Skip to Main Content

News

Events

News

Events

News

Events

News

Events

  • Oct 31: Homecoming Alumni Golf Tournament
  • Oct 31: Special Collections Halloween Open House
  • Nov 1: Homecoming Dukes' 5K Run/Walk
  • More >

News

Events

News

Events

  • Oct 31: Homecoming Alumni Golf Tournament
  • Nov 1: Homecoming Dukes' 5K Run/Walk
  • Nov 1: The Breeze "Farewell Seeger" Open House
  • More >

Index by Category

You are in the main content

Core Policies that Apply to all Employees

Policy Number Policy name Content
1105 Prohibition of Weapons

1. PURPOSE

This policy provides rules and regulations concerning the possession of weapons on campus and in all facilities and locations owned or operated by James Madison University (the university) in an effort to provide a safe and secure learning and working environment for its students, employees and visitors.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Controlled Space:
Defined as any indoor or outdoor area owned or controlled by the university with limitations on use or access (i.e., residence hall, classroom, office, practice field, stadium, arboretum, farm, etc.). Areas open to the public (i.e., streets, lawns, sidewalks, parking lots, bookstore, library, Festival, etc.) with no limitations on access are not controlled spaces.

Weapons:

Defined as, but not limited, to:

  1. any gun, bow, crossbow or other weapon designed or intended to propel a missile or projectile of any kind, including any pistol, revolver, rifle, musket, long gun or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
  2. any stun weapon, including any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person;
  3. any knife, including any dirk, bowie knife, switchblade knife, ballistic knife, machete or razor, except a pocket knife having a folding metal blade of less than three inches;
  4. any slingshot, spring stick, metal knucks or blackjack;
  5. any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken or fighting chain;
  6. any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart;
  7. any frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, including any cartridge, pellet, ball, missile or projectile adapted for use in a firearm;
  8. any explosive substance or explosive device, if such substance or device is intended to be used as a weapon;
  9. any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile, injurious or nauseating odors or gases, if such gas or chemical is intended to be used as a weapon; and
  10. any weapon of like kind as those enumerated.

4. APPLICABILITY

This policy applies to all university faculty, staff, students, affiliates and contracted service representatives, as well as all visitors attending events (whether or not requiring a ticket) or entering buildings or controlled spaces on campus and to all property owned, leased, operated or controlled by the university.

5. POLICY

No faculty or staff member, student, affiliate or contracted service representative shall carry, maintain, or store a weapon, concealed or otherwise, on any property owned, leased or controlled by the university, except as provided herein. No visitor shall carry, maintain or store a weapon, concealed or otherwise, in any controlled space owned, leased, or controlled by the university or at any university event. Items that are used as weapons on property owned or operated by the university, whether or not they fit the definition above, will also subject the user to discipline or removal.

6. PROCEDURES

6.1 Prop Weapons and Facsimiles
Any item that appears to be a weapon and that is utilized for any purpose on university property must be reported to and approved by university police or safety officials prior to being used in any activity. Examples include, but are not limited to, props used in plays, props or weapons used in class presentations, and Military Science (ROTC) combat military exercises on campus.

6.2 Storage and Related Procedures
Rifles, shotguns and bows that are to be used by a student, faculty or staff member for hunting may be registered and stored no more than one week before and during the appropriate hunting season at the university police station. Weapons used for hunting must be checked and removed from campus at the end of the appropriate hunting season. Similarly, weapons (unloaded, disabled, and facsimile) used for demonstration and educational purposes are to be stored at the campus police station until time of class or demonstration, then removed from campus as soon as possible. All such weapons are to be carried or transported in hard or soft case enclosures.

6.3 Reporting Violations
All members of the university community are encouraged to report violations of this policy to the police or the Office of Public Safety on campus. Employees are required to report violations to the police or the Office of Public Safety if they become aware of violations.

7. RESPONSIBILITIES

It is the responsibility of vice presidents , academic deans, academic unit heads, directors, managers and supervisors to ensure that the provisions of this policy are reviewed with employees and students in their areas.

It is the responsibility of each student, employee, contracted service representative, affiliate and visitor attending events or entering buildings or controlled spaces on campus to comply with this policy.

It is the responsibility of each vice president , academic dean, academic unit head, director, manager and supervisor to enforce the provisions of this policy in their area of accountability and to report infractions to the Campus Police.

It is the responsibility of the Chief of Police to ensure that the Public Safety Office investigates matters of noncompliance, takes appropriate action and reports resultant findings to the appropriate vice president. It is the responsibility of the Chief of Police to provide and maintain a safe and secure weapons locker and related record keeping for the purposes of legitimate weapons storage.

It is the responsibility of the Chief of Police and/or designated officials to properly inspect and certify stage prop, facsimile, disabled and/or academic demonstration weapons as unable to discharge a projectile or otherwise disarm and unload such weapons upon petition by employees, students, and invited lecturers and guests of the university.

8. SANCTIONS

A student who violates this policy will be subject to disciplinary sanctions under the student judicial code, up to and including expulsion. An employee who violates this policy will be subject to disciplinary sanctions under misconduct policies of the university, up to and including dismissal. An affiliate who violates this policy will be subject to revocation of affiliate status. A visitor who violates this policy will be subject to removal from campus and being barred from campus.

Sanctions will be commensurate with the severity and/or frequency of the offense.

9. EXCLUSIONS

This policy does not apply to law enforcement officials duly authorized to carry such weapons. Also excepted are military drills, honor guards and color guards utilizing facsimile or functionally disabled weapons and archery classes, team practice and competition utilizing target bows and arrows.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Chief of Police.

Previous version: July, 2009
Approved by the President: July, 2009

Index Terms
Weapons
Firearms
Guns
Knives
Concealed weapons
Hunting
Handguns

1302 Equal Opportunity

1. PURPOSE

This policy represents a commitment by the university to support the practice, spirit and good-faith efforts regarding equal opportunity and diversity, beyond mere compliance with government regulations. A commitment to diversity is a commitment to all members of the university community. Diversity among staff, students and faculty offers the university an opportunity to realize its mission.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Accommodation:
A waiver of a requirement, a provision of an aide or another method for providing assistance to an individual necessary to allow that person, regardless of disability or religion, to have equal access to the workplace, facilities and services provided by the university.

Discrimination:
The unequal treatment of persons who are similarly situated. Discrimination occurs when an individual, group or office treats one or more people less favorably than others because of their age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status, or in retaliation for a complaint made against the employer about any such treatment or for participating in an investigation or opposing discriminatory practices. It includes decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain protected class, and denying opportunities to a person because of inclusion in a protected class. Discrimination includes harassment on the basis of any protected class, including instances of sexual violence. It also includes unreasonable failure to grant an accommodation for a disability.

Employment matters and personnel actions:
Includes hiring, termination, compensation, assignment, classification, transfer, promotion, layoff, recall, advertisement, recruitment, testing, use of facilities, training, fringe benefits, pay, retirement plans, leave, or other terms and conditions of employment.

Harassment:

A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Protected Class:
The term describes characteristics or factors which must not be targeted for discrimination or harassment. The characteristics considered "Protected Classes" at JMU are those listed in Section 5 of this policy.

Student matters:
Includes admission, retention, evaluation, grading, progression, registration, transfer, testing, use of facilities, access to official and extracurricular activities, discipline, or other terms and conditions of matriculation.

4. APPLICATION

This policy applies to all applicants, employees, students, affiliates and visitors to the university. It applies to all discriminatory practices as defined herein, and to all employment and student matters as defined herein.

5. POLICY

James Madison University does not discriminate and will not tolerate discrimination on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status. Conduct by a member of the university community that constitutes discrimination or harassment on the basis of any protected class is a violation of university policy and is sanctionable.

6. PROCEDURES

Any applicant, employee, student, affiliate or visitor who feels that he or she has been the victim of discrimination or harassment by an employee, affiliate or visitor to the university may file a complaint about such discrimination or harassment with the Office of Equal Opportunity. See Policy 1324.

Any member of the university community who feels that he or she has been the victim of discrimination or harassment by a student may file a complaint about such discrimination or harassment with the Office of Judicial Affairs.

Inquiries or requests for reasonable accommodations for disabilities may be directed to the activity coordinator, the Office of Disability Services, Human Resources or the Office of Equal Opportunity. See Policy 1331.

7. RESPONSIBILITIES

University administrators, management, faculty, staff and students are responsible for supporting and following this policy.

The Office of Equal Opportunity is responsible for monitoring the university’s efforts regarding nondiscrimination and diversity.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion.

9. EXCLUSIONS

This policy does not apply to legitimate decisions based on bona fide occupational qualifications in hiring or on an employee’s, student’s or applicant's performance or ability to perform the essential functions of a job or to fulfill the essential components of an educational program.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Equal Opportunity.

Previous version: April 2014
Approved by the President: August 2014

Index Terms:

Accommodation
Age
Color
Disability
Discrimination
Gender identity
Genetic information
Harassment
National origin
Parental status
Political affiliation
Race
Religion
Sex
Sexual harassment
Sexual orientation
Veteran status

1406 Reporting Suspected Child Abuse or Neglect

1. PURPOSE

The purpose of this policy is not only to comply with relevant state laws related to the mandatory reporting of suspected child abuse or neglect, but to recognize the responsibility of the university to provide a safe environment for children.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2.3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Code of Virginia §63.2-1509 provides that all employees of a public or private institution of higher education are required to report instances of child abuse or neglect.

3. DEFINITIONS

Abused or Neglected Child
Code of Virginia §63.2-100 defines an abused or neglected child as any child under 18 years of age whose parent or any person responsible for his or her care:

  • Causes or threatens to cause a non-accidental physical or mental injury, or allows such an injury;
  • Allows a child to be present during the manufacture of a controlled substance or during the unlawful sale of such substance where such activity would constitute a felony violation;
  • Neglects or refuses to provide adequate food, clothing, shelter, emotional nurturing or health care;
  • Abandons the child;
  • Neglects or refuses to provide adequate supervision in relation to a child's age and level of development;
  • Knowingly leaves a child alone in the same dwelling with a person, not related by blood or marriage, who has been convicted of an offense against a minor for which registration is required as a violent sexual offender; or
  • Commits or allows to be committed any illegal sexual act upon a child, including incest, rape, indecent exposure, prostitution or allows a child to be used in any sexually explicit visual material.

Mandated Reporter
Certain individuals required by law to report suspected instances of child abuse or neglect.

Social Services
The Virginia Department of Social Services.

University Employee
All employees of the university, whether classified or non-classified, full-time or part-time, salaried or hourly, this also includes all instructional and administrative and professional faculty members.

4. APPLICABILITY

This policy applies to all university employees unless otherwise noted.

5. POLICY

Any university employee, who in their official or professional capacity, has reason to suspect that a child is an abused or neglected child, is required to report the matter as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect.

6. PROCEDURES

6.1 Communication of policy

The provisions of this policy will be communicated to employees using the following methods:

  • During Onboard at JMU sessions
  • During New Employee Orientation sessions

In addition, members of the HR Service Center will be available to discuss the provisions and procedures of the policy with employees.

6.2 Reporting incidences

Reports of suspected child abuse and/or neglect must be submitted by the employee to the Department of Social Services in the locality in which the child resides or where the abuse or neglect is believed to have occurred, or to the Department of Social Services (DSS) toll-free child abuse and neglect hotline (1-800-552-7096). If neither the locality in which the child resides nor where the abuse or neglect is believed to have occurred is known, then such report shall be made to the local department of the county or city where the abuse or neglect was discovered or to the Department's toll-free child abuse and neglect hotline.

Additionally, James Madison University employees may also report suspected child abuse or neglect to their supervisors or other university officials, including Public Safety (540-568-6912), Human Resources (540-568-6165), or a member of their department's administration. Such an internal report will relieve the employee of the responsibility of reporting the matter to Social Services if the employee received the information in the course of his or her professional services to the university. In that case, the internal report made by the employee to the supervisor, public safety officer, or department head shall be forwarded immediately by the university official receiving the internal report to HR. HR shall forward the report to Social Services. HR will disclose the name of the employee(s) reporting the incident of suspected child abuse/neglect to DSS officials.

Human Resources will then notify the reporting employee the date the report is forwarded to Social Services, and shall forward any communication resulting from the report, including any information about any actions taken regarding the report, to the employee who made the initial report.

6.3 Investigations

The employee who suspects child abuse or neglect shall disclose all information that is the basis for his or her suspicion to Social Services, and upon request, shall make available any information, records, or reports that document the basis for the report. All employees who maintain a record of a child who is the subject of such a report shall cooperate with the investigating agency and shall make related information, records and reports available to the investigating agency unless such disclosure violates the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g).

7. RESPONSIBILITIES

All employees are responsible for reporting suspected child abuse and/or neglect under the terms of this policy and state law.

Human Resources is responsible for the management of this policy, including overseeing the reporting of suspected incidences to Social Services on behalf of the institution, and notifying the reporting employee of the process and the results for such reports.

8. SANCTIONS

According to Code of Virginia §63.2-1509(D), an employee who fails to file a report as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect, shall be fined not more than $500 for the first failure and for any subsequent failures, not less than $1,000. In cases evidencing acts of certain crimes of sexual assault, a person who knowingly and intentionally fails to file a report shall be guilty of a Class 1 misdemeanor. An employee who makes or causes to be made a report of child abuse or neglect that he knows to be false shall be guilty of a Class 1 misdemeanor.

Regarding university discipline, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

An attorney who is employed by a public institution of higher education is not required to report information obtained in the course of providing legal representation to a client under this policy.

A regular minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination, usually referred to as a church, is not required to report information required by the doctrine of the religious organization or denomination that is to be kept in a confidential manner.

No employee is required to make a report if he or she has actual knowledge that the same matter has already been reported to the local department or the Department's toll-free child abuse and neglect hotline.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources.

Previous version: None
Approved by the President: December, 2012

INDEX TERMS
Abused Child
Code of Virginia
Neglected Child
Social Services

ADDITIONAL RESOURCES

Commonwealth of Virginia Department of Social Services, Child Protective Services (CPS)
Child Abuse & Neglect Hotline Information
A Guide For Mandated Reporters in Recognizing and Reporting Child Abuse and Neglect

4202 Abandoned and Unclaimed Personal Property

1. PURPOSE

This policy outlines the procedures and responsibilities for collection, retention and disposal of abandoned and unclaimed property on the JMU campus or other locations owned, leased or operated by the university.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3.  The board has delegated the authority to manage the university to the president.

STATE AND FEDERAL REGULATIONS

Section 23–4.2 of the Code of Virginia authorizes the university to provide by regulation for the care, restitution, sale, destruction or disposal of unclaimed personal property, whether lost or abandoned, in its possession.

Abandoned or unclaimed intangible personal property shall be administered as provided in Section 55–210.12 et seq. of the Code of Virginia.

Abandoned motor vehicles shall be disposed of as provided in the City of Harrisonburg’s ordinance subject to Section 46.2-1200 et seq. of the Code of Virginia.

3. DEFINITIONS

Personal Property:
All property except land, that which grows on the land and structures on the land.

Tangible Personal Property:
All personal property that has physical form and substance (i.e., may be felt or touched) except for intangible personal property.

Intangible Personal Property:
Personal property that includes, by way of illustration, moneys, orders, drafts, interest, dividend income, credit balances, overpayments, gift certificates, security deposits, refunds, credits, unpaid wages, unused airline tickets and unidentified remittances, stocks, and other intangible ownership interests in business associations; moneys deposited to redeem stocks bonds, coupons, and other securities that make distributions; or similar types of property as defined in Section 55-210.2 of the Code of Virginia.

Finder:
Anyone who receives, discovers or locates any lost, abandoned or unclaimed personal property on the JMU campus or at other locations owned, operated or leased by the university.

Receiver:
The offices at JMU designated as “Lost and Found areas” appropriate for the receipt by the university of any lost, abandoned or unclaimed personal property.

4. APPLICABILITY

This policy applies to all persons who find or wish to claim any lost personal property on the JMU campus or other locations owned, operated or leased by the university.

5. POLICY

Receivers are authorized by the university to receive and have charge of lost, abandoned or unclaimed tangible personal property. Fixed Assets and Surplus Property is authorized to receive and have charge of lost, abandoned or unclaimed intangible personal property.

Intangible personal property believed to be abandoned or unclaimed shall be turned over to JMU Fixed Assets and Surplus Property by the finder. The property shall be administered by Fixed Assets and Surplus Property as provided in Section 55-210.12 et seq. of the Code of Virginia.

Tangible personal property that is lost, abandoned or unclaimed shall be turned over immediately by the finder to a receiver charged with receipting and retaining these items (Reference Policy 3106, Lost & Found Property).

Receivers shall only allow a claim of property upon satisfactory identification by the owner, proof of ownership and payment of the university’s reasonable charges for storage or other services necessary to preserve the property.

6. PROCEDURES

6.1 Lost & Found sites are listed on Appendix A.

6.2 All JAC cards turned into a receiver will be sent directly to the Campus Card Center and any cash or coin turned in will be sent directly to Fixed Assets and Surplus Property. Other items of value such as keys, checkbooks, drivers' licenses, jewelry, wallets, passports, computer equipment and bicycles will be sent directly to Public Safety for retention.

6.3 Persons claiming items from a receiver must have a picture ID (unless the lost item is the picture ID) or other satisfactory proof of ownership, must sign for the items, and must pay the university’s reasonable charges for storage or other services necessary to preserve the property. Inquiries pertaining to lost items can be made at any Lost & Found site on campus. Lost & Found notifications are publicized in The Breeze, the university student newspaper, once each semester by the University Center (Reference Policy 3106, Lost & Found Property).

6.4 Following 60 days of retention by the receiver, unclaimed tangible personal property will be itemized on a listing, securely packaged or boxed, and delivered to the JMU Surplus Property Office. Items will be held in The Surplus Property Office for an additional 60 days. After a total of 120 days of retention by the university, the Surplus Property Office, which is empowered to exercise fiduciary responsibility, may dispose of any surplus property in accordance with state surplus property regulations. Prior to receipt of unclaimed tangible personal property, the Surplus Property Office may provide written prior approval for destruction of property by a Receiver.

6.5 If the Surplus Property Office determines that the probable cost of sale including storage will exceed the sale proceeds, the property is inherently dangerous or the property may not lawfully be sold or used, the Surplus Property Office may provide for any such property, as appropriate under the circumstances, to be destroyed or discarded at an appropriate location or retained for use by the university.

7. RESPONSIBILITIES

The finder of any lost, abandoned or unclaimed tangible personal property is responsible for delivering the property immediately to a receiver.

The receiver will turn over checkbooks and checks, driver's licenses, jewelry, wallets, passports, electronic and computer equipment, bicycles, and similar items to Public Safety. JAC cards will be turned over to the Campus Card Center. Money (cash and coin) will be immediately transferred by the receiver to Fixed Assets and Surplus Property (reference Policy 3106).

For all other lost, abandoned or unclaimed tangible personal property, the receiver shall exercise fiduciary responsibilities for proper receipt, storage, retention and restitution of items for a period of at least 60 days and to effect reasonable efforts to notify potential owners that the property has been found. A complete list of lost tangible personal property shall be furnished by the receiver to the Surplus Property Office when the property is turned over for disposition.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion from the university.

9. EXCLUSIONS

None

10. INTERPRETATION

Authority to interpret this policy rests with the president and is generally delegated to the Assistant Vice President for Finance.

Previous version:  February 2011
Approved by the President: July 2002

Index Terms

Lost Items
Found Items
Lost and Found
Personal property

Appendix A

Bookstore Mark Glenn glennsm@jmu.edu 568-3627
Carrier Library Kate Worley worleycc@jmu.edu 568-6818
CISAT Jim Seifried seifrija@jmu.edu 568-3107
Convo Karen Moyers moyerskl@jmu.edu 568-3930
East Campus Library Heather Roberts roberthd@jmu.edu 568-4283
Gibbons Hall Debbie Vigar vigardk@jmu.edu 568-6252
Godwin Hall Neil Lam lamnw@jmu.edu 568-6457
Harrison Hall Joe Fitzgerald fitzgejg@jmu.edu 568-6263
Lost and Found Adm William Brown lostandfound@jmu.edu 568-3583
Madison Union Ritter Clevenger clevennr@jmu.edu 568-5555
Memorial Hall Joyce Conley conleyjr@jmu.edu 568-6572
Moody Hall Linda Barbosa barboslj@jmu.edu 568-5143
OCL/Festival Alex Adjei adjeiaa@jmu.edu 568-6071
Police Sheila Foglesong foglessd@jmu.edu 568-6913
Residence Life Sam Butler butlersg@jmu.edu 568-3104
Surplus Mark Colopy colopyma@jmu.edu 568-6931
Taylor Down Under Ritter Clevenger clevennr@jmu.edu 568-5555
UREC Lorie Miller millerla@jmu.edu 568-8718
Wilson Hall Judy Marshall marshajh@jmu.edu 568-3776
Zane Showker Colleen Jetton jettonce@jmu.edu 568-3254
1506 Use of University Property

1. PURPOSE

The purpose of this policy is to prohibit employees of the university from using university property for personal or private purposes.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

University property:
Any property, equipment, etc. purchased with university funds or owned by the university.

4. APPLICABILITY

This policy applies to all university employees.

5. POLICY

James Madison University prohibits using, borrowing, or removing university property for personal or private purposes.

6. PROCEDURES

This policy is not intended to prevent the use of university property, equipment, furnishings, materials, or supplies for approved academic, professional or university business activities. If it is necessary to remove such property from the campus, it may be done only with the written permission and approval of a director, department head, academic dean, associate/assistant vice president or division head.

In addition, JMU Policy 1603 requires university employees and students to report unauthorized use of university property to Audit and Management Services.  

7. RESPONSIBILITIES

The Assistant Vice President for Finance is responsible for all fixed assets of the university.

The appropriate vice president, dean or department head, associate/assistant vice president is responsible for providing written permission for removal of university property for approved academic, professional or university business activities.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None.

10. INTERPRETATION

Authority to interpret this policy rests with the president, and is generally delegated to the assistant vice president for finance.

Previous Version: March 2011
Approved by the President: May 2002

Index Terms
University property
Property
Use of university property

1111 Smoking Regulations

1. PURPOSE

This policy establishes the rules and regulations concerning smoking on the JMU campus, on property controlled by JMU, and in facilities and vehicles owned or controlled by JMU. This policy ensures compliance with the Virginia Executive Order 41.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth to govern the university, including the authority to establish rules for its safe operations. See Code of Virginia section 23-9.2:3. This power is delegated to the President in areas in which the Board has not established policy.

3. DEFINITIONS

Smoking: The carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or device; or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, cigarette, or any other smoking equipment or device of any kind.

4. APPLICABILITY

This policy applies to all employees, students, contractors, visitors, and all other individuals while they are on university owned or operated property, or in university vehicles.

5. POLICY

Smoking is not permitted within buildings, facilities, structures, or vehicles owned, leased or rented by the university, including parking garages, covered walkways, temporary enclosed structures, trailers, and tents as well as structures placed on state-owned property by contractors or vendors. This includes individual offices. Smoking is permitted outdoors on university grounds, plazas, sidewalks, malls and similar open pedestrian-ways, unless such areas are designated as non-smoking areas, provided smokers are 25 feet or more in distance away from an entrance, exit, outdoor air intake, or operable window of any facility, including parking garages. Smokers are required to use ash urns to dispose of their smoking material waste and are prohibited from littering state-owned property with smoking material waste.

6. PROCEDURES

6.1 Petition to Designate Outdoor Smoking Areas
Persons wishing to have a specific outdoor area designated as an outdoor smoking area may petition the building coordinator of the nearest building or other employee in charge of the outdoor space for the area to be designated as a smoking area. The building coordinator or employee in charge of the area will forward the petition through the appropriate individuals to the AVP or dean responsible for management of the outdoor area. The AVP or dean may either grant or deny the petition. If the petition is granted, the AVP or dean's office will contact the Director of Facilities Management to arrange for the installation of appropriate signage designating the area as a designated outdoor smoking area, and arranging for ash urns to be installed at outside locations 25 feet or more from entries, exits, outdoor air intakes, and operable windows to aid smokers in disposing of smoking materials.If the AVP or dean denies the petition, the denial may be appealed to the appropriate senior vice president, whose decision will be final.

6.2 Conflicts
Common courtesy and consideration toward others should be exercised. The university may choose to designate an outdoor area as a non-smoking area, or to remove the designation of an outdoor area as a smoking area, upon the request of any member of the university community. Such requests should be made to the appropriate AVP or dean. Members of the university community who disagree with the AVP or dean's decision to remove the designation of a smoking area or to deny a request to remove the designation of a smoking area may appeal that decision to the appropriate senior vice president, whose decision will be final.

6.3 Accommodations
The university, on the recommendation of the Department of Human Resources, the Office of Equal Opportunity, or the Office of Disability Services, may agree to provide a reasonable accommodation for the documented disability of a student, employee, or visitor by deciding that any outdoor area on campus should be a non-smoking area. This decision may be for a limited amount of time or as a permanent designation. The decision will be made by the AVP or dean, and it may be appealed to the appropriate senior vice president, whose decision in this regard is final.

7. RESPONSIBILITIES

It is the responsibility of each supervisor, manager, department head, director, dean and AVP to enforce the provisions of this policy in their area of accountability.

It is the responsibility of all AVP's and deans to decide on petitions to designate smoking areas, requests to remove the designation of an area as a smoking area and requests for accommodations of documented disabilities regarding smoking areas.

It is the responsibility of the senior vice presidents to resolve all appeals from the decision of an AVP or dean concerning the designation of an area as a smoking area or non-smoking area.

It is the responsibility of all students, faculty, staff and visitors to observe the smoking policy.

8. SANCTIONS

Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion of the student.

Violations of this policy may result in a charge of misconduct under the terms of the Faculty Handbook, Staff Handbook, or Student Standards of Conduct. Additionally, violations shall be considered in an employee's performance evaluation.

9. EXCLUSIONS

This policy does not apply to the use of smoking materials in laboratory research or dramatic productions. Special permission for such research or productions must be obtained from the appropriate AVP/dean prior to the commencement of the research or production.

10. INTERPRETATION

The authority to interpret this policy rests with the president, but is generally delegated to the Director of Human Resources.

Previous update: July, 2010
Approved by the president: October, 2005

Index of Terms

Smoking
No Smoking Areas
Designated Outdoor Smoking Areas
1115 Violence Prevention

1. PURPOSE

This policy is to provide procedures for the prevention of violence on campus, including assessment and intervention with individuals whose behavior poses a threat to the safety of the campus community.

2. AUTHORITY

The Board of Visitors is specifically required under § 23-9.2:10 of the Code of Virginia to determine a committee structure on campus of individuals charged with education and prevention of violence on campus.

3. DEFINITIONS

Behavioral Assessment Team (BAT):
The committee charged with assessment of and intervention with students whose behavior may present a threat to themselves or the safety of the university community. The BAT is a standing committee chaired by the Dean of Students, and including members from the Counseling Center, the Health Center, Judicial Affairs, Public Safety, Residence Life, Disability Services, and Academic Programs, and representatives from other university offices on an as needed basis.

Emergency Response & Recovery Team (ERRT):
The committee charged with assessment and intervention advising the division heads concerning response to and recovery from emergencies on campus, when convened by the President. The ERRT is a standing committee chaired by the Executive Assistant to the President, and includes members from Academic Programs, Business Services, Information Technology, Public Safety, Dean of Students, and the University Spokesperson.

Faculty/Staff Assessment Team (FSAT):
The committee charged with assessment of and intervention with faculty and staff members whose behavior may present a threat to themselves or the safety of the university community. The FSAT is chaired by the Director of Human Resources, and constituted as an ad hoc committee that includes members from the Counseling Center, Human Resources, Public Safety, and other university offices as appropriate.

Violence Prevention Team (VPT):
The committee charged with overseeing the education of the campus community on the prevention of violence on campus. The VPT is a standing committee chaired by the Executive Assistant to the President, and includes representatives from Judicial Affairs, the Health Center, Public Safety, and the Dean of Students.

4. APPLICABILITY

This policy applies to all members of the university community, all violence and threats of violence on campus, and all forms of physical violence to self and others.

5. POLICY

The university is committed to providing a safe and secure environment for all of the members of the community. The BAT and FSAT will meet as needed to assess and intervene with students, faculty and staff members whose behavior may present a threat to themselves or the safety of the university community. The VPT will develop plans and strategies to support the education of the university community on violence prevention, and to promote the engagement in and commitment to a safe campus. The ERRT will advise the president and division heads on the response to all emergencies on campus, and recovery from such emergencies.

6. PROCEDURES

6.1 Membership
All committees in this policy include legal counsel as ex-officio members, and may include other officials on an as needed basis to respond to specific incidents.

6.2 Committee Responsibilities
Each committee has developed a statement of mission, membership, and leadership.

6.3 Reporting Concerns
Any member of the university community who believes that the behavior of an individual who is on campus or who is a member of the community may present a threat to self or others in the university community should report the person to any member of the appropriate committee herein. BAT and FSAT will develop procedures to track reports and actions taken, including responses to victims of violence and threats of violence.

6.4 Actions by Committee
Reports of threatening behavior which are received by a committee member will be shared with the remainder of the committee as soon as practicable, either by phone, email, or a meeting. The committee will assess potential threats, and consider and recommend appropriate means of intervention to the appropriate university officials. Intervention may take the form of any appropriate means of action to prevent violence to self or others, including interim suspension or medical separation, to resolve potential threats.

6.5 Outside Resources
All committees listed in this policy shall, through the law enforcement personnel who serve as members, establish relationships or utilize existing relationships with local and state law-enforcement agencies to expedite intervention with individuals whose behavior may present a threat to safety. Committees listed in this policy shall, through the counseling and health personnel who serve as members, establish relationships or utilize existing relationships with local and state mental health agencies to expedite assessment and intervention with individuals whose behavior may present a threat to safety. Other members of committees listed in this policy shall establish relationships or utilize existing relationships with other appropriate local and state programs and agencies to expedite intervention with individuals whose behavior may present a threat to safety.

6.6 Obtaining Criminal History and Health Information
Upon a preliminary determination that an individual poses a threat of violence to self or others, or exhibits significantly disruptive behavior or need for assistance, the BAT or the FSAT may obtain criminal history record information, as provided in §§ 19.2-389 and 19.2-389.1 of the Code of Virginia, and health records, as provided in § 32.1-127.1:03 of the Code of Virginia through the Office of Human Resources under provisions set forth in Policy 1321. No member of a team shall redisclose any criminal history record information or health information or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the committee. However, such information may be shared with the appropriate members of the administration on a need to know basis in order to take appropriate action regarding the individual. Information that is obtained through a third party administrator must be managed in compliance with applicable federal and state regulations, including the Americans with Disabilities Act, the Family Medical Leave Act, the Fair Credit Reporting Act, and the Health Information Portability and Accountability Act.

7. RESPONSIBILITIES

The BAT is responsible for assessing student behavior and making recommendations to the administration on the most appropriate intervention to respond to students whose behavior may present a threat to themselves or the safety of the university community.

The FSAT is responsible for assessing faculty and staff behavior and making recommendations to the administration on the most appropriate intervention to respond to faculty and staff members whose behavior may present a threat to themselves or the safety of the university community.

The VPT is responsible for providing education and guidance to all members of the university community regarding recognition of threatening or aberrant behavior that may represent a threat to the community, and identification of members of the campus community to whom threatening behavior should be reported.

The ERRT is responsible for making recommendations to the president and division heads on the response to all emergencies on campus, and recovery from those emergencies.

8.SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense.

9.EXCLUSIONS

Threats of violence which concern neither members of the university community nor the campus are not covered by this policy.

10.INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Special Assistant to the President.

