at least 2 University business days before the hearing is scheduled to begin. The submission shall set forth the ground(s) for the objection, which may include allegations that the adjudicator has a substantial conflict of interest or a demonstrated bias.

(B) Notice of Hearing. The charging officer will provide a notice of hearing to both the complaining party and the accused student. The notice can be served by U.S. Mail, campus mail, fax, electronic mail, or hand delivery. The hearing will not be set sooner than 7 University business days after the service of the notice.

The notice of hearing should include the following information:

1) The time, date, and location of the hearing.

2) The name and contact information of the adjudicator and charging officer.

3) The facts and circumstances supporting the allegation.

4) The rule(s) allegedly violated.

5) A preliminary description of the witnesses and exhibits the charging officer intends to use in the hearing, which may be updated by the charging officer at least 2 days prior to the hearing or as directed by the adjudicator.

6) A copy or a link to these Student Judicial Procedures, which set forth both the procedures for the hearing and the range of potential sanctions that the Dean of Students may choose to impose.

7) A description of any interim sanctions that are in effect before the hearing.

8) Information about the parties’ right to bring an advocate, attorney, and/or advisor to the hearing.

(C) Consolidation.

1) Multiple Complaints. When two or more complaints have been lodged against the same student, the charging officer has discretion to set separate hearings for each complaint or to combine the complaints into a single hearing.

2) Multiple Students. When two or more students have been alleged to have violated University policies from the same facts and circumstances, the charging officer has discretion to set separate hearings for each student or to combine the complaints into a single hearing.

(D) Pre-Hearing Preparation. Prior to the hearing, the complaining party, the charging officer, and the accused student have a right to view the documents, records, or other evidence that each party plans to present at the hearing, if any. At least 5 University business days before the hearing, the complaining party, the charging officer, and the accused will also exchange information on potential witnesses each party plans to call, if any, in advance of the hearing. Arrangements relating to the exchange of such witness lists, documents, records, or other evidence will be made by the adjudicator. The adjudicator has the authority to take appropriate and reasonable action or to impose reasonable hearing-related sanctions for non-compliance with these provisions, which may include exclusion of the witnesses or exhibits that were not disclosed in accordance with these provisions. To arrange an appointment to examine the disciplinary file or learn what documents and other evidence will be presented at the hearing, the student(s) should contact the Office of the Dean of Students at least 2 University business days before the hearing is scheduled to take place and arrange a meeting with the keeper of the record.

(E) Postponing the Hearing. If the changing officer, complaining party, or accused student cannot appear at the date and time specified for the hearing, that person must request a new hearing date or time from the adjudicator at least 2 University business days before the hearing is scheduled to begin. A hearing is not postponed until the request for postponement is approved by the adjudicator.

(F) Failure to Attend Hearing. If the accused student has received notice and does not appear for the hearing, the charging officer may nevertheless present the information and evidence in support of the allegations and the adjudicator may make a ruling on the merits of the allegations.

If the accused student elects to withdraw his or her registration from the University voluntarily prior to the hearing, the Dean of Students may proceed to the hearing stage notwithstanding the withdrawal unless the accused student agrees to accept the sanction(s) imposed by the Dean of Students and waive any subsequent right to a hearing and waive any subsequent right to an appeal.

(G) Hearing Procedure. Hearings shall be conducted in accordance with the following guidelines:

1) Closed hearing. The hearing will be closed to the public.

2) Record. The adjudicator will maintain the record and all exhibits of the hearing, which may be recorded, until the adjudicator has rendered a decision. The record, all exhibits, and any recordings of the hearing will be the property of the University and kept in the Office of the Dean of Students.

3) Attendance During Hearing. The charging officer, accused student, and the complaining party all have the right to be present for the entire hearing. Attendance may be by telephone, closed circuit television or video conferencing. Attendance by the accused or the complaining party is not required.

4) Advocate. The accused student and the complaining party or the victim have the ability to have an advocate (who may be a certified victim advocate) present throughout the hearing at the student’s or party’s expense. The advocate may ask clarifying procedural questions of the adjudicator and may consult with the party or student who brought the advocate, but the advocate otherwise may not speak during the hearing.

5) Attorney. The accused student and the complaining party or the victim have the ability to have an attorney present throughout the hearing at the student’s or party’s expense. The attorney may call witnesses; ask clarifying procedural questions of the adjudicator; may lodge objections to witnesses, evidence, and others issues; and may consult with the party or student who brought the attorney, but the attorney otherwise may not speak during the hearing unless requested by the adjudicator.

6) Witnesses. The charging officer, the complaining party/victim, and the accused student may call witnesses. Prospective witnesses, except for the complaining party/victim or the accused student, may be excluded from the hearing room until called.

