Receipt of Title IX Report, Alleged Policy Violation(s) Notification, and Preparation for the Sexual Misconduct Case Review

James Madison University takes the issue of sexual misconduct seriously; sexual misconduct includes a broad spectrum of behavior. Any person who experiences sexual misconduct committed by a student, or who is unsure if the behavior meets the definition of Sexual Misconduct, should meet with the Title IX Office to explore and understand their options and resources. The Title IX Office will make a preliminary determination of the applicability of the policy to the allegation and gather relevant information in accordance with JMU Policy 1340. In order for the Office of Student Accountability and Restorative Practices to place an alleged policy violation against a Responding Party for allegedly violating JMU Policy J34-100 Sexual Misconduct, the Title IX Office must gather information and provide their report to the Office of Student Accountability and Restorative Practices as outlined in JMU Policy 1340. Upon the Office of Student Accountability and Restorative Practices’ receipt of the information gathered by the Title IX Office, the Office of Student Accountability and Restorative Practices will review the documentation submitted for possible violations of University Policy. The Reporting Party will then be contacted for options, which may include an advising where a Reporting Party may authorize the Office of Student Accountability and Restorative practices to send notification to the Responding Party for allegedly violating JMU Policy J34-100 Sexual Misconduct; the Title IX Report is the basis for the alleged policy violation(s) in the case. In circumstances that threaten the safety of the campus and/or community, the Office of Student Accountability and Restorative Practices may send notification to a Responding Party with allegedly violating JMU Policy J34-100 Sexual Misconduct and adjudicate the case through the Sexual Misconduct Accountability Process without the authorization of the Reporting Party. The Sexual Misconduct Accountability Process is initiated when any of the behaviors reported allegedly violate J34-100 Sexual Misconduct; if a Responding Party receives notice of other alleged policy violation(s) in addition to J34-100 Sexual Misconduct, all alleged violations will be adjudicated through the Sexual Misconduct Accountability Process. This Sexual Misconduct Accountability Process is separate and distinct from the Accountability Process.

The Office of Student Accountability and Restorative Practices will not pursue alleged policy violations of policy J38-101 Alcohol or J38-102 Drugs against student Reporting Parties, Witnesses for the Reporting Party, or Witnesses for the Responding Party, even if these substances were involved.

The Sexual Misconduct Accountability Process constitutes the investigation that will determine whether or not University Policy, including but not limited to JMU Policy J34-100 Sexual Misconduct, was violated. Upon receiving relevant information gathered by the Title IX Office in accordance with JMU Policy 1340, the Office of Student Accountability and Restorative Practices may place an alleged policy violation(s) against the Responding Party(s) and initiate the Sexual Misconduct Accountability Process in accordance with the following procedures below. Anticipated timelines, deadlines, restrictions, or procedures listed within the Sexual Misconduct Accountability Process will not be altered except in necessary or extreme circumstances in order to uphold the intent of the process, as determined by the Director of the Office of Student Accountability and Restorative Practices or designee. If an extension is granted at the request of a party and that impacts the other party, both parties will be told the reason for the extension. The Sexual Misconduct Accountability Process will generally proceed in the following manner:

  1. The Responding Party will be notified of the alleged policy violation(s).

    • In accordance with JMU Policy 1209, proper notification of the alleged policy violation(s) shall consist of an email to the student’s official JMU e-mail address. The notice will be considered received the day after the notice is sent via email.

    • The notification of the alleged policy violation(s) will state the relevant policy or policies for the alleged violation(s).

  2. No contact orders will be put in place.

    • When the Responding Party is informed of the alleged policy violation(s), they will be instructed to have no direct or indirect contact with the Reporting Party. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. A violation of this instruction will result in an alleged policy violation of J21-100 Non-compliance for the Responding Party.

    • When the Responding Party is informed of the alleged policy violation(s), the Reporting Party will be instructed to have no direct or indirect contact with the Responding Party. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. A violation of this instruction will result in an alleged policy violation of  J21-100 Non-compliance for a student Reporting Party or a charge of misconduct for a Faculty or Staff member.

    • The no contact orders will remain in place until a final decision is rendered as outlined in the Sexual Misconduct Accountability Process.
  3. An advising meeting will be set for both parties in the case.