Previous version: None
Approved by the President: September, 2010

INDEX TERMS

Behavioral Assessment Team (BAT)
Emergency
Emergency Response & Recovery Team (ERRT)
Faculty/Staf Assessment Team (FSAT)
Threats
Violence
Violence Prevention Team (VPT)

1108 Internal Controls

1. PURPOSE

This policy provides guidelines for implementation of internal control programs.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUE AND/OR REGULATION

The State Comptroller mandates the implementation and annual assessment of agency internal control systems in order to provide reasonable assurance of the integrity of fiscal processes related to the submission of transactions to the Commonwealth's general ledger, submission of financial statement directive materials, compliance with laws and regulations, and stewardship over the Commonwealth's assets. The comptroller further requires that the documentation and assessment of internal controls be conducted in accordance with the state's Agency Risk Management and Internal Control Standards (ARMICS).

3. DEFINITION

Internal controls:
Procedures included in a process for management and other personnel designed with the specific purpose of providing reasonable, but not absolute, assurance that objectives are being achieved in the following areas:

  • effectiveness and efficiency of operations;
  • reliable financial reporting;
  • compliance with applicable laws and regulations, in addition to federal, state, university, and departmental policies, plans and procedures;
  • safeguarding of assets; and
  • accomplishment of goals and objectives in an efficient manner.

Types of internal control activities include:

  • proper authorization and approval;
  • documented review of information for accuracy, completeness and validity;
  • proper supervision;
  • physical security of assets;
  • written policies and procedures;
  • process documentation;
  • proper segregation of duties;
  • proper assignment and authorization to information systems, electronic applications and data; and
  • procedures to secure data.

4. APPLICABILITY

This policy applies to critical processes at the university and to all employees of the university.

5. POLICY

The university will maintain adequate internal controls.

6. PROCEDURES

6.1 Department heads implement and maintain adequate documentation regarding internal controls for their areas.

6.2 The Finance Office establishes internal control and conducts internal control reviews in accordance with ARMICS to determine whether adequate internal control measures exist to address potential risks in a cost-effective manner.

6.3 The Assistant Vice President for Finance can advise department heads on how to incorporate internal controls into new and revised processes and systems.

7. RESPONSIBILITIES

Vice presidents are responsible for ensuring that adequate internal controls are maintained in their respective divisions.

Academic unit heads and administrative department heads are primarily for maintaining adequate internal controls in their areas.

The Assistant Vice President for Finance establishes internal control policy, develops and publishes procedures, evaluates internal controls annually to determine operating effectiveness and issues a statement concerning internal controls to accompany the university's submission of its financial statements to the Department of Accounts. The Assistant Vice President for Finance also documents the agency's assessment of internal controls in compliance with ARMICS and the related comptroller's directive.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to Assistant Vice President for Finance

Previous version: February 2011
Approved by the President: November, 2002

Index Terms

ARMICS
Controls

1505 Use of University Owned Telephones & Services by University Employees

1. PURPOSE

This policy prescribes procedures for the use of university-owned telephones and services by JMU employees. It is designed to implement applicable policies of the Commonwealth of Virginia.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

None.

4. APPLICABILITY

This policy applies to all employees of James Madison University using university telephones and making data transmissions.

5. POLICY

The university telephone system, credit card charges to it, and university-funded cell phones are provided to support and enhance the business operations of the university.

6. PROCEDURES

6.1. Land Line Phones: Personal local calls during business hours are to be kept to a minimum. Personal long-distance calls are discouraged but can be made under extenuating circumstances, in which case the caller is required to reimburse the university for the cost of the call. Employees making personal, non-emergency phone calls are to use a, personal credit card or bill the call to their home telephone.

6.2. Cell Phones: The university will only provide cell phones for shared departmental use. Personal calls from or to a university cell phone are highly discouraged and should only occur for emergency situations. The employee responsible for such personal calls must reimburse the university as mandated by IRS regulations.

When the university mission requires an individual employee to be the exclusive user of a cell phone, that employee will be required to obtain the phone and service personally. The employee may be given a stipend to assist with the expense. Specific cell phone procedures are located on the Telecommunications web site.

6.3. When an employee is required by the university to have internet access from home for work related duties, the employee will be responsible for obtaining the data service personally. The employee will be given a stipend to assist with the expense.

6.4. All university provided cell phones and telecommunications stipends must be approved by the appropriate vice president prior to phone purchase and service contract implementation.

7. RESPONSIBILITIES

Departmental managers are responsible for the monthly review of long distance charges, including credit card charges and cell phone usage to assure compliance with this policy.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None.

10. INTERPRETATION

Authority to interpret this policy rests with the President, and is generally delegated to the Associate Vice President forInformation Technology..

Previous Version: January, 2009
Approved by the President: December, 2008

Index Terms

Personal phone usage
University telephones
Telephone use
University cell phones

2112 Student Privacy

1. PURPOSE

The purpose of this policy is to outline the university's responsibility for compliance with laws concerning access to and privacy of student records and student information. 

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3.  The board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The Family Educational Rights and Privacy Act of 1974 (“FERPA,” 20 USC 1232g et. seq.) is a federal law that addresses access to and confidentiality of student education records.  The Health Insurance Portability and Accountability Act of 1996 (“HIPAA,” 42 U.S.C. 1301 et seq.) is a federal law that addresses protections for personal health information. The Virginia Government Data Collection and Dissemination Practices Act (“Privacy Act,” Code of Virginia 2.2-3803(A)) is a state law that addresses the use of personal records held by state agencies.  The Virginia Freedom of Information Act (“FOIA,” Code of Virginia 42.1-76) is a state law that addresses public access to records maintained by state agencies. The Fair Credit Reporting Act (“FCRA,” 15 USC § 1681 et seq.) is a federal law that addresses fair and accurate consumer credit reporting. The Fair and Accurate Credit Transactions Act of 2003 (“FACTA,”) amended the FCRA and added requirements concerning protection of consumers from identity theft. The Gramm-Leach-Bliley Act (“GLBA,” 15 U.S.C. §6801 et seq.) is a federal law that addresses confidentiality of consumer financial information.

3. DEFINITIONS

Consumer Financial Information:
This information includes Social Security Numbers, financial account numbers, credit card numbers, dates of birth, names, addresses, and phone numbers when collected with financial data, and details of any financial transactions between the university and a student.

Directory Information:
This information includes a student’s name, telephone numbers, addresses, date and place of birth, major and minor fields of study, college of major and year (first year student, sophomore, etc.), enrollment status (full-time/part-time) including credit hours, dates of attendance, degree sought and time, degrees conferred, awards and honors conferred, participation in officially recognized activities and sports, weight and height of members of athletic teams; the most recent previous educational agency or institution attended by the student, fraternity and/or sorority and educational societies.  This list may be amended from time to time by the university. For the current list, consult the current Undergraduate Catalog.

Education Records:
Records directly related to a student and maintained by the institution or a party acting for the institution related to the student’s education. The term "education record" does not include the following:

a. Records of an instructional, supervisory, administrative, and educational nature, maintained by university officials for their personal use only.
b. Student employee records. These records may be covered by the Privacy Act.
c. Alumni records (generated after a student is no longer enrolled at the institution).
d. Student health records. These records are covered by HIPAA.
e. Records concerning a student who is deceased.
f. Law enforcement records.

FACTA:
The Fair and Accurate Credit Transactions Act of 2003.

FERPA:
The Family Educational Rights and Privacy Act.

FOIA:
The Virginia Freedom of Information Act.

GLBA:
The Gramm-Leach-Bliley Act.

Health Records:
Student health, psychiatric, and counseling records maintained in connection with the treatment of the student.

HIPAA:
The Health Insurance Portability and Accountability Act of 1996.

Hold:
An administrative action taken by the university to flag a student’s record, thus prohibiting the student from changing his or her status without clearing the administrative action by specific procedures.

Legitimate Educational Interests:
Those interests that are essential to the general process of higher education. Legitimate educational interests would include teaching, research, public service, and such directly supportive activities as academic advising, general counseling, therapeutic counseling, discipline, vocational counseling and job placement, financial assistance and advisement, medical services, academic assistance, and audit activities. In addition, legitimate educational interests include appropriate co-curricular activities that are generally supportive of overall goals of the institution and contribute to the general well being of the entire student body and specifically to many individuals who participate in these activities. These activities include varsity and intramural sports, social fraternities, specific interest clubs, and student government.

Personally Identifiable Information:
Data or information which include 1) the name of the student, the student's parent(s), or other family members; 2) the student's address; 3) a personal identifier such as a social security number or student number; or 4) a list of personal characteristics, or other information which would make the student's identify easily traceable.

Privacy Act:
The Virginia Government Data Collection and Dissemination Practices Act.

Privacy Flag:
An indication on a student’s record that he or she has requested that Directory Information not be disclosed. 

School Officials:
University employees with general or specific responsibility for promoting the educational objectives of the university. Employees whose responsibilities place them within this category include: teachers; faculty advisors; admissions counselors; academic advisors; counselors; employment placement personnel; deans, department heads, directors, and other administrative officials responsible for some part of the academic enterprise or one of the supporting activities; administrative and faculty sponsors of officially recognized clubs, organizations, etc; members, including students and alumni, of official university committees, and clerical personnel employed to assist university officials in discharging professional responsibilities.

University Health Care Provider:
University health care providers include all providers of services (e.g., the student health center, the counseling center, the athletics training facilities) and providers of medical or health services (e.g., physicians, trainers, nurses, counselors and other medical practitioners) as defined by Medicare, and any other person or organizational unit that furnishes, bills, or is paid for health care of students.

4. APPLICABILITY

This policy applies to all employees, students and individuals acting on behalf of the university.  It applies to all personally identifiable information maintained by the university concerning current or former students. For health records of a student, it applies to any university health care provider who transmits health information about a student in connection with claims, benefit eligibility inquiries, referral authorization requests, or other transactions.

5. POLICY

5.1 Although the university’s records are public documents covered by FOIA, which must be disclosed upon request by a citizen of Virginia or a representative of media doing business within Virginia, an exception within FOIA provides that FERPA protects personally identifiable information in student education records. Student health records are protected under HIPAA.  Student employment records are protected under the Privacy Act. Student consumer financial information is protected under GLBA and FACTA, and includes protection against identity theft.  

5.2 Students have privacy rights in their education records, including: 

a. The right to inspect and review their own education records, except as noted in 5.3 below.

b. The right to challenge (seek correction of) the contents of their own education records, and to have a formal hearing, if necessary, for a fair consideration of such a challenge, and the right to place an explanatory note in their own education record in the event that a challenge of contents is unsuccessful.

c. The right to control, with certain exceptions listed in 6.3 below, the disclosure of the contents of education records. This includes the right to place or remove a Privacy Flag on their education records under 6.3.B below.

5.3 The university is not required to permit students access to the following types of information in their own education record:

  • Financial information submitted by parents.
  • Confidential letters of recommendation submitted prior to January 1, 1975.
  • Confidential letters and recommendations on which a student has waived the right of inspection.
  • Any part of a record pertaining to another student.
  • Information specifically excluded under FERPA's definition of "education records.”

5.4 Under FERPA, employees and officials at the university are prohibited from disclosing personally identifiable information from student education records without the express written consent of the student.  However, the university is allowed to release information maintained in education records concerning a student without obtaining the student’s permission in certain limited circumstances outlined in 6.3 below.

5.5 A request for information that does not reveal personally identifiable information concerning any individual student is subject to disclosure under the terms of FOIA.  For responses to FOIA requests, see Policy 1103, Responding to External Requests for Information.

5.6 Student health information and student employment records will not be disclosed to individuals or entities outside of the university without the student’s permission.  Within the university, only those individuals who have a legitimate need to know the information will be given access to such information. The university will take appropriate steps to secure student health information.

5.7 The university will safeguard student financial information and take appropriate steps to protect students against identity theft. 

6. PROCEDURES

6.1 Inspection
Students who wish to inspect and review their education records may do so by submitting a written request to the official responsible for the specific record desired. The responsible official must respond within 45 days of the request by sending the student a copy of the requested record or arranging an appointment for the student to review the requested data.

6.2 Copies
Copies of education records or record entries, with certain exceptions, may be obtained by the student at the cost of $.15 per page. Unofficial copies of a student's permanent academic record (transcript) will be provided at no charge. The university reserves the right to deny a copy of an education record for which a financial hold exists, or for a transcript of an original source document which exists elsewhere.

6.3 Consent
University employees who maintain education records on students generally must receive written consent from the student before releasing personally identifiable information, evidenced by a signed document.  Only in the following limited circumstances may information be released without the written consent of the student:

A. A student's education records may be released without consent to officials within the university having a "legitimate educational interest" in such information. Access by these officials is restricted only to students for whom they have professional responsibility and only to that portion of the student record necessary for the discharge of assigned duties.

B. At its discretion, the university may provide directory information concerning an individual student to anyone, unless the student specifically requests in writing that this information not be released. This request for a Privacy Flag must be submitted in writing to the Office of the Registrar within five days of the first day of classes of each school year. The request for a privacy “flag” may be withdrawn at any time by the student.

C. The university may also release personally identifiable information contained in a student's record to:

a. Officials of other institutions in which a student seeks to enroll. 
b. Government officials in connection with the audit and evaluation of federal and state-supported education programs. 
c. Persons and organizations providing the student with financial aid. 
d. Persons or organizations conducting research, studies or data collection on behalf of the university for the development of tests, administration of financial aid, or the improvement of instruction.  
e. Accrediting agencies. 
f. Parents of dependent students as defined by the United States Internal Revenue Code of 1954. Under Virginia law, the university will release information to parents of dependent students at the parent’s request. Dependency must be established by the student’s signing a dependency form in the Registrar’s Office or by the parent’s providing to the university the most recent year’s federal tax return.
g. Appropriate persons in an emergency in order to protect the health and safety of the student or of others. 
h. Parents of dependent students when the student has received mental health treatment at the health center or counseling center, if in the opinion of the treating health care provider the student is likely to be a danger to himself or others, unless the treating health care provider determines that notification will result in harm to the student, according to the Virginia Privacy Act.  
i. Courts, agencies or individuals in compliance with a validly issued judicial order or subpoena. In this case, the student will be notified in advance of disclosing the records (generally with two weeks notice), unless the subpoena specifically mandates that no notice be given.
j. Parents of a dependent student when the student has violated university rules or criminal laws concerning alcohol or drugs.

6.4 Challenging the Contents 
Students may challenge the contents of an education record that they consider to be inaccurate, misleading or otherwise in violation of their privacy rights. Students may initiate a challenge by submitting a written request to the custodian of the particular record in question who shall attempt to resolve the problem through informal discussions. If a challenge to a record is not satisfactorily resolved by this procedure, students will be informed of their right to a formal hearing, the procedures to be followed concerning such a hearing, and its composition. Students requesting a hearing will be notified in writing of the date, place, and time of their hearing. At the hearing, students may present evidence in support of their request and may be assisted by an advisor or attorney. Decisions of the hearing panel are final. If decisions of the hearing board are unsatisfactory to students, they may place in the education records their own statement commenting on the information contained in the record and setting forth any reason for disagreeing with the decision of the hearing panel. 6.5 Waivers/permission

Students may waive any of their FERPA rights including the release of their education records by providing written consent. Such permission must be signed and dated by the student and specify the exact records to be released and the individual to whom the records should be released.  

6.6 Student Employment Records
A student wishing to see his or her employment records may request them from the office that maintains the records.

6.7 Student Health Records
A student wishing to see his or her health records may request them from the office that maintains the records, but the health care provider may decline to provide access to the student in appropriate circumstances.

7. RESPONSIBILITIES

7.1 It is the responsibility of university health providers maintaining student health information to safeguard the privacy of student health records.  

7.2 It is the responsibility of university officials maintaining student employment records to safeguard the privacy of those records. It is also the responsibility of these officials to arrange for access by the student to his or her own employment records.

7.3 It is the responsibility of university officials maintaining education records to comply with this policy and safeguard the privacy of student records.  It is also the responsibility of these officials to arrange for access by the student to his or her own education records.

7.4 The university offices maintaining education records shall keep a record of all parties obtaining access to the contents of student records (except in case of requests by students for access to their own record; by school officials with legitimate educational interests; by parties with specific written consent of the student; or by parties requesting directory information). This record of requests must identify the person(s) seeking and obtaining information contained in a record, the nature of the information disclosed, the date of the disclosure, and the notice to the student of the disclosure, if any.  The record of disclosures is available for inspection by the student identified by the record.

James Madison University maintains the following "education records" as defined by FERPA and responsibility for them as listed below.

RECORD OFFICE CUSTODIAN WEBSITE
Permanent Office of the Registrar University Registrar

http://www.jmu.edu/registrar/

Academic
(transcript)
Office of the Registrar University Registrar

http://www.jmu.edu/registrar/transcripts.shtml

Disciplinary Student Life-
Judicial Affairs
Director of Judicial Affairs

http://www.jmu.edu/judicial/

Financial Aid Financial Aid &
Scholarships
Director of Financial Aid &
Scholarships

http://www.jmu.edu/finaid/

Financial
Accounts
Student Financial
Services
Director of Financial Services

http://www.jmu.edu/finaid/

Placement Academic Advising &
Career Development
Director of Academic
Advising & Career
Development

http://www.jmu.edu/cap/


8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

The following records are not covered by this policy:

• Records of an instructional, supervisory, administrative, and educational nature maintained by university officials for their personal use only.

• Alumni records (generated after a student is no longer enrolled at the institution). 

• Law enforcement records.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Vice President for Academic Affairs.

Previous version:  May 2002

Index of Terms

Consumer financial information
Education Records
FACTA
FCRA
FERPA
FOIA
GLBA
Health Records
HIPAA
Identity Theft
Privacy
Privacy Act
Student Employment Records
Student Records

1324 Discrimination and Harassment UNDER REVIEW

THIS POLICY IS CURRENTLY UNDER REVIEW

1. PURPOSE

This policy sets out the university's commitment to providing a workplace and learning environment free from illegal discrimination and harassment. It also provides procedures for university community members and visitors to file internal complaints alleging discrimination or harassment against any employee or affiliate of the university, or against any visitor whose discrimination or harassment interferes with the complainant's workplace or learning environment. Procedures for complaints filed against students can be found in the JMU Student Handbook.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND / OR REGULATION

This policy is written in accordance with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§2000d and e), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) the ADA Amendments Act of 2008 (ADAAA) (42 U.S.C. § 12,101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC section 791, et seq.), and the Equal Pay Act (29 U.S.C. § 206 et seq.), as well as the Virginia Human Rights Act (Code of Virginia §2.2-3900 et seq).

3. DEFINITIONS

Affiliate
An individual who has a formal affiliation with the university under the terms of Policy 1337.

Complainant
A university community member or visitor who files a formal complaint under this policy.

Complaint
The signed and written document used to file a formal complaint under this policy.

Complaint Commencement Date
The date on which the complainant provides the Title IX Officer with the written and signed complaint.

Day
A calendar day. When the end of a specified period of days falls on a weekend or on a day when classes are not scheduled, that period shall be deemed to end on the next scheduled class day. (Example: A specified time period will not end during spring break or on any day between the end of the last summer session and the first scheduled class day of the fall semester. The specified time period will be continued until the next official class day.)

Director of Equal Opportunity (DEO)
The person the president has charged with oversight of this policy and procedure. The DEO is the Title IX Coordinator for the university.

Discrimination
To take an adverse action or provide unequal treatment based on a person's age, color, disability, national origin, parental status, gender identity, genetic information, political affiliation, race, religion, sex, sexual orientation or veteran status when such action deprives a person of a privilege or right (such as a benefit, an equitable evaluation, a grade, a position or a promotion), or otherwise adversely affects the person. This also includes retaliation for filing a complaint and harassment on the basis of one of the bases listed above. It also includes denial of a reasonable accommodation for a disability.

Faculty Member
An instructional or Administrative & Professional (AP) faculty member employed by the university.

Harassment
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Respondent
An employee or affiliate of the university or visitor against whom a complaint under this policy is filed.

Retaliation
Overt or covert acts of discrimination, harassment, interference, intimidation, penalty, reprisal or restraint against a group or individual exercising rights under this policy. Retaliation shall be deemed to constitute harassment and, therefore, will be considered a separate violation of this policy.

Staff Member
A full- or part-time classified employee or wage employee.

Title IX Coordinator
The individual designated by the university to coordinate the institution's compliance with Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.). The Title IX Coordinator for the university is the DEO. The DEO has oversight of this policy, coordinates the actions of the various Title IX officers on campus and is responsible for reporting on the university's compliance with Title IX.

Title IX Officer
The officials within the university charged with receiving, investigating and processing complaints under this policy. The Title IX Officer who is assigned to handle complaints by student athletes under this policy is the Associate Athletics Director for Compliance (AAD). The Title IX Officer who is assigned to handle complaints by all other students under this policy is the Director of the University Health Center (UHC). The Title IX Officer who is assigned to handle complaints by staff members under this policy is the Director of Human Resources (HR). The Title IX Officer who is assigned to handle complaints by faculty members and visitors under this policy is the DEO.

University Community Member
An individual employed or affiliated with the university in one or more of the following full-or part-time capacities:

  • Administrative & Professional (AP) faculty member
  • Classified employee or other employee (such as wage or part time)
  • Instructional faculty member
  • Affiliate
  • Student (graduate or undergraduate)

Visitor
For the purposes of this policy, a person who is not enrolled at, compensated by or an affiliate of the university but is engaged in a university sponsored or contracted working or learning activity.

4. APPLICABILITY

This policy applies when a member of the university community or visitor believes that s/he has been subjected to harassment or discrimination by an employee or affiliate of the university or by a visitor. All acts of discrimination and harassment are covered provided that at least a substantial portion of the alleged wrongful behavior either occurred on university-controlled, university-leased or university-owned property or otherwise had a significant connection to or effect on the activities of the university or the learning or working environment for the complainant.

A person who is no longer a member of the university community or a visitor but who was when at least a substantial portion of the alleged wrongful behavior occurred is eligible to file a complaint. A complaint filed by a complainant who has no further connection with the university or against a respondent who has no further connection with the university may be dismissed by the DEO if the university has no means to take appropriate steps to eliminate the harassment, prevent its recurrence or address its effects.

5. POLICY

The university is committed to providing a work and learning environment that is free from discrimination or harassment based on protected criteria. Conduct that constitutes discrimination or harassment is a violation of university policy and is sanctionable.

This policy prohibits discrimination against an individual on the basis of age, color, disability, national origin, gender identity, genetic information, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status. It applies in the employment relationship, including job application procedures, hiring, advancement, discharge, compensation, job training, or other terms and conditions of employment. It applies in the educational relationship with students, including application procedures, admissions, grades, discipline, dismissal, or other terms and conditions of matriculation. It applies in the provision of services that are provided by the university to students or other individuals, including visitors. It is also a violation of this policy to retaliate against or harass an individual who files charges or participates in proceedings under this policy.

Any member of the university community or visitor who is subjected to discrimination or harassment by an employee, affiliate or visitor may bring a complaint under this policy to attempt to address the situation.

Any member of the university community who is subjected to abuse or harassment by a student may bring a complaint under the terms of the Student Code of Conduct. See http://www.jmu.edu/judicial/handbook/JudicialPolicies.html

6. PROCEDURES

6.1 Informal Resolution Attempts

6.1.1. Before bringing a complaint to the Title IX Officer, the complainant is encouraged to discuss the complaint with the respondent to attempt to resolve it, except in cases involving sexual violence where encouraging such a discussion is never appropriate. In any case, if the complainant does not feel comfortable discussing the matter directly with the respondent, the complainant is encouraged to discuss the matter promptly with any of the following university resources:

  • The DEO
  • The complainant's supervisor
  • A Counseling and Student Development Center staff member
  • Human Resources staff member
  • the faculty, staff or student ombudsperson
  • The respondent's supervisor
  • Another Title IX Officer
  • Another university official who the complainant believes to be an appropriate adviser given the nature of the situation (i.e., a coach, a faculty mentor, a residence hall adviser, etc.)

Any university official contacted by a complainant is encouraged to communicate the general nature of the matter to the DEO, without disclosing the identities of the parties if necessary, to assist the DEO in developing effective campus educational programs and assessing the campus climate.

6.1.2. If the complainant meets informally with a Title IX Officer or any other university official and asks that the information disclosed be kept confidential, the university official contacted informally by the complainant must determine whether to keep the information confidential or whether it must be communicated to the DEO to protect the university. However, in cases involving allegations of conduct that appear to constitute sexual harassment, including sexual violence, the university official contacted has an affirmative duty to disclose the information to the DEO and does not have the discretion to keep the disclosed information confidential. University officials should inform any individual who has disclosed information concerning sexual harassment that such information will not be kept confidential and should encourage the potential complainant to cooperate with the investigation of the matter.

6.1.3. If any discussions between the complainant and the respondent or between the complainant and any other university official do not lead to a resolution that is satisfactory to the complainant or if the complainant does not pursue such discussions, the complainant should contact the Title IX Officer not later than 30 days after the last behavior date. Failure to make a timely report to the Title IX Officer may impede the university's ability to effectively investigate the charge, but such failure will not prohibit the complainant from filing a formal complaint, as long as such complaint is timely filed under 6.2.1.

When the complainant contacts the Title IX Officer, that person will discuss with the complainant the procedures that will be followed with respect to any ensuing investigation, resolution attempts and referral for a potential hearing. The Title IX Officer will also notify the DEO, who will advise the appropriate vice president (organizationally above the respondent) of the existence of the complaint, whether it is formal or informal.

6.1.4. If the complainant decides not to file a formal complaint of discrimination (except sexual harassment or sexual assault), the Title IX Officer will inform the DEO. The DEO will advise the appropriate vice president that no complaint was filed, and the matter will be closed.

6.1.5. If the complainant decides not to file a formal complaint in the case of an allegation of sexual harassment, including sexual assault, the Title IX Officer will, even without the cooperation of the complainant if necessary, investigate the allegations to the extent possible under the circumstances. It is within the discretion of the Title IX Officer to decide whether the respondent must be notified of the informal charge before or in the course of the investigation.

6.1.6. If the investigation into potential sexual harassment reveals information that indicates that the policy applies and that the evidence justifies a preliminary finding of a violation of the policy, the Title IX Officer will report this finding to the DEO. The DEO will advise the complainant, respondent, and the respondent's supervisor or sponsoring department of the preliminary finding. The appropriate vice president (organizationally above the respondent) will also receive notice of the finding. The Title IX Officer will turn over the findings to the DEO, who will decide whether to give them to the respondent's supervisor or sponsoring department. The DEO will not supply the findings to the complainant or the respondent but will inform them that the matter has been turned over to the respondent's supervisor or sponsoring department.

6.1.7. If the investigation into potential sexual harassment reveals information that indicates that the policy does not apply or that the evidence does not justify a preliminary finding of a violation of the policy, the Title IX officer will report this finding to the DEO, who will advise the respondent's supervisor or sponsoring department that the informal complaint will be dismissed. The Title IX officer will inform the complainant and the respondent that the informal charge is dismissed. This decision is final and may not be appealed.

6.1.8. If the complainant decides to file a formal complaint, the Title IX Officer may, with the permission of the complainant, contact the respondent and attempt to help bring about a resolution. The Title IX Officer may suggest that the complainant and the respondent participate in mediation, but participation is not mandatory and is never appropriate in cases involving sexual violence. Mediation is entirely voluntary, and failure to participate in mediation shall not be considered adversely against either the complainant or the respondent in any ensuing investigation or hearing.

6.2 Complaint Process

6.2.1. The formal complaint must be filed by the complainant not later than 180 days after the last date of discriminatory or harassing behavior by providing the Title IX Officer with a signed, written document detailing the allegations, naming the respondent and providing as much detail as possible about the charges. The Title IX Officer may extend this period to no more than 300 days if an informal resolution procedure under 6.1.8. is in progress. A formal complaint may not be filed anonymously or on behalf of another person, although an anonymous complaint or third party complaint alleging sexual violence may be investigated by the Title IX Officer if sufficient information is provided. The Title IX Officer will confirm the complaint commencement date with the complainant in writing and will notify the respondent and the DEO, supplying both with a copy of the complaint.

6.2.2. Upon receipt of the complaint, the Title IX Officer shall determine whether this policy applies and will dismiss a complaint if the policy does not apply. The Title IX Officer will notify the complainant, the respondent and the DEO in writing of the dismissal. A decision by the Title IX Officer that this policy does not apply is final and may not be appealed.

By way of example, the Title IX Officer may find that this policy does not apply upon determining any of the following:

  1. That even if the complainant's allegations are true, the respondent's conduct would not constitute harassment or discrimination as defined in this policy.
  2. That the alleged conduct did not occur on university-owned, university-leased or university-controlled property or did not otherwise have a significant connection to the activities of the university or the working or learning environment for the complainant.
  3. That the complainant or respondent is not a university community member or a visitor with whom the university has any continuing relationship.
  4. That the complaint was not timely filed.
  5. That the complainant was not the party harmed by the discrimination or harassment, and the party harmed cannot be identified or has no interest in pursuing the matter. However, in cases involving sexual harassment, the unwillingness of the party harmed to be involved in the matter will not necessarily result in a dismissal.

This list is not exclusive, and other situations may result in the Title IX Officer determining that the policy does not apply.

6.2.3. If the Title IX Officer determines that this policy applies, the Title IX Officer shall conduct an investigation of the complaint in any manner the Title IX Officer deems appropriate. All members of the university community are required to cooperate in the investigation.

6.2.4. Not later than 60 days after the complaint commencement date, the Title IX Officer shall provide the appropriate office with authority over the respondent (i.e., the supervisor for an employee or the sponsoring department for an affiliate) with a confidential written report of the Title IX Officer's recommendations and findings, with a copy to the DEO and the appropriate vice president organizationally above the respondent. The Title IX Officer may also report to the appropriate office the Title IX Officer's opinion on whether the evidence justifies a preliminary finding by the Title IX Officer that the respondent violated this policy and whether the respondent should be charged with misconduct under the appropriate disciplinary procedures, if any. Any such preliminary finding by the Title IX Officer shall be based on a preponderance of the evidence available. Such a preliminary finding is not binding on the fact-finders in any subsequent misconduct hearing or procedure and shall not be available to the complainant or the respondent. Its function is entirely advisory to the appropriate office concerning the office's subsequent handling of the allegations in the appropriate process. It is then up to the appropriate office to determine what steps to take, including whether to institute disciplinary procedures against the respondent for misconduct, subject to review by the appropriate vice president.

6.2.5. The university will take prompt and effective steps reasonably calculated to end discrimination and harassment, eliminate any hostile environment and its effects, and prevent the discrimination or harassment from recurring. Appropriate steps to end discrimination and harassment may include separating the complainant and the respondent, providing counseling for the complainant and/or respondent or taking disciplinary action against the respondent or against a complainant who makes a false report.

6.2.6. A classified staff member may be disciplined or discharged for violation of this policy under the Commonwealth's Standards of Conduct. See Policy 1317. A wage employee may be disciplined or discharged for violation of this policy under the terms of Policy 1325. An AP faculty member may be disciplined or discharged for violation of this policy under the terms of Policy 1335. An affiliate may have his/her status as affiliate removed for violation of this policy under the terms of Policy 1337. An instructional faculty member may be disciplined or discharged for violation of this policy under the terms of the Faculty Handbook, Section III.A.25.

6.2.7. If the Title IX Officer finds by a preponderance of the evidence available that the evidence does not justify such a preliminary finding of violation, the Title IX Officer will dismiss the complaint and will send a notice of such dismissal to the complainant, the respondent, the DEO and the appropriate vice president organizationally above the respondent.

6.2.8. A decision by the Title IX Officer that the evidence does not justify such a preliminary finding of violation may be appealed by the complainant to the DEO within five days by presenting a written appeal detailing the reasons the decision should be overturned.

