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Judicial Affairs Policies

Alcohol Fire Safety Projectiles
Camping Gambling Responsibility for Guests
Campus Election Rules Harassment Sexual Assault
Computer Misuse Hazing Smoking
Dangerous Practices Interference with the Judicial Process Soliciting & Sales
Destruction of Property Littering Theft
Disorderly Conduct Noncompliance Trespassing
Drugs Obscene Conduct Unauthorized Use of Property
Failure to Comply Parking Violence to Persons
Falsification of Information Personal Abuse Weapons

 

J38-101 Alcohol

J38-101.1 Individuals must be 21 years of age to buy, possess or drink alcoholic beverages.

J38-101.2 Alcoholic beverages may not be sold or furnished to any person who at the time of sale or exchange is underage or visibly under the influence of alcohol.

J38-101.3 Falsely representing one's age for the purpose of purchasing or possessing alcohol is against university standards of conduct.

J38-101.4 Drunkenness and/or possession of open containers of alcohol is prohibited in public areas as defined by state and local laws/ordinances or University policy.

J38-101.5 Alcoholic beverages may not be possessed, distributed or consumed at events open to the general university community and held on university property except when specific written approval has been obtained for the event in advance. Sponsors are responsible for assuring that all persons in attendance at an event comply with state alcohol law and university alcohol policy.

J38-101.6 Kegs, party balls or other large containers with alcohol are prohibited on campus unless previously approved by JMU Special Events and Catering Services. All kegs and other alcohol containers must comply with Virginia's ABC rules and regulations.

J38-101.7 Driving a motor vehicle while intoxicated is prohibited.

See also: Substance Sanctioning Strategies, Criminial Sanctions, Conditions for Approval of Events Where Alcohol is Served and Enlightened Citizen Amnesty Policy


J2-100 Camping or Shelter Construction

Constructing shelters/tents and camping or sleeping out on university-owned or operated properties is prohibited unless approved by Student Activities and Involvement for philanthropic or fund-raising purposes.

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J3-100 Campus Elections Rules

No student shall in any way tamper with or illegally influence voting or vote counting procedures or regulations as set forth by the Student Government Association for any campus election.

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J5-100 Computer Misuse

Any misuse of university network or computing resources or services is expressly prohibited. Examples of misuse include but are not limited to the following activities:

J5-101 Committing computer fraud, creating false identities, forgery, harassment, personal abuse, trespassing, theft, embezzlement or invasion of privacy.

J5-102 Tampering with files or information that belongs to someone else.

J5-103 Using the computer to examine, modify, or copy programs or data other than one's own without proper authorization. This includes plagiarism and/or violations of copyright.

J5-104 Degrading or attempting to degrade computer hardware or software performance to alter or circumvent established security measures.

J5-105 Depriving or attempting to deprive other users of access to computing/network resources or services. Under no circumstances does the university condone or permit the unauthorized copying of computer software or other copyrighted material; the use of another person's e-I.D., telecommunications account, or access privileges; the unauthorized access or use of another person's files (whether inside or outside the computer system); the intentional abuse or interference with the operation of any university computer, network, or telecommunications system; the intentional interference with the work of other users; or the wasting of computer resources. Using computing resources in other forms of misconduct such as harassment, invasion of privacy, libel, falsifying identity, etc. are violations of university standards of conduct and/or law.

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J6-100 Dangerous Practices

No student shall engage in any activity which endangers the lives or safety of that student or of others. This includes but is not limited to the following activities:

J6-101 The use, possession or false reporting of fireworks, firecrackers, gunpowder or any dangerous chemicals or explosive materials.

J6-102 Inappropriate or dangerous use of fires, open flames or other flammable materials.

J6-103 Blocking or in any way preventing use of fire exit doors, handicapped ramps, residence hall room doors and building hallways.

J6-104 Improper use of electrical appliances or wiring which creates a fire hazard. Activities carried out in science classes or laboratories under faculty guidance are exempt from this policy.