7) Questioning. Consistent with the educational nature of the Student Judicial Procedure, the adjudicator will ordinarily question the accused student, the complaining party or victim, and any witnesses relating to the allegations in the case. The charging officer, accused student, and complaining party may suggest questions to the adjudicator. The adjudicator has discretion to determine the questions posed to the accused student, the complaining party, and any witnesses. A short recess may be necessary to generate and submit questions.

8) Evidence/Evidentiary Standard. The charging officer, accused student and the complaining party may all submit evidence to the adjudicator. The charging officer, accused student, and the complaining party may also review and comment on each other’s evidence submitted to the adjudicator. The adjudicator will note objections to evidence and has discretion to receive or exclude evidence.

The adjudicator has discretion to receive and consider offered evidence, and will base a finding upon the kind of evidence which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs. Except where explicitly provided for in the Student Judicial Procedure, formal or technical rules of evidence or procedure utilized in courtrooms do not apply to the hearing. The adjudicator’s decision may be based upon evidence that may be inadmissible in a criminal or civil court. Irrelevant, immaterial, or unduly repetitious evidence should be excluded.

In cases involving allegations of sexual misconduct, reputation or opinion evidence of the past sexual behavior of the victim is not relevant, and the adjudicator shall not consider such evidence. Further, in cases involving allegations of sexual misconduct, evidence of the victim’s past sexual behavior is generally not relevant, and the adjudicator should normally not consider such evidence. The adjudicator may consider such evidence if it is offered by the accused student to question either consent or whether the accused caused the alleged injury.

9) Standard of Proof. The adjudicator shall apply the “preponderance of evidence” standard described in section 9.

10) Hearing Room Space/Partitions. The adjudicator will accommodate concerns about safety, well-being, confrontation, or scheduling with the parties in any manner determined in the sole judgment of the adjudicator to be appropriate. Such concerns may be resolved by utilizing partitions or visual screens, permitting testimony via telephone, closed circuit television or video conferencing, receiving testimony via tape or written statement, or in other manners.

11) Decorum. The parties and witnesses are expected to maintain a level of decorum appropriate for an educational proceeding. The adjudicator is responsible for maintaining decorum and may remove any person from the hearing due to disruptive behavior.

12) Adjudicator Decision. The adjudicator’s decision shall be issued in writing within 10 University business days after the hearing, unless an alternative timeframe is otherwise agreed upon by the charging officer, the accused student, and the complaining party. Notice of the decision shall be provided to the Dean of Students. In cases where the accused student has been found responsible for one or more policy violations, the Dean of Students will implement any sanction(s) imposed. A copy of the sanction determination will be placed in the accused student’s disciplinary file in the Office of the Dean of Students.

Consistent with state and federal law, the Dean of Students will also notify the complaining party, the accused student, the charging officer, and any other appropriate University official of the outcome of the hearing within 2 University business days of the adjudicator’s decision. Notice to the complaining party, the accused student, the charging officer shall include a statement describing the procedure for appeal set forth below. The notice can be sent by U.S. Mail, campus mail, fax, electronic mail, or can be personally served.

13. Impact Statement. In a sexual misconduct case, a victim has the right to submit an impact statement to the judicial administrator (in cases not involving suspension or expulsion) or the Dean of Students (in cases involving suspension or expulsion) prior to a determination of sanction(s). In other types of cases, the judicial administrator may request an impact statement from an allegedly harmed individual. Impact statements shall not be considered as evidence that the offense alleged was in fact committed, and shall not be the basis for examination in any hearing. However, the judicial administrator or Dean of Students may consider the impact statement in making a determination as to the appropriate level of sanction to be imposed upon a finding that a University policy has been violated.

14. Sanctions. When it has been determined after investigation or hearing that one or more University policies have been violated, one or more final sanctions may be imposed. The following is a non-exhaustive list of potential sanctions that may be utilized individually or in combination:

(A) Educational Sanction. A student may be required to provide an identified service or participate in a particular program, receive specific instruction, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.

(B) Written Reprimand: This is a notice in writing to the student that the student is violating or has violated institutional regulations that is kept in the student’s disciplinary file with the Office of the Dean of Students.

(C) Disciplinary Probation: This is a written reprimand for violation of specified regulations, which is for a designated period of time. When on disciplinary probation a student is not considered to be in good standing with respect to the non-academic disciplinary system.

(D) Restitution and Fine. A student may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to property or medical or counseling expenses incurred by the victim. An established fine may also be imposed upon the responsible student.

(E) Denial of Privileges. A student may be denied access to certain University privileges for a definite or indefinite period of time. Such sanctions may include, but are not limited to: prohibitions on University employment; bar from extracurricular activities; restrictions from all or part of campus; prohibition on the use of computers, internet, or other University services; and/or prevention from attending a class.