6.2.9. If no appeal is timely filed, the complaint will be dismissed by the DEO, and the complainant, respondent and vice president will be notified.

6.2.10. If an appeal is timely filed, the DEO will decide whether to refer the case to the appropriate office for further proceedings or to uphold the dismissal. The DEO's decision will be sent in writing to the complainant, the respondent and the appropriate vice president. The DEO's decision on whether to refer the case to the appropriate office for further proceedings or to dismiss the case is final and may not be appealed.

6.2.11. If the Title IX Officer finds that the evidence justifies a preliminary finding of violation, the Title IX Officer will notify the DEO, the appropriate vice president organizationally above the respondent, the complainant and the respondent that s/he is referring the complaint to the appropriate office for further proceedings.

6.2.12. The DEO will serve as a resource for any hearing officer or body who is charged with conducting a hearing or reaching a decision on the issue of the respondent's misconduct under the terms of this policy. Upon request, the DEO may serve in an advisory capacity in any such hearing or meeting. The Title IX Officer may serve as a witness or as the responsible official presenting the allegations of misconduct against the respondent in any such hearing or meeting.

6.3 Other provisions:

6.3.1. Exceptions to Provisions
It is not intended that the outcome of a complaint be determined by a procedural violation that does not unduly prejudice the complainant or the respondent. Therefore, the Title IX Officer, the DEO, the appropriate vice president organizationally above the respondent or the appropriate office to whom the case is referred may make exceptions to the provisions (including time deadlines) of this policy provided, however, that any exception is intended to bring about a just outcome and does not unreasonably adversely affect another participant in the process.

6.3.2. Confidentiality, Other Consequences
All participants in all proceedings under this policy will observe confidentiality to the extent reasonably possible. However, in the event of any final determination of a violation of this policy, the appropriate vice president organizationally above the respondent will provide information about the final determination to appropriate university officials and to the complainant and respondent. The university may also use any information obtained in the proceedings to defend itself against any claims, complaints or allegations brought against it.

6.3.3. Education
The DEO will provide educational materials to appropriate university officials and community members in order to enable them to better fulfill their responsibilities under this policy.

6.3.4. Suspension Pending Outcome
Pending the outcome of any investigation and pending the completion of the procedures in this policy and in the policies concerning misconduct referenced herein any member of the university community charged with discrimination or harassment may be temporarily suspended from employment and/or issued a no-trespass notice banning the person from campus. Additionally, any person charged through a formal or informal complaint under this policy will be notified that retaliation is prohibited and may result in a separate charge under the policy.

6.3.5. Attorneys in Procedures
The person filing a complaint and the person accused of violating this policy have the right to obtain advice of private counsel concerning this policy and the procedures in it. However, the role of counsel is purely advisory in this policy and procedure, and absent exceptional circumstances attorneys are not to be active participants in the process. The DEO, the administrators involved in the decisions, and any committees operating under this policy and procedures shall have access to advice from the Legal Services Office for the university.

6.3.6. Criminal Proceedings
The existence of criminal proceedings will not necessarily delay or interrupt the procedures outlined in this policy, unless the law enforcement agency or prosecution requests that the university procedures be suspended, in which case the university will determine whether and for how long to suspend its procedures.

7. RESPONSIBILITIES

University community members and visitors are responsible for behaving in a nondiscriminatory and non-harassing manner toward other university community members and visitors, are responsible for reporting allegations of conduct that would constitute sexual harassment to the DEO and are responsible for abiding by the terms of this policy.

The DEO is responsible for accepting and investigating complaints by faculty members, determining the applicability of this policy to specific complaints, coordinating with the UHC, AAD and HR on the processing of complaints, notifying the appropriate vice president (organizationally above the respondent) of complaints, making recommendations, and disseminating information as provided in this policy.

The UHC is responsible for accepting and investigating formal complaints by students, determining the applicability of this policy to specific complaints, and coordinating with the DEO on the processing of those complaints.

The AAD is responsible for accepting and investigating formal complaints by student athletes, determining the applicability of this policy to specific complaints, and coordinating with the DEO on the processing of those complaints.

HR is responsible for accepting and investigating formal complaints by staff members, determining the applicability of this policy to specific complaints, and coordinating with the DEO on the processing of those complaints.

The employee respondent's supervisor is responsible for determining whether a report and recommendation under this policy should be handled through the misconduct procedures for an employee.

The sponsoring department is responsible for determining whether an affiliate's status should be revoked for violation of this policy.

The vice presidents are responsible for making final decisions concerning referral of all complaints filed against members of the university community under their division.

The DEO is responsible for recommending appropriate actions against a visitor who is found to have violated this policy.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment, removal of affiliate status, exclusion from future learning or working opportunities at the university, and/or issuance of a no-trespass notice.

9. EXCLUSIONS

9.1. This policy does not provide procedures for complaints filed against students. Any allegation of harassment or discrimination against a student (except in the student's capacity as a university employee) should be reported to the Office of Judicial Affairs for disposition pursuant to the Student Judicial System as set forth in the JMU Student Handbook.

9.2. Even if an allegation of harassment or discrimination is one of the exclusions from the scope of this policy, any affected person may discuss it with the DEO.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the DEO.

Previous Version: August, 2012
Approved by the President: August 2012

Index Terms

Director of Equal Opportunity
Discrimination
Harassment
Sexual Harassment
Sexual Violence

1308 Family and Medical Leave

1. PURPOSE

1. PURPOSE It is the objective of James Madison University to provide eligible employees with up to 12 weeks of paid or unpaid, job-protected family or medical leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

  • Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency (as defined by the Department of Labor) arising out of the fact that the employee’s spouse, child or  parent is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation; or
  • up to 26 workweeks of leave during a single 12-month period to care for a spouse, child, parent or other family member (if the nearest blood relative) with an illness or injury incurred in the line of duty while in the Armed Forces.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6:23-9.2:3. The board has delegated authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATIONS

The Family and Medical Leave Act, 29 USC 2601, et seq., mandates that employers with more than 50 employees allow up to 12 or 26 weeks of leave for employees who qualify under certain circumstances.

3. DEFINITIONS

Active Duty
Duty under a call or order to active duty for members of uniformed services under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

Eligible Employee

  • A part-time or full-time employee who has been employed by the university for at least 12 months and worked at least 1,250 hours during the 12 months prior to the start of the leave. 
    • NOTE: The required 1,250 hours do not have to be worked during consecutive months. However, the 1,250 hours of work requirement applies to the 12 months immediately preceding the start of the leave date.

Employment Benefits
All benefits provided by the university to eligible employees, including but not limited to accrued annual and sick leave, educational benefits, group life insurance, health insurance, and retirement contributions, etc.

Family and Medical Leave
A leave without pay (or use of a classified employee's accrued leave) for up to 12 work weeks (26 work weeks if the provisions of section 6.6.1(a) apply) during a calendar year for the reasons specified in this policy in conformance with the federal Family and Medical Leave Act (FMLA).

HealthCare Benefits
The health insurance program covering eligible employees.

HealthCare Providers

  • Doctors of medicine or osteopathy who are authorized to practice medicine or surgery (as appropriate) by the state in which the doctors practice;
  • Any other person determined by the U.S. Secretary of Labor to be capable of providing health-care services; and 
  • Others capable of providing health-care services to include only chiropractors, clinical psychologists, clinical social workers, dentists, podiatrists, optometrists, nurse-midwives and nurse practitioners authorized to practice in the state and who are performing within the scope of their practice as defined under state law as well as any other health-care provider accepted by the group health plan. This also includes Christian Scientist practitioners listed with the First Church of Christ, Scientist in Boston, although an employee or family member may be required to submit to a medical examination for a second or third opinion (not treatment) from a non-Christian Science practitioner.

Key Employee
A salaried FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's agency or facility.

Leave Year
The Department of Human Resource Management (DHRM) has established January 10 – January 9 of the following year as the leave year.

Military Caregiver Leave
Military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent, or “next of kin” of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to provide care for the veteran.

Parent
Biological parent or individual who stood in place of the parent of the employee and was charged with the duties and responsibilities of the parent.

Son or Daughter
A biological, adopted or foster child, stepchild or legal ward, or a child of a person standing in place of the parent. The child must either be under age 18 or be age 18 or older and incapable of self-care because of a mental or a physical disability. (Age does not apply for a child who is a Military service member, National Guard, or active reservist.)

Spouse
Husband or wife as recognized under the laws of the Commonwealth of Virginia for the purpose of marriage.

Serious Health Condition/Illness
An illness, injury, impairment, or physical or mental condition.

The most common serious health conditions that qualify for FMLA leave are:

  • conditions requiring an overnight stay in a hospital or other medical care facility;
  • conditions that incapacitate an employee or family member (for example, unable to work or attend school) for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);
  • chronic conditions that cause occasional periods when the employee or family member is incapacitated and require treatment by a health care provider at least twice a year; and
  • pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).

4. APPLICABILITY

This policy applies to all university employees.

5. POLICY

The university complies with the Family and Medical Leave Act by providing leave to qualified employees under the circumstances described in the law.

6. PROCEDURES

6.1 When requesting family and medical leave for a qualifying condition, the university requires employees to:

  • provide as much notice to the employer as is reasonable and practicable. A 30-day advance notice is reasonable when the need for leave is foreseeable.  
  • complete the Request for Family and Medical Leave form
  • provide a health-care provider's certification of the medical condition of the person affected, to include the date when the serious condition/qualifying event began, the probable duration and recommended leave type (intermittent/reduced schedule or continuous).

6.2 Second and Third Opinions 

  • The university may require, at its own expense, a second opinion from its designated or approved health-care providers. (This health-care provider cannot be one who is employed by the university on a regular basis.)
  • When the second opinion differs from the first, the university may, at its own expense, require a third opinion from a health-care provider designated or approved jointly by the employee and the university.
  • The opinion of the third health-care provider shall be considered final and binding upon the employer and the employee.

6.3 Recertification of Current Leave 

  • The university may require an employee to report periodically during the leave period on his or her leave status and intention to return to work, and to provide subsequent recertification on a reasonable basis.
  • The university typically reviews each on-going FMLA case quarterly; however, requests for recertification every four to six weeks are considered reasonable according to the Family and Medical Leave Act.
  • Long-term or chronic illnesses will require a new medical certification at the first absence of each new leave year.

6.3.1 JMU reserves the right to review each current FMLA case on an individual basis to determine if recertification is necessary when:

  • The employee requests an extension to the currently approved leave period.
  • The circumstances for which the previous certification was issued have changed significantly.
  • Credible information provided casts doubt on the employee’s stated reason for the absences.

6.4 Restoration to Position

At the end of family and medical leave, employees normally are to be reinstated as follows: 

  • Original position: The university normally must restore employees to the positions they held (or to an equivalent position) when the leave of absence began unless they are key employees (as defined) in a position that needed to be filled during their absences.
  • Equivalent position: If the previous position has been filled, employees are entitled to restoration to equivalent positions. The standard of equivalence requires comparability and correspondence to duties, terms, conditions and privileges of the employees' previous position.
  • Conditions upon restoration of position: The university can require employees to report periodically on their status and intent to return to work, and can require certification from health-care providers that employees are able to return to work.

6.4.1 If an employee is determined to be a key employee, he or she may be denied restoration when one of the following factors exists: 

  • The university shows that denying restoration "is necessary to prevent substantial and grievous economic injury" to the university's operations.
  • The university notifies the employee that restoration will be denied at the time the university determines that grievous economic injury would occur.
  • The employee already has begun the leave and elects not to return to employment within a reasonable time after receiving the university's notice.

6.5 Status of Benefits during Family and Medical Leave

The university will continue to contribute the employer portion of the health insurance premiums of salaried employees who are on leave under the Family and Medical Leave Act as itemized below:

  • When employees are using paid annual or sick leave as appropriate under the provisions of FMLA, the payroll deductions of the employee’s portion of the premiums continue.
  • When employees are on leave without pay under the provisions of FMLA, their premium contributions will be handled as if they were on leave without pay.

6.5.1 Employees who are on leave under FMLA will pay the same portion of their health insurance premiums as they would if they were not on leave. 

  • Premiums are due to agencies by the first day of each month of coverage.
  • If employees fail to make premium payments, the university will follow the same procedures to terminate coverage as they would if employees failed to pay premiums while on leave without pay.
  • If employees fail to return to work at the end of leave under FMLA, the university may recover from them the commonwealth's share of premiums paid during the period of leave. However, there will be no recovery of premiums if employees fail to return to work as a result of the following: 
    • The onset, recurrence or continuation of serious health conditions that entitle them to leave to care for themselves or for a family member; or
    • Other circumstances beyond the employee's control.

EXAMPLES: If an employee fails to return to work secondary to a disabling condition, the university will not seek reimbursement for the commonwealth's contributions for health insurance coverage during the period of leave.

If an employee fails to return to work at the end of FMLA leave because of his or her acceptance of other employment, the university has the authority to seek recovery of the university’s contributions for health insurance coverage during the period of leave.

6.5.2 Performance Increases

Classified employee eligibility for performance increases will be determined in accordance with performance pay policies and procedures that address leave with and without pay.

6.5.3 Life Insurance

The university will continue to pay life insurance premiums while employees are on family and medical leave.

6.5.4 Leave Accrual

Classified employees will not accrue leave hours during any period of leave without pay.

6.5.6 Retirement

  • Retirement contributions will be made for any pay period in which qualifying compensation has been received by the employee.
  • Retirement contributions will not be made for any pay period in which no qualifying compensation has been received by the employee (i.e., the employee was on leave without pay for the entire pay period).

6.5.7 Classified Employee Next Annual Leave Anniversary

When more than 14 consecutive calendar days of unpaid family and medical leave have been taken, an employee will be placed on inactive service status and their next annual leave anniversary date will be advanced according to the length of time taken on unpaid family and medical leave.

6.6  Time Frames for Use of FMLA

Eligible full-time employees may take up to 12 work weeks (26 work weeks if the provisions of section 6.6.1(a) apply) (60/130 workdays; 480/1040 hours) of family and medical leave in a calendar year. The time missed from work for FMLA leave cannot exceed 12 or 26  weeks in a calendar year.

6.6.1 FMLA for Eligible Full-Time Employees

Eligible full-time employees may take up to 12 workweeks (60 workdays; 480 work hours) of unpaid family and medical leave per calendar year for the following reasons:

  • The birth of a child (to be taken within 12 months of the child's birth).
  • The placement of a child with the employee for adoption or foster care (to be taken within 12 months of date of placement).
  • To care for a child who is under age 18, or age 18 or older who is incapable of self-care because of a mental or physical disability,
  • A spouse or a parent who has a serious health condition that involves inpatient care in hospital, hospice or residential medical care facility; or continuing treatment by a health-care provider.
  • Because of a serious personal health condition/illness that renders an employee unable to perform the functions of his or her position. The university may request certification that the employee is unable to work or is unable to perform any of the essential functions of the employee's position within the guidelines of the Americans with Disabilities Act.
  • An employee who commences leave as the result of a  workers’ compensation claim may have that time counted toward his or her 12 weeks of family and medical leave.
  • Any qualifying exigency arising out of the fact that the spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

6.6.1(a) Eligible full-time employees may take up to 26 weeks of leave to care for a child, spouse, parent or nearest blood relative with an illness or injury incurred in the line of duty while active in the Armed Forces

6.6.2 FMLA for Eligible Part-Time Employees

Eligible part-time employees may take up to 12 weeks of family and medical leave in a calendar year for the reasons listed in 6.6.1. Eligible part-time employees may take up to 26 weeks of family and medical leave in a year for the reasons listed in 6.6.1(a). Actual hours taken will be counted on a prorated basis corresponding to the percentage of hours the employees normally are scheduled to work during the 365-day period prior to the date family and medical leave is to begin.

EXAMPLE: A part-time employee works 25 hours per week year round. During any 12-week period, the employee works a total of 300 hours. Therefore, if intermittent leave is taken, the employee may take up to 300 hours of family and medical leave in a calendar year.

6.7 Restricted Use of Family and Medical Leave

Family and Medical leave may not be used for short-term conditions for which treatment and recovery are brief, such as minor illnesses and outpatient surgical procedures with expected brief recuperating periods. It does not provide for the intermittent care of a child for such commonplace illnesses as colds and flu.

6.7.1 When both husband and wife work for the university, the full amount of leave may be limited to a combined total of 12 work weeks in a calendar year, if the leave is taken for the birth of the employee’s son or daughter or to care for the child after birth; for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement, or to care for the employee’s parent with a serious health condition; or because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that the child, spouse or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

Where the husband and wife use a portion of the total 12-week FMLA leave entitlement for one of the above purposes, the husband and wife would each be entitled to the difference between the amounts he or she has taken individually and 12 weeks for FMLA leave for a purpose other than those listed in this section. The mother may incur a period of disability in the case of pregnancy and childbirth. This period would be considered FMLA leave for her own serious health condition and would not be subject to the combined limit.

When both husband and wife work for the university, the full amount of leave may be limited to a combined total of 26 weeks to care for a child, parent or nearest blood relative with an illness or injury incurred in the line of duty while active in the Armed Forces.

6.8 Paid Leave

Classified employees have the option of using paid leave, as appropriate under each particular leave policy, for absences covered under family and medical leave (except in cases of intermittent or reduced schedule, see 6.9). The university may designate such leave as family and medical leave if it meets the conditions described above.

6.8.1 Employees who are approved for FMLA leave may use up to 33% of their personal sick leave hours held at the beginning of the FMLA leave. Consistent with existing policy, agencies may require certification of need before granting family and medical leave.

6.8.1 (a) Non-VSDP NOTE: Other leave policies have not changed as a result of implementing this policy. For example, employees still are eligible to use only up to six days of sick leave for short-term family illnesses in a calendar year. This applies only to full-time classified employees and part-time classified employees.

If classified employees use their accrued paid leave balances for purposes described in this policy, then the university is required to provide only the number of unpaid work days that, when combined with the number of days of other leave taken, equal a total of 60/130 work days or 480/1040 work hours.

Non-VSDP EXAMPLE: A classified employee uses six days of sick leave and 15 days of annual leave to care for a parent who has a serious health condition. The university must allow him or her to take 39 days of unpaid leave.

6.8.2 Instructional, administrative & professional and eligible part-time faculty members not participating in VSDP are eligible to receive paid time off with peer coverage for the conditions listed above.

6.9 Intermittent Leave or Reduced Schedule

Employees may take intermittent leave or work a reduced schedule not to exceed 480/ 1040 hours for full-time employees as follows: 

  • When medically necessary because of an eligible employee's own serious health condition/illness or the serious health condition/illness of a child, spouse or parent, or other qualifying event an employee may take family or medical leave on an intermittent leave basis or a reduced schedule as indicated below: 
    • Intermittent Leave Schedule: A leave schedule permitting the employee to take leave periodically for a few hours a day (less than eight hours), or for a few days, on an as-needed basis.
    • NOTE: Employees may be required to provide medical certification that intermittent leave is necessary.
    • Reduced Schedule: A leave schedule permitting the employee to reduce the typical number of hours worked per work week or per workday.
  • Classified employees who must take intermittent leave or work a reduced schedule must first use their available paid leave balances as permitted by each specific leave policy or take unpaid family and medical leave once all accrued leave has been exhausted.
  • Classified employees do not accrue leave when they are on leave without pay status during family and medical leave.
  • When an employee takes leave to care for a newborn child, or because of the placement of a child with him or her for adoption or foster care, the employee may take leave intermittently or on a reduced schedule, if university management agrees on such an arrangement beforehand.
  • When the conditions noted in this policy are applicable, the university can temporarily transfer the employee to another position that better accommodates the intermittent leave or reduced schedule as long as the new position carries equivalent pay and benefits.
  • Eligible employees may take up to 26 weeks of FMLA for reasons listed in 6.6.1 (a).

7. RESPONSIBILITIES

Employees are responsible for submitting a written request for family and medical leave at least 30 days before the anticipated beginning of the family and medical leave, unless emergencies or unforeseen events preclude such advance notice to his or her supervisor.

Human Resources is responsible for:

  • Reviewing all requests for the eligibility to take up to 12 or 26 work weeks of family leave during a calendar year for the reasons stated in this policy.
  • Determining whether a physician’s certification must be required for leave that is requested for an employee's serious health condition.
  • Qualifying a family member's serious health condition or Military Caregiver leave before granting family and medical leave.
  • Notifying key employees before they begin family and medical leave that they may be denied restoration to their positions as outlined in this policy.
  • Informing supervisors and managers regarding necessary restrictions on work duties and necessary accommodations where appropriate.
  • Providing information, where appropriate to government officials investigating compliance with FMLA (or other pertinent laws).
  • Keeping and preserving records pertaining to obligations under FMLA. 
    • Records must be kept for at least three years.
    • Required records must include the following: 
      • Basic payroll and identifying employee data including: name, address and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.
      • Leave designated as FMLA leave, both paid and unpaid, and the dates employees took it. (If FMLA leave is taken in increments of less than a day, the hours must be noted.)
      • Copies of employees' notices of leave furnished to the university.
      • Any documents (including written and electronic records) describing employee benefits or university policies and practices regarding the taking of paid and unpaid leaves.
      • Records of premium payments.
      • Records of any dispute between the University and an employee regarding designation of leave as FMLA leave, including any written statement from the university or employee of the reasons for the designation and for the disagreement.
      • Records and documents relating to medical certifications, recertification or medical histories of employees or employees' family members are to be maintained in separate files/records and treated as confidential medical records except in the following instances: 
        • Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;
        • First aid and safety personnel may be informed (when appropriate) if the employee’s physical or medical condition might require emergency treatment; and 
        • Government officials investigating compliance with FMLA (or other pertinent law) shall be provided relevant information upon request.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination. This includes employees who willfully attempt to take family and medical leave for conditions other than those allowed by this policy as well as supervisors who do not adhere specifically to this policy when dealing with FMLA related matters.

9. EXCLUSIONS

Certain employees, as described above, are not covered by the Family and Medical Leave Act. These include, for instance, employees who have been employed at the university for less than 12 months.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources.

Previous version: July 2011

Approved by the President: May 2002

3107 Parking

1. PURPOSE

Parking regulations are enforced to encourage the responsible use of parking facilities. This policy provides a mechanism for consistent application of the rules and regulations governing parking. Parking Services relies on permit fees and citation revenue to support the direct and indirect costs of operating parking facilities, including but not limited to construction of new parking areas, maintenance of existing parking areas, enforcement, snow removal, lighting, etc.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Visitor:
A person who is not enrolled at, compensated by or an affiliate of the university.

Affiliate:
An individual who has a formal affiliation with the university and receives some services from the university, but is not a student or employee of the university and receives no remuneration from the university (Formal affiliation means that a necessary relationship exists between the university and the individual to provide a service of value to the university). Affiliates are defined in Policy 1337 and include employees of contractors such as ARAMARK, Pitney Bowes, Follett, etc.

4. APPLICABILITY

This policy applies to all faculty, staff, students, affiliates and visitors of James Madison University.

5. POLICY

Operating and parking motor vehicles on university-owned or leased property is permitted only in accordance with university motor vehicle regulations as outlined in the Parking and Traffic Regulations or at the direction of Parking Services and Public Safety officials. All vehicles parked on campus must display a valid parking permit at all times. An inappropriately parked vehicle will receive a university issued citation.

Vehicles displaying handicap permits or plates must also display a valid JMU parking permit in conjunction with the handicap permit or plates whenever parked on campus.

Outstanding parking violations will result in a hold being placed on a student's record.

Disabled vehicles should be reported to Parking Services immediately. If Parking Services is closed, report disabled vehicles to the Office of Public Safety at (540) 568-6913. Arrangements should be made to repair the vehicle or remove it from campus within 24 hours of notification. Disabled vehicles that present a potential threat to life or property may be towed immediately at the owner or operator's expense.

6. PROCEDURES

6.1 Enforcement

Parking Services and Public Safety officials will issue parking citations for violations of the Parking and Traffic Regulations. An abbreviated version of the brochure is distributed with parking permits. A complete version is available online and at the Parking Services office upon request. The most up-to-date version of the Parking and Traffic Regulations can be viewed online at the Parking Services website. Parking and traffic regulations are in effect 24 hours per day, 365 days per year.

Parking Services and Public Safety officials are authorized to tow immediately and, if necessary, without warning when a vehicle is blocking access or presents a potential threat to life or property. Any vehicle parked on university-owned or leased property that has accumulated 10 or more unpaid parking citations is subject to towing at the owner or operator's expense.

6.2 Payment of Fines

Parking citation fines may be paid at the Parking Services office during posted hours, by utilizing the online payment option available on the Parking Services website, or by depositing payment in the drop box located at the front of the Parking Services office.

A parking fine will be considered delinquent if it is not paid in full on or before 10 calendar days after the citation issue date or, if the citation is appealed and denied, not paid in full within 10 calendar days after notice of the appeal denial is emailed to the appellant.

Citations issued to students that are paid within the first 30 days can be paid directly at the Parking Services office, or via the Parking Services website. Citations that are delinquent more than 30 days are transferred to the University Business Office (UBO) for collection. Once citations are transferred to the UBO, students are required to pay via their student account at the University Business Office or at the University Business Office website.

6.3 Late Payment

Students: Ten days after a citation is issued, the student will be sent a written notice via their campus email account regarding the necessity of resolving the outstanding fine provided the cited vehicle is registered with Parking Services. A hold will be placed on the official records of any student who has delinquent fines. The hold will prevent a student from registering for courses, making course adjustments, obtaining transcripts or receiving a diploma. The hold will be released upon resolution of the delinquent fines.

Faculty/Staff Members: Ten calendar days and forty-five calendar days after a citation is issued to a registered faculty or staff vehicle, a written notice will be sent to the registrant via campus email regarding the necessity of resolving the outstanding fine. Ninety days following the citation issue date, a letter will be sent via campus email stating the amount of the delinquent fine to be deducted from the employee's next paycheck. Section 2.2-4800 of the Code of Virginia mandates this action.

Visitors: If a visitor accumulates 10 or more unpaid citations, his or her vehicle is subject to towing.

6.4 Appealing Citations

The Parking Appeals Committee has been delegated the authority to review and make the determinations on all appeals. Appeals must be filed within 10 calendar days of the citation issue date; if an appeal is not filed by the deadline the vehicle owner waives the right to appeal. All appeals must be submitted online via the Parking Services website.

Appellant has the option to appear before the Appeals Committee to present his or her case. Appearances before the Appeals Committee are limited to a maximum of three minutes.

A citation may be approved for a second appeal. However, the appellant must pay the citation in full prior to requesting a second appeal review, and the second appeal must include additional information or documentation in support of the appellant's appeal.

Notification of the Parking Appeals Committee's decision will be via campus email.

If an appeal is denied, the appellant has 10 calendar days, including the date on the notification letter, to pay the fine or the 10-day ($5) penalty will apply. If Parking Services is closed, payment may be submitted via the Parking Services website or deposit payment in the drop box at the front of the Parking Services office located on the ground level of the Champions Drive Parking Deck. Do not deposit cash in the drop box.

If an appeal is denied by the Parking Appeals Committee, the chairpersons of the Parking Appeals Committee or the Associate Vice President for Business Services may, at the request of the appellant, give the matter further consideration.


7. RESPONSIBILITIES

Parking Services is responsible for sending a written notice via campus email to all faculty, staff, students and affiliates regarding the necessity of resolving outstanding fines provided the vehicle is registered. These notices will be sent approximately 10 days after the citation issue date.

All faculty, staff, students, affiliates and visitors of James Madison University are responsible for abiding by all parking and traffic regulations. Any parking fines that are received as a result of non-compliance with JMU parking regulations must be resolved with Parking Services.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offenses and may include termination of employment.

9. EXCLUSIONS

None.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Associate Vice President for Business Services.

Previous version: May 2014
Approved by the President: October 2004

1404 Mediation

1. PURPOSE

While James Madison University has established procedures for the resolution of grievances, the university also has alternative dispute resolution processes. Employee Mediation Services, a mediation program for university employees, provides a more collegial, less adversarial, and thus a more satisfying means to resolve conflicts.

2. AUTHORITY

The Board of Visitors has the authority to make policy concerning the effective management of employee relations. Where the board has not enacted specific policy, the authority is delegated to the President.

3. DEFINITIONS

Employee
An individual employed by JMU.

Group Mediation
Mediation of a dispute among several employees in a work unit such as a team, office or department.

Harassment:
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Mediation
A process by which participants, with the assistance of trained mediators, identify disputed issues, share perspectives, develop options, consider possible solutions, and seek to reach a mutually acceptable resolution to their dispute. Participants in mediation make informed and deliberate decisions to resolve past problems and discuss future relationships directly and confidentially.

Mediation Coordinator
The individual responsible for implementing, coordinating, and supervising all facets of the mediation and grievance programs administered by JMU Human Resources.

Qualified University Mediator
A member of the JMU mediator pool who has satisfactorily completed mediation training offered by JMU. The mediator is an impartial third party who assists participants in reaching mutually acceptable solutions to their disputed issues. The mediator does not have the authority to overturn disciplinary notices, decide the outcome, nor impose a resolution.

Two-Party Mediation
Mediation of a dispute, primarily between two employees who may be co-workers or in a reporting relationship.

4. APPLICABILITY

This policy is applicable to all employees of the university.

5. POLICY

It is the policy of JMU to resolve work place disputes through non-adversarial means such as mediation whenever possible. Participation in mediation will be voluntary. A request for mediation may be made by an employee, a supervisor or a member of management as a means to resolve workplace disputes.

Every effort should be made by the mediation coordinator and participants to achieve a mediation schedule that does not hinder university operations. Supervisors are required to allow employees to participate in the mediation process unless participation would significantly hinder university operations.

6. PROCEDURES

6.1 Mediation Preparation

  • A request for mediation is made by contacting the mediation coordinator or HR Consultant. Requests may be made in person, by telephone, by e-mail, or as a referral from a supervisor, department manager or director.
  • The mediation coordinator contacts the individual(s) making the request, completes an initial assessment, and determines the appropriateness of the situation for mediation. If the situation is not deemed appropriate for mediation, the person making the request is notified by the mediation coordinator.
  • If the other party declines the invitation to mediate, the mediation will not occur and the requestor will be notified.
  • The mediation coordinator selects two mediators from the pool of qualified university mediators.
  • All mediations will have at least one mediator present, with two co-mediators present whenever possible.
  • The mediation coordinator provides written notification to participants of the date, time, and location of the mediation. The appropriate supervisor(s) are notified to minimize disruption to normal university operations. A supervisor with concerns that a scheduled mediation will significantly hinder university operations must notify the mediation coordinator to arrange an alternate time.
  • A pre-mediation meeting with the mediators and the mediation coordinator is scheduled to distribute information and discuss other pertinent details.

6.2 Mediation

  • The mediation will be held in a private, neutral location with minimal potential for distraction.
  • All participants must agree to changes of deadlines or additional meetings.
  • The supervisor(s) must also agree to changes of deadlines or additional meetings.
  • Either party may withdraw from participation any time during the process and the mediation effort will end.
  • The mediation coordinator may attend mediations for the purpose of evaluating the mediators and/or the mediation process. Participants will be informed of such in advance.

6.3 The Agreement

  • At the conclusion of mediation, the mediators summarize information resulting from the mediation session and draft the participants' agreement. The agreement is signed by the participants and mediators and given to the mediation coordinator for review.
  • Each participant receives a copy of their final agreement from the mediation coordinator. Participants are given a mediation process evaluation form to complete.
  • The supervisor(s), department manager, or director making the request for mediation receives a copy of the signed agreement.
  • The original signed agreement resides in the mediation files maintained by the mediation coordinator.

6. 4 Confidentiality

The goal of mediation is to empower participants to share information openly and honestly without fear of embarrassment or retaliation. Participant assurance from management that no retaliation will result from engaging in mediation is critical to the process. What is said in mediation must not be used in any way against the participants before, during, or after the mediation.