J6-105 No physical activity, such as boating, skating, swimming, wading or walking on the ice is allowed in or on the lake and other bodies of water on university properties. (Formerly J20-101)

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J7-100 Destruction or Attempted Destruction of Property

J7-101 No student shall damage/vandalize, attempt to damage/vandalize or participate in the damage/vandalism of property belonging to another.

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J8-100 Disorderly Conduct

Regardless of proximity to campus, no student shall cause, incite or participate in any disturbance, including but not limited to excessive noise, that interrupts the orderly operation of the university and/or infringes on the rights of community members.

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J38-102 Drugs

J38-102.1 No student shall use or possess an illegal drug as defined by the Drug Control Act of the Commonwealth of Virginia.

J38-102.2 University policy conforms to state law with regard to drug paraphernalia.

J38-102.3 No student shall distribute, sell, or provide to others an illegal drug as defined by the Drug Control Act of the Commonwealth of Virginia.

See also: Substance Sanctioning Strategies and Enlightened Citizen Amnesty Policy

J10-100 Failure to Comply with a Disciplinary Decision

No student shall fail to comply with any disciplinary sanctions imposed by the Honor Council, the Judicial Council or the Office of Judicial Affairs. Violations include but are not limited to not attending or being late for sanctioned educational classes, failing to complete assignments, or failing to follow the guidelines of sanctions or sanctioned programs.

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J11-100 & J13-100 Fire Safety

J11-101 No student shall activate a fire alarm except in case of an actual fire.

J11-102 No student shall disregard a fire alarm signal, refuse to evacuate a building, or re-enter without permission from a University official.

J11-103 No student shall enter or exit from a fire escape except during a fire drill or in the case of an actual fire.

J13-101 No student shall, without authorization, operate, tamper with or otherwise misuse any fire suppression equipment.

J13-102 No student shall tamper with or otherwise misuse any fire detection or early warning devices, emergency lighting or evacuation systems.

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J12-100 Falsification of Informatiion

J12-101 No student shall alter, replicate or have in his or her possession an altered university identification card (JMU Access Card) or parking permit. No student shall replicate or enter false information on an official university document or electronic form.

J12-102 No student shall provide false information or fail to provide current information to the university including for the purpose of defrauding the university.

J12-103 No student shall misrepresent himself/herself as a JMU official.

J12-104 No student shall alter, replicate or have in his or her possession any altered form of identification, including but not limited to an altered state issued identification card, state issued driver’s license or birth certificate. 

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J14-100 Gambling

No student shall illegally wager or assist in the illegal wagering of money or any other thing of value on any game or contest.

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J16-100 Harassment

It is the established policy of JMU to provide a work and study environment for faculty, staff and students free from all forms of harassment, bullying, stalking, intimidation and exploitation. Prohibited harassment includes offensive verbal, written or physical conduct in the following situations:

J16-101 Submission to the conduct is made a condition of employment or admission of an applicant.

J16-102 Submission to or rejection of the conduct is the basis for personnel action, recommendation for promotion or grades.

J16-103 Conduct that seriously and/or repeatedly affects an employee’s or student's performance or creates a hostile work or study environment. The conduct includes but is not limited to behaviors referring to a person's race, color, national origin, religion, gender, sexual orientation, age, veteran status, political affiliation or disability.

J16-104 Conduct of a sexual nature that seriously and/or repeatedly affects an employee’s or student’s performance or creates a hostile work or study environment.  (Note:  Harassment falling under this section will follow the same processes as sexual assault cases.)

Harassment Guidelines

1. Questions, assistance or violations related to this policy should be directed to the university’s Office of Equal Opportunity, 1017 Harrison Street, MSC 5802, Harrisonburg, VA  22807, 540-568-6991.

2. If a student believes that he/she has been harassed by a staff member or faculty member, the student should take one or more of the following actions:

2a. Discuss the matter with the faculty or staff member involved, explaining why a particular comment or action was offensive.

2b. Discuss the matter with the immediate supervisor of the faculty or staff member, giving an account of the comment or action in question.