    • Both Reporting Parties and Responding Parties will be assigned their own individual Advisor by the Office of Student Accountability and Restorative Practices to guide them through the Sexual Misconduct Accountability Process, serve as a point of contact in the Office of Student Accountability and Restorative Practices, and help them understand the rights afforded to them. This Advisor does not help the Reporting Party or Responding Party prepare how to present their case.

    • The Office of Student Accountability and Restorative Practices will set an appointment based on the students’ academic schedules, where the Reporting Party and Responding Party will meet individually with their Advisor to ensure that they understand the Sexual Misconduct Accountability Process and the rights afforded to them. Responding Parties and Reporting Parties may have a Support Person or Attorney accompany them to this advising meeting if the Support Person or Attorney’s schedule permits their attendance.

  4. Both parties will have access to and be able to submit written documentation or other items as evidence to be used in the adjudication of the case. Access to the written documentation and other items submitted as evidence to be used in the adjudication of the case will be coordinated by the Advisor and/or the OSARP Office Manager. In the Sexual Misconduct Case Review, a Responding Party and Reporting Party are the only parties permitted to introduce information to be used in the determination of responsibility section regarding their own character either in their own statements or in their statements included in the Title IX report. If either party chooses to introduce their own character, the other party will be permitted to respond to what was introduced in written or oral statements, being sure to only respond to what was stated by the party and not to introduce their own characterization of the other party.  If a party stated they only wished their written statement to be reviewed after a finding of responsibility, if applicable, then any response submitted by the other party would be used in the same manner.  Beyond the previous statements, in general, a Reporting Party or Responding Party may not introduce information regarding the character of the other party in their own statements, in the Title IX Report, in additional documentation, or statements submitted. Any statements regarding the character of the Responding Party or Reporting Party included in the Title IX Report made by someone other than themselves will be permanently redacted. The Responding Party and Reporting Party may submit additional documentation or statements regarding their own character to be reviewed by the Board Members as outlined below and with the understanding above that the other party may respond to it.

    • Documentation or statements submitted to the case that include only information regarding a party’s character will only be reviewed by the Board Members in accordance with the following guidelines: 

      • Board members will review character information provided by the Reporting Party and/or Responding Party about themselves and any allowable responses to it, in accordance with the guidelines previously stated.

      • If the Board recommends finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct, the Board will be provided and review the character statements submitted by the Responding Party, Reporting Party, and any responses to those statements by both the Reporting and Responding Parties.

      • If the Board does not recommend finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct but does recommend finding responsible for violating other policies, the Board will only be provided and review the character statements submitted by the Responding Party.

      • If the Board does not recommend finding the Responding Party responsible for violating any policy, the Board will not review any character statement submissions and any response to those statements by both the Reporting and Responding Parties.

    • Documentation or statements submitted by a party that includes information regarding that party’s character and information regarding the alleged violations will be reviewed by the Board Members in accordance with the following guidelines:

      • Board members will review character information provided by the Reporting Party and/or Responding Party about themselves and any allowable responses to it, in accordance with the guidelines previously stated.

      • The Board Members will be provided a version of the submitted documentation that has any information regarding a party’s character redacted; the Board will review the redacted version that includes information regarding the alleged incident in order to make their recommendation of whether the Responding Party is responsible for violating policy.

      • If the Board recommends finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct, the Board will then be provided a version of the submitted documentation that includes the previously redacted statements regarding a party’s character.

      • If the Board does not recommend finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct but does recommend finding responsible for violating other policies, the Board will then be provided a version of the submitted documentation that includes the previously redacted statements regarding the Responding Party’s character.

      • If the Board does not recommend finding the Responding Party responsible for violating any policy the Board will not review the version of the submitted documentation that includes the redacted statements regarding a party’s character.