At the beginning of the mediation, participants commit to keeping the contents of the mediation session confidential. Mediators and participants must treat as confidential all writings and all communications made before, during, or in connection with the mediation at all times.

The scope of the confidentiality should be discussed before the commitment is made. Disclosing the fact that mediation took place is not a breach of confidentiality.

Exceptions to confidentiality include:

  • evidence of sexual harassment
  • evidence of verbal or physical abuse
  • evidence of violation of university policy or criminal activity
  • information shared during the mediation that is known or could be learned through other means
  • specific information that participants agree to share outside the mediation
  • the final mediated agreement, when appropriate
  • threats of bodily harm to self or to others

The mediator(s) may not be called upon, at any time, by the participants of mediation as a witness in any administrative or legal proceeding, except regarding the occurrence of the mediation, evidence of verbal or physical abuse or threats of bodily harm to self or others, evidence of violation of university policy or criminal activity, or evidence of sexual harassment.

7. RESPONSIBILITIES

The Director of Human Resources is responsible for the consistent application of this policy.

The Director of Human Resources, as well as senior vice presidents, deans, directors, and department heads, are to ensure that employees are informed of this policy. Questions related to the application of this policy should be directed to the mediation coordinator in Human Resources or an HR Representative.

In addition, directors are responsible for their department's prompt, effective adherence to this policy.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Mediation is not available to resolve incidents involving allegations of university policy violations, criminal violations or legal violations.

This policy does not apply to students or to student workers. Student workers and their supervisors should bring disputes to the attention of the Student Work Experience Center.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: February, 2010
Approved by the President: June, 2008

Index Terms:

Mediation
Alternative Dispute Resolution

3106 Lost and Found Property

1. PURPOSE

This policy outlines the procedures for recording, storing and returning or disposing of items turned in to a Lost and Found Center at any of the following locations:

  • Bookstore
  • Carrier Library
  • Convocation Center
  • East Campus Dining Hall
  • East Campus Library
  • Godwin Hall
  • Gibbons Hall
  • Harrison Hall
  • ISAT/CS Building
  • Madison Union
  • Memorial Hall
  • Moody Hall
  • Off Campus Life / Festival
  • Public Safety
  • Residence Life
  • Surplus Property
  • Taylor Down Under
  • University Recreation
  • Zane Showker Hall

Each of these areas has access to a central computer database for posting lost and found items.

2. AUTHORITY

The president of James Madison University has given the Senior Vice President for Student Affairs and University Planning the responsibility and the authority to ensure that lost and found procedures are followed.

3. DEFINITIONS

FASP - Fixed Assets and Surplus Property
This university office is responsible for managing the university's fixed assets, which includes land, buildings, improvements other than buildings, construction in progress and equipment.

Lost & Found:
A campus-wide program to record, store, return and/or dispose of items that have been found on campus utilizing a shared database for tracking and reporting.

Lost & Found Tag:
The front side contains information about the item, when it was found, and the lost and found ID number (from the database). The back side of the tag is used for claims (signature space provided).

Lost Item:
An item turned in to a university Lost & Found Center.

Claiming Lost Items:
The process where owners of lost items identify a lost item as theirs and have it returned to them.

4. APPLICABILITY

This policy applies to all JMU employees responsible for managing lost and found items.

5. POLICY

Lost and Found Center staff members at all sites will accurately record the receipt of found items. Items will be stored in a secure location and retained for a period of at least 60 days.

6. PROCEDURES

6.1 Collection
The staff member collecting the lost items will complete a Lost & Found Tag. A Lost & Found Tag must be completed when any item is entered in the database. The item description, location found, date, receiver's initials, and lost and found ID number must be recorded on this tag. The tag must then be attached to the item. If the item is a piece of jewelry or something small, a jewelry tag (provided by Fixed Assets & Surplus Property (FASP)) should be attached to the item and the lost and found ID # written on it. The staff member will check these items against "Lost Inquiries" and notify the owner when a match is made. All collections will be entered into the database and stored in a safe location.

Items of value (cash, credit/debit cards, checkbooks, checks, passports, wallets, valuable jewelry) can be held for three days by a Lost and Found Center to try to locate the owner to pick up the item. A Lost & Found Tag must be completed for these items and the information must be entered in the Lost and Found Database. The items and attached tags must then be placed in a security bag (provided by FASP) but the bag should not be sealed in case of inquiry. If the item of value is not claimed after three days, the bag must be sealed and then sent to Public Safety.

If a wallet is received at a Lost & Found Center, two employees must be present when it is opened and inventoried. If a fake ID is found in a wallet, it will be immediately sent to Public Safety. A Lost & Found Tag must be completed for wallets turned in and the information must be entered in the Lost & Found Database immediately. Wallets must be put in a security bag and kept in a secure location. After three days, they must be sent to Public Safety. No one other than the owner of the wallet is allowed to pick up the wallet.

Any illegal, unmarked, or mixed drugs found in items turned in to Lost & Found Centers must be immediately sent to Public Safety.

For any over-the-counter or prescription medicines not claimed within two weeks, Lost and Found Center staff members must follow these guidelines provided by the Health Center & FDA:

  1. Follow any specific disposal instructions on the drug label. Do not flush prescription drugs down the toilet unless this information specifically instructs you to do so.
  2. Take the drugs out of the original container and mix them with an undesirable substance, such as used coffee grounds or cat litter. The medication will be less appealing to children and pets, and unrecognizable to people who may intentionally go through trash.
  3. Put this mixture in a disposable container with a lid or a sealable bag.
  4. Conceal or remove any personal information, including Rx number, on empty containers by covering it with black permanent marker or duct tape, or by scratching it off. This will help protect the person's identity.
  5. Place the sealed container with the mixture and the empty drug containers in the trash.
  6. If you have any questions regarding disposal, contact the University Health Center (x82978 or gentryep@jmu.edu).
  7. Note: Any insulin supplies must be sent to the Health Center for proper biohazard disposal.

For any keys not claimed within 60 days, Lost and Found Center staff members must follow these guidelines:

  1. JMU Residence Life keys (keys to dorms) - contact ORL Business Operations (x87576 or busops@jmu.edu)to have the keys picked up.
  2. Other JMU office/building keys (stamped "State Property") - send the keys to the FM Lockshop.
  3. Non-JMU keys (vehicle, house, etc.) - turn in to FASP after being held for minimum 60 day period. After 120 days, turn the keys in to the Lockshop for recycling.

Lost & Found Center Managers may attempt to find the owner of USB drives or similar devices by connecting them to a computer. Because anti-virus software detects only about 50% of viruses, the following procedures must be used when connecting the devices to university computers.

  • On Windows computers, hold down the Shift key while plugging the device in and continue to hold it down until Windows tells you the device is ready. This disables the autorun function.
  • If the USB device has a write protect switch, use it.
  • Do not log on in administrator mode.
  • Do not double-click on a file to open it. Instead, use the appropriate application and open the file through the menu.
  • There is a risk that sensitive data (bank account numbers, social security numbers, etc.) can be on a USB device. If you find JMU sensitive data on a USB device, contact x82364 or it-security@jmu.edu. If you find personal sensitive data on a USB device, send it immediately to Public Safety.
  • Note: After 120 days, USB drives become the property of the state and when FASP receives them, they are destroyed. People inquiring after this time period should be told they are no longer available.

All JMU access cards (JAC) will be sent to the Campus Card Center after the Lost & Found Center staff employees have attempted to contact the owner with no success.

All lost plastic ware, soiled clothing, undergarments and toiletry items will be disposed of immediately after being turned in to a Lost and Found Center; these items will not be entered in the database.

6.2 Inquiring
Inquiries can be made at any university Lost and Found Center through an inquiry to the database or by contacting Lost & Found administration. Each Lost and Found Center will enter an Inquiry in the database that will be kept on file for a minimum of 90 days. Those seeking a lost item are encouraged to inquire at the Lost and Found Center closest to where the item was last seen.

6.3 Claiming Items
Persons claiming lost items must have photo identification, unless the item lost is a photo ID. The person claiming the lost item will sign for the item and provide identification. The item will then be updated as "claimed" in the database and purged after 30 days.

6.4 Fixed Assets and Surplus Property (FASP)
After the minimum 60-day retention period, Lost & Found sites can transfer the items to FASP. (Lost & Found Centers with storage space which want to hold onto items for 120 days may do so. When sending Lost & Found items to FASP, the items must be securely packaged or boxed and taped closed. An itemized listing (preferably from the Lost & Found database) must be taped to the package(s). If there is more than one package/box, number each box (e.g., Box 1 of 3). Contact FASP when Lost & Found packages are ready to be picked up (ext. 86931 or colopyma@jmu.edu). Do not have the Moving Crew pick them up. Packages sent to FASP should NOT contain:

  • Wet or soiled clothing or undergarments
  • Toiletries, medicines or powders
  • Plastic ware or open blade knives
  • Glass (except eye glasses)
  • Other similar items that can be discarded. Lost and Found Center employees should call FASP if they are unsure about an item.

7. RESPONSIBILITIES

The University Unions department will coordinate the Lost and Found Centers, and this policy will be condensed and advertised in The Breeze once each semester.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion from the university.

9. EXCLUSIONS

None.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Senior Vice President for Student Affairs and University Planning.

Previous Version: May, 2010
Approved by the President: April, 2002

Index Terms

FASP - Fixed Assets and Surplus Property
Lost and found
Lost & Found Tag
Lost items
Claiming lost items

4502 Collection of Debts Owed by Employees to the University

1. PURPOSE

The purpose of this policy is to provide guidelines for James Madison University to collect all debts owed to it by its employees.

2. AUTHORITY

The Board Of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUE AND/OR REGULATION

The university has the right under Virginia law to withhold such debts from an employee's pay. Section 2.2488 et seq. of the Code of Virginia gives the university the authority to enforce this policy. Section 40.1-2.1 of the Code exempts State agencies from Title 40.1 provisions, including 40.1-29, which restricts withholding of employees' wages or salaries.

3. DEFINITIONS

Debt:
An amount or value owed to the university by the employee.

Employee:
Any person employed in any capacity by the university, including part-time and full-time instructional faculty members, administrative & professional faculty members, staff members, students, wage employees, and any other individual receiving remuneration for services performed in an employment relationship with the university.

Withhold:
A deduction from the amount of salary or wages normally paid by the university to the employee.

4. APPLICABILITY

This policy applies to all university employees. All debts owed to the university by employees are covered by the terms of this policy.

5. POLICY

It is the policy of the university to collect all debts owed to it by its employees. Such debts may include, but are not limited to the following:

  • Parking fines
  • Library fines
  • Travel advances that have not been appropriately repaid
  • Computer loans
  • Personal telephone charges including personal use of university cell phones

6. PROCEDURES

6.1 The department responsible for collecting the debt will notify the employee in writing of the amount owed, the nature of the debt, the date by which payment must be made, and that the payment will be deducted from the employee's pay if not paid by the stated date.

6.2 The employee may contest the alleged debt by submitting within 10 business days a written statement to the department, challenging the validity of the debt. Upon receipt of such a challenge, the department head will contact the employee concerning the debt. At that time, the employee may present the department head with any appropriate documentation to indicate his or her reason for challenging the debt.

6.3 The department head has 10 business days after contacting the employee to determine whether the debt is valid. If the department head determines that the debt is not valid, he or she will notify the employee that the notice of debt is withdrawn. If the department head determines that the debt is valid, he or she will notify the employee within 10 business days after making his or her decision that the debt is valid. In this case, the department head will notify the employee of the new due date for payment and that the payment will be deducted from the employee's pay if not paid by the stated date.

6.4 The employee may file an appeal from the determination of the department head to the department head's immediate supervisor within 5 business days of receiving the notice of determination. The decision of the department head's supervisor is final.

6.5 The employee notification should allow at least 30 days following the challenge procedures above prior to filing the paperwork necessary to effect the deduction from pay.

6.6 In the event payment is not received by the stated date, the responsible department will submit to the Payroll Department written directions to withhold the amount owed from the employee's next paycheck. Deductions will be made from the employee's paycheck as appropriate, provided the deductions do not result in earnings below minimums stated by wage and hour laws.

6.7 For individuals leaving university employment, all debts to the university must be resolved between the department owed and the employee. The department will arrange with the employee for settlement of any outstanding accounts.

6.8 If an individual leaves university employment without resolving university debt, the debt can be submitted to the University Business Office with appropriate documentation for collection through a commercial collection agent and/or to the Commonwealth of Virginia debt set off program.

7. RESPONSIBILITIES

7.1 Employees are responsible for paying all debts to the university.

7.2 Department heads over the departments responsible for collecting the debts are responsible for notifying employees of debts to the university according to the procedures listed above. They are also responsible for processing challenges, contacting employees challenging the debts, determining the validity of debts, and notifying employees of their determination. Department heads are also responsible for submitting the appropriate directions to the Payroll Department to effect withholding from an employee's pay.

7.3 Supervisors of department heads responsible for collecting the debts are responsible for making final decisions in cases where a debt determination is appealed.

7.4 The Payroll Office is responsible for deducting the appropriate amount from the paycheck of an employee when it receives a written direction from the department responsible for collecting the debt.

7.5 If Human Resources learns of an employee separation, it will inform applicable departments of the employee's separation so those departments can settle any outstanding accounts.

7.6 The Assistant Vice President for Finance is responsible for monitoring the debt collection practices and procedures at the university.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to independent contractors, students who are not employed by the university, or other debts to the university.

The university has a separate appeals process related to the collection of parking fines. This is detailed in Policy 3107. However, collection procedures as detailed in this policy apply to parking fines.

10. INTERPRETATION

Authority to interpret this policy rests with the President, and is generally delegated to the Assistant Vice President for Finance.

Previous version: October 2010
Approved by the President: April 2002

Index of Terms

Employee debt
Debts to the university
Withholding of pay

1321 Criminal History Investigation

1. PURPOSE

This policy is intended to protect the university's interests and the well-being of its students, staff and faculty and the public. This policy establishes parameters for criminal records checks on individuals who are offered employment at the university. Convictions disclosed or discovered in the employment process may influence the selection of the applicant where the conviction is job-related or such that the university deems the employment of the individual poses high risk to the university community.

2. AUTHORITY

The Board of Visitors has the authority to enact personnel policies for all university employees. Where the board has not exercised this authority, it is delegated to the president.

3. DEFINITIONS

Conviction
The result of a trial or legal proceeding that ends in judgment or sentence that the person is guilty of a criminal or traffic violation.

Crime
The breach of a legal duty, punishable by a penal statute, whether federal, state or local.

Criminal Records Check
A review of the potential employee's or employee's record of criminal convictions and traffic violations.

4. APPLICABILITY

This policy applies to all university employees unless otherwise noted.

5. POLICY

5.1 Criminal Records Checks

All newly hired or rehired (any individual whose rehire date exceeds one year from the termination date or those who are rehired less than one year from the termination date and have not previously had a criminal records check conducted) full-time and part-time employees will undergo a criminal records check. The provisions of this policy also apply to temporary wage positions that are exempted from the normal competitive recruitment process.

5.2 Falsification of Information

The determination of falsified criminal history information on the application or in the hiring process will normally result in denial of or separation from university employment.

5.3 Individuals Identified as Potentially Having Job-Related or High Risk Criminal Histories

A criminal records check may also be conducted for individual employees who have disclosed potentially job-related or high risk criminal histories after being hired, or who have been reported as potentially having job-related or high risk criminal histories by any source after being hired. If it is determined that the job-relatedness or nature of the crime poses an unacceptable risk to the university community, the offer of employment will be rescinded, the individual will be separated from the university or the individual will not receive and offer of employment.

5.4 Job Application/Interview

The staff application for employment requires an applicant to describe any convictions for violation(s) of law, including moving traffic violations. While the faculty profile does not include a disclosure statement, both faculty and staff applications include a statement certified by the applicant as to the truthfulness of the report.

It is acceptable and appropriate to inquire about convictions, but not arrests, during the interview process. Hiring officials should review the conviction disclosure statements on the staff employment applications of interviewed candidates. Hiring officials should inquire about any reported convictions during the interview. Any information about reported convictions, as well as any information about falsification of information, must be communicated to the HR Service Center for further investigation and appropriate action.

Individuals who do not disclose all required convictions on the application will normally be excluded from the selection process up to and including rescinded offers of employment. Convictions disclosed on the application or during the employment process will not be considered in the selection decision if they have been determined to be neither job-related nor high risk.

5.5 Additional Background Investigations

The university reserves the right to conduct criminal background investigations when an employee is charged with any crime that reflects on his/her suitability for continued employment, during the course of an administrative investigation, when the employee is transferred or hired into a new position, or when circumstances are identified that warrant further investigation.

6. PROCEDURES

6.1 Communication of Policy

The provisions of the criminal history investigation policy will be communicated to applicants and employees using the following methods:

  • Application materials provided to all JobLink applicants
  • Departmental employment interviews
  • Departmental employment letters of offer
  • During Onboard @ JMU sessions
  • Classified employee welcome letters

In addition, members of the HR Service Center will be available to discuss the provisions and procedures of the policy with supervisors, employees and applicants.

6.2 Initiating the Criminal History Check

The selected candidate must complete a release form during their Onboard session. The HR Service Center will contact the department with the results if the investigation reveals a job-related or high-risk criminal history record.

The university reserves the right to conduct checks on the widest scope possible. Normally, criminal history investigations will include a criminal felony and misdemeanor court search based on a social security trace over the past seven years and a national sex offender registry search as well as other appropriate sources of background information.

Any information related to criminal history will be maintained in the strictest confidence possible. Only essential personnel involved in the hiring process (including the administrative line up to the president), the individuals involved in the assessment of job-relatedness or high risk nature, and the police and audit departments should be informed of information on the criminal background of an individual employee or applicant on a need-to-know basis.

6.3 Determination of Job-related or High Risk Convictions

The HR Service Center will initially review the criminal records check to determine job-relatedness or high-risk nature. If the individual has convictions that are job-related, the university will normally deny employment. The determination to deny employment will be made by the hiring authority, in consultation with Human Resources, and the administrative line, up to and including the president, in accordance with the policy. The decision to employ an individual with a job-related conviction requires the approval of the appropriate division head or the executive assistant to the president.

If the individual has convictions that are deemed high risk in nature, the hiring authority in consultation with Public Safety, Faculty/Staff Assessment Team (F/SAT), Human Resources, and the administrative, line up to and including the president will make the final decision to employ or retain the individual. The decision to employ an individual with a high risk conviction requires the approval of the appropriate division head.

In making the determination of job-relatedness or high risk nature, the hiring department will consider how recently the conviction occurred; the frequency and severity of the crime(s); and the age of the individual at the time the crime was committed. The safety and security of the campus community is the university's foremost consideration.

6.4 Preliminary Offers

Departments may make an offer of employment to the selected candidate; however, the offer is contingent on the results of the criminal records check. The HR Service Center will contact the department with the results of the criminal records check as soon as possible if a questionable record is discovered. In some cases, job offers may be delayed until the results of the checks are received.

If the employee commences work before the results of the criminal records check have been received, the offer letter will note that the continuation of employment is contingent on the results of the check.

6.5 References

JMU Policy 1320 provides more information regarding the hiring of classified and wage employees, including the university's policy on reference checks. JMU Policy 2101 provides more detailed information regarding the hiring of faculty.

7. RESPONSIBILITIES

Hiring supervisors are responsible for adherence to this policy, including communicating it clearly to job applicants.

The HR Service Center is responsible for the management of this policy, including overseeing the criminal records check process and reporting results.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination.

9. EXCLUSIONS

Criminal history checks will not be conducted by Human Resources on:

  • Any individual whose primary role with the university is a student (criminal history checks are conducted on students hired into non-student wage positions)
  • Any individual who is hired to work five days or less
  • Student employees
  • Graduate assistants
  • Affiliates

10. INTERPRETATION

Authority to interpret this policy rests with the president but is delegated to the Director of Human Resources.

Previous Version: July, 2010
Approved by the President: July, 2004

Index Terms
Background checks
Criminal history checks

1312 Workers Compensation/Return to Work

1.PURPOSE

The purpose of this policy is to outline the university's plan for compliance with applicable Workers Compensation law, providing resources for employees who are injured on the job, and the reporting procedure for accidental injuries or occupational diseases arising out of and in the course of university employment.

2.AUTHORITY

The university is charged with managing the treatment and the processing of employees work-related injuries or illnesses that are covered under the Virginia Workers' Compensation Act § 65.2-100and the Governor's Executive Order 52 (94). The Americans with Disabilities Act Amendments Act, and the Family and Medical Leave Act also may be related to the execution of this policy.

3.DEFINITIONS

University Panel of Physicians:
This is a list of local participating physicians who have agreed to treat JMU employees for work related illnesses or injuries. This list will be provided to injured/ill employees. Injured employees must choose one of these physicians to provide medical care in order to be compensated for eligible job-related injuries or illnesses. No other physician will be compensated for services rendered unless referred by the panel physician or prior approval from the Workers Compensation Coordinator is obtained. If the university Panel Physician cannot schedule a timely appointment with the injured or ill employee, the employee must choose another physician from the panel. The panel physician will file claims directly with the State Workers Compensation Program's designee. Billing information is available from the Workers Compensation Coordinator. In the event the employee is treated at the Emergency Room and was unable to choose a panel physician for treatment in a critical situation, the employee is required to choose a physician from the panel of Physicians for follow-up care unless the ER Physician has made a referral to a specialist.

VSDP:
The Virginia Sickness and Disability Program (VSDP) provides covered employees with income protection if they become unable to perform normal job duties because of an illness or injury. The program pays an income during periods of short and/or long-term disability. In addition to disability income, VSDP provides sick leave and family/personal leave that may be taken for short-term absences throughout the year.

Workers Compensation:
A state-administered insurance program designed to provide compensation to employees who are injured on the job or contract an occupational disease resulting from their employment. University employees are covered by Workers Compensation Insurance.

Workers Compensation Coordinator:
The Workers Compensation Coordinator works with employees who suffered a work related illness or injury and their supervisors to assist the employee in returning to work.

4.APPLICABILITY

This policy applies to all employees.

5.POLICY

James Madison University is committed to providing a working environment that is free from recognized health or safety hazards. In the event of an accidental injury or occupational illness, the university will work to balance the needs of the employee and the organization by providing restricted duty assignments when possible for up to a 90-day period. The university will analyze accidents and illnesses with the intention of gaining knowledge to assist in avoiding future accidents or occupational illnesses.

5.1 Determination of Compensability
The State Workers Compensation Program, or their designee, determines if an accident or illness is compensable under the Virginia Workers Compensation Act after the case is properly investigated.

5.2 Time Lost from Work
Only the treating panel physician or specialist can order days away from work due to the work related injury or illness.

For accidents/illness that have been certified as compensable the first seven periods of time (often, workdays) away from work will be charged to the employee's leave. If the employee is away from work for twenty-one (21) calendar days, the first seven days of leave will be reimbursed as describe by the Virginia Workers Compensation Act.

On the eighth calendar day, the State Workers Compensation Program's designated insurance carrier will begin to pay 66 2/3% of the average weekly salary. If the employee is enrolled in VSDP, VSDP will pay the remaining portion according to the published guidelines. Employees who are participants in the Traditional Sick Leave program and are absent from work on Workers' Compensation leave for more than seven calendar days will receive supplements in the form of the difference between payments required by the WCA and their regular salaries, for a period of up to 92 calendar days from the beginning of their absences from work on Workers' Compensation leave. Agencies have the discretion to extend payment of the supplements described above beyond employees' 92nd calendar day of absence on Workers' Compensation leave, provided that such extensions do not exceed 480 work hours.

Wage employees are not eligible for the additional supplement.

In the event the employee is unable to return to work after 90 consecutive calendar days, the employee will cease to earn leave.

Employees may be eligible for Family and Medical Leave as detailed in Policy 1308 - FMLA.

5.3 Restricted Duty
The panel physician will communicate in writing any altered duty restrictions for the injured or ill employee with the Workers Compensation Coordinator.

The Workers Compensation Coordinator will work with the supervisor to develop a plan for the employee's return to work. During transitional duty, the Workers Compensation Coordinator will meet with the injured/ill employee to discuss concerns and to evaluate progress. This duty can be altered, upgraded, or changed in a manner consistent with medical restrictions and in accordance with an individual's improved condition. The plan will include a defined period of disability, the physical restrictions recommended by the physician, specific duties that the employee will be expected to perform, and a defined begin and end date to the plan.

Transitional duty shall be made available to those employees who are expected to return to their pre-injury position and may not exceed 90 days. At the conclusion of 90 days, the supervisor, in consultation with Human Resources, may terminate the transitional duty assignment. If it is determined that the employee has permanent restrictions that result in his/her inability to perform the essential functions of his/her primary position, the provisions of the Americans with Disabilities Act Amendments Act (ADAAA) and other applicable laws will be applied to determine suitability for employment. The employee will continue to receive all Workers Compensation benefits for which they are eligible. Other university/state benefits would be treated as any other employee leaving employment.

6.PROCEDURES

6.1 Accidents or illnesses must be reported to the Workers Compensation Coordinator by using the following method:

6.2 If the injury/illness is serious in nature:

  • Call 911 for transportation to Rockingham Memorial Hospital.
  • Call campus police (86911) for immediate emergency medical treatment or traffic control
  • If the accident or illness is life threatening, the supervisor or designee should accompany the employee to the Emergency Room.
  • Call the Workers Compensation Coordinator, who will contact the family of the employee, if they have not already been contacted.
  • File the Employers Accident Report and Panel Physician form with the Workers Compensation Coordinator within 24 hours.

6.3 If medical attention is needed, but the injury/illness is not life threatening:

  • The supervisor completes the accident report.
  • The employee chooses a physician from the university Panel of Physicians
  • The supervisor or Workers' Compensation Coordinator schedules an appointment for the injured worker and the employee goes to the panel physician for treatment.
  • Work Restrictions should be returned to the supervisor and a copy forwarded to the Workers Compensation Coordinator.

6.4 First Aid/For Record Only:

  • The supervisor completes the accident report.
  • The employee selects a physician from the panel in case the need for medical treatment arises at a later time.
  • File the accident report and the Panel of Physician Selection Form with the Workers Compensation Coordinator.

6.5 Accidents while traveling
An employee traveling on university-approved business is covered under Worker's Compensation for injuries/illnesses incurred in the course of transacting business for the university.

Employees should report to a medical facility for appropriate treatment and inform the facility that it is a work-related claim. The facility may contact the Workers Compensation Coordinator for billing information.

The employee must inform their supervisor as soon as possible so the supervisor can file the appropriate paperwork.

A panel physician will administer follow-up treatment.

7. RESPONSIBILITIES

Employee Responsibility:

  • Perform the job in the safest manner possible, observing all safety and health rules. Report all accidental injuries/occupational illness to their supervisors regardless of the severity.
  • Choose a physician from the James Madison University Panel of Physicians for treatment.
  • Follow the recommendations made by the Panel Physician.

Supervisor Responsibility:

  • Understand and follow the university's safe workplace policies.
  • Encourage employees to understand and follow the university's safe workplace policies.
  • Assist the employee in getting medical treatment in the event of an accidental injury or illness.
  • Contact the Workers Compensation Coordinator (x82358) as soon as possible, but within 24 hours to report all accidental injuries/occupational illnesses to the Workers Compensation Coordinator even if there is no medical attention required.
  • Work with the Workers Compensation Coordinator to provide productive altered/transitional duty when possible for an employee who has been released by the Panel Physician.

Workers Compensation Coordinator Responsibility:

  • Report all accidental injuries and occupational illnesses to the State Workers Compensation Program.
  • Facilitate "Return to Work" for an employee by communicating with the Department Supervisor and the Employee to provide productive altered/transitional duty to an employee who has been released by the Panel Physician for restricted duty.
  • Coordinate with the Panel Physician and State Workers Compensation Program's designee regarding payment of bills for the employee.
  • Facilitate investigations of accidents or occupational illnesses by coordinating the appropriate parties, compiling accident data, communicating results of the data analysis to departments.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Injured employees who do not comply with this policy risk not being covered by Workers Compensation Insurance. They would therefore be subject to uncompensated medical bills and lost work time.

Employees and supervisors of injured employees who do not comply with this policy will be subject to disciplinary action up to and including termination.

9. EXCLUSIONS

The Virginia Workers Compensation Program, or their designee, may determine that an accident or illness is not compensable under the Virginia Workers Compensation Act. Such injuries or illnesses would not then be covered under this policy.

10.INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: April, 2009
Approved by the President: April 2002

Index of terms

Workers Compensation
Injury
Illness
Lost time
Return to work
Workers Compensation Coordinator
VSDP
Accident

1326 Immigration Reform and Control Act

1. PURPOSE

The purpose of this policy is to ensure that the university complies with the Immigration Reform and Control Act (IRCA) in ensuring that all university employees' identity and eligibility to work in the United States are verified. The policy also sets guidelines for the university's responsibilities in hiring individuals who are not United States citizens or permanent residents, including the guidelines for payment of immigration fees necessary to employ such international workers at the university.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The regulations of the U.S. Citizenship and Immigration Services (USCIS) are contained in Title 8 of the Code of Federal Regulations.

3. DEFINITIONS

Asylee
An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his/her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. An asylee is eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

Break in Service
For Form I-9 purposes, a break in service is considered any temporary discontinuation of employment that lasts longer than one year.

EB-2 Category
The most common category of employment-based permanent resident petitions for professionals holding advanced degrees, including teaching faculty. Some faculty and staff members may be eligible for green cards permanent resident status through other categories.

Federal Work-Study
A federally funded financial aid program to provide payment for work performed by students on campus or in the community, based on the needs of the student and the availability of funding. The employee must be a citizen of the United States or a lawful permanent resident to be eligible for federal student aid and therefore, eligible for federal work-study employment.

Fraud Prevention Fee
A fee associated with the H-1B filing process, which, by law, must be paid by the employer.

Green Card
Green Card is used interchangeably with Permanent Resident Card (Form I-551). When an employee holds a green card (i.e., has permanent resident status) he or she is treated identically to U.S. citizens for all employment purposes. Job restrictions applicable to employees in H-IB or other nonimmigrant status are lifted.

H-1B Category
The most commonly utilized temporary employment visa for professional workers. This is an immigration status that is available to certain professional international workers for a period of up to six years.

Immigrant Resident Alien, or Lawful Permanent Resident)
An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Immigration Fees
For these purposes, immigration fees refer to any fee associated with the filing of documents with either the Department of State or the Department of Homeland Security for the purposes of obtaining employment authorization under the H-1B category, PERM, or other employment-based immigration category.

Nonimmigrant
An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiancé(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

OIP
Office of International Programs

Passport
An official governmental travel document that certifies the identity and nationality of a person and grants him/her permission to travel abroad (travel to certain countries may be limited).

PERM
The common name for the process under which professional workers apply for permanent residence in the United States through their jobs. This status is necessary for anyone who desires to be employed in the United States for more than six years. The PERM process must be started within 18 months of the beginning of a tenure-track, tenured or RTA instructional faculty appointment, an administrative & professional (A&P) faculty appointment, or a classified staff appointment. Faculty members on fixed term or temporary appointments and wage employees are not eligible for PERM processing.

Refugee
Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

RTA
Renewable Term Appointment. See Faculty Handbook Section III.D.4.

U.S. Citizen
A person born in the United States, or naturalized, holding a U.S. passport.

U. S. Citizenship and Immigration Services (USCIS)
A government agency responsible for the admission, control and status of all aliens in the United States.

4. APPLICABILITY

This policy applies to all employees of the university. This policy also pertains to all hiring departments and to all international employees beginning their employment in a temporary visa category. For more guidance, see the OIP website.