2c. Bring a charge of harassment to the Office of Equal Opportunity, 1017 Harrison Street, MSC 5802, Harrisonburg, VA 22807, 540-568-6991.

3. If a student believes that he/she has been harassed by a student, the student should take one or more of the following actions:

3a. Discuss the matter with the accused, explaining why a particular comment or action was offensive.

3b. Bring a charge of harassment to the Office of Judicial Affairs in Frederikson Hall, Section C, Room 101.

4. If a student employee believes that he or she has been a victim of harassment, he or she should take one or more of the following actions:

4a. Discuss the matter with the accused, explaining why a particular comment or action was offensive.

4b. Discuss the matter with the immediate supervisor of the accused, giving an account of the comment or action in question.

4c. Contact the Student Work Experience Center at (540) 568-8167.

5. Regardless of the identity of the alleged harasser, a student may discuss the matter with the Dean of Students, the director of the Counseling and Student Development Center or the director of the Office of Equal Opportunity. The student will be advised of proper university procedures that can be pursued.

6. All complaints will be held in strict confidence to the extent possible and counseling will be provided if requested. However, even though the accusing student may wish not to be identified, the university has an obligation to intervene in the matter if sexual harassment has occurred.

7. A student also has the option of filing a formal charge of harassment with the U.S. Department of Education. The address and telephone number are available from the Office of Equal Opportunity, 1017 Harrison Street, MSC 5802, Harrisonburg, VA  22807, (540) 568-6991.

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J17-100 Hazing

In keeping with JMU's expectations for a positive academic environment, the university prohibits any situation created intentionally to produce mental or physical discomfort, embarrassment, harassment or ridicule. Hazing is defined as activities for the initiation or induction into an organization which include but are not limited to calisthenics or other strenuous physical activity; exposure to inclement weather; consumption of any food, liquid, beverage, drug, or other substance; confinement in any room or compartment; spraying, painting, or pelting with any substance; burying in any substance; burning, branding, or tattooing; or any other activity which may result in physical injury or endanger the health or life of the individual being hazed, regardless of implied or expressed consent of the victim(s).

J17-101 Section 18.2-56 of the Code of Virginia, as amended, declares hazing illegal, establishes conditions for civil and criminal liability, and outlines the duties of the university when a student has been found guilty of hazing.

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J18-100 Interference with the Judicial or Honor Council Process

No student shall engage in any activity which disrupts, unfairly influences or obstructs the judicial or honor processes of JMU. This includes but is not limited to the following activities:

J18-101 Attempting to influence, intimidate or threaten any witness, council member or other participant involved in the preparation of a case or the procedures constituting a judicial or Honor Council proceeding.

J18-102 Giving false information to the Judicial Office or Honor Council or to a judicial hearing officer or honor council coordinator.

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J19-100 Littering

J19-101 No student shall intentionally dispose of refuse of any kindon property owned or leased by the university except in receptacles provided for that purpose.

J19-102 No receptacle used for trash shall be overturned anywhere on owned or leased university property.

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J21-100 Noncompliance with an Official Request

J21-101 No student shall fail to comply with reasonable and/or lawful requests or directions by members of the faculty, administrative staff, residence hall staff, police or other employees acting in the performance of their official duties. A request for proper identification from a student is a reasonable expectation.

J21-102 No student shall fail to answer promptly reasonable and/or lawful requests by faculty members, administrative staff, residence hall staff,police or other employees acting in the performance of their official duties. This includes failing to schedule or attend an administratively requested meeting.

J21-103 No student shall provide false information, verbally or in writing, to faculty members, administrative staff, residence hall staff, police or other employees acting in the performance of their official duties.

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J24-100 Obscene Conduct

J24-101 No student shall engage in lewd, indecent or obscene conduct, including, but not limited to:

J24-102 No student shall possess and/or produce illegal sexual materials.

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J25-100 Parking

All vehicles parked on property owned, operated, or leased by JMU are required to display a valid JMU parking permit. For complete information regarding the university's parking regulations, refer to the Parking and Traffic Regulations handbook. Handbooks are available free of charge upon request at the Parking Services office, located on the ground level of the Champions Drive Parking Deck.