    • All documentation intended for the members of the Board to review in the adjudication of the case, including any incident or character statements, must be submitted seven days prior to the Case Review. Upon submission of new documentation by either party, the other party will be notified and given the opportunity to review the submission, including any information regarding character and provide information in response to them. Each party must tell their Advisor if they intend for written statements they submit regarding their own character to be reviewed by the Board Members prior to a finding on the issue of responsibility or solely during the sanctioning process, if applicable. If the party identifies their own character statement as intended for the Board Members to review for the Sexual Misconduct Case Review, then the other party will have the opportunity to respond to it in accordance with the guidelines in this process. After the seven day deadline, both parties are allotted three additional days to review the documentation and submit additional information that corresponds directly to documentation submitted which they had not been able to review prior to the seven day deadline. Any documentation submitted after these deadlines will not be admitted; no additional documentation may be submitted at the Case Review.

    • The Office of Student Accountability and Restorative Practices will review all submitted documentation and redact inadmissible information from the version to be reviewed by the Board Members in the case, including the Title IX Report. The Office of Student Accountability and Restorative Practices will redact items that include but may not be limited to:

      • Information regarding a party’s character as outlined above.

      • Information that violates the rights of either party, including references to previous history in the Office of Student Accountability and Restorative Practices and references to intimate relationship(s) or sexual history with other people.

  5. Both parties will have the ability to submit witnesses they intend to have speak at the Sexual Misconduct Case Review and/or written witness statements to be used in the adjudication of the case.

    • Any persons that the Responding Party or Reporting Party intends to have speak as a witness at the Sexual Misconduct Case Review must be submitted to their Advisor via formal submission at least seven days prior to the Sexual Misconduct Case Review. Witnesses who speak at the Sexual Misconduct Case Review can provide information about the alleged incident. Witnesses who speak at the Sexual Misconduct Case Review may not provide their perspective on the character of either party, what they feel the appropriate decision or sanction in the case should be, or information that violates the rights of either party. Witnesses may not also serve as a Support Person or Attorney at the Sexual Misconduct Case Review.

  6. Written witness statements to be used in the adjudication of the case may be submitted up to seven days prior to the Sexual Misconduct Case Review. Written witness statements must be provided to OSARP via formal submission and be signed by the witness; written witness statements can be submitted to the case in lieu of or in addition to presenting at the Sexual Misconduct Case Review. In the Sexual Misconduct Case Review, a Responding Party and Reporting Party are the only parties permitted to introduce information to be used in the determination of responsibility section regarding their own character either in their own statements or in their statements included in the Title IX report. If either party chooses to introduce their own character, the other party will be permitted to respond to what was introduced in written statements, being sure to only respond to what was stated by the party and not to introduce their own characterization of the other party.  If a party stated they only wished their written statement to be reviewed after a finding of responsibility, if applicable, then any response submitted by the other party would be used in the same manner.  Beyond the previous statements, in general, a Reporting Party or Responding Party may not introduce information regarding the character of the other party in their own statements, in the Title IX Report, in additional documentation, or witness statements submitted. Written witness statements submitted by the Responding Party and Reporting Party may include information regarding character to be reviewed by the Board Members as outlined below.

    • Written witness statements submitted to the case that include only information regarding a party’s character will only be reviewed by the Board Members in accordance with the following guidelines:

      • Board members will review character information provided by the Reporting Party and/or Responding Party about themselves and any allowable responses to it, in accordance with the guidelines previously stated.

      • If the Board recommends finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct, the Board will be provided and review the character statements submitted by the Responding Party, Reporting Party, and any responses to those statements.

      • If the Board does not recommend a finding of responsibility for Sexual Misconduct, but does recommend a finding of responsibility for other policy violation(s), then the Board will only be provided and review the character statements submitted by the Responding Party.

      • If the Board does not recommend a finding of responsibility for any violation(s), then the Board will not review any character statement submissions and any response to them by both the Reporting and Responding Parties.

    • Written witness statements submitted by a party that includes information regarding that party’s character and information regarding the alleged violations will be reviewed by the Board Members in accordance with the following guidelines:

      • Board members will review character information provided by the Reporting Party and/or Responding Party about themselves and any allowable responses to it, in accordance with the guidelines previously stated.

      • The Board Members will be provided a version of the submitted documentation that has any information regarding a party’s character redacted; the Board will review the redacted version that includes information regarding the alleged incident in order to make their recommendation of whether the Responding Party is responsible for violating policy.