5. POLICY

Under the Immigration Reform and Control Act (IRCA), when hiring, discharging, or recruiting or referring for a fee, employers with four or more employees may not:

  • Discriminate because of national origin against U.S. citizens, U.S. nationals, and authorized aliens.
  • Discriminate because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: lawful permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
  • Knowingly hire unauthorized aliens. Supervisors who do so are subject to both civil and criminal penalties. It is not illegal to give preference to a U.S. citizen over a non-citizen if the two individuals are equally qualified.

The university will comply with IRCA by following the verification (Form I-9) requirements and treating all newly hired and rehired employees the same. JMU verifies the identity and certifies citizenship status of all newly hired and rehired employees, including United States citizens, on or before the employee's first day of work.

All hiring authorities are required to coordinate the hiring of any person who is not a United States citizen or permanent resident through the OIP, before the offer of employment is extended.

6. PROCEDURES

6.1 The Act requires employers to have their employees complete Section 1 of the Form I-9 no sooner than a job offer has been accepted and no later than the first day of employment. For Form I-9 purposes, an employee's first day of employment is the first day that the employee is physically present on campus and performs work for the university. For employees who work off-campus, the first day of employment is the first day that an employee performs work for the university. The Form I-9 for departments hiring student employees is available at the following link http://www.jmu.edu/stuemploy/wm_library/2013_USCIS-New-Official-Form-I-9.pdf.

A representative from Human Resources or an HR authorized representative must examine the original document or documents the non-student employee presents and then fully complete Section 2 of the Form I-9. Documents examined must be originals, not photocopies and must include one document from List A, or one from List B and one from List C.

For student employees, the hiring department must examine the original document or documents the student employee presents and then fully complete Section 2 of the Form I-9. Documents examined must be originals, not photocopies and must include one document from List A, or one from List B and one from List C.

6.2 All employees must have one of the following in place by their first day of employment:

  • A correctly completed Form I-9 on file in Human Resources or the Student Work Experience Center (SWEC); or,
  • Receipts filed with Human Resources or SWEC proving that appropriate application has been made to obtain otherwise acceptable documents for completion of the Form I-9 where the document was lost, stolen or destroyed. If an employee submits a receipt in order to begin work, the employee's Form I-9 on file must be updated within 90 days of employment or the employee will be terminated. When an employee is hired for three days or less a receipt is not acceptable; an original document must be presented.

6.3 Documents that may be used to verify identity and employment eligibility are listed on the last page of the Form I-9. The applicant may select which document(s) to present.

6.4 The university may not specify which document(s) an employee must present, provided the employee is able to complete the Form I-9 with qualified documents from List A or List B and List C.

6.5 For Form I-9 purposes, a break in service is considered any temporary discontinuation of employment that lasts longer than one year. When an employee has a break in service from the university, the rehired employee must complete a new Form I-9 by the first day of employment following the same procedures noted in sections 6.1 through 6.4 of this policy. (Note: Human Resources or SWEC may require a rehired employee with a break in service of less than a year to complete a new Form I-9 when the Form I-9 on file with Human Resources or SWEC contains errors.)

6.6 A hiring official who has determined that a position will be offered to an individual who is not a United States citizen or permanent resident must contact the OIP before making the offer to arrange for the appropriate documents to be filed by that office in support of the immigration documentation of the new employee. Various federal regulations (see 20 CFR §656.12(b) and 20 CFR 655.731(c)(9)) apply to the responsibilities of an employer in hiring individuals who are not United States citizens or permanent residents, and require the employer to pay certain fees associated with the filing of immigration documents in order to employ these individuals. By law, employers must take certain responsibilities in hiring these individuals, and some of the fees associated with these regulations may not be passed on to the employee. Other fees associated with the filing of immigration documents may legally be borne by either the employer or the employee. The OIP will determine which fees will be paid by the university and which fees must be borne by the employee.

6.6.1. Payment will be made by the OIP to the Department of State, the Department of Homeland Security, or other government agency to pay the necessary fees. The funds will be drawn for any employee in a position requiring either a temporary visa or permanent resident status. The cost of the payment will be shared between OIP, the department and the employee as determined by OIP.

6.6.1.a. All immigration fees associated with H-1B and PERM filing for tenure-track faculty positions will be borne by the university and may not be passed on to the employee, assuming the PERM processing is under the EB-2 category. Should the international employee be interested in filing for his/her permanent residence in a category other than EB-2, s/he will be required to bear the cost on his/her own unless special permission is received from the OIP following a recommendation by the hiring department.

6.6.1.b. All immigration fees associated with obtaining appropriate dependent status for dependents of the employee will be borne by the employee.

6.6.1.c. All immigration fees associated with H-1B filing for non-tenure track faculty and other professional positions will be borne by the university. Fees may not be passed on to the employee.

6.6.1.d. The H-1B Fraud Prevention Fee will be borne by the OIP. This fee may not be passed on to the employee.

6.6.1.e. Should the employee elect to hire an attorney to file his/her own petition for the green card (Permanent Resident Card), the OIP will cooperate with that attorney, but attorney fees will be paid by the employee.

6.62. Should any question arise as to the appropriateness of a payment of any immigration fee not specified here, the OIP, along with the university's legal counsel, will make the decision about whether or not the fee should be paid by the university or the employee. If the OIP or other JMU department has a concern that any international employee is acting fraudulently or otherwise misusing this policy, the university reserves the right to refuse to make payments to any government office on behalf of that employee.

7. RESPONSIBILITIES

Hiring supervisors are responsible for the timely notification to Human Resources of all newly hired and rehired non-student employees through the Onboard @ JMU process. Hiring authorities are also responsible for contacting the OIP before making a job offer to an individual who is not a citizen or permanent resident of the United States.

Once notified by the hiring department, Human Resources is responsible for ensuring that each new non-student employee completes a Form I-9 correctly and timely.

Non-student employees are responsible for accurately completing the Form I-9 with Human Resources on, or before their first day of employment.

Departments hiring student employees are responsible for completing the Form I-9 with the student employee on, or before the first day of employment.

OIP is responsible for completing the Form I-9 with student employees who are aliens authorized to work.

The university is required to retain the Form I-9 for three years after the date of hire or one year after the termination date, whichever is later. Form I-9s must be available for inspection to the USCIS or Department of Labor upon request, and the Form I-9 must be on file in Human Resources for all non-student employees and on file in SWEC for all student employees at James Madison University.

The OIP is responsible for the monitoring of the immigration status of all international employees on a temporary visa. The OIP will also file paperwork necessary to obtain H-1B status where necessary and, in most cases, will file the petition for green cards (Permanent Resident Cards) for the international employees in permanent positions that qualify for green card processing. The OIP is responsible for determining the cost sharing for the fees which must be paid.

8. SANCTIONS

Failure to follow the requirements of this policy as stated will result in the termination of employment of the employee as specified.

Other sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Any office failing to comply with the requirements of this policy will be required to pay all fees and penalties from that office's budget and will not have access to funds from the OIP.

9. EXCLUSIONS

This policy applies only to JMU student and non-student employees. . University affiliates, such as those employed by Aramark, Follett, Pitney Bowes, etc., are the responsibility of their particular employer.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources and the OIP.

Previous Version: April, 2009
Approved by the President:

1603 Reporting of Suspected Fraudulent Transactions

1. PURPOSE

The purpose of this policy is to establish procedures for reporting suspected fraudulent acts involving university property or resources.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Code of Virginia Section 30-138 requires the president to notify the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police of circumstances suggesting a reasonable possibility that a fraudulent transaction involving university employees has occurred. Code of Virginia Section 2.2-3011 provides whistle blower protection for all employees disclosing information about suspected wrongdoing or abuse to an appropriate authority.

3. DEFINITIONS

Appropriate authority
A federal or state agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or abuse; or a member, officer, agent, representative, or supervisory employee of the agency or organization. The term also includes the Office of the Attorney General, the Office of the State Inspector General, and the General Assembly and its committees having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or abuse.

Fraud
The intentional deception perpetrated by an individual or individuals, which could result in a tangible or intangible benefit to themselves and/or could cause detriment to the university, the commonwealth or others. Fraud includes a false representation of a matter of fact (whether by words or by conduct, by false or misleading statements, or by concealment of that which should have been disclosed) that deceives and is intended to deceive. Fraudulent transactions can include but are not limited to the following prohibited acts:

  • misappropriation of cash or funds with falsification of documents;
  • falsification of documents;
  • unauthorized use of university property or resources;
  • unauthorized access to (or misuse of) computer systems or equipment;
  • falsifying entries to payroll or travel records;
  • charging personal purchases to the university; and
  • unauthorized use of university employees.

Good faith report
A report of wrongdoing or abuse which is made without malice and which the person making the report has reasonable cause to believe is true.

Whistle blower
An employee who witnesses or has evidence of wrongdoing or abuse and who makes or demonstrates by clear and convincing evidence that he/she is about to make a good faith report of, or testifies or is about to testify to, the wrongdoing or abuse to one of the employee's superiors, an agent of the university, or an appropriate authority.

Wrongdoing
A violation, which is not of a merely technical or minimal nature, of a federal or state law or regulation or a formally adopted code of conduct or ethics of a professional organization designed to protect the interests of the public or employee.

4. APPLICABILITY

This policy applies to all university departments, activities, employees, students and student organizations.

5. POLICY

The university will not tolerate theft, waste, abuse or misuse of state or university property or other resources. University employees and students will be required to report suspected irregularities or possible fraudulent transactions to Audit and Management Services. All reported allegations will be fully reviewed, and substantiated fraudulent activities will be reported to the proper authorities.

The university will not discharge, threaten, or otherwise discriminate or retaliate against a whistle blower who discloses information about suspected wrongdoing or abuse in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or that the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. In addition, the university will not discharge, threaten, or otherwise discriminate or retaliate against a whistle blower because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action.

Nothing in this policy shall prohibit the university from disciplining or discharging a whistle blower for his/her misconduct or any violation of university policy or law.

6. PROCEDURES

6.1 Upon the discovery of circumstances that suggest that a fraudulent transaction may have occurred, it is the responsibility of university employees and students to immediately notify the Director of Audit and Management Services. Upon such notification, the director will ensure that the appropriate vice president and the president are informed of the questionable transaction or specific event.

6.2 Audit and Management Services will perform audit procedures to determine whether there is a reasonable possibility that a fraudulent transaction has occurred. Audit and Management Services will also attempt to quantify any losses and make recommendations for improving internal controls.

6.3 Employees and students are required to cooperate fully with those performing investigations. Employees, departments, students and organizations (i.e., other than those responsible for conducting investigations pursuant to this policy) shall not conduct investigations on their own since this may compromise official investigations.

6.4 If Audit and Management Services determines that there is a reasonable possibility that a fraudulent transaction has occurred and involves a university employee (including student employees), the office will prepare a letter for the president's signature to report the possible fraudulent transaction to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia.

6.5 Audit and Management Services will also consult Public Safety for their opinion on whether a reasonable possibility exists that a fraudulent transaction has occurred. Further investigation of the transaction or specific event with the objective of prosecution is the responsibility of Public Safety and the Commonwealth's Attorney. The decision to prosecute is the responsibility of the Commonwealth's Attorney. Audit and Management Services will assist with further investigation if requested.

6.6 The university will take any necessary administrative actions and may request restitution of funds. Recovery of funds will be the responsibility of the Assistant Vice President for Finance unless otherwise decided.

6.7 University employees (including student employees) and citizens of the Commonwealth may also anonymously report suspicious activities to the State Fraud, Waste and Abuse Hotline (1-800-723-1615), maintained by the Office of the State Inspector General (OSIG). Audit and Management Services may be required to investigate these activities and report findings to OSIG.

6.8 Audit and Management Services will report incidents involving students to Judicial Affairs and, if student organizations are involved, the Associate Vice President for Student Life.

7. RESPONSIBILITIES

Employees and students are responsible for notifying Audit and Management Services of circumstances that suggest that a fraudulent transaction may have occurred.

Audit and Management Services is responsible for performing audit procedures to determine whether there is a reasonable possibility that a fraudulent transaction has occurred. The office is also responsible for preparing letters for the president's signature to report possible fraudulent transactions by employees to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia. Audit and Management Services will report incidents involving students to Judicial Affairs and, if student organizations are involved, the Associate Vice President for Student Life.

Public Safety is responsible for performing investigations for the objective of prosecution.

The president is responsible for reporting possible fraudulent transactions by employees to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia.

The Office of Human Resources is responsible for posting notices of whistle blower protection in accordance with Section 2.2-3013 of the Code of Virginia.

8. SANCTIONS

Regarding employees (including student employees), sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Regarding student organizations, sanctions will be commensurate with the severity and/or frequency of the offense and may include withdrawal of recognition and support for the student organization.

Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion.

In addition to the above administrative actions, individuals may also be subject to criminal prosecution. (See 6.4 and 6.5)

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Audit and Management Services.

Previous Version: July 2011
Approved by the President: November 2009

Index Terms

Audit
Fraud
Whistle blower

1323 New Employee Orientation

1. PURPOSE

This policy provides the university's rules for new employee orientation.

2. AUTHORITY

The Board of Visitors is given the authority to establish personnel policies for all employees of the university. This power is delegated to the President in areas in which the Board of has not established policy. The President has mandated that new employees will receive an appropriate introduction to the university and their roles as members of the university community.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Classified Employee
At JMU, a non-faculty, full-time employee who is covered by the Virginia Personnel Act.

Instructional Faculty
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Orientation
A systematic, strategic program designed to educate and inform new employees for the purpose of making their employment experience more fulfilling and their work more productive.

Wage employee
As defined by the Commonwealth, a wage employee is a part-time, temporary or seasonal employee who is limited to working no more than 1500 hours in any 365-day period.

4. APPLICABILITY

This policy applies to all full-time classified employees and where indicated to new wage employees and full and part-time faculty members.

5. POLICY

Orientation occurs in two phases. Phase One (traditional benefits, performance and compensation information) is required for all new full-time classified employees. Phase Two (non-traditional benefits) is strongly recommended for all new full-time classified employees and is optional for new wage employees and full and part-time faculty members.

6. PROCEDURE

The orientation program is designed to provide new employees with general information about the university and its programs, benefits and personnel policies and procedures. Phase One orientation is held every two weeks while Phase Two orientation is held every other month. New classified employees are scheduled for the Phase One and Phase Two orientation sessions closest to their employment date as part of their Onboard session.

Wage employees and full and part-time faculty are encouraged to attend and enroll in Phase Two orientation by having their supervisor e-mail the employee's name, e-mail address, and supervisor's name to jobs@jmu.edu or by calling the HR Service Center at 8-6165.

To assist supervisors in the orientation process, a departmental checklist, accompanied by the Welcome Letter, is sent to supervisors of classified employees by JMU's Employee Ombudsperson. Additions may be made to the checklist to cover unique departmental requirements. The signed letter and checklist should be returned to the Employee Ombudsperson to reside in the employee's personnel file in Human Resources.

7. RESPONSIBILITY

Division heads, deans, directors, department heads and supervisors are responsible for the application of this orientation policy. Supervisors are required to ensure that all new, full-time employees covered under this policy participate in Human Resource's Orientation sessions. In addition, division heads, AVPs, deans, directors, department heads and supervisors are responsible for providing newly appointed, promoted or transferred employees with job training and information specific to departmental operations.

Formal orientation sessions are the responsibility of Human Resources.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Faculty Orientation for new faculty members is coordinated by the Office of Academic Affairs and occurs in late August before the start of the fall semester. Faculty and wage employees do not attend Phase One orientation and are encouraged to attend Phase Two orientation.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: March 2009
Approved by the President: April 2002

Index of Terms
Orientation
New Employee Orientation

1207 Appropriate Use of Information Technology Resources

1. PURPOSE

The purpose of this policy is to provide direction to members of the university community regarding safe and responsible use of university technology resources and to outline the obligations they have as a whole and individually to abide by established standards of acceptable use. 

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Consistent with the University’s Memorandum of Understanding granting Level II delegation from the Commonwealth under the Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 and in keeping with the other university technology policies, JMU exercises independent authority for issuing policy and establishing requirements related to technology management for the institution.

3. Definitions

Harassment:
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

System Security Mechanism:
A procedure, program, or device used with a computer to implement or enforce access controls, auditing, authentication, confidentiality, authorization, policy settings or other security measures.

University (JMU) Information Technology Resources: 
These include, but are not limited to, equipment, software, systems, networks, data, and communication devices (stationary and mobile) owned, leased or otherwise provided by JMU.

4. APPLICABILITY

This policy applies to all members of the university community who use the university’s information technology resources.  This includes, but is not limited to students (applicants, current and graduates), faculty, staff, guests, and external individuals or organizations. The policy applies regardless of the methods of access, whether initiated from on or off-campus and whether using university-owned, privately-owned or third-party systems or networks.

5. POLICY

JMU provides a variety of public and non-public information technology resources to provide services, encourage free exchange of ideas and support information sharing. Access to these resources is privilege governed by certain regulations and restrictions. These include university policies, procedures and standards, as well as applicable local, state, and federal laws/regulations. 

Authorized users are offered the most reliable and reasonably broad access to information technology resources possible.  And in return for these access privileges, the user agrees to behave ethically, appropriately, and responsibly in their use of the resources.  This means that each person who accesses or uses university information technology resources accepts the responsibilities outlined here and in other university policies and standards. In addition, users will adhere to applicable local, state and federal laws/regulations.

Under some circumstances, actions must be taken to preserve the security, integrity and/or availability of university information technology resources or to respond to legal inquiries.  Therefore, at the discretion of university senior management, files, data, or communications may be reviewed as necessary with cause, and individuals are not entitled to any expectation of privacy.  The university also reserves the right to suspend or discontinue access to university information technology resources as necessary.

6. PROCEDURES

Due to the openness of JMU's network, virtually all systems are connected internally and to external resources as well.  Improper operation of such systems can result in compromise or operational disruption of the JMU network and related services and data. Thus, there are special requirements related specifically to network-connected devices. These requirements apply to all devices connected to or accessing the JMU network.

Though specific requirements/operating practices may vary somewhat with specific aspects of the environment, users are expected to follow best practices for effective and secure operations.   For example, it is expected that available protections such as security configuration settings, anti-virus software, software/service updates, and account/account-level access controls are used whenever one is accessing JMU information technology resources.  

More specific requirements for the use of JMU information technology resources are communicated through university information technology policies and standards and those otherwise related. Users are responsible to ask questions and assure their own understanding of these requirements.

7. RESPONSIBILITIES

7.1.   User Responsibilities:

As a user of JMU information technology resources, each user shall:

  • use only those information technology resources for which s/he has authorization
  • use information technology resources and data only their intended purposes
  • refuse to provide or share access to university information technology resources with those who are not authorized
  • abide by applicable laws/regulations and university policies, including, but not limited to, those related to copyright and intellectual property
  • respect the security (confidentiality, integrity and availability) of information technology resources
  • respect the privacy and personal rights of others including, but not limited to the right to be free from intimidation or harassment
  • use and operate information technology resources in a manner that respects established controls and minimizes the risk of adverse effects or unavailability to others
  • accept responsibility for his/her behavior, for any use of his/her user credentials, and for the operation of any device(s) they own, use or are assigned
  • upon notification, comply with requests to discontinue activity or behavior that violates this or other applicable policies or regulations
  • not use university information technology resources for personal/financial gain, political activities, or fraudulent, harassing or illegal activities. 
  • report any violation of security or appropriate use to abuse@jmu.edu or to the university’s Information Security Officer
  • report suspected possible fraudulent transactions involving university information technology resources to Audit and Management Services (see Policy 1603, Reporting of Suspected Fraudulent Transactions)

7.2.   University employees:

Further, in using university information technology resources, employees shall:

  • refrain from operating computer games using university information technology resources other than for academic instruction
  • comply with any statute or regulation applicable to university employees including, but not limited to, Commonwealth of Virginia DHRM Policy 1.75 (Use of Internet and Electronic Communication Systems) and Code of Virginia sections prohibiting employees from accessing sexually explicit materials
  • adhere to university policies and standards for procurement/development of technology systems/services and their operation, maintenance or modification.

7.3.   Other Responsibilities:

The university’s Assistant Vice President (AVP) for Information Technology, Information Security Officer, and other IT staff have responsibilities assigned by the university as part of their job responsibilities.

Because of their leadership positions and control over resources, AVP’s, deans, and other academic/administrative unit heads, along with principal investigators (PIs) can play a critical role in the use and protection of JMU information resources. They are expected to influence appropriate use outcomes by:

  • ensuring that security is given appropriate consideration, along with functionality, performance, ease-of-use, cost, and availability, in the planning and implementation of new projects and services
  • making computer security a staffing, funding, and training priority. Additionally, PIs can specify the cost associated with security as a direct cost in grant proposals
  • encouraging responsible attitudes and behaviors within the units they lead by communicating the importance of addressing security issues and by requiring all staff members to be accountable for the security of their network-connected devices
  • acknowledging that administration of information technology resources takes specialized skills and helping ensure that qualified people and necessary resources are available; and
  • enabling quick and effective response to violations of appropriate use or when a security breach occurs.

8. SANCTIONS

8.1   Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

8.2   Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion.

8.3   In addition, responses for violation of this policy may include, but are not necessarily limited to, the following:

  • Notification:  alerting a user to what appears to be an inadvertent violation of this policy in order to educate the user to avoid subsequent violations.
  • Warning: alerting a user to the violation, with the understanding that any additional violation will result in a greater penalty.
  • Loss of computer and/or network privileges:  limitation or removal of computer and/or network privileges, either permanently or for a specified period of time.
  • Restitution for damages:  requiring reimbursement for the costs of repair or replacement of computer-related material, equipment, hardware, software, data and/or facilities. In addition, such reimbursement shall include, but not necessarily be limited to, the cost of additional time spent by university employees due to the violation.
  • Finally the violator may be subject to criminal or civil penalties as they apply.

8.4   The university considers any violation to be a serious offense in its efforts to preserve the privacy, data, and services of individuals and the university. In the case an investigation is begun related to policy and/or legal violations, the university's officials reserve the right to access, examine, intercept, monitor, and copy the files, network transmissions, and/or on-line sessions of any user. The university may choose to suspend a user's access to its resources in connection with investigation of (but not limited to) any of the following:

  • violations or suspected violations of security and/or policies
  • activities which may be contributing to poor computer performance
  • computer malfunctions.

8.5   In connection with such investigations, users whose files, network transmissions, or computer sessions are affected are deemed to have acknowledged that they are not entitled to any expectation of privacy with regard to their files, data or communications, which may be shared with appropriate investigating officials.  In general, the university will exercise discretion as far as is appropriate given the case.

8.6   The university's Office of Audit and Management Services (as well as appropriate JMU or external law enforcement agencies) may be notified of the violation and provided with information and materials relating to the investigation and/or violation.

9. EXCLUSIONS

None.

10. INTERPRETATION

Authority to interpret this policy rests with the President, and is generally delegated to the Assistant Vice President for Information Technology.

Previous Version: April 2012
Approved by the President: April 2002

Index Terms

Intellectual property
Information security
Abuse of technology
Use of technology

1309 University Closings, Class Cancellations and Exam Postponements Due to Inclement Weather or Emergencies

1. PURPOSE

The purpose of this policy is to establish a process by which the university may close or cease parts of its operation in response to inclement weather or emergencies.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Authorized closing:
The closing of university operations, as determined by the President or a designee, for specific periods of time as needed. An authorized closing may be for a full or partial shift, such as in the case of delayed openings or early closings.

Designated Employee:
Those employees identified by the employing department whose work is essential to university operations and are required to work during periods of authorized closings.

Emergency conditions:
Those conditions, as determined by the President or a designee, that severely hamper employees from traveling to and from work, reporting to or remaining at work (including but not limited to inclement weather, utility failure, sustained flu pandemic, fire or other forced evacuations).

Non-designated Employee:
Those employees who are not required to work during an authorized closing. For purposes of identification in media announcements, these employees will be identified as 'non-designated employees.'

4. APPLICABILITY

This policy applies to all JMU employees.

5. POLICY

This policy is designed to establish the guidelines and procedures for university closings, class cancellations and for the compensation of designated employees.

PROCEDURES

James Madison University is primarily a self-contained campus with a large number of residential students requiring a variety of support services, regardless of inclement weather conditions or emergency situations. For the safety and well-being of its students and employees, the university may close or limit its services based on inclement weather or other emergencies.

6.1 Closing Decisions

Decisions to close university operations (those operations that do not operate in emergency or inclement weather conditions) will be made by the president or a designee. Individual vice presidents, the executive assistant to the president, deans, directors, department heads and supervisors are not authorized to make closing decisions in their areas. The president or a designee may make such a decision at any time during the calendar year to protect the best interest and welfare of the university community. Should inclement weather or emergency conditions dictate that the university operate with only inclement weather or emergency operations services, one of the following procedures will be followed:

  • Inclement weather or emergency conditions that occur between 8 a.m. and 5 p.m.
    • When a drastic change in weather conditions or an emergency situation occurs between 8 a.m. and 5 p.m., the Office of Public Safety, in cooperation with state and local police, the director of facilities management, and other staff personnel, gathers information on conditions and informs the Senior Vice President for Administration & Finance. The Senior Vice President for Administration & Finance provides the President with a recommendation and the President determines whether non-inclement weather staff operations will close.
    • If the decision to close is made, the Senior Vice President for Administration & Finance notifies the Director of Public Affairs and University Spokesperson. The Director of Public Affairs and University Spokesperson and his/her staff place appropriate announcements to:
      • JMU Weather Line (540) 433-5300
      • JMU radio station 1610AM
      • JMU's home page
      • Area radio and television stations.
      • JMU Office of Public Safety, who in turn is responsible for announcements on Emergency Notification System
    • If the university is open at the time the announcement is made, division heads and the executive assistant to the president will make arrangements for contacting departments within their divisions. Announcements made during the time period affect early closings for first shift employees and possible shift closings for employees who work other than first shift. Announcements will include the following:
      • Start and stop times of shift closings;
      • Reference to all shifts affected by the closing;
      • Reference to Saturday and Sunday closings, as appropriate.
  • Inclement weather and emergency conditions that occur between 5 pm and 11 pm
    • The same procedure as outlined above is followed. The Director of Public Affairs and University Spokesperson and staff place notifications as noted above by 9:00 pm Announcements are made in time to inform night shift employees whose start time is 10:30 pm.
  • Inclement weather or emergency conditions between 11 pm and 8 am.
    • The Office of Public Safety gathers information concerning the conditions and contacts the Senior Vice President for Administration & Finance by 5:00 am. The Senior Vice President for Administration & Finance notifies the Director of Public Affairs and University Spokesperson who makes appropriate notifications as noted above by approximately 5:30 am. Announcement of the decision should be made as soon as possible to inform employees whose shift begins at 6:30 am. Procedures should be developed within each department to notify employees whose shifts begin prior to 6:30 am.

6.2 Classes & Exams

Decisions to close university operations will be made by the president or a designee. If the decision to close is made, announcements will be made on JMU radio station 1610AM, on the JMU Home Page, on the JMU Weather Line (540) 433-5300 and on area radio and television stations.

When it is necessary to cancel classes due to weather or other emergency, faculty members have several options for making up missed instructional time.

  • Hold class on the official university make up day, which will be designated as part of the closing announcement.
  • Hold class at another time acceptable to class members. The department will arrange time and location.
  • Hold class electronically, using a web-based source such as Blackboard.
  • Accommodate for the missed instructional time within remaining class meeting time.

NOTE: If the university is closed because of inclement weather conditions or emergency situations, faculty members are prohibited from requiring students to attend events, classes, laboratories or any other functions on campus. However, students who are participating in off-campus activities such as internships, practica, student teaching or health services placements, or other assigned coursework at locations remote from campus, will still be required to keep and attend their assigned placements, unless the placement site is closed or the student is unable to safely reach the placement site. It is the responsibility of the student to contact the placement site to receive instructions on attendance at the site, and to notify the instructor of record in the course of any closings of the placement site or inability to reach the placement site because of closings or inclement weather conditions.

6.2.1 Final Examinations Missed or Rescheduled Due to Inclement Weather or Emergency Closing

In response to inclement weather and other emergencies, the university may be forced to cancel or reschedule final examinations. Decisions to close university operations will be made by the President, or a designee. If the decision to close the university and reschedule final examinations is made, announcements will be made as noted above.

When the university closes due to weather or other type of emergency, faculty will administer regularly scheduled examinations at a time designated by the university unless otherwise announced in the course syllabus. The official make up time will be designated as part of the closing announcement. Unless otherwise notified, examination locations will be the same as the location for the regularly scheduled exam.

If it is determined that exams cannot be given because of inclement weather or other emergency, faculty will assign final grades to students based on the exams, tests and projects completed prior to the regularly scheduled exam date.

6.3 Faculty & Staff

It is the policy of the university to provide classified staff members pay continuity for absences necessitated by the authorized closing of operations due to inclement weather conditions or other emergencies such as utility failure, fire and other forced evacuations.

  • Designated Staff who work their normally scheduled shifts during an authorized closing, whether an entire shift closing or a partial shift closing, will be credited with compensatory leave for those hours worked. Employees telecommuting during an authorized closing would not receive compensatory leave.
  • Designated Staff required to work in excess of the hours in their normally-scheduled shift will be compensated in accordance with the Fair Labor Standards Act for the excess time worked (i.e., overtime payments), provided they are in a non-exempt classification.
  • Designated Staff who do not report to work as scheduled must charge time missed to annual leave, compensatory leave or leave without pay as appropriate.
  • Employees are expected to report to work on time. However, when conditions create transportation difficulties that result in late arrival of classified employees, supervisors may authorize up to two hours of such lost time as an authorized absence not charged as leave. Supervisors should decide each case on its own merits.
  • Corrective action for failure to report may be taken under the Standards of Conduct and Performance policy.
  • Employees who are on approved leave with pay for an authorized closing day will not be charged leave for the day.
  • Annual, compensatory leave or leave without pay must be charged, as appropriate, when a designated employee leaves before the end of the shift during an authorized closing.

Wage (part-time employees)

  • Wage employees who are considered Designated Staff under the provisions of this policy will receive an additional half-hour pay for each hour they work during an authorized closing.
  • If an authorized closing falls on a wage employee's regularly scheduled day off, the employee will not report to work and will not be paid nor receive compensatory time for the day.

6.4 Compensation for Entire Shift Closing - Non-Designated Employees

  • To be eligible for pay, Non-Designated Staff must work or be on paid leave the work day before and the work day after the authorized closing.
  • Employees who are eligible will be paid for the hours they are scheduled to work, as follows:
    • Non-exempt ('hourly') employees will be paid for the number of hours they were scheduled to work during the authorized closing
    • Exempt ('salaried') employees will be paid for a full day for each full day the University is closed during an authorized closing
    • Employees who work an alternate schedule will be paid for the hours they were scheduled to work during the authorized closing. If an employee's normal work schedule is more than the period of the authorized closing, the additional hours not worked must be charged to leave or leave without pay as appropriate or be worked at a later time in the same workweek.

Example
A full-time employee (40 hours per week) is scheduled to work four ten-hour days Monday through Thursday. An entire shift closing is authorized for the first two shifts on Monday and for the first shift only on Tuesday. The employee will be paid for ten hours on Monday and eight hours on Tuesday. The additional two hours on Tuesday that the employee was scheduled to work beyond the end of the shift closing must be charged to leave balances or to leave without pay as appropriate.

Another alternative, subject to the supervisor's approval, would be to adjust the employee's work schedule to work an additional two hours later in the same workweek.

  • Employees who are on approved leave with pay for an authorized closing day will not be charged leave.
  • Employees who report to work as a result of not having heard the shift closing announcement will be paid their regular rate of pay but shall not be credited with compensatory leave except in extenuating circumstances approved by the president or designee.
  • Employees whose resignations are effective the day of an all-day closing will not qualify for payment, and the separation will be effective the last actual day worked unless the closed day falls on the last workday of the pay period.
  • In the event of an authorized closing, a supervisor may change the status of any classified staff member to Designated Staff based on the needs of the university. The compensation guidelines relative to the new status would apply.