Updated information can be obtained throughout the academic year by accessing the parking website. For additional questions or concerns, contact Parking Services at (540) 568-3300.

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J26-100 Personal Abuse

J26-101 No student shall direct a serious expression of the intent to commit an act of unlawful violence to a particular individual or group of individuals.

J26-103 No student shall direct expressions that can be reasonably anticipated to incite a violent reaction from an individual or group of individuals at anyone.

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J28-100 Projectiles

J28-101 No student shall throw or cause to be projected any object or substance, which has potential for damaging or defacing university or private property or causing personal injury or disruption.

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J31-100 Responsibility for Guest(s)

Each student will be held accountable for any damage or violation of university policy by his/her guest(s) on-campus or in his/her residence hall.

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J34-100 Sexual Assault

Sexual assault is defined as sexual contact without consent and includes:

To constitute lack of consent, acts must be committed by force, intimidation or through use of the victim's mental incapacity or physical helplessness. Intoxication may indicate an inability to give consent.

Verbal misconduct, without accompanying physical contact as described above, is not defined as sexual assault. Verbal misconduct may constitute harassment, which is also prohibited under university regulations and is specifically addressed in section J16-100 of this handbook.

Students accused of this should refer to the Accused Student Rights (Sexual Assault) in preparing for their hearing.

Accusing students who report a sexual assault will not be charged with alcohol or drugs, even if alcohol and drugs was involved. (Refer to Accusing Student Rights (Sexual Assault) in the JMU Student Handbook.)

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J35-100 Smoking

J35-101 Smoking in university buildings and residence hall courtyards is prohibited.

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J36-100 Soliciting, Petitioning, Selling, Surveying and Publicizing

J36-101 No student or student organization shall engage in advertising or selling any goods, services or tickets, nor shall they solicit for any purpose whatsoever on university property or in university buildings, without first obtaining the written approval of the coordinator of clubs and organizations. Sales and solicitation may only take place in the areas designated by the University Unions. (For activities in residential buildings, refer to J36-103.)

J36-101.1 Students or student organizations must obtain written approval from the coordinator of clubs and organizations, before petitioning or surveying students. Surveys that are a part of an academic requirement must be approved by the instructor, academic unit head and college dean before approval will be given by the coordinator of student organization development.

J36-101.2 No student, non-university-related organizations or individuals may sell or solicit on the campus for any purpose whatsoever without first obtaining the sponsorship of a recognized student organization. The sponsoring organization must obtain the written approval of the coordinator of student organization development, make all arrangements for space, acknowledge sponsorship in writing and delineate the financial arrangements between the sponsor and the non-university organization or individual.

J36-101.3 Sales or solicitation involving food items require additional approval by the director of the dining services department. Sales or solicitation of merchandise require additional approval by the director of the university bookstore.

J36-101.4 All students or organizations that solicit off campus on behalf of a group or organization associated with JMU must have the written approval of the vice president for university advancement and the University Unions.

J36-102 All students or organizations planning to conduct programs on or off campus requiring a contractual agreement with non-university agencies must obtain the written approval of the director of the University Unions and other pertinent university officials.

J36-103 Soliciting, petitioning, selling, surveying, publicizing and distribution by students, university organizations, non-students and non-university related organizations are prohibited in the residence halls. Programs or demonstrations of approved products and/or topics may be presented in residence halls only under the following conditions:

J36-103.1 The community council agrees to sponsor the program. Approval by a recorded majority vote of the community council shall constitute legitimate sponsorship, subject to the review and approval of the director of residence life.

J36-103.2 Presentations by the sponsored persons or company shall be limited to demonstration or display of merchandise and appropriate promotion; it may not include solicitation or orders, signing of contracts, or exchange of money. The demonstration or promotion shall be such that it does not unreasonably disrupt other hall activities.

J36-103.3 Solicitors may leave calling cards, catalogs or order blanks with students but may not transact business or seek promises for future transactions.