(F) No-Contact Order: A student may be prohibited from intentionally contacting a student, employee, or visitor to campus in any manner at any time. Such prohibition may be in effect for a specific or an indefinite period of time.

(G) University Housing Transfer or Suspension: A student may be involuntarily transferred within, or removed from, University housing or residence halls. The student may also be prohibited from reentering University housing or residence halls. Conditions for readmission may be specified.

(H) Disciplinary Suspension: A student may be involuntarily separated from the University for a defined or undefined period of time after which readmission is possible. Conditions for return may be specified. The Dean of Students may be required to approve any request for readmission.

(I) Expulsion: The student may be permanently separated from the University.

Sanctions will vary based upon the facts and circumstances of any specific offense. Sanctions are usually progressive in nature and include the probability of more severe disciplinary sanctions if the student is found to violate the same or any other University policies.

Most alcohol offenses and possession of marijuana under 10 grams may be sanctioned through a written reprimand, appropriate education, notification to a parent if the student is a minor, and participation in theCritical MASS program (see minimum sanctions for alcohol and drug violations in the Policy Regarding Use of Illegal Drugs and Alcohol). Sexual assaults, in contrast, will ordinarily result in the suspension or expulsion of the respondent, as well as an administrative no-contact order involving the parties.

Students who fail to comply with a sanction in a timely manner are subject to additional disciplinary action, which may include suspension from the University until compliance is achieved. The authority of the Dean of Students to take additional action in cases of non-compliance extends to complaints resolved through agreement, complaints resolved at a formal hearing, and complaints resolved by a judicial administrator or another University department such as University Housing.

In the event that a student fails to comply with a sanction and the Dean of Students has decided to impose a suspension, the student will be notified of the apparent failure to comply and of the Dean of Students’ intent to suspend, and provided an opportunity to meet personally with the Dean of Students and explain the circumstances prior to a final decision by the Dean of Students. A student suspended for failing to comply with a sanction may appeal the Dean of Students’ decision to the Provost but is not entitled to a formal hearing.

15. Appeal. The charging officer, the complaining party, or the accused student may appeal the decision of a judicial administrator, the adjudicator, or the Dean of Students by filing a written notice of appeal in writing within 10 University business days following the receipt of the decision. The notice of appeal shall be filed with the Office of the Dean of Students.

The Dean of Students will promptly transmit the notice of appeal to the non-appealing parties (generally within 2 University business days). Each non-appealing party will have the right to respond to the appeal within 5 University business days after the receipt of the appeal.

The Dean of Students is responsible for promptly transmitting the notice of appeal, the hearing record, and any responses received to the appropriate University office for review of the appeal.

For cases that involve suspension or expulsion, the appropriate University office to hear the appeal is the Office of the Provost. For all other cases, the appropriate University office to hear the appeal is the Office of the Vice President for Student Life.

Sanctions imposed by the judicial administrator or Dean of Students will remain in effect while the appeal is being considered.

16. Grounds for Appeal. The appealing party must support the appeal by addressing one or more of the grounds:

(A) The decision was unsupported by substantial evidence when viewed as a whole.

(B) The decision was arbitrary, capricious, unreasonable, or constituted an abuse of discretion.

(C) The sanction was unreasonably harsh or lenient in light of the circumstances.

(D) The procedures were not properly followed, resulting in prejudice to the appealing party.

(E) New evidence, not reasonably available at the time of hearing, warrants reconsideration.

17. Decision on Appeal. On appeal, the decision may be affirmed, reversed, remanded back with instructions on a further investigation or hearing, or modified as deemed appropriate by the office reviewing the appeal. The written decision on appeal shall be transmitted by the office deciding the appeal to the Dean of Students, the charging officer, the accused student, and the complaining party within 20 University business days of the receipt of the notice of appeal. The Dean of Students may forward the decision on appeal to appropriate University offices. In cases involving allegations of sexual misconduct, dating violence, or stalking, the Dean of Students will forward the appeal decision to the Office of the Sexual Misconduct Response Coordinator.

Johnson County Jail Sign-Up Procedures

In most criminal cases involving a jail sentence, the defendant will be given the option to sign up for jail time within a certain period of time.  This is called a “delayed mittimus.”  (Mittimus means the date and time at which someone must report to jail.)

Most delayed mittimus cases in Johnson County, Iowa will involve two deadlines.  The “sign-up” deadline, often 10 days following judgment, and the “mittimus” deadline, often 90 days following judgment.  Essentially, one must make their reservation within 10 days, and make that reservation for a date within 90 days.

To make this reservation, the Johnson County Sheriff asks the defendant to arrive in person.  It is a good idea to arrive with your judgment order, just in case it cannot be located at the jail.  (The jail will not accept you without a judgment, no matter how badly you’d like to serve time).  The Johnson County Jail is small and overbooked, and therefore it helps the jail staff when these mittimus arrangements are made well in advance.

