The University of Illinois Police Department (UIPD) is dispensing complaint forms that quite clearly violate Illinois State law. The forms and related procedures contain numerous provisions that require the complainant to sign a sworn affidavit and have it notarized.
On March 7th, 2022, in response to a Freedom of Information Act (FOIA) request, Check CU was provided a copy of the complaint form, affidavit page, and the University of Illinois Police Policy on handling complaints.
On March 9th, a paper copy of the same complaint form was acquired from the U of I Police Department, though only the top page was provided. The page contains the line, “you will be required to sign a sworn affidavit specifically alleging the officer’s misconduct.”
On March 23rd, Check CU acquired a full copy of the U of I Police Department Policies to confirm that current policies matched what was previously provided.
The following excerpts were all taken from University of Illinois Police Policy 102.9 Officer Complaint Procedures:
“All formal complaints against sworn peace officers shall be supported by a sworn affidavit signed by the complainant describing the alleged misconduct, and sworn before a notary public. The investigating supervisor shall seek an affidavit from the complainant if one is not obtained during the initial process…
“All formal complaints against a sworn peace officer shall be supported by a sworn affidavit…
“Complainants should be advised that anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit…
“The supervisor shall provide the complainant a University Police Department Sworn Affidavit (Attachment B ) in addition to the complaint form. The complainant will be informed that their complaint must be sworn to before a notary public…
“A complainant wishing to make a formal complaint over the telephone will be mailed the Department’s complaint and sworn affidavit forms. The complainant will be informed that his/her complaint must be sworn to before a notary public before it is returned…
“In cases where the complainant refuses to sign a complaint form or sworn affidavit, the Chief of Police may order an investigation at his/her discretion…”
The U of I Police Department seems to be confused about state law. The Uniform Peace Officers’ Disciplinary Act explicitly states that police complaint forms cannot have any type of “sworn affidavit” requirement:
(50 ILCS 725/3.8) (b) It shall not be a requirement for a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation.
According to the Illinois Association of Chiefs of Police, the state law “allows for anonymous complaints against officers, without a sworn affidavit”.
Check CU also notes that the U of I Police Department is violating Policy 102.9.6(a) by failing to provide complaint information in their lobby:
“The Department will maintain brochures outlining procedures to register a complaint. These brochures will be located in the lobby of the Public Safety Building, and posted on the Department’s website.”
For reference, here is a copy of the University of Illinois Police Complaint form, affidavit page, and procedures/requirements. Check CU has highlighted the sections described in this article (click image for full 5-page PDF):