J36-103.4 A member of the residence hall staff must be present to observe the program.

J36-103.5 No resident of the hall, community council member or member of the hall staff may profit from presentation by virtue of his or her role in securing sponsorship for the solicitor. Free gifts, commissions or any other forms of remuneration are not allowed.

J36-103.6 Door prizes, discounts or any other form of free gifts used to promote attendance or to encourage interest must be available to all on an equal basis.

J36-103.7 No door-to-door solicitation or distribution is permitted.

J36-103.8 All programs falling under the definition of this policy must be registered in advance with the director of residence life or his/her designee.

J36-104 Advertising the sale of alcoholic beverages without an Alcoholic Beverage Control Board license or any phrase or symbol, which would lead the reader to believe that alcohol will be served or consumed, is prohibited. Students must contact the Office of the Vice President for Student Affairs to obtain an ABC license.

J36-105 Posters, notices, announcements or other materials may only be displayed on general-purpose bulletin boards inside authorized university-operated buildings or on authorized university property. The director of the University Unions will define the authorized areas of display for such material. The exterior of academic and administrative buildings as well as all windows, doors and trash receptacles are specifically unauthorized display areas. Materials must be approved by University Information before being posted. Materials with dimensions exceeding 11 inches by 17 inches will not be approved for posting. Refer to the "University Unions" section for more information. Items posted in the residence hall must be submitted to the associate director of residence life in Huffman Hall for a second review. Approval for posting and posting guidelines will be determined and outlined by the associate director.

J36-106 No student shall distribute or sell any drug apparatus in any building or on any property owned or operated by the university.

J36-107 Using chalk to display messages or advertise events on campus may only be done on university sidewalks in pre-approved locations. All chalk messages or advertisements are prohibited without appropriate authorization from University Information.

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J39-100 Theft

J39-101 No student shall steal, attempt to steal or assist in the theft of any money, property or item of value not belonging to him or her.

J39-102 No student shall illegally use, appropriate or possess any property not belonging to him or her.

J39-103 No student shall fail to report suspected theft of university monies. (Refer to JMU Policy 1603.)

J39-104 No student shall use or possess any equipment that falls under the state of Virginia’s laws as illegal, as it relates to theft.

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J40-100 & J41-100 Trespassing

J40-103 Any unauthorized individual attempting to enter, entering or remaining in university property shall be responsible of trespass.  This may include, but is not limited to, an area that has been closed, locked and/or displaying signage.  

J41-100 No student shall enter, remain in, or refuse to leave a private room (including a residence hall room), office or restricted area under control of another student, faculty member or university official except by permission or invitation of the resident student, appropriate university official or faculty member.

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J42-100 Unauthorized Use or Transfer of Property or Documents

J42-101 No student shall use or possess any parking decal, JMU Access Card, keys, access codes, or university documents issued by the university to another individual. 

J42-102 No student shall lend or sell any parking decal, JMU Access Card, keys, access codes, or university documents issued by the university.

J42-103 No student shall use documents or identifying information of a student not authorized to do so.

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J43-100 Violence to Persons

No student shall engage or attempt to engage in any form of violence directed toward another person or group of people.

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J44-100 Weapons

J44-101 No student shall keep, use, possess, display or carry any item, including but not limited to a rifle, shotgun, handgun, knife, other edged weapons or other lethal or dangerous instruments capable of maiming and/or casting a projectile by air, gas, explosion or mechanical means on any property or in any building owned or operated by the university or in any vehicle on campus. Regardless of proximity to campus, illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals, or any item, even if legally possessed, in a manner that harms or threatens others, is not permitted.

J44-102 Realistic facsimiles of weapons are specifically not allowed.

J44-103 Rifles, shotguns and bows that are to be used for hunting, may be registered and stored at the university police station one week before and during the appropriate hunting season.

J44-104 Weapons used for hunting must be checked and removed from campus at the end of the appropriate hunting season.

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Publisher: The Office of Judicial Affairs
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James Madison University
Harrisonburg, VA 22807
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