      • If the Board recommends finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct, the Board will then be provided a version of the submitted documentation that includes the previously redacted statements regarding a party’s character.

      • If the Board does not recommend a finding of responsibility for Sexual Misconduct, but does recommend a finding of responsibility for other policy violation(s), the Board will then be provided a version of the submitted documentation that includes the previously redacted statements regarding the Responding Party’s character.

      • If the Board does not recommend a finding of responsibility for any violation(s), then the Board will not review the version of the submitted documentation that includes the previously redacted statements regarding a party’s character.

    • The Office of Student Accountability and Restorative Practices will review all submitted documentation and redact inadmissible information from the version to be reviewed by the Board Members in the case, including the Title IX Report. The Office of Student Accountability and Restorative Practices will redact items that include but may not be limited to:

      • Information regarding a party’s character as outlined above.

      • Information that violates the rights of either party, including references to previous history in the Office of Student Accountability and Restorative Practices and references to intimate relationship(s) or sexual history with other people.

    • Upon formal submission of a witness(es) or witness statement(s) by the Reporting Party, the Responding Party will be informed of the witness(es) and statements and will be instructed to have “no direct or indirect contact” with the Reporting Party’s witnesses about the information the Reporting Party’s witnesses might or have provided to the Sexual Misconduct Case Review. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. A violation of these instructions may result in an alleged policy violation of J21-100 Non-compliance and/or J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process for the Responding Party depending on the nature of the contact. The no contact orders will remain in place until a final decision is rendered as outlined in Sexual Misconduct Accountability Process.

      Upon formal submission of a witness(es) or witness statement(s) by the Responding Party, the Reporting Party will be informed of the witness(es) and statements and will be instructed to have “no direct or indirect contact” with the Responding Party’s witnesses about the information the Responding Party’s witnesses might or have provided to the Sexual Misconduct Case Review. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. A violation of these instructions may result in an alleged policy violation of J21-100 Non-compliance and/or J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process for the Reporting Party (if a JMU student)depending on the nature of the contact. The no contact orders will remain in place until a final decision is rendered as outlined in Sexual Misconduct Accountability Process.

      Both the Responding Party and Reporting Party will be informed of the Administrative Witness(es) being called in the case. The parties will be instructed to have “no direct or indirect contact” with these witnesses about the information the administrative witnesses might provide to the Sexual Misconduct Case Review. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. A violation of this instruction may result in an alleged policy violation of J21-100 Non-compliance and/or J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process for the Responding Party or the Reporting Party (if a JMU student) depending on the nature of the contact. The no contact orders will remain in place until a final decision is rendered as outlined in the Sexual Misconduct Accountability Process.
  7. A Sexual Misconduct Case Review will be scheduled around the academic schedule of the Responding Party, the academic schedule of the Reporting Party (if a JMU student), and the availability of the Administrative Witness(es).

    • The Office of Student Accountability and Restorative Practices does not compel those called as witnesses to attend and/or participate in the Sexual Misconduct Case Review. It is the responsibility of the Responding Party or Reporting Party to ensure their witnesses attend the Sexual Misconduct Case Review. Witnesses may submit written statements in accordance with deadlines for the submission of information to be used in the adjudication of the case.

    • The decision to postpone a Sexual Misconduct Case Review is solely at the discretion of the Director of Office of Student Accountability and Restorative Practices or designee.

Typically, the Office of Student Accountability and Restorative Practices schedules the Sexual Misconduct Case Review to occur within thirty days of the Responding Party being notified of the alleged policy violation. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

The university may proceed with alleged policy violation(s), the Accountability Process, or the Sexual Misconduct Accountability Process regardless of enrollment if the Responding Party meets the definition of student as listed in the Student Handbook, or have alleged policy violations and/or sanctions remain pending until a Responding Party’s request to re-enroll. In addition, the Office of Student Accountability and Restorative Practices reserves the right to retain information regarding alleged behavior that occurred while a person met the definition of a student and adjudicate the case should the person return to the university as a student.