At the time of writing this post, the jail was booked roughly six weeks in advance.  So it is in your interest, when booking a mittimus, to arrive as soon as possible.

The jail staff will let you know what dates are available, and ask you to pick one within the requirements of your judgment.  Once a date is selected, the jail will review the guidelines you must follow when you return to serve your time.

You must arrive sober and completely free from the influence of all illegal drugs.  A test can be given to you to determine drug or alcohol use, and even a BAC of .001 can be a problem.  All too many defendants have decided to have a big night out before jail, and this can result in being refused entry into jail, being held in contempt, or even a new public intoxication charge.  Therefore, show up sober.

Any medicines must be brought in their original prescription bottles, and will be dispensed according to the schedule listed on the bottle.

The defendant will be informed of his prior credit for time served, and the discharge date and time will be listed.  The staff will also discuss what items are allowed to be brought into jail and this list will be given to the defendant.

Johnson County Jail Item List

Johnson County Jail Sign-up Sheet

The jail will request a $40.00 fee to arrive for mittimus on a Monday, Tuesday, Wednesday or Thursday.  An $80.00 fee must be brought for Friday, Saturday and Sunday mittimus dates.  This must be paid in cash, at the time of mittimus.

If you have questions about your jail mittimus, make sure to ask the jail staff, or your attorney well in advance.

Deferred Judgments and Dismissals

Many of the cases that our lawyer handles deal with the charges that students encounter during their enrollment at the University of Iowa, or even while visiting Iowa City for the weekend. In these cases our lawyer will focus on limiting the impact that these charges can have on a student’s future by pursing options such as deferred judgments and dismissals.

For students in particular, the most important aspect of a criminal charge is the lasting penalty on a criminal record. We are aware of the best way to structure a plea to reduce the impact on a criminal history, and will employ these tactics to reduce future harm as much as possible.

Reducing Impact on Criminal Records – Deferred Judgments

A deferred judgment is a way to resolve a case where the defendant pleads guilty to the charge, but the charge will be expunged from the defendant’s record after a successful period of probation. This is an excellent resolution when the county attorney has a strong case and the defendant wishes to keep his record clean of convictions.

A deferred judgment will also keep a defendant from going to jail or prison, provided that the period of probation is completed without fault.

The availability of a deferred judgment is based on many criteria. The current criminal charge, the defendant’s criminal history, the agreement of the prosecutor and the argument of the defense attorney all weigh in whether a deferred judgment will be granted. Considering all these factors, the judge will make the final determination if a deferred judgment is granted.

A defendant can only receive two deferred judgments in his lifetime. If a defendant requests a deferred judgment, the State will conduct a background check to discover if any deferred judgments or similar arrangements have been made in Iowa, or any other state.

The decision to seek a deferred judgment is something that should only be made after discussing the matter with a lawyer.

Dismissals

A dismissal is a way to resolve a charge wherein no guilt is admitted, and no conviction occurs. Essentially, it is the best possible resolution for a criminal charge. Unfortunately dismissals are very rare.

The county attorney’s marijuana diversion program is an excellent way to pursue a dismissal of a possession of controlled substances charge. Please contact us for information on this program.

More on Synthetic Marijuana

The Cedar Rapids Gazette has put together a fairly good article on the issue of K2/Spice in eastern Iowa:

http://thegazette.com/2012/01/24/synthetic-pot-poses-enforcement-dilemma-in-iowa/

As the article outlines, there are big issues in enforcing the law prohibiting possession of these substances. There are several new chemical compounds that are now illegal, but there is presently no available field test to determine if a specific brand contains the banned chemicals.  Also, as this article points out, there is no guarantee that one brand of fake pot uses the same chemicals on different batches of their product.

There is now a urine test for some of these chemicals, but there simply has not been enough studies to determine the effectiveness of the tests.  One brand of fake pot has shown to show a false-positive for actual marijuana on a field test.

There is not a safe way to possess any of these forms of fake pot.  No user can be sure of the chemicals they are possessing, (let alone introducing to their bodies).

A current probationer of mine from Iowa has been charged with the new Nebraska law which forbids possession of these chemicals, and that led him to an in-state revocation and 60 days in jail.

Probation violations for possession of these substances are clear.  It simply does not matter if the substance contains one of the banned chemicals, possession of any “mood-altering substance” is generally a probation violation regardless if it is separate crime.

And as I mentioned in a prior article, in Johnson County, Iowa, a charge of possession of one of these illegal chemicals would carry a stiffer sentence than possession of real marijuana.

Once again, avoid use of these substances as they are not a safe (criminally or otherwise) alternative to pot.