6.5 Compensation for Partial Shift Closing - Non-Designated Employees

  • Employees who are on pre-approved leave with pay or who contact their supervisor requesting leave (and it is approved by the supervisor) on the day of a partial shift closing shall have only the hours of operation charged to their leave balances.
  • Employees are expected to be at work on time. However, when conditions create transportation difficulties that result in late arrival of employees, supervisors may authorize up to two hours of such lost time as an authorized absence not charged as leave. Supervisors should decide each case on its own merits.
  • Employees who are allowed to leave work prior to an announcement of an early closing must charge the difference between that time and the official closing time to leave balances or leave without pay.

7. RESPONSIBILITY

It is the responsibility of senior vice presidents, the executive assistant to the president, division heads, academic deans, department heads, directors and supervisors to ensure that the provisions of this policy are reviewed with employees and administered to all employees in a consistent manner.

Management should inform appropriate employees in writing that they will be required to work during authorized shift closings. It is recommended that these employees ('Designated Staff') be notified at the time of employment, or annually just prior to the winter season, or when it can be predetermined that for certain types of emergencies these employees' services will be necessary.

It is the responsibility of the supervisor to provide accurate time and leave information to Human Resources.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination.

EXCLUSIONS

Not applicable

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: June, 2008
Approved by the President: September, 2010

Index of Terms

Inclement weather
Snow day
University closing
Emergency closing
Class cancellation
Cancellations

1316 Release of Information from Employee Records

1. PURPOSE

This policy establishes guidelines for access to and release of personal information on employees that is maintained by the university.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND / OR REGULATION

The university is required to comply with the Virginia Government Data Collection and Dissemination Practices Act (Va. Code Title 2.2, Chapter 38, sections 2.2-3800 et. Seq.) and the Virginia Freedom of Information Act (Va. Code Title 2.2, Chapter 37, sections 2.2-3700 et seq., hereafter "FOIA").

3. DEFINITIONS

Personal Information That May Be Disclosed Without Employee's Consent
Certain personal information must be disclosed to third parties upon request and may be disclosed without the knowledge and consent of the subject employee. This information includes:

  • Employee's position title
  • Employee's job classification title
  • Dates of employment
  • Records of allowances or reimbursements for expenses paid to employee
  • Official salary or rate of pay for employee, if such pay exceeds $10,000 per year

Personal Information That May Be Disclosed With Employee's Consent
Other personal information may not be disclosed to third parties without the written consent of the subject employee unless the third party has legal authority to access the records or has authority under section 3.3. This information includes, but may not be limited to:

  • Performance evaluations
  • Mental and medical records
  • Credit or payroll deduction information
  • Applications for employment
  • Records of suspension or removal including disciplinary actions
  • Records concerning grievances or complaints
  • Scholastic records
  • Records of arrests, convictions or investigation
  • Material relating to Workers' Compensation claims
  • Material relating to Unemployment Compensation claims
  • Retirement records
  • Confidential letters of reference or recommendation
  • Leave records
  • Results of pre-employment tests
  • Recommendations or letters of reference
  • Personal information such as race, sex, age, home address, home telephone number, marital status, dependents' names, insurance coverage or social security number

Individuals/Agencies That May Have Access To Employee Records Without The Consent of The Employee
The following individuals/agencies may have access to employee records without the consent of the subject employee. This list is not all-inclusive.

  • The employee's supervisor and higher level managers in the employee's supervisory chain.
  • The employee's agency head or designee and agency human resource employees and legal counsel, as necessary.
  • Specific private entities that provide services to state agencies through contractual agreements (such as health benefits, life insurance, Workers' Compensation, etc.) in order to provide such service.

4. APPLICABILITY

This policy applies to all employees of the university. It applies to personnel information in the official university file and supervisor's files on the employee.

5. POLICY

The university is obliged to comply with applicable federal and state law, to disclose to residents of Virginia information that is open to the public and to safeguard the privacy of its employees when determining the release of employee-related information from its records. Personnel information, except for the categories listed in section 3.1, is generally not subject to disclosure under FOIA and is protected under the Government Data Collection and Dissemination Practices Act.

6. PROCEDURES

6.1 Requests for Information - General

6.1.1. All requests for personnel information by third parties outside of the university should be directed to the University Spokesperson, who will coordinate the response with the Director of Human Resources. Any employee of the institution, who receives a request for personnel information, whether or not FOIA is cited in the request, must immediately contact the University Spokesperson in order to meet the strict five day timeline for response under the law. See Policy 1103, Responding to External Requests for Information.

6.1.2. Requests for personnel information by offices or individuals within the university should be directed to the Director of Human Resources, who will determine if the information should be released under section 3.3.

6.1.3. If personnel information other than that listed in 3.1 is disclosed, the employee will be notified of the names of recipients, other than those with authority under 3.3, unless the recipient has obtained the information as part of an ongoing criminal investigation such that disclosure of the investigation would jeopardize law-enforcement action; then, no disclosure of such access shall be made to the employee. Human Resources will maintain a record of those third party entities who have had access to personal information in employees' files over the last 3 year.

6.1.4. Employment references may be provided by past or present supervisors or co-workers or by the Director of Human Resources.

See Policy 1320, Providing and Obtaining Employment Reference Information.

6.2 Requests for Information - Court Orders

The university must comply with validly issued and served subpoenas, court orders and search warrants ordering employee records to be turned over to the court, or other office issuing the order. The university may inform subject employees of such subpoenas, but is not required to do so. Requests for personnel information by subpoena, court order or warrant should be directed to the Legal Services Office. Any employee of the institution who receives a subpoena, court order or warrant must immediately contact the Legal Services Office in order to meet the timeline for response under the law. The Legal Services Office will determine whether the order has been validly issued and served, and whether the information must be released.

6.3 Reviewing Personnel Files 

Employees have access to information retained in all personnel files of which they are the subjects. However, employees do not have access to recommendations or letters of reference, nor to any test or examination used for evaluation. Individuals seeking access to their own official personnel files should arrange an appointment with Human Resources. Employees are not required to obtain their supervisors' approval prior to reviewing their official personnel file. However, they must provide adequate notice to supervisors when they wish to obtain releases from work to review their files. Employees will not be charged for reasonable time away from work to review their files.

Employees may review supervisors' files of which they are the subjects. Employees should make arrangements with their supervisors to review these files. The supervisor or a designee normally should be present during the review unless circumstances would preclude the supervisor's or designee's attendance.

6.4 Copying Records 

The university may charge fees for providing information to individuals requesting copies of documents. These charges may not exceed the actual cost of providing the information. Charges may include the actual copying costs plus the cost for labor involved in locating and copying the information.

7. RESPONSIBILITY

The Human Resources Director is responsible for the management, maintenance and protection of employee files.

Supervisors are responsible for managing and maintaining their own personnel-related files and to include notes, performance documentation and other employee information that is not required to be included in the employee's official Human Resources personnel file.

The University Spokesperson is responsible for coordinating responses to FOIA requests.

The Legal Services Office is responsible for coordinating responses to subpoenas, court orders and warrants.

8. SANCTIONS

Personnel who do not comply with this policy are subject to criminal penalties provided for by the attendant laws as well as disciplinary action up to and including termination.

9. EXCLUSIONS

Persons are only responsible for the management and dissemination of information over which they are custodian. In addition, the university is not required to create records it does not already hold or manipulate or report data in response to a request in a way that it doesn't already manipulate or report such data.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: February 2008
Approved by the President: November 2002

Index of Terms

Government Data Collection and Dissemination Practices Act
Freedom of Information Act (FOIA)
Employee Records
Personnel Records
Privacy law
Subpoenas
Warrants

2301 Continuing Education

THIS POLICY IS CURRENTLY UNDER REVIEW

GENERAL RESPONSIBILITIES
The mission of the Office of Continuing Education (OCE) is to utilize available technology to extend the resources of the university community to citizens in order to provide continuing professional development and outreach services that enhance personal development of individuals and stimulate economic development.

Many people have educational needs but cannot or do not desire to attend college on a full-time or a degree-seeking basis. Therefore, the OCE is responsible as a coordinating entity to a variety of instructional products both on and off campus to meet the continuing education needs of the workforce. These products include but are not limited to: professional development planning services, graduate and undergraduate credit courses, credit and noncredit certificate programs, custom-designed courses, contract courses, packaged programs, and external degree programs.

Educators can obtain in-service training by taking courses designed for licensure and relicensure or credit towards a graduate degree in selected professional fields. The OCE also offers a variety of camps, conferences and seminars to people of all ages and educational backgrounds, often in collaboration with academic departments or other University outreach service units. These offerings vary from year to year depending on customer service requests.

In addition, the OCE facilitates instructional courses and programs that are not funded through a departmental or summer school budget. Among these programs are a variety of grant-supported products, certificate programs, and external degree programs. Some non-credit instructional products award Continuing Education Units (CEU’s) as a means of consistently measuring workforce development. More specific information can be obtained from the OCE Service Delivery Manual.

UNIVERSITY SUPPORTED CREDIT COURSES AND PROGRAMS

Definition
In order to fulfill its mission, the OCE offers a variety of University supported credit courses and programs. The University assumes responsibility for these instructional products and supports them by expending the necessary funds and resources to sustain them.

University supported credit courses and programs are defined as on- or off-campus credit products planned and funded by a University academic department/school that supports the mission of the University. Course and program requests for all University supported credit products must be submitted to the OCE for processing and approval (OCE Form # 001). When approved, the course or program will be offered through the OCE in conjunction with the appropriate department/school within the respective college or administrative division of JMU.

Off-campus Credit Offerings - In order to assess the varied needs and reduce course duplication in the region, the James Madison University OCE voluntarily coordinates and conducts regional planning meetings for school divisions and higher education institutions every fall and spring. Visits are regularly made to area businesses and several network affiliations with human resource directors are maintained throughout the year.

It is possible for any course listed in the current JMU catalog to be offered off-campus, as long as approval from the appropriate Department Head/School Director, Dean, and the Director of OCE has been received. Accreditation and enrollment requirements must also be met. Generally, lower level courses are offered by community colleges. Please refer to the OCE Service Delivery Manual for specific procedures to make course program requests.

Service Region - As a regional comprehensive university, JMU has traditionally focused on serving the needs of the citizens of the Shenandoah Valley and the Piedmont region of Virginia. The JMU service region is defined as the counties of Augusta, Bath, Clarke, Culpeper, Fauquier, Frederick, Greene, Highland, Madison, Orange, Page, Prince William, Rappahannock, Rockbridge, Rockingham, Shenandoah, Spotsylvania, Stafford, and Warren, and the cities of Buena Vista, Culpeper, Front Royal, Fredericksburg, Harrisonburg, Lexington, Manassas, Manassas Park, Staunton, Warrenton, Waynesboro, and Winchester. These are generally the regional counties and cities where the majority of service requests have originated.

New information technologies have expanded the traditional service region of JMU to other regions of Virginia, the United States, and the World. Instructional delivery over the Internet and through interactive audio-video classrooms, such as the Commonwealth Classroom, have greatly enhanced the potential for the OCE to deliver instructional products to a much larger audience.

On-campus Credit Offerings - Many JMU departments utilize the OCE to implement credit programs on campus. These programs are often exploratory special offerings, grant-funded courses, custom-designed courses, courses that are added too late to qualify as regular on-campus courses, and courses requested by departments due to financial constraints. On-campus courses should not be administered through the OCE more than once every 3 years unless they are exploratory, grant-funded, custom-designed, or urgently needed courses.

Both off-campus and on-campus credit courses must comply and conform to the OCE's course request and approval procedure. They must also comply with the OCE's registration process and assessment and evaluation procedures.

GRANT-FUNDED COURSES
The OCE encourages and supports faculty members who seek external funds. These external funds often have unique provisions and do not conform to the University's calendar. Therefore, the OCE is a common partner in the implementation of courses that are grant-funded. The OCE works closely with the Office of Sponsored Programs to facilitate the administration of grant-funded courses. Instructors indicate on the Course Request Form (OCE Form # 001) if a planned course is to be grant-funded and the items that the external funds will be supporting. Such courses must comply and conform to the course request and approval procedures, registration processes, and evaluation procedures of the OCE. Tuition may be reduced in certain cases if no Education and General Funds are used to pay instructor compensation, travel, subsistence, course materials or other directly related instructional costs.

A faculty member may choose to be paid the same rate to teach a grant-funded course through the OCE as to teach a regular summer school course (if the Academic Affairs summer school rate is higher than the OCE's rate for that rank and year).

UNIVERSITY SUPPORTED AND ENDORSED NON-CREDIT INSTRUCTIONAL PRODUCTS
Noncredit instructional products enhance the goals and objectives of the University, and may be conducted on- or off-campus as part of the University’s outreach service program. Noncredit programs may offer Continuing Education Units (CEU’s). Instructors/coordinators of these programs must complete the Noncredit Instructional Program Proposal (OCE Form # 025) in order to initiate the reporting process. A content outline or syllabus and a program evaluation instrument must accompany the noncredit proposal. The noncredit program instructor must provide the OCE with an authenticated list of successful participants before CEU certificates can be issued. The OCE is the only office that may approve the awarding of CEU’s for a University supported offering.

Supported Noncredit Programs
University-Supported Noncredit Instructional Programs are conducted on- or off-campus as a part of the University’s instructional or public service programs. These programs are assigned a continuing education account number from the Accounting and Reporting Operations Office, and remuneration is determined by participant fees and paid from the specific account number. The sponsoring department is responsible for account shortfalls or excess revenues. Please refer to the OCE Service Delivery Manual for specific information on the request and reporting process for university-supported noncredit instructional programs.

The following is the noncredit instructional program approval routing process:

Program Sponsor
Coordinator: Noncredit and Outreach Programs
Director: Office of Continuing Education (for review)
Department Heads of Academic Units
Deans of Academic Colleges
Accounting & Reporting Operations (University Supported Only)
Director of Special Events (if applicable)
Director: Office of Continuing Education (final approval)
Endorsed Noncredit Programs

University-Endorsed Noncredit Instructional Programs are those which enhance the goals and objectives of the University but for which the University assumes no financial or other responsibilities. Most summer sports camps qualify as university-endorsed Instructional Programs. Remuneration for endorsed non-credit programs is not paid from any account since there is no employee/employer relationship. The name James Madison University may be used only in the title as the location of the program. State funds may not be used for developing or advertising university-endorsed programs. Please refer to the OCE Service Delivery Manual for specific information on the request and reporting process for university-endorsed noncredit instructional programs.

SPECIAL STUDENTS
Other University supported public service programs include the non-degree special student program that allows a student not enrolled in a degree-seeking capacity to enroll in credit courses, as long as the student meets specified criteria. Criteria are described in more detail in the OCE Service Delivery Manual.

A student enrolled for credit courses who is not presently seeking a degree is classified as a special student. These special students may register for classes but are not admitted to any undergraduate program or to the Graduate School. This classification applies to students who enroll for day and/or evening classes, on or off campus. Individuals wishing to take courses as a special student must complete the Special Student Application Form (OCE Form # 003 or 008). An application fee must be submitted with appropriate supporting documentation each semester the student wishes to take classes as a special student.

Special Students by definition have not been admitted to a degree program at James Madison University. The taking of courses as a special student does not imply later applicability of these courses toward a program, or imply preferential regular admission consideration. Special students who subsequently seek admission to work toward a degree, will have courses taken in "special" status evaluated to determine their applicability toward the degree sought. Non-degree undergraduate students may only take up to 24 credit hours while enrolled in special status. BIS special students are allowed to take up to 30 credit hours in special status.

An individual who has been academically dismissed from any institution because of low academic standing or who has been denied regular degree-seeking admission to JMU must wait for a period of at least one calendar year before enrolling as a special student. Also to qualify as an adult special student there must be an interruption of at least two years in the student's formal education.

Special students must qualify for one of the following categories (Please refer to the OCE Service Delivery Manual for specific descriptions):

Adult special
BIS special
High school special
International special
Post-baccalaureate special
Post-masters special
Senior citizen special
Special audit special
Term special
Transient special



Approved May 1, 1998 by Linwood H. Rose, President





1402 Faculty-Staff Waiver of Tuition Program for Non Degree-Seeking Course Work at JMU

1. PURPOSE

The purpose of this policy is to outline the university's tuition waiver program for non-degree seeking coursework at JMU in support of the university's commitment to employee development and fulfillment.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Non-Degree Seeking Coursework
An individual applying for tuition waiver through this policy is considered non-degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 12 or fewer. In short, a faculty or staff member taking credit hours 1 through 12 at JMU is considered non degree-seeking.

Degree Seeking Coursework
An individual applying for tuition waiver is considered degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 13 or more. In short, a faculty or staff member taking credit hours 13 and up at JMU is considered degree-seeking. Degree-seeking tuition waiver applications are addressed in Policy 1405 and are not considered in this policy.

4. APPLICABILITY

Except where noted, this policy applies to full time employees, wage or part-time employees, and emeritus faculty and staff.

ROTC employees may enroll in credit courses pursuant to this policy.

Clinical faculty members and Cooperative Education Partners in the teacher education program who have earned 300 tuition exchange units may use the vouchers earned to enroll in any 3 hour credit course at JMU, except for courses with an "OP" section, where space is available with approval from the Education Support Center.

5. POLICY

In support of James Madison University's commitment to the continued professional and personal development of employees, full and part-time faculty and staff, non-student wage employees and emeritus faculty and staff may enroll in James Madison University credit courses of instruction and have normal tuition or tuition deposit fees waived within the terms of this policy.

The taxability or non-taxability of tuition waivers for employees is based on the Internal Revenue Code and is subject to change.

5.1 Eligibility

The following eligibility restrictions and guidelines apply:

5.1.1 New full-time instructional faculty members and administrative & professional faculty members are eligible to apply for non-degree-seeking tuition waiver upon employment.

5.1.2 New full-time classified employees are eligible to apply for non-degree-seeking tuition waiver for courses that begin after the day of their six-month anniversary of employment as long as they receive a rating of 'Contributor' on their six-month Probationary Progress Review.

5.1.3 Emeritus faculty and staff are eligible to apply for non-degree-seeking tuition waiver upon being granted the emeritus designation.

5.1.4 Full-time faculty members who are not under a summer teaching contract are eligible to apply for non-degree-seeking tuition waiver for courses taken during the summer semester(s) upon the approval of their supervisor and dean in the form of signatures on the tuition waiver form.

5.1.5 Part-time faculty members are eligible to apply for non-degree-seeking tuition waiver for courses taken in any semester in which they have an active teaching assignment or in any semester that begins within six months following the last day of their last active teaching assignment. However, part-time faculty must have the signatures of both their supervisor and dean on the tuition waiver form whenever applying for tuition waiver.

5.1.6 Non-student wage employees are eligible for a non-degree-seeking tuition waiver after 1000 hours of employment and may apply for another tuition waiver after each subsequent 1000 hours. However, a wage employee's eligibility for waiver is not cumulative. Once a waiver is issued, eligibility will not exist again until the employee has worked another 1000 hours. (See exceptions below.)

(Example: A wage employee has worked 2425 hours since becoming employed or since the issuance of a previous tuition waiver. The employee is eligible for waiver. However, once a waiver is issued, the 2425 hours are 'zeroed out' and the wage employee must work an additional 1000 hours to be eligible for a subsequent waiver and then another 1000 hours to be eligible for another waiver, etc.)

5.1.7 Non-student wage employees, who have been continuously employed for at least two (2) years and who have worked at least 2000 hours over the course of the previous two (2) years, are eligible to have tuition waived for two courses and two labs per calendar year (one course and one lab per semester) each calendar year beginning with the semester after the two-year anniversary is reached.

5.1.8 Non-student wage employees, who are nine-month employees, (the job mandates a break in employment) are eligible for a waiver for two courses and two labs per calendar year (one course and one lab per semester) after their two-year anniversary. To be eligible they must have worked at least 2000 hours over the course of the previous two years. They are only eligible for a waiver of tuition for courses taken during the time they are actively working.

5.1.9 Employees classified as 'part-time non-teaching' are eligible to apply for non-degree-seeking tuition waiver for one class and one lab in any semester in which they are employed by the university. Typically, these employees are research assistants, computer lab assistants, etc.

5.1.10 Part-time administrative & professional faculty members are eligible for a waiver for two courses and two labs per calendar year in any semester in which they are employed by the university.

5.2 Limitations:

5.2.1 Applicants who are full time faculty or staff or emeritus faculty or staff may have tuition waived for up to two courses and one lab each semester and per summer.

5.2.2 Applicants who are part-time instructional faculty or part-time administrative & professional faculty may have tuition waived for up to one course and one lab each semester and per summer.

5.1.1 Employees enrolled in the iMBA program are allowed the following waiver limitations:

5.1.1.1 Tuition waived for two courses in quarters 1 and 3

5.1.1.2 Tuition waived for one course in each of quarters 2 and 4

5.2.3 Waiver of tuition is not authorized for private vocal or instrumental instruction or for non-credit courses.

5.2.4 Approval to register for a course and receive waiver of tuition is not authorized for courses offered during normal working hours except when the signing authorities have determined that the following criteria are met:

  • The course relates directly to the individual's assigned duties or is required for a degree-seeking student.

and

  • Absence from work to attend classes does not exceed a total of four working hours per week regardless of whether one or two classes are taken per semester.

Note about summer classes: Courses taken in May session and in the summer are generally longer in duration than courses in other semesters. Employees may request an exception to the above requirement from their supervisor. If approved by the supervisor, this exception must be noted on the tuition waiver form.

Note about leaves of absences: Occasionally, a course may require an extended leave of absence. This applies to such courses as practicums or internships. Tuition may be waived for such courses with the supervisor's and Dean/AVP approval of the leave of absence and if the employee returns to work following the completion of the course.

5.2.5 Courses taken for personal development and not related to an individual's assigned duties or the needs of the university should be taken outside of normal working hours. Exceptions may be granted at the supervisor's discretion provided an employee makes up missed work time or uses leave time.

5.2.6 Application for non-degree-seeking tuition waiver must be carefully reviewed and signed by the employee, his or her supervisor and the reviewer (normally the supervisor's supervisor). Emeritus faculty and staff who are not employed by the university must have their application for tuition waiver signed by a representative of the Provost.

5.2.7 Non-student wage employees, who are eligible for two courses and two labs per calendar year, must have the signature of their AVP or Dean on each Request for Waiver of Tuition as one of the three required signatures.

5.2.8 An employee who resigns from employment or is terminated for cause during the period in which a course is being taken will be responsible for the full payment of all tuition and associated fees, regardless of whether a tuition waiver has been approved for the course.

5.2.9 This waiver does not apply to individual courses offered thru Outreach and Engagement or other self-supporting programs, except as provided by university policy. Waivers can be used for employees who are fully accepted into the Adult Degree Program. Waivers can also be used for employees who are fully accepted into a Certificate Program or a Degree Program if space is available and with approval from Outreach and Engagement.

5.3 IMPORTANT NOTE ABOUT ONLINE COURSES

The Board of Visitors has approved a special tuition rate for online courses.

If the online course could be taken in a standard classroom setting (at the regular tuition rate)

or

If the online course is not required for a particular degree program and not required by the supervisor the amount of tuition waived will not exceed the standard in-state per credit hour tuition rate.

Examples:

  • An employee taking an online course that the employee has the option of taking in a classroom setting (at the standard tuition rate) will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is not a required element of the particular degree program will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is only offered online and is required for the completion of the degree will have full tuition waiver.
  • An employee taking an online course that has been required by his or her supervisor will have full tuition waiver for that course.

6. PROCEDURES

Persons seeking a waiver of tuition for courses taken under this policy will:

1. Prepare the Waiver of Tuition Form

2. Non-degree seeking employees are classified as Special Students and must process a Special Student Application Form (located in the Schedule of Classes). The Special Student Application Form should be attached to the Waiver of Tuition Form.

3. Human Resources will affirm that the employee qualifies for tuition waiver and will then forward the processed Waiver of Tuition Form to the University Business Office for final processing and approval of the waiver to be applied to employee account. Tuition waivers will only be processed after the university's semester census date. Employees receiving a balance due bill after submitting a tuition waiver will have their accounts adjusted by the amount of the tuition waiver for which they qualify.

4. Employees will be emailed a copy of waiver processed by HR to retain for their records.

5. Early processing of the Waiver of Tuition Form is strongly encouraged.

6. Taxable waivers are subject to state and federal withholding and social security and Medicare taxes and are based on the employee's taxable income. At the end of each semester, the University Business Office will provide Payroll Services a listing of employees that have received more than $5,250.00 (the amount generally exempt from taxation under Internal Revenue Code Section 127). Payroll Services will collect the appropriate taxes from each employee at the end of the semester in which the employee exceeds the exempt limit for non-job related tuition waivers. Employee's W-2 will include taxable waivers.

7. RESPONSIBILITIES

It is the responsibility of the employee and his/her supervisor to ensure that the requirements of the policy have been followed.

It is the responsibility of the employee to know and understand this policy regarding online courses. In the event that the employee is requesting tuition waiver for a course that does not qualify for full waiver under this policy, the employee will be responsible for payment of the balance of the tuition not waived.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to nor address classes or courses taken at an institution other than James Madison University. For information about such courses, see policy 1401 - Tuition Reimbursement.

Employees of 'affiliates' such as Aramark, Follett or Pitney Bowes are not eligible for tuition waiver.

Application fees, special course or departmental fees, and readmission fees are to be paid by the employee.

Under this policy, employees may not enroll in any class section if they displace regularly enrolled students. Class sizes will not be increased to allow for the enrollment of employees under this policy.

Former wage employees who are hired into full-time classified positions may waive the requirement in section 5.1 that calls for full-time classified employees to serve a six-month probationary period before having tuition waived as long as the wage employee worked at least 1000 hours in the 12 months prior to becoming a full-time classified employee.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: December, 2009
Approved by the President: February, 2008

Index of Terms
Tuition
Tuition waiver

1110 Alcohol and Other Drugs

1. PURPOSE

To comply with relevant laws related to the abuse of alcohol and controlled substances and help provide for a healthy and safe university community for employees, students, the local community and campus visitors. In addition, it is the intent of the university to offer support and possible solutions to employees who are struggling with alcohol or other drug-related problems.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

In addition to the Drug-Free Workplace Act of 1988 (US Code Title 41, Chapter 10, Section 701), and the Department of Human Resources Management’s Policy 1.05-Alcohol and Other Drugs, the university, as an institution of higher education receiving federal funds, must comply with the requirements of federal regulations concerning drug and alcohol abuse prevention. See US Code Title 20, Chapter 28, Subchapter 1, Part B, Section 1011i. The law requires that, as a condition of receiving funds or any other form of financial assistance under any federal program, including participation in any federally funded or guaranteed student loan program, an institution of higher education must certify that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes: The annual communication to each student and employee of:

  • Standards of Conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on the institution's property or as part of any of the institution's activities;
  • a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
  • a description of the health-risks associated with the use of illicit drugs and the abuse of alcohol;
  • a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and
  • a clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct ; and

A biennial review by the institution of the institution's program to:

  • determine the program's effectiveness and implement changes to the program if the changes are needed; and
  • ensure that the required sanctions mentioned above are consistently enforced.

3. DEFINITIONS

Alcohol
Any product defined as such in the Alcoholic Beverage Control Act section 4.1-100 of the Code of Virginia, as amended.

Conviction
A finding of guilt (including a plea of guilty or a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility of determining violations of the federal or state criminal drug laws, alcohol beverage control laws, or laws which govern driving while intoxicated.

Controlled Substance
Any substance as defined in the Drug Control Act 54.1-3400 of the Code of Virginia, as amended, and whose manufacture, distribution, dispensation, use, or possession is controlled by law.

Criminal Drug Law
Any criminal law governing the manufacture, distribution, dispensation, use, or possession of any controlled substance.

Other Drug
Any substance, other than alcohol, that may be taken into the body and may impair mental faculties and/or physical performance.

Supervisor
The individual who is responsible for coordinating activities within an employee's workplace and managing an employee’s performance.

University Employee
All employees of the university, whether classified or non-classified, full-time or part-time salaried or hourly, and includes all instructional and administrative & professional faculty.

Workplace
Any university-owned or leased property, or any site where university employees are performing official duties.

4. APPLICABILITY

This policy is applicable to all employees of the university.

5. POLICY

The following acts by university employees are prohibited under this policy:

  • the unlawful or unauthorized manufacture, distribution, dispensation, possession, or use of alcohol or other drugs in the workplace; 
  • impairment in the workplace from the use of alcohol or other drugs;
  • failure to report an arrest for any offense related to criminal drug laws or alcoholic beverage control laws or laws that govern driving while intoxicated, based on conduct occurring on or off the workplace to your supervisor or designee within 72 hours of an arrest; 
  • The criminal conviction for a(n):
    • violation of any criminal drug law, based on conduct occurring either on or off the workplace; or
    • violation of any alcoholic beverage control law, or law that governs driving while intoxicated, based on conduct occurring either on or off the workplace; or
    • employee’s failure to report, within five calendar days, the conviction for any offense described above to his or her supervisor.

6. PROCEDURES

6.1 Testing Conditions

Employees will be designated for alcohol and/or drug testing under the condition of reasonable suspicion. 

  • Reasonable Suspicion: Employees will be tested whenever the individual's behavior or appearance causes the supervisor to question the employee's ability to perform his/her duties safely. The elements of the constructive confrontation by a supervisor are to identify and confront the individual, to confirm the behavior/appearance/odor/speech, and to document the incident by completing the Behavior/Incident Documentation Form. If possible, the confrontation should be made in person by the supervisor, with a witness to the event. 

A refusal to participate in the test(s), the discovery of an adulterated specimen or the tampering of the sample will be considered commission of a prohibited act and shall be subject to the full range of disciplinary actions pursuant to applicable disciplinary policies, up to and including, termination.

6.2 Health Risks

See Appendix D

6.3 Rehabilitation Programs

University employees with problems related to the use of alcohol or other drugs are encouraged to seek counseling or other treatment assistance.

Supervisors are encouraged to assist employees seeking counseling. They should consult Human Resources and/or the Employee Assistance Program for managing treatment of behavioral health and substance abuse conditions. 

  • The Employee Assistance Program covers medically necessary behavioral health services under all insurance plans.
  • Eligible services must be pre-authorized.
  • Referral from a Primary Care Physician is not necessary.
  • Not all programs are licensed, accredited or covered under employees' health coverage. * Other state agencies offering assistance and referral information are the Department of Behavioral Health and Developmental Services, the Department of Health, the Department of Rehabilitative Services, and /or Virginia Office for Protection and Advocacy.

With the approval of the appropriate vice president or designee, university employees may be granted leave of absence (leave without pay if no leave balances are available) from work to participate in rehabilitation programs for treatment of alcohol and/or other drug problems. Information regarding an employee's enrollment in an Employee Assistance Program or an alcohol and/or other drug rehabilitation program shall only be disclosed with the employee's permission or when the university determines that disclosure is necessary for the efficient operation of the university.

6.4 Confidentiality and Maintenance of Records

All records and information concerning personnel actions that are related to this policy shall remain confidential and only be disclosed with the employee's permission or when the university determines that disclosure is necessary for the efficient operation of the university.

7. RESPONSIBILITIES

7.1 Employee Responsibilities

All employees shall abide by the terms of the university's policy on Alcohol and Other Drugs and applicable disciplinary policies. Employees who are arrested for violating a criminal drug law, an alcoholic beverage control law or law that governs driving while intoxicated, based on conduct occurring on or off the workplace, must notify their supervisors or a designee within 72 hours after such arrest.