The decision to proceed or not proceed with the Sexual Misconduct Accountability Process when the Responding Party is not enrolled in classes is at the discretion of the Director of Student Accountability and Restorative Practices or designee and will be based on the severity of the case and the availability and/or preference of relevant persons to the case, including but not limited to the Responding Party, the Reporting Party, Administrative Witnesses, and Office of Student Accountability and Restorative Practices staff members.

Since policy violations occurring through the end of a student’s graduation day may result in alleged policy violations being placed, in cases involving graduating students, the student’s diploma and/or official transcripts may be withheld pending the conclusion of the Accountability Process or the Sexual Misconduct Accountability Process and/or the completion of any outstanding sanctions.

For any student who receives an immediate suspension or expulsion, regardless of academic year, the immediate suspension or expulsion will be deemed effective for the most recent semester the student attended, which may mean a loss of academic credits for that semester. Further, an immediate suspension will begin on the date of the initial case review even if the final decision in the case goes through appeal and review by the Dean of Students or designee.

During the last three weeks of the semester, the decision to proceed or postpone the process will be determined by the Office of Student Accountability and Restorative Practices.

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Sexual Misconduct Case Review

The rights of a Responding Party and Reporting Party participating in a Sexual Misconduct Case Review are delineated in the “Responsibilities and Rights – Sexual Misconduct.”

Responding Parties and Reporting Parties may request that reasonable safety measures be put in place during the Case Review, including but not limited to partitions, teleconferencing, or police presence. Requests for safety measures will be coordinated by their Advisor.

In Sexual Misconduct Case Reviews, Responding Parties and Reporting Parties have a right to a Support Person or Attorney of their choice, provided that person is willing and able to attend the scheduled Sexual Misconduct Case Review. A Support Person or Attorney attending a Sexual Misconduct Case Review may not communicate for or speak on behalf of a party but may provide support or give advice on how to present their party’s case. A person who serves as an Attorney or Support Person at a Sexual Misconduct Case Review may not also serve as a witness at the Sexual Misconduct Case Review or, if applicable, a later Sexual Misconduct Appeal Review.

Allegations of violations of J34-100 Sexual Misconduct will be reviewed in a Sexual Misconduct Case Review by a Board of Case Administrators, consisting of one staff member from the Office of Student Accountability and Restorative Practices who will serve as a voting Board Chair and two faculty or staff members of the Accountability Board. If any member of the Board in a Sexual Misconduct Case Review feels that their previous contact with the case or the parties involved will prevent a fair decision from being rendered, the member must request that they not serve for the Sexual Misconduct Case Review. Upon receiving notification of the Board Members that will be reviewing their case, a Responding Party or Reporting Party may immediately request that a Board Member be replaced if the student can show a bias on the part of the member. In order to do so, a Responding Party or Reporting Party must contact the Director of the Office of Student Accountability and Restorative Practices or designee immediately, setting forth their reasons in writing. The Director of the Office of Student Accountability and Restorative Practices or designee will review all requests. Any decision to remove a Board member and/or to postpone a Sexual Misconduct Case Review is at the discretion of the Director of Office of Student Accountability and Restorative Practices or designee. 

If a Responding Party or Reporting Party fails to appear at a Sexual Misconduct Case Review after being properly notified of its date and time, the Sexual Misconduct Case Review will proceed; the recommendation of whether or not a student is responsible or not will be rendered on the basis of the written documentation, other items submitted as evidence to the case, and the information provided by those in attendance at the Sexual Misconduct Case Review. In such situations, the absent party will be notified of the decision via email. The decision to postpone a Case Review to accommodate a necessary or extreme circumstance is at the discretion of the Director of the Office of Student Accountability and Restorative Practices or designee and will be communicated to each party.

If a witness fails to appear at a Sexual Misconduct Case Review, the Sexual Misconduct Case Review will generally proceed without the witness. The decision to postpone the Case Review to accommodate a witness or to allow the submission of a written witness statement is at the discretion of the Director of Office of Student Accountability and Restorative Practices or designee and will be communicated to the other party with an equal accommodation, if applicable.

Sexual Misconduct Case Reviews will be audio and/or video recorded. Responding Parties and Reporting Parties may not make their own recordings of the Sexual Misconduct Case Review. A Sexual Misconduct Case Review will proceed in accordance with the procedures below. However, Board Members may ask additional questions at any time, including outside of the periods allotted for their questioning. Additionally, the phrase “through the Board Chair” used throughout the following procedures refers to the Board Chair confirming or denying a student’s ability to respond to a question; this confirmation or denial may be verbal or non-verbal. If a Sexual Misconduct Case Review is being conducted for multiple Responding Parties, each Responding Party will be given the allotted time listed and the Reporting Party will be allotted equal time as provided to each of the Responding Parties.

  1. The Board members and participants are introduced.

  2. The statement of the alleged policy violation(s) is presented by the Board Chair.

  3. Procedures for the Case Review are explained; participants state any questions they have concerning rights or procedures.

  4. The Reporting Party is allotted 3 minutes to make an opening statement that outlines the main points of their allegations which may include information regarding the incident and their own character.

  5. The Responding Party is allotted 3 minutes to make an opening statement that outlines the main points of their response to the allegations which may include information regarding the incident and their own character.

  6. Administrative Witnesses will be called individually to share information regarding the allegations.

    • The Board will ask questions they have for each Administrative Witness.

    • The Reporting Party will be allotted 5 minutes to question each Administrative Witness.

    • The Responding Party will be allotted 5 minutes to question each Administrative Witness.

    • The Board may request that an Administrative Witness return at a later point in the Case Review for further clarification.

  7. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  8. The Reporting Party is allotted 20 minutes to share information for the Board to consider in a full statement which may include information regarding the incident and their own character.

  9. The Responding Party is allotted 20 minutes to share information for the Board to consider in a full statement which may include information regarding the incident and their own character.

  10. A scheduled 10 minute break will occur unless all parties agree to continue without a break.

  11. The Board members will ask any questions they have for either the Responding Party or the Reporting Party.

  12. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  13. The Responding Party will be allotted 15 minutes to question the statement(s) shared by the Reporting Party through the Board Chair.

  14. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  15. The Reporting Party will be allotted 15 minutes to question the statement(s) shared by the Responding Party through the Board Chair.

  16. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  17. The Reporting Party will call their witnesses individually.

    • Each witness called by the Reporting Party will be allotted 5 minutes to individually share their statement.

    • At the conclusion of the statement shared by the Reporting Party’s witness, the Reporting Party will be allotted 5 minutes to question their witness.

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party will be allotted 5 minutes to question the Reporting Party’s witness through the Board Chair.

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.

    • Witnesses called by the Reporting Party may provide what they know directly about the alleged incident or what the Reporting Party has told them about the alleged incident. Witnesses called by the Reporting Party may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. A Support Person or Attorney for the Reporting Party may not also serve as a witness at the Sexual Misconduct Case Review or, if applicable, a later Appeal Review.

    • The Board may request that a witness for the Reporting Party return at a later point in the Case Review for further clarification.

  18. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  19. The Responding Party will call their witnesses individually.

    • Each witness called by the Responding Party will be allotted 5 minutes to individually share their statement.

    • At the conclusion of the statement shared by the Responding Party’s witness, the Responding Party will be allotted 5 minutes to question their witness.

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party will be allotted 5 minutes to question the Responding Party’s witness through the Board Chair.

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.

    • Witnesses called by the Responding Party may provide what they know directly about the alleged incident or what the Responding Party has told them about the alleged incident. Witnesses called by the Responding Party may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. A Support Person or Attorney for the Responding Party may not also serve as a witness at the Sexual Misconduct Case Review or, if applicable, a later Appeal Review.

    • The Board may request that a witness for the Responding Party return at a later point in the Case Review for further clarification.

  20. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  21. The Responding Party will be allotted 5 minutes for final questions of the Reporting Party through the Board Chair.

  22. The Reporting Party will be allotted 5 minutes for final questions of the Responding Party through the Board Chair.

  23. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  24. The Board will ask any final questions they have for either the Responding Party or the Reporting Party.

  25. A scheduled 5 minute break will occur unless all parties agree to continue without a break.

  26. The Reporting Party will be allotted 10 minutes to make a closing statement.

    • A closing statement is not permitted to introduce new evidence, but is an opportunity to summarize what the