Employees who are convicted of violating a criminal drug law, an alcohol beverage control law or law that governs driving while intoxicated, based on conduct occurring on or off the workplace, must notify their supervisors of such conviction. Such notification must be in writing and must be made no later than five calendar days after such conviction. Appealing the conviction does not affect the requirement to notify the supervisor of the conviction.

7.2 University/Supervisor Responsibilities

7.2.1 The Drug-Free Workplace Act of 1988 requires management to disseminate supplemental information related to federal trafficking penalties and controlled substances. See Appendix B.

7.2.2 The university must provide a copy of this policy upon employment to all employees.

    • Employees shall be required to sign a form indicating receipt of the policy.
    • A copy of the policy shall be available to all employees. 

7.2.3 The university is dedicated to assuring fair and equitable application of this policy. Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner.

University representatives shall be responsible for training supervisors on: how to recognize behaviors that may indicate impairment from alcohol or drug use; appropriate referral techniques; and available resources for drug and alcohol rehabilitation.

7.2.4 The university shall inform, on an ongoing basis, all employees of:

    • dangers of alcohol and other drug use or abuse in the workplace;
    • available alcohol and other drug counseling;
    • available approved rehabilitation and employee assistance programs, and
    • penalties that may be imposed upon employees for the commission of prohibited acts.

7.2.5 The university shall inform the federal contracting or granting agency within 10 calendar days after receiving notice that an employee covered under the federal Drug-Free Workplace Act has been convicted of a criminal drug law violation occurring in the workplace.

7.2.6 The supervisor shall, within 30 calendar days of receiving notice of any employee's criminal conviction, or any other violation of this policy, take appropriate disciplinary action against such employee and/or require such employee to participate satisfactorily in an alcohol or other drug rehabilitation program. Satisfactory participation shall be determined by the university after:

    • presentation of adequate documentation by the employee (it is within the university's discretion to determine what documentation it will require); and/or 
    • consultation with the Employee Assistance Program (EAP) or any rehabilitation program (provided that, if consultation is to be with a program that treated the employee, the prior consent of the employee must be obtained).

7.2.7 The university will require contractors working on university worksites to certify that they will comply with Section 5 of this policy. 

8 SANCTIONS

(Appendices A, B, and C provide considerable details concerning sanctions related to this policy by listing federal, state and university sanctions possible in a violation.)

Any employee who commits any prohibited act shall be subject to the full range of disciplinary actions pursuant to applicable disciplinary policies, up to and including, termination, e.g., the Standards of Conduct and Performance policy. See Appendix A. The severity of the disciplinary action chosen must be decided on a case-by-case basis depending on the circumstances of each case. Among the mitigating circumstances that may be considered is whether the employee voluntarily admits to and seeks assistance for an alcohol or other drug problem.

Any supervisor who disregards the requirements of this policy, or who is found to have deliberately misused this policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.

9 EXCLUSIONS

Affiliates, emeriti and unpaid members of the university community are not covered by this policy but the university reserves the right to revoke associated privileges or access as deemed necessary by the appropriate vice president.

10 INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: March 2012
Approved by the President: March 2012

Appendices

Appendix A
Appendix B
Appendix C
Appendix D

1315 Notification Regarding Death

1. PURPOSE

This policy provides for the proper notification to the university community regarding the death of a member of the university community. It will facilitate an appropriate response and record the information in university databases.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Member of the University Community:
For the purposes of this policy, a faculty member, staff member, student, alumnus, parent, donor, or other individual affiliated with the university.

4. APPLICABILITY

This policy applies to all members of the university community.

5. POLICY

The university wishes to respond appropriately when it is notified of the death of a member of the university community. When a vice president or executive assistant to the president is notified that a member of the James Madison University community has died, the university will follow a specific set of procedures for the appropriate response.

6. PROCEDURES

A member of the university community who learns of the death of a faculty member, staff member, current student, alumnus, parent, donor, or other individual affiliated with the university should notify the following office according to the connection between the university and the decedent:

  • Current or former faculty member: Provost and Senior Vice President for Academic Affairs
  • Current student: Senior Vice President for Student Affairs and University Planning
  • Current or former staff member: Appropriate senior vice president, vice president or the executive assistant to the president
  • Current or former parent, donor, alumnus/a, former student or other external affiliation: Vice President for University Advancement

The vice president or executive assistant to the president will verify the information, as appropriate. Notification will be forwarded to the president's office, Public Affairs, and the other vice presidents and the executive assistant to the president. Each vice president shall be responsible for notifying areas within their division that need to have this information to maintain the accuracy of the university's internal records:

  • Current Students: University Registrar; Dean of Students; Academic Unit Head; Academic Adviser; Current Instructors
  • Current Faculty or Staff: Human Resources; Office of Advancement-Gifts & Records; College Dean, if appropriate
  • Parent, donor, alumnus/a or other external affiliation: Office of Advancement-Gifts & Records
  • Former students (non-graduate): Dean of Students; Office of Advancement Gifts & Records

To facilitate the university's response to the death, the respective vice president will coordinate with the President's Office and communicate with units and departments, as appropriate, for attendance at the funeral or memorial service, correspondence with the family, contribution/donation (i.e., a memorial or scholarship fund), or floral arrangement. The respective vice president or executive assistant to the president may also be involved in the coordination of a campus memorial service based on request from members of the student community. Individual divisions, departments and offices will coordinate their individual responses and participation as appropriate and will follow university policies.

7. RESPONSIBILITIES

It is the responsibility of all members of the university community to notify the appropriate persons as soon as possible in the event of the death of a member of the university community.

It is the responsibility of the appropriate vice president or executive assistant to the president to coordinate the university's response with the President's Office and to notify the Office of Public Affairs.

It is the responsibility of individual units or departments to contact the office of the appropriate person before responding to the news of the death.

8. SANCTIONS

None

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Executive Assistant to the President.

Previous version: November, 2011
Approved by the President: August, 2003

Index of Terms

Death

1103 Responding to External Requests for Information

1. PURPOSE

This policy provides guidelines for responding to questionnaires, survey forms, and other requests for information and data from external sources.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATIONS

The university is constrained by federal and state laws - such as the Virginia Freedom of Information Act (FOIA) and the Government Data Collection and Dissemination Practices Act --Section 2.2-3700 and 2.2-3800 respectively of the Code of Virginia-- and the Federal Educational Rights and Privacy Act (FERPA) - Title 20, Section 1232g of the United States Code - concerning the access to its records by external sources. Within those laws, the university is given authority to make policies concerning the methods by which responses to requests will be processed.

3. DEFINITIONS

Confidential:

Information that is defined by law as confidential, such as student educational records, medical records, police records, legal records, and personnel records, among others.

Published Data:
Information published each year by the Office of Institutional Research.

4. APPLICABILITY

This policy applies to all university employees. All records and all university information are covered under this policy unless specifically excluded.

5. POLICY

University offices and employees receiving requests for published data and other information from individuals, agencies, groups, or other sources outside of the university shall use these procedures in responding to such requests.

6. PROCEDURES

Requests for information about the university should be sent to the Senior Director of Communications. Specifically, university offices and employees receiving requests for information from the news media must contact the The Office of University Communications, which will coordinate the response. No office will release information requested under a FOIA request unless authorized to do so by the Senior Director of Communications. Other requests can be handled as outlined below:

Responses to questionnaires and surveys that require the provision of data that has not been published and must be compiled will be coordinated through the Office of Institutional Research. The University Statistical Summary [http://www.jmu.edu/instresrch/statsum.shtml] published each year by the Office of Institutional Research contains official University data. University employees receiving such requests must use this publication as a primary source of information for completing questionnaires and surveys before sending them to the Office of Institutional Research for review. (See Section 9, Exclusions)

Student educational records (non-directory information) generally cannot be released without the consent of the student under the terms of FERPA. See Policy 2112. Offices and employees receiving a request for student educational information must contact the Registrar's Office, which will coordinate the response to all such requests.

Employee personnel information generally cannot be released to the public without the consent of the employee. Offices and employees receiving a request for personnel information must contact the Human Resources Office, which will coordinate all such requests. See JMU Policy 1316 for more information on the release of information from employee records and Policy 1320 for information on giving reference information.

The university will not release information on matters under litigation. Under this policy, the university will not release information about the university, its officers, faculty members, employees, or members of the Board of Visitors who are defendants within their official university capacity without the approval of the Office of the Virginia Attorney General or other legal representative designated by that office. Responses to requests for such information will be coordinated through the University Counsel and the The Office of University Communications.

Should there be any doubt regarding the propriety of releasing information pursuant to a request pertaining to university statistical data, it should be referred to the Office of Institutional Research. For questions concerning the propriety of releasing any other information, offices and employees should contact the Senior Director of Communications for guidance.

Procedures on making a request from the University through the Freedom of Information Act are contained at http://www.jmu.edu/visitors/about/foia.shtml.

7. RESPONSIBILITIES

The Office of University Communications holds primary responsibility for responding to external requests for university information of a general nature. It is also responsible for coordinating fulfillment of and advising respondents to external requests for university information using the following guidelines:

The Office of University Communications is responsible for coordinating the university's response to requests from the media and FOIA requests, including reviewing the eligibility of the requester to receive such information, reviewing the requests to avoid the inadvertent release of confidential information, and either transmitting the response or advising the recipient of the request on the appropriate response. This office is also responsible for coordinating with the University Counsel's Office concerning requests for information concerning matters in litigation.

The Office of Institutional Research is responsible for coordinating the university's response to questionnaires, survey forms, and other data requests, including reviewing completed responses to data requests for accuracy, appropriateness, and to ensure consistency with the official position of the university, determining whether the information is appropriate to release, and either transmitting the response or advising the recipient of the request on the appropriate response. Such requests that have a broad public interest may be prepared and released by The Office of University Communications.

The Registrar's Office is responsible for coordinating the university's response to requests for student educational records, including reviewing the information to determine if it meets the definition of an educational record, notifying the affected students of such requests, reviewing any permission given by a student to release such information, and either transmitting the response or advising the recipient of the request on the appropriate response.

The Human Resources Department is responsible for coordinating the university's response to requests for employee records, including reviewing the information to determine if it is confidential, reviewing any permission given by an employee to release such information, and either transmitting the response or advising the recipient of the request on the appropriate response.

The Office of Procurement Services is responsible for coordinating the university's response to requests for information concerning university purchases and procurement contracts.

University Counsel is responsible for coordinating the university's response to requests for information concerning any matter in litigation and for advice concerning responses to subpoenas, in coordination with the Office of the Virginia Attorney General and the Senior Director of Communications

The Division of University Advancement is responsible for coordinating the university's response to requests dealing with alumni and donor records.

All university offices and employees are responsible for forwarding requests for information to the appropriate office for review and response or advice in responding to the request.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

If a request for information can be answered in its entirety from the Statistical Summary, the Undergraduate or Graduate Catalog, or other university publication, it need not be coordinated as described in this policy.

Offices and employees who are responsible for regularly supplying the public with information pursuant to inquiries or requests need only use these procedures if the information is not usually communicated through that office or employee, or if the office or employee is unsure of the propriety of releasing the information. Offices and employees are required to comply with state and federal law.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Senior Director of Communications.

Previous Version: February, 2011
Approved by the President: February, 2009

Index Terms

Freedom of Information Act (FOIA)
Student Records
Educational Records
Information Requests
Data Requests
FERPA
3104 Use of Bulletin Boards & Posting Public Notices

1. PURPOSE

The purpose of this policy is to outline the proper guidelines and procedures for posting information on campus related to ongoing campus activities, events, and notices of interest.

2. AUTHORITY

The President has given the Senior Vice President for Student Affairs & University Planning the responsibility and the authority to ensure that bulletin boards & posted public notices are appropriately used for the benefit of the university community.

3. DEFINITIONS

Banner Space:
Space for a long sign on paper or cloth (typically 8'x 3') to advertise events.

General Purpose Bulletin Board:
Designated corkboards to display approved posters/flyers.

Designated Space:
Approved areas for posters/flyers.

Display Cases:
Glass cases located in Taylor Hall.

Festival:
Festival Conference & Student Center

Posting:
Placement of flyers to promote event(s) and other approved activities.

Publicizing events:
Ways to inform campus community of events and activities.

Taylor Down Under:
Area located on first floor of Taylor Hall.

Undesignated Space:
Areas not designated (i.e. departmental use only) for public postings.

4. APPLICABILITY

This policy applies to all employees, students, and constituents of the university who make use of these information resources.

5. POLICY

All information and/or announcements must be approved by JMU Event Management and comply with the information standards outlined in the procedures listed below prior to posting.

It is not the intent of this policy to censor or otherwise control the content of notices or other materials to be posted. However, it is recommended that such materials be in good taste and comply with all standards of conduct set forth in the student handbook. For additional publicity options at JMU go to the JMU Event Planning website http://www.jmu.edu/events.

6. PROCEDURES

6.1 Posting by University Departments/Student Organizations/Students/Employees:

All materials for posting must be approved and stamped with a removal date at an information desk in Warren Hall, Taylor Down Under or the Festival.

A JMU student, faculty or staff member, or student organization must sponsor all posters and flyers. The name of the JMU contact person must appear on the poster. A name is not necessary if an academic office or department sponsors the poster or flyer.

Posters/flyers without a specific event date will be stamped for two weeks.

A limit of 100 posters/flyers will be stamped per event, regardless of different poster styles. One poster/flyer per event may be posted per general purpose bulletin board.

6.1.1 General Purpose Bulletin Boards in University Unions:

All materials for posting must be approved and stamped at an information desk in Warren Hall, Taylor Down Under or the Festival and follow the procedures outlined above.

6.1.2 General Purpose Bulletin Boards in Other Areas of Campus (i.e. Academic buildings, Athletic facilities, etc.)

6.1.2a In academic buildings, resident faculty and staff are permitted to post materials of the types approved by Academic Unit Heads because they are relevant to academics, advising or academic unit policies. Posting in these buildings by other individuals requires approval as specified in 6.1.2b

6.1.2b All materials for posting in other areas of campus (not already identified above) must be approved and stamped at an information desk in Warren Hall, Taylor Down Under or the Festival and follow the procedures outlined above. Information regarding specific posting locations and requirements for these facilities may be obtained from the building coordinator for that facility.

6.1.3 Taylor Down Under and Dining Facilities Table Tents: Table tents in Taylor Down Under may be reserved through the Madison Union scheduling office for a one week period of time to promote upcoming events. Each organization is responsible for designing and providing up to 40 copies of their table tents for distribution.

6.1.3a Table tents in dining facilities can be requested by submitting a Table Tent Advertising Form through JMU Dining Services. Table tents go onto tables Sunday evenings and stay until the following Sunday evening. Paperwork must be submitted by 4pm on the Tuesday before the Sunday the tents will go on the tables.

6.1.4 Residence Hall Posting Information:

Residence Halls: Posters/flyers may be posted in approved locations in residence halls by contacting the hall director or resident advisers between 8:00 p.m. and midnight prior to posting. The hall staff will indicate the public posting area for the building. Signs or decorations may be placed in windows of student residences only with the permission of the hall director.

6.1.5 Additional/Special Signage:
Persons responsible for conferences, conventions, workshops or other activities sponsored by the university may request outdoor signs for identification or direction by contacting Facilities Management.

6.1.6 Display Cases:
Display cases are located in Madison Union on the second floor of Taylor Hall and may be reserved through the Madison Union scheduling office. Details concerning size and process for reserving may be obtained at the JMU Event Planning website http://www.jmu.edu/events.

6.1.7 Banner Spaces:

There are banner spaces located in Warren Hall, Taylor Down Under and the Festival as well as outdoor banner space available on the grassy hill of the Commons and the Festival Lawn/Amphitheatre. Details concerning sizes and the process for reserving may be obtained at the JMU Event Planning website http://www.jmu.edu/events.

6.1.8 Brochure Racks:
Brochure racks are available on the second floor of Warren Hall and at the Festival for use by JMU departments and student organizations and non-university businesses and organizations. All brochures must be approved by an information desk supervisor for placement in the racks.

6.1.9 Chalking:There are five designated outdoor areas on campus which can be used for "chalking" to advertise an event: the Commons, Festival , Godwin, ISAT/CS and Showker. Space must be reserved with the scheduling authority for each area as listed on the JMU Event Planning website http://www.jmu.edu/events . Organizations may reserve blocks of three days per area. Chalking areas may be booked with back to back reservations and chalk from a previous reservation may still be in place. The reserving office is not responsible for clearing the previous chalking. Chalking is NOT allowed anywhere other than outdoor sidewalks and steps.

6.2 Posting by Non-university Organizations:
In addition to the procedures outlined above, these specific procedures apply to non-university organizations desiring to post flyers, posters, banners or to distribute materials or literature.

All non-university organizations must conform to the laws of the Commonwealth of Virginia.

The university reserves the right to assign non-university organization flyers/posters or brochures to specific locations.

At no time shall JMU grant or deny authorization of distribution or posting of information based on its content, unless such distribution or posting is commercially motivated. However, the distribution or posting of said material shall be subject to reasonable time, place, and legal restrictions.

Only a limited amount of space is available to non-university organizations. Space will be allocated on a first-come, first-served basis and priority will be given to activities conducted by students, faculty, or staff (alone or in conjunction with non-university organizations) over those conducted solely by non-university organizations.

These posting regulations may not apply to non-university activities in special campus-sponsored events, as determined by the university, which occur from time-to-time on campus. However, these events have their own regulations that apply to non-university organizations.

All non-university posters, flyers, or brochures must be approved by JMU Event Management prior to posting.

6.3 Solicitation:

University facilities may not be used for solicitation of faculty, staff, or students by private enterprise for profit organizations, except for solicitations for instructional materials as permitted by the Student Handbook. This includes solicitation by individual contact, free advertising on campus through flyers, posters, or similar materials, and profit-oriented activities not officially sanctioned by the university.

6.4 Specific Prohibitions:
In order to maintain the natural beauty of the campus and preclude a cluttered appearance of the buildings, the following actions are specifically prohibited:

Posters, notices, announcements, or other materials will not be attached to indoor walls, windows, doors, porches, walks, light fixtures, stairways, the outside of buildings, trees, trash receptacles, shrubs, utility poles, or other non-designated areas on campus.

Posters or announcements with dimensions exceeding 11x17 inches will not be approved for posting on bulletin boards.

Flyers or notices may not be placed in or attached to automobiles on campus.

Advertising the sale of alcoholic beverages, or any phrase or symbol that would lead the reader to believe that alcohol will be served or consumed is prohibited.

Using duct tape, staples, pins, nails, etc. in non-standard posting locations is prohibited and may result in damage billing.

Chalking of buildings is prohibited.

7. RESPONSIBILITIES

User Responsibilities

It is the responsibility of the student organization, department, or other university organization to:

  • Take material to be posted to a university information desk in Warren Hall, Taylor Down Under or the Festival to have it approved and stamped with a removal date.
  • Post the stamped material on "general purpose" bulletin boards in assigned areas.
  • Include the name of the JMU contact person or department name sponsoring the notice or event on the poster or notice.

Owners of banners are responsible for the placement and removal of banners in accordance with the banner posting procedures outlined above. JMU Event Management will not be responsible for banners left beyond the reservation period or for theft or damage to banners displayed.

JMU Event Management will not be responsible for items left in the display cases beyond the reservation period or for theft or damage to items displayed in the cases.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or judicial referral.

In addition, student organizations or departments may risk the loss of financing or official recognition.

9. EXCLUSIONS

Organizations whose recognition has been withdrawn by the university will not be allowed posting privileges, access to display cases, or any other form of facility usage.

Posters and displays associated with a scheduled event in the University Unions facilities may be placed in non-standard areas for up to 24 hours with approval from Madison Union Operations or Festival Operations. The posters must meet all regulations in this policy and must be removed immediately following the conclusion of the event.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Senior Vice President for Student Affairs & University Planning.

Previous version: January 2010
Approved by the President: May 2002

Index of Terms

Bulletin boards
Display cases
Posting
Publicizing events
Publicity
Banners

1331 Disabilities & Reasonable Accommodations

1. PURPOSE

This policy sets forth provisions for the university's compliance with relevant legislation and policy and establishes the university's intent that qualified persons with disabilities be provided with reasonable accommodation to ensure equal access and equal opportunities with regard to the university's programs and services. This policy is intended to provide a method by which the university will process requests for disability accommodations.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 223-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The Americans with Disabilities Act as modified by the ADA Amendments Act of 2008 (42 U.S.C. § 12,101 et seq.), and Section 504 of the Rehabilitation Act (29 U.S.C. §791, et seq.) prohibit discrimination against a person with a disability in the offer or conditions of employment, and in the participation or furnishing of services. The university is obliged to provide reasonable accommodations to enable qualified individuals with disabilities to perform a job, participate in a class, or participate in other university functions.

3. DEFINITIONS

Accommodation:
Any change in the work environment, the educational experience, or the provision of services that enables a qualified individual with a disability to enjoy equal opportunity to perform the job, participate in the educational experience, or receive the provision of services.

ADA Coordinator:
The person designated by the university to review denials of requests for reasonable accommodation and other claims of discrimination. The university's ADA Coordinator is the Director of Equal Opportunity.

Disability:
A documented physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Disability Resources Committee ("DRC"):
A university advisory group that offers informal advice and support to the administration in responding to persons with disabilities, their supervisors, and the university community at large.

Documentation:
Those documents and reports that are required to be presented to the university by the person requesting an accommodation before any accommodation will be provided. Documentation consists of official written communications from a relevant qualified treating health professional (such as a physician, surgeon, psychiatrist, physical therapist, etc.). This communication must be current and must describe the diagnosis and nature of the disability, the major life function(s) effected, the functional limitations of the disability, and the prognosis. The professional may also make suggestions regarding the accommodations being requested, and the university may ask the person requesting an accommodation to provide input from the professional concerning appropriate and meaningful accommodations. Specific guidelines for the documentation of a documented disability can be found at http://www.jmu.edu/humanresources/ada.shtml. Guidelines on documentation related to requesting academic accommodations for students can be found at http://www.jmu.edu/ods/Accommodations.shtml

Essential Function:
A task or responsibility that is central (not marginal) to the purpose of the job, the class, or the activity.

Employee:
A full-time or part-time instructional or administrative & professional faculty member, a classified staff member, or a wage employee of the university.

Employment practices:
Application procedures, hiring, advancement, discharge, compensation, benefits, training and development and all other terms and conditions of employment.

Harassment:
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Hardship:
An accommodation imposes an undue hardship on the university if it constitutes an undue financial and/or administrative burden on the university, or it requires a fundamental alteration in the nature of the job, program or activity.

Qualified Individual with a disability:
One who, with or without reasonable accommodation, can perform the essential functions of a particular job or meet specific academic/program requirements for participation in a university sponsored program, service or activity.

Major bodily functions:
Major bodily functions include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

Major life activity:
Major life activities include, but are not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working and major bodily functions, which include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. An individual's ability to perform a major life activity is compared to most people in the general population.

Office of Disability Services (ODS):
The office that assists students with disabilities in obtaining reasonable accommodations from the university to fully participate in their educational experience at JMU, and assists faculty members and administration at the university in analyzing requests for accommodations from students with disabilities.

Office of Equal Opportunity (OEO):
The office that assists visitors with disabilities in having access to events sponsored by JMU, and assists offices sponsoring events in analyzing requests for accommodations from visitors with disabilities.

Human Resources Department (HR):
The office that assists employees with disabilities in obtaining reasonable accommodations from the university to perform their job duties, and assists supervisors and administration at the university in analyzing requests for accommodations from employees with disabilities.

Reasonable accommodation:
An action that may be taken by the university to accommodate an individual with a documented disability, without imposing an undue hardship on the university.

Student:
Any full or part-time student currently enrolled in at least one for-credit or non-credit course.

Substantially limits:
An individual's major life activity is substantially limited if he/she is unable to perform a major life activity that an average person in the general population can perform. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Mitigating measures taken by the individual will not be taken into consideration in determining whether the individual is substantially limited in a major life activity, except for corrective eyewear.

Visitor:
A member of the public who is attending an event sponsored by the university or visiting university-controlled property.

4. APPLICABILITY

This policy applies to all university visitors, students and employees. It applies to all university employment, educational opportunities, programs and services.

5. POLICY

The university will provide reasonable accommodation to qualified individuals with documented disabilities to ensure equal access and equal opportunities with regard to university employment, university educational opportunities, and the university's programs and services.

Persons with disabilities are held to the same standards of conduct as other employees, students, or visitors, and a disability will not excuse misconduct.

6. PROCEDURES

6.1 Application

The Human Resources Department website provides a listing of the steps required to apply for reasonable accommodations for employees or applicants with a disability. The website is located at http://www.jmu.edu/humanresources/adaquestions.shtml.

A student requesting accommodations under this policy must contact ODS. Employees requesting accommodations under this policy must contact their supervisors. Visitors to events or university controlled property who are requesting accommodations under this policy must contact the office sponsoring the event or OEO. Notice of the need for an accommodation must be made as far in advance as possible to allow the university to make appropriate arrangements.

6.2 Assessment and Dialog

Supervisors who receive disability accommodation requests from employees must immediately consult with HR and should not attempt to determine whether the employee has provided acceptable documentation, or what might constitute reasonable accommodations, without the participation of HR in the discussion. Supervisors may also contact the Disability Resources Committee for advice and information.

A student's request for an accommodation must be referred to ODS for assessment. Faculty members and university staff members who receive requests from students for disability accommodations must immediately refer the students to ODS, and should not attempt to determine whether the student has provided acceptable documentation, or what might constitute reasonable accommodations, without the participation of ODS in the discussion.

The office receiving a request for an accommodation from a visitor may contact OEO for assessment of the request, if assistance is needed.

The university's assessment of the individual's needs and the availability of accommodations must be made on a case by case basis. The university may request permission from the individual making the request for accommodations to interact directly with the medical provider, to determine what accommodation would be reasonable and effective.

The person requesting the accommodation and the office responsible for evaluating the request are required to cooperate in attempting to reach an agreement on a reasonable accommodation. This dialog is the responsibility of both parties.

For information on parking and gate permits for individuals with vehicle handicap permits, see the Parking Services website at http://web.jmu.edu/parking/.

6.3 Determination

Final determination of reasonable accommodations rests with the university. Any person with a disability who is dissatisfied with a responsible department's response to a disability accommodation request may file a complaint with the Director of Equal Opportunity who serves as the ADA Coordinator.

6.4 Review

If an accommodation is granted to an employee, the accommodation will be reviewed annually by HR to determine whether updated documentation is needed and whether the accommodation is still appropriate and sufficient.

6.5 Confidentiality

6.5.1. Information about an employee's documented disability will be kept in a secured file separate from the personnel file in the academic unit office and/or the college office, and this file must be kept confidential and shared with individuals within the university only to the extent allowed by law. However, once HR has been informed of an employee's documented disability and request for accommodations, the employee's supervisor and chain of authority (if applicable) may be notified and brought into the discussion so that any accommodation request can be coordinated through the supervisor and chain of authority.

6.5.2. Information about a student's documented disability must be kept in a file separate from the educational records in the academic unit office and/or the college office, and this file must be kept confidential and shared with individuals within the university only to the extent allowed by law. However, once ODS has been informed of a student's documented disability and request for accommodations, the student's faculty members and the academic administration may be notified and brought into the discussion so that any accommodation request can be coordinated through ODS and the academic administration.

6.5.3. Information about specific requests for accommodation from visitors may be kept in a file in the office receiving the request, which may consult with the OEO concerning reasonable accommodations. Once an office at the university has been informed of a visitor's disability and request for accommodations, the appropriate offices within the university may be notified and brought into the discussion so that any accommodation request can be coordinated through the appropriate offices.

6.6 Disability Resources Committee

To serve as an advisory committee and resource for the JMU community, the University has established the Disability Resources Committee. This committee, which is comprised of representatives from the OEO, ODS, Academic Affairs, and Human Resources, as well as other qualified members of the staff or faculty, exists to provide support, information and advice to the University community to help maximize the opportunities and success of faculty, staff, students and others with documented disabilities as they relate to the University community. The Disability Resources Committee provides such services as:

  • Providing advice to assist in the determination of reasonable accommodations
  • Providing training for faculty and staff
  • Advising supervisors on effective incorporation of persons with disabilities into the workplace
  • Advising the university administration on disability-related policies and procedures.

Membership of the Disability Resources Committee is determined in conjunction with OEO, ODS and HR. The Committee can be accessed by contacting one of the following:

Office of Equal Opportunity - 568-6991
Disability Services - 568-6705 or disability-svcs@jmu.edu
Human Resources - 568-3825 or humanresources@jmu.edu

6.7 Complaint Procedures

For procedures on filing a complaint of disability discrimination or failure to grant a reasonable accommodation, please refer to Policy #1324 - Discrimination and Harassment Complaint Procedure.

7. RESPONSIBILITIES

7.1 An employee is responsible for providing adequate notification to either his or her supervisor or HR of the need for accommodation for a disability. The employee is also responsible for providing appropriate documentation of the disability, and for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.

7.2 A student is responsible for providing adequate notification to ODS of the need for accommodation for a disability. The student is also responsible for providing appropriate documentation of the disability and for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.

7.3 A visitor attending a university event or visiting university-controlled property is responsible for informing the event sponsor or a responsible university representative of his or her need for accommodation for a disability. A visitor is responsible for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.

7.4 ODS is responsible for processing and assessing requests for disability accommodations from students, and for providing access plans and advice to faculty members and administrators concerning reasonable accommodations for students. See the ODS for procedures and details at http://www.jmu.edu/disabilityser/index.shtml Guidelines on documentation related to requesting academic accommodations for students can be found at http://www.jmu.edu/ods/Accommodations.shtml

7.5 HR is responsible for processing and assessing requests for disability accommodations from employees, and for advising supervisors concerning reasonable accommodations for employees. See HR for procedures and details at http://www.jmu.edu/humanresources/ada.shtml

7.6 OEO is responsible for advising offices concerning requests for disability accommodations from visitors.

7.7 The sponsor for a specific university activity is responsible for processing requests for accommodations from individuals participating in such activity, with assistance from OEO.

7.8 Any university representative who receives a request for an accommodation is responsible for contacting OEO, ODS or HR for assistance in providing an appropriate response to the request.

7.9 Faculty members are responsible for providing reasonable accommodations regarding classwork, assignments, and attendance to students.

7.10 Supervisors are responsible for providing reasonable accommodations regarding assignments, schedules, and other aspects of employment to employees within their areas.

7.11 Normally particular departments are responsible for the costs associated with making reasonable accommodation for employees and visitors, although extraordinary costs for reasonable accommodations may be the responsibility of a larger budgetary authority. The costs of most accommodations for students are covered by the Office of Disability Services, although extraordinary costs may be the responsibility of a larger budgetary authority.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Persons with documented disabilities are not entitled to receive accommodations that would fundamentally alter the job, class or activity, or that would excuse performance of the essential functions of a job or essential components of a class or activity.

Temporary, non-chronic impairments, medical conditions (including pregnancy), illnesses and injuries are not disabilities covered under the terms of this policy.

The university is not obliged to grant specific requested accommodations if other reasonable accommodations may suffice to give the requestor equal opportunity and access.

Individuals who pose a direct threat to the safety and health of others are not protected under the law or this policy, and are not entitled to receive accommodations.

Individuals who are not disabled, but who are regarded as having a disability, are not entitled to accommodations.

Use of illegal drugs, or misuse of drugs or alcohol is not protected activity, and such activity will not be considered as an accommodation.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: January, 2010
Approved by the President: January, 2007

Index of Terms

Accommodation
ADA Amendment Act (ADAAA)
Americans with Disabilities Act (ADA)
Disabilities
Disabilities Resources Committee
Handicaps
Rehabilitation Act
Section 504

1330 Animals on University Property

1. PURPOSE

This policy provides the rules and regulations concerning employees, affiliates, students and visitors bringing animals on university property.

2. AUTHORITY

The Board of Visitors has the authority to enact all rules and regulations concerning the safe and efficient operation of the university. Where the board has not enacted rules, the authority is delegated to the president.

3. DEFINITIONS

University property
For the purposes of this policy, university property includes all areas owned or controlled by the university, all job sites for university employees, all class sites for students, all event sites for university events and all other venues in which the university controls the site.

Handler
A person with a disability who is the owner and user of a service animal.

Pet
Any animal owned by an individual that is not trained or used as a service animal by that individual.

Service Animal
Any dog, or in certain circumstances, miniature horse, specifically trained to do work or perform tasks for the benefit of and to accommodate the functional needs of an individual with a disability.

4. APPLICABILITY

This policy applies to all employees of the university, including instructional faculty, administrative and professional faculty, and classified staff; to all students; to all affiliates, alumni, volunteers, donors, business representatives, contractors and others having legitimate business on university property; and to all visitors to the university. It applies to all areas of the campus and all real property and vehicles owned or controlled by the university. It applies to all animals owned or controlled by an individual.

5. POLICY

5.1 Pets
All individuals on university property, including employees, affiliates, volunteers, students, business representatives, contractors and all visitors, are prohibited from bringing pets into buildings on university property. For students, see also Student Handbook Section J27-100.

5.2 Service Animals
A service animal is generally permitted to be on university property in any place where the animal’s handler is permitted to be, although there are locations and activities on university property where all animals are prohibited for safety and health reasons. These areas may include, but are not limited to, the following:

  • Research and teaching laboratories (or other research facilities)
  • Mechanical rooms/Custodial closets
  • Areas where protective clothing is necessary
  • Areas where there is a danger to the Service Animal

5.3 Owners and Handlers
A service animal or pet must be personally supervised and the owner or handler must retain full control of the animal at all times while on university property. Animals may not be left unattended at any time on university property. Animals may not be tied or tethered to any university property, including but not limited to buildings, railings, bike racks, fire hydrants, fences, sign posts, benches and trees, and may not be left running loose.

Animals must not be allowed to disrupt or interfere with university activities, including but not limited to teaching, research, service or administrative activities. If the animal is unruly or disruptive, or if the owner or handler fails to maintain control of the animal, the owner or handler must regain control immediately or remove the animal from the university property. If the improper behavior continues or happens more than once, the owner or handler may be prohibited from bringing the animal onto university property.

The owner or handler is responsible for cleaning up any waste created by the animal and for all costs related to damages created by the animal. This includes fees for clean-up and disposal of animal waste or replacement and repair of university or other individuals’ assets, including grounds, personal property and improvements. If the owner or handler fails to clean up after the animal or the animal causes damage to property, the owner or handler may be prohibited from bringing the animal onto university property.

6. PROCEDURES

6.1 Employees Requesting Permission for Service Animals
Employees, affiliates and all others performing work for the university who wish to bring service animals onto university property as an accommodation for a disability must request the university’s permission to allow the presence of the service animal on university property. Permission will be granted only as an accommodation for a documented disability and must be arranged in advance through the employee’s, affiliate’s or volunteer’s immediate supervisor, prior to bringing the animal onto university property. See Policy 1331, Disabilities and Reasonable Accommodations. The Department of Human Resources will assist the supervisor in determining whether the request represents a reasonable accommodation for a documented disability and should be granted.

6.2 Students Requesting Permission for Service Animals
Students who wish to bring service animals onto university property as an accommodation for a disability must request the university’s permission to allow the presence of a service animal on university property. Permission will be granted only as an accommodation for a documented disability and must be arranged in advance through the Office of Disability Services prior to bringing the animal onto university property. See Policy 1331, Disabilities and Reasonable Accommodations. The Office of Disability Services will assist the various offices within the university, including housing, grounds, academic units, and others, in determining whether the request represents a reasonable accommodation for a documented disability and should be granted.

6.3 Visitors
Visitors, including alumni, event attendees, seminar participants, potential students and families on campus tours, vendors and other business visitors to the university property, and all other university property guests, are not required to receive permission from the university prior to bringing a service animal onto university property. Generally, a service animal owned by a visitor is allowed in any place where the handler is allowed to be. However, there are locations and events on campus where the presence of an animal, even a trained service animal, would interfere with the safe and normal operation of the university. The department or office the visitor wishes to visit, or the office sponsoring the event the visitor wishes to attend, should be contacted in advance if the visitor has any questions about the rules concerning the presence of a service animal at a specific event or in a specific location on campus. Questions may also be addressed to the Office of Equal Opportunity. See Policy 1331, Disabilities and Reasonable Accommodations. A visitor to the university who is accompanied by a service animal may be denied entrance to a specific event or location if the presence of the animal would interfere with the safe and normal operation of the university, would pose a risk to the animal or is otherwise not allowed.

7. RESPONSIBILITIES

An employee, affiliate, volunteer or contractor who is a service animal handler is responsible for obtaining approval and registering the service animal with the Department of Human Resources. A student who is a service animal handler is responsible for obtaining approval and registering the service animal with the Office of Disability Services.

All owners and handlers are responsible for controlling their animals, for cleaning up any waste created by the animal and for any damage caused by the animal on university property. The Department of Human Resources is responsible for processing requests from supervisors of employees, affiliates, volunteers and contractors to determine whether a request to bring a service animal onto the job site is a reasonable accommodation that addresses a documented disability and should be granted.

The Office of Disability Services is responsible for processing requests from students to determine whether a request to bring a service animal on university property is a reasonable accommodation that addresses a documented disability and should be granted.

The Office of Equal Opportunity is responsible for processing requests for information from visitors to the university wishing to bring service animals on university property.

The Risk Manager and the deans are responsible for processing requests for non-research animals used in classes.

Offices and departments sponsoring events on university property and hosting visitors on university property are responsible for processing requests for information concerning the presence of service animals at such events or in such offices or departments.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment, dismissal of a student, or banning a visitor or an animal from the university property.

Any animal found unattended in or on any university property may be impounded by the university police. Owners of impounded animals will be held responsible for payment of any impound and/or license fees required to secure the release of their animals.

9. EXCLUSIONS

This policy does not apply to fish, turtles or other aquatic animals in aquariums of no more than ten gallons in housing units or offices on university property. However, the owner still has responsibility for the animals, for maintaining the aquarium in a clean and sanitary manner and for any damage caused by the presence of the animals or the aquarium.

This policy does not apply to animals used in approved university research. Non-research animals used in classes require prior permission from the dean and the Risk Manager.

This policy does not apply to animals used in police, search and rescue operations on university property.

This policy does not apply to animals trained for and used in a clinical therapeutic setting.  

This policy does not apply to appearances by the official mascot of the university.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Public Safety.

Previous version: November 2010
Approved by the President: November 2010

Index of Terms:

Animals
Pets
Service Animals

1106 Conflict of Interest

1. PURPOSE

The purpose of this policy is to maintain the public's highest trust in public officers and employees of the university and to provide procedures for employees to abide by state law.

2. AUTHORITY

Employees of the university are bound by the terms of the State and Local Government Conflict of Interests Act (Code of Virginia, § 2.2-3100 et seq., hereafter "the Act").

3. DEFINITIONS

These definitions are taken from the Act. For more definitions see Code of Virginia, § 2.2-3101.

Business
Corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit

Contract
Any agreement to which JMU is a party or any agreement on behalf of JMU that involves the payment of money appropriated by the General Assembly, whether or not such agreement is executed in the name of the Commonwealth of Virginia or JMU.

Immediate Family
A spouse or any other person residing in the same household as the employee (or officer) who is a dependent of the employee (or officer), or of whom the employee (or officer) is dependent.

Employee
All persons employed by JMU in any capacity.

Officer
Any person appointed or elected to any governmental or advisory agency including local school boards, whether or not s/he receives compensation or other emolument of office.

Transaction
Any matter considered by JMU on which official action is taken or contemplated.

Personal Interest
Financial benefit or liability accruing to a university employee (or officer), or to a member of a university employees (or officer's) immediate family; such interest shall exist by reason of the following:

  • Ownership interest in a business if the ownership interest exceeds 3 percent of the total equity of the business;
  • Annual income that exceeds or may reasonably be anticipated to exceed $10,000 from ownership in a business, or real or personal property;
  • Salary, compensation, fringe benefits or benefits from the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually;
  • Ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income or salary, other compensation, fringe benefits, or benefits from the use of property; or
  • Personal liability incurred or assumed on behalf of a business if the liability exceeds 3 percent of the asset value of the business.

Personal Interest in a Contract
Personal interest that an officer or employee has in a contract with a governmental agency, whether due to being a party to the contract or due to a personal interest in a business that is a party to the contract.

4. APPLICABILITY

This policy applies to all university employees and officers.

5. POLICY

A conflict of interest occurs when a university employee or officer, or a member of his/her immediate family has a personal interest, or benefits or suffers from his/her participation in a contract or transaction considered by JMU.

No JMU employee or officer shall have a personal interest in a contract with JMU, other than that employee or officer's own contract of employment.

5.1 Prohibited Conduct

  • No JMU employee or officer shall accept money, solicit money or any other thing of value for services performed within the scope of that employee or officer's official duties, except the compensation, expenses or other remuneration paid by the university.
  • No JMU employee or officer shall accept or offer any money or any other thing of value for or in consideration of obtaining an appointment, employment or promotion of any person within any governmental or advisory agency.
  • No JMU employee or officer shall offer or accept any money or any other thing of value for or in consideration of the use of that employee or officer's public position to obtain a contract for any person or business with any governmental or advisory agency.
  • No JMU employee or officer shall use, for his or her own economic benefit or that of another party, confidential information that she or he acquired by reason of his or her public position and which is not available to the public.
  • No JMU employee or officer shall accept any business or professional opportunity, favor, gift, loan, money or service that reasonably tends to influence him or her in the performance of his or her official duties.
  • No JMU employee or officer shall accept any business or professional opportunity when that employee or officer knows that there is a reasonable likelihood that the opportunity that is being afforded will influence him or her in the performance of his or her official duties.
  • No JMU employee or officer shall accept a gift from a person who has interests that may be substantially affected by the performance of that employee or officer's official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question that employee or officer's impartiality in the matter affecting the donor.
  • No JMU employee or officer shall accept gifts from sources on a basis so frequent as to raise an appearance of the use of his or her public office for private gain.

6. PROCEDURES

Before any agreement or contract, other than an employment contract, is contemplated or exists, an advisory opinion from the Attorney General of the Commonwealth of Virginia may be required by JMU to determine whether the Act will be violated by its formation.

6.1 Process of Reporting

Normally, during the month of August, the Secretary of the Commonwealth of Virginia will contact the JMU Office of the President and the Human Resources department to request a listing of all employees who are required to complete the annual Conflict of Interest filing. This listing consists of the following:

  • All voting members of the JMU Board of Visitors must complete a Financial Disclosure Statement (short form).
  • All eligible employees must complete a Statement of Economic Interests (long form). Such employees include those in management and procurement- any and all employees who have an impact on decisions, particularly financial decisions.
  • The Office of the President and Director of Human Resources respond to the Secretary of the Commonwealth's requests.
  • Based on the reporting, the Secretary of the Commonwealth will send the appropriate forms to the Director of Human Resources.
  • The Director of Human Resources will notify all applicable employees, and distribute and collect the forms.
  • The Director of Human Resources will send all completed forms to the Secretary of the Commonwealth along with a listing of employees who did not complete/submit the forms.

6.2 Orientation

The Commonwealth of Virginia offers an on-line orientation course through the OAG Knowledge Center. This course must be completed within 60 days of assuming a role that requires the disclosure of financial interests and thereafter once every two years. If you are uncertain if you have to attend the course, you may contact the Conflict of Interest Director at (804) 692-0116 or use the Secretary of the Commonwealth's Inquiry Form. Further instructions pertaining to the availability of the course can be found on the Office of the Attorney General's Web site.

7. RESPONSIBILITY

It is the responsibility of each JMU officer and employee to comply with the Act.

Any employee or officer who believes he/she may be in violation of the State and Local Government Conflict of Interests Act has the right and obligation to seek a written advisory opinion of the Attorney General of the Commonwealth of Virginia and thereby avoid prosecution and loss of office or employment.

If any employee or officer has reason to believe a conflict of interest may exist, it is her/his duty to report it to Audit Management Services.

If any JMU employee or officer has reason to believe that a personal conflict of interest may exist, it is her/his responsibility to exclude themselves from all business matters relating to the process of negotiating or administering a contract.

It is the responsibility of the internal auditor to investigate any allegations of violation of this policy and to refer possible criminal violations to the JMU Office of Public Safety.

8. SANCTIONS

Any person who does not file or who knowingly files the Statement of Economic Interests form inaccurately will be charged with a Class 1 Misdemeanor which is punishable by no more than 12 months in jail and a fine of no more than $2,500. A local official who knowingly files the form inaccurately will be charged with a Class 3 misdemeanor which is punishable by a fine of no more than $500. Any person who knowingly files the form inaccurately may also be dismissed from office or employment.

Agreements and contracts made in violation of the Act may be declared void and may be rescinded by the JMU Board of Visitors within five years of the date of such contract.

Any money or other thing of value derived by an employee or officer from a violation of the Act shall be forfeited. In addition, in the event of a knowing violation, a civil penalty may also be imposed in an amount equal to the amount of money or thing of value forfeited to the commonwealth.

9. EXCLUSIONS

The Act does not apply to the following situations at JMU:

  • An employee's personal interest in additional contracts of employment with JMU that accrue to him or her because of a member of his or her immediate family, provided the employee does not exercise any control over the employment or the employment activities of the member of his or her immediate family and the employee is not in a position to influence those activities;
  • The personal interest of an employee or officer in additional contracts of employment with JMU that accrue to him because of a member of his or her immediate family, provided
    • the employee or officer and the immediate family member are engaged in teaching, research or administrative support positions at JMU,
    • the JMU Board of Visitors finds that it is in the best interests of the institution and the commonwealth for such dual employment to exist, and
    • after such finding, the board ensures that the employee or officer, or the immediate family member, does not have sole authority to supervise, evaluate or make personnel decisions regarding the other;
  • An employee or officer's personal interest in a contract of employment with any other governmental agency of state government;
  • Contracts for the sale, by a governmental agency, of services or goods at uniform prices available to the general public;
  • An employee's personal interest in a contract between JMU and a publisher or wholesaler of textbooks or other educational materials for students that would accrue to him or her solely because he or she has authored or otherwise created such textbooks or materials;
  • Subject to approval by the JMU Board of Visitors, an employee's personal interest in a contract for research and development or commercialization of intellectual property between JMU and a business in which the employee has a personal interest, if
    • the employee's personal interest has been disclosed to and approved by JMU prior to the time at which the contract is entered into;
    • the employee promptly files a disclosure statement pursuant to § 2.2-3117 and thereafter files such statement annually on or before Jan. 15;
    • JMU has established a formal policy regarding such contract that has been approved by the State Council of Higher Education; and
    • No later than Dec. 31 of each year, JMU will file an annual report with the Secretary of the Commonwealth disclosing each open contract entered subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the JMU employee responsible for administering each contract, the details of JMU's commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: July, 2010
Approved by the President: January, 2002

Index of Terms:

Conflicts
Conflict of Interests

3108 Health and Safety

1. PURPOSE

This policy provides guidelines and instructions to assist university officials in their compliance with applicable provisions of the Occupational Safety and Health Act as well applicable laws and regulations of other state and federal regulatory agencies.

2. AUTHORITY

The Board of Visitors is responsible for the establishment of university policy and delegates the authority for managing the university to the president.

3. DEFINITIONS

Occupational Safety and Health Act:
OSHA is the federal legislation that guides and mandates specific safety policies and procedures for applicable organizations, including James Madison University. 

Environmental Protection Agency:
The federal agency that oversees management of, among other things, toxic substances and waste.

Department of Homeland Security:
A cabinet department of the United States government with the primary responsibility of protecting the territory of the U.S. from terrorist attacks and responding to natural disasters.

Environmental Health and Safety Officers:
Risk Management Coordinator and the Safety Coordinator

4. APPLICABILITY

This policy applies to all university employees.

5. POLICY

The university will comply strictly with EPA, OSHA, Waste Management and other safety and health related codes, laws and standards.

6. PROCEDURES

Safety violations must be reported to a supervisor and the University Environmental Health and Safety officers. See "Responsibilities" for additional details.

7. RESPONSIBILITIES

7.1 The director of the Office of Human Resources shall ensure that probationary employees required to undergo a physical examination do so following offer of employment. Such examinations are provided at university expense. 

7.2 The Environmental Health and Safety Officers are responsible for the following:

  • o Provide the means for complying with EPA, DHS, OSHA, Waste Management, and other safety and health related codes, laws, regulations, and standards.
  • o Assist in the implementation of this policy and report willful noncompliance to the Risk Management Coordinator.
  • o Require all contractors performing work on campus to abide by this policy and OSHA regulations.
  • o Conduct safety inspections and submit reports to responsible university supervisors and administrative officials.
  • o Investigate all accidents and submit reports of findings to appropriate university officials.
  • o Conduct safety training for university personnel in cooperation with the director of the Office of Human Resources and other university officials.
  • o Assist university departments to develop safety procedures for their specific needs.

7.3 Directors and department heads are responsible for the following:

  • o Maintaining high standards of health and safety within their department or office and require compliance with all safety regulations.
  • o Provide necessary protective equipment for their personnel.
  • o Post available information on safety regulations and procedures within assigned work area(s).

7.4 Supervisors are responsible for the following:

  • o Be familiar with and enforce all safety regulations and procedures that apply to their assigned area(s).
  • o Ensure that appropriate protective equipment is available and used properly by their personnel.
  • o Provide appropriate health and safety instructions for their personnel.
  • o Require all "safe operating" instructions and procedures regarding the operation of equipment, machines and vehicles to be posted and obeyed.
  • o Report all accidents and hazards to the director or department head and the Safety 
    Coordinator.
  • o Immediately report any situation that may result in injury, loss of life, or property damage to the Safety Coordinator

7.5 Employees are responsible for the following:

  • o Comply with safety instructions and procedures posted in each work area; report unsafe conditions or acts to their supervisors.
  • o Follow all instructions and procedures on the operation of equipment, machines, vehicles.
  • o Refrain from any unsafe act that might endanger self or others.
  • o Dress properly for specific work assignments and use protective equipment correctly.
  • o Report immediately to his/her supervisor all accidents and/or injuries.

7.6 The Ionizing Radiation Safety Committee: 

The responsibilities of the Ionization Radiation Safety Committee and the College of Science and Mathematics Health Physicist are documented in a College of Science and Mathematics policy. Its application is limited to the sciences as approved by the president and distributed to only those departments handling and storing radiation materials. 

7.7 Bloodborne Pathogen Regulations:

Affected departments are required to prepare and maintain Exposure Control Plans specific to their function and assigned tasks. These regulations concern communicable diseases with measurable risk of exposure to designated classes of employees.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the senior vice president for administration and finance and Risk Management Coordinator

Previous version: September, 2005
Approved by the president: May, 2002

Index of Terms

OSHA
Safety
Environmental Health Coordinator 
Safety Coordinator 
EPA 
DHS

1102 University Holidays

1. PURPOSE

This policy provides the method for determining the holiday schedule for James Madison University each calendar year.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth to govern the university, including the authority to establish employment rules. See DHRM Policy 4.25 Holidays. This authority includes setting the holiday schedule each calendar year, to correspond with the number of holidays given to all state employees.

3. DEFINITIONS

Employee Advisory Committee:
An advisory committee reporting to the president that was established to foster open, honest and productive communication between employees and the university administration with an emphasis on matters of concern to all employees.

University Holiday:
A date on which the university is officially closed for normal business.

4. APPLICABILITY

The holiday schedule is applicable to all members of the university community except those required to perform necessary maintenance and services during times when the university is officially closed (i.e., designated employees).

5. POLICY

The president shall sign into effect each calendar year a schedule of official university holidays. 
The schedule shall include American Independence Day (July 4th), Thanksgiving, the day after Thanksgiving, a Winter break, New Year's Day, Memorial Day Monday and Martin Luther King, Jr. Day. It may also include time for spring break and other appropriate holidays up to the number set by the Commonwealth of Virginia as holidays for state employees.

6. PROCEDURES

  • Each August, the Director of Human Resources will create a proposal for holidays in the succeeding calendar year.
  • The proposal will be forwarded to the Employee Advisory Committee for review.
  • Following review by the Employee Advisory Committee, the Director of Human Resources will forward the proposal to the division heads and the executive assistant to the president for review, edit and approval.
  • The resulting list of university holidays will be sent to the president for final review and approval - normally by November 1.
  • The university holidays are posted on the Human Resources website.
  • If additional holiday hours or days are granted by the Governor the same process will be followed in determining the assignment of those additional hours or days.

7. RESPONSIBILITIES

The Director of Human Resources is responsible for the initial proposal of holidays, coordinating the proposal through the above process and for communicating the upcoming year's holiday schedule to the university community.

The Employee Advisory Committee is responsible for reviewing the proposed holiday schedule.

The Senior Leadership Team and the executive assistant to the president are responsible for initial review and approval of the proposed holiday schedule.

The president is responsible for approving the final holiday schedule for the upcoming year.

8. SANCTIONS

Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

If the Governor of the Commonwealth declares a state holiday for all state employees, such a declaration will be put into effect and the Director of Human Resources will take the appropriate steps to notify the university community.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous version: July, 2010
Approved by the President: May, 2002

Index Terms

Holidays
Official University Holidays
Employee Advisory Committee
University Closings
Personal Leave Day
Spring Break
Winter Break
Independence Day
Thanksgiving
Martin Luther King, Jr. Day
Christmas

4201 Procurement of Goods, Supplies & Services

1. PURPOSE

This policy prescribes regulations for the procurement of goods, supplies and services. The policy is designed to comply with State regulations.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Term Contracts:
The Commonwealth and the university award term contracts for the procurement of certain goods, supplies and services to obtain more favorable prices through volume purchasing and to reduce procurement lead-time and administrative effort. Items available on term contracts should be procured from the contracted vendor in accordance with provisions of the contract. Available term contracts can be found at: http://cipag.jmu.edu/cipag/

Contract Approval:
Authority to sign contracts for the University is delegated to the Senior Vice President for Administration and Finance, the Associate Vice President for Business Services, and the Director of Procurement Services; each may further delegate that authority in writing as appropriate. Also reference University Policy 4100: Signature Authority on Contracts. A list of such delegations and the dollar limit of authority shall be maintained in the office of Procurement Services. Such delegations shall include the training needed to assure compliance with applicable laws and regulations and to uphold the integrity of the university.

Emergency Procurement:
All persons involved in the procurement process shall effect proper planning so as to obtain the quantity, quality, and timeliness of delivery of procurement at the least cost to the university. Emergency procurement procedures shall be implemented only to protect personal safety or property, not to compensate for improper planning.

4. APPLICABILITY

These regulations apply to all procurement for the University by faculty, staff, students and administrators, regardless of the source of funds, including procurement charged to educational and general, auxiliary enterprise, grant and local fund accounts.

5. POLICY

All procurement of goods and services must be made according to applicable state laws, regulations, policies and procedures as well as guidelines established by the Director of Procurement Services. All procurement will be made in a fair and ethical manner without impropriety or the appearance of impropriety.

6. PROCEDURES

Procurement procedures, including instructions for completing forms, are provided at the Procurement Services Website.

Cancellation of Contracts and Purchase Orders Contracts and purchase orders issued by the Office of Procurement Services may only be changed or canceled by that office. Requests for needed changes or cancellation are to be submitted to the Office of Procurement Services for issuance of a formal change order. Communication of needed changes or cancellations to vendors by other departmental personnel is not authorized.

Term Contracts:
The Commonwealth and the university award term contracts for the procurement of certain goods, supplies and services to obtain more favorable prices through volume purchasing and to reduce procurement lead-time and administrative effort. Items available on term contracts should be procured from the contracted vendor in accordance with provisions of the contract. Available term contracts can be found at: http://cipag.jmu.edu/cipag/

Contract Approval:
Authority to sign contracts for the University is delegated to the Senior Vice President for Administration and Finance, the Associate Vice President for Business Services, and the Director of Procurement Services; each may further delegate that authority in writing as appropriate. Also reference University Policy 4100: Signature Authority on Contracts. A list of such delegations and the dollar limit of authority shall be maintained in the office of Procurement Services. Such delegations shall include the training needed to assure compliance with applicable laws and regulations and to uphold the integrity of the university.

Emergency Procurement:
All persons involved in the procurement process shall effect proper planning so as to obtain the quantity, quality, and timeliness of delivery of procurement at the least cost to the university. Emergency procurement procedures shall be implemented only to protect personal safety or property, not to compensate for improper planning.

7. RESPONSIBILITIES

Purchasers are expected to exercise prudent judgment and their actions must sustain the test of public review.

Persons who issue contracts/purchase orders are responsible to assure the contractor's total performance is in accordance with the contractual agreement. Problems, including over shipments and overruns, complaints and non-compliance with contractual provisions, are to be resolved by the issuing authority. Persons who receive delivery of goods, supplies and services are responsible for the prompt inspection for shipping damage, shortages, and completion of a receiving report http://www.jmu.edu/financeoffice/forms/RecReport.doc. Prompt reporting of unresolved problems to the Office of Procurement Services is essential for the University to avail itself of legal remedies.

The Director of Procurement Services is the university's chief procurement agent and contracting officer and shall administer the university procurement program by recommending policy, and developing, publishing and enforcing appropriate procedures; delegating procurement authority to departments as appropriate; comparing requisitions for purchase with reasonable standards; reviewing the procurement delegation and activity/records of departments for legality and compliance with this policy.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Requests for exception to this policy are to be submitted in advance of procurement to the Director of Procurement Services for consideration.

10. INTERPRETATION

Authority to interpret this policy rests with the President, and is generally delegated to the Associate Vice President for Business Services.

Previous version: March 2011
Approved by the President: April 2002

4310 Illicit Discharge Detection and Elimination (IDDE)

1. PURPOSE

Establish methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, as implemented through the Virginia Stormwater Management Program (VSMP) Permit for James Madison University (JMU).

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Affiliate
An individual who has a formal affiliation with the university and receives some services from the university, but is not a student or employee of the university and receives no remuneration from the university (Formal affiliation means that a necessary relationship exists between the university and the individual to provide a service of value to the university). Affiliates are defined in Policy 1337 and include employees of contractors such as ARAMARK, Pitney Bowes, Follett, etc.

Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, including both structural and nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater systems.

Contractor
An individual or company, including a subcontractor, hired to perform services on university property.

Illicit Discharge
Any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater, except discharges pursuant to VPDES or state permit (other than the state permit for discharges from the municipal separate storm sewer), discharges resulting from firefighting activities, and discharges identified by and in compliance with 9VAC25-870-400 D 2 c (3).

Municipal Separate Storm Sewer
A conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains:

a. Owned or operated by a federal, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction or delegated authority for erosion and sediment control and stormwater management, or a designated and approved management agency under § 208 of the Clean Water Act (CWA) that discharges to surface waters;
b. Designed or used for collecting or conveying stormwater;
c. That is not a combined sewer; and
d. That is not part of a publicly owned treatment works.

Municipal Separate Storm Sewer System (MS4)
All separate storm sewer systems that are defined as “large” or “medium” or “small” municipal separate storm sewer systems or designated under 9VAC25-870.

Visitor
A person who is not enrolled at, compensated by or an affiliate of the university.

4. APPLICABILITY

This policy is applicable to all students, faculty, staff, contractors, affiliates and visitors of James Madison University.

5. POLICY

No university employee, student, visitor, contractor or department shall cause or allow discharges into the university’s storm sewer system which are not composed entirely of stormwater, except for the allowed discharges provided in the Virginia Stormwater Management Program (VSMP) Permit Regulations (9VAC25-870). Prohibited discharges include, but are not limited to: oil, anti-freeze, grease, chemicals, wash water, paint, animal waste, garbage, and litter. The spilling, dumping, or disposal of materials other than stormwater to the storm drainage system is prohibited.

6. PROCEDURES

a. Field Screening

Field observations of MS4 outfalls shall be conducted at least once per year during dry weather conditions. Observations shall be recorded using the current inspection form and information entered into a tracking database.

If flow is observed, or evidence suggests that illicit discharges may exist, further investigation shall be administered by any of the following methods:

i. Tracing discharge up storm sewer system;
ii. Taking a sample of discharge for analysis in order to determine if a pollutant is present and identify the pollutant;
iii. Implement best management practices to eliminate illicit discharges;
iv. Scheduling follow up observations; and
v. Any other appropriate measures deemed necessary.

b. Notification of Spills and Illicit Discharges

Once a spill or illicit discharge has been observed, the incident shall be reported to the Stormwater Coordinator and Safety & Training Coordinator. If those individuals are unavailable, contact Work Control or Campus Police. Failure to provide notification of the incident shall be a violation of this policy.

An initial investigation shall be performed within one business day of receiving notification and appropriate measures taken in order to prevent further discharge and begin remediation of pollution.

c. Tracking

Field observations shall be tracked in a database. Data fields to be included shall be:

i. Date discharge observed/reported
ii. Location of discharge
iii. Summary

1. Results of investigation
2. Any follow-up to investigation
3. Resolution of investigation

iv. Date investigation closed

d. Enforcement

When a violation of this policy has been detected, JMU may order compliance, by either verbal notice or written notice, to the responsible party. Such notice may require without limitation:

i. The performance of monitoring, analyses, and reporting;
ii. The elimination of prohibited discharges or connections;
iii. Cessation of any violating discharges, practices, or operations;
iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
v. Payment of any fee, penalty, or fine assessed against JMU to cover remediation cost;
vi. The implementation of new stormwater management practices; and
vii. Disciplinary action up to and including dismissal, where appropriate.

The listed requirements will be at the expense of the responsible party.

In the event that adequate measures are not initiated, JMU may issue work orders to correct the violation and bill the responsible party for expenses incurred.

If additional measures are required for enforcement, the president will be notified.

e. Training/Education

A training program for Stormwater Pollution Prevention/Good Housekeeping and Illicit Discharge Detection & Elimination (IDDE) will be presented for Facilities Management employees on an annual basis, and during new employee orientation for Facilities Management staff.

Educational materials for Stormwater Pollution Prevention and Illicit Discharge Detection & Elimination will be distributed through various forms of media to the members of the JMU community.

7. RESPONSIBILITIES

Stormwater Coordinator: Responsible for administration, implementation and enforcement of this policy.

All students, faculty, staff, contractors, affiliates and visitors of James Madison University are responsible for abiding by this policy and reporting illicit discharges to the proper authority.

8. SANCTIONS

Regarding employees of JMU and affiliates, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion.

9. EXCLUSIONS

The following discharges to the municipal storm sewer system are allowed as they are considered to be not significant contributors of pollutants to the MS4:

a. Discharges that are covered under a separate individual or general Virginia Pollutant Discharge Elimination System (VPDES) or Virginia Stormwater Management Program (VSMP) permit for non-stormwater discharges.

b. Discharges or flows which are not significant contributors of pollutants to the municipal separate storm sewer system

    • Water line flushing
    • Landscape irrigation
    • Diverted stream flows
    • Rising ground waters
    • Potable water sources
    • Foundation drains
    • Air conditioning condensation
    • Irrigation water
    • Springs
    • Water from crawl space pumps
    • Footing drains
    • Flows from riparian habitats and wetlands
    • Dechlorinated swimming pool discharges
    • Street wash water

10. INTERPRETATION

Authority to interpret this policy rests with the President and is generally delegated to the Associate Vice President of Business Services.

Approved by the President: July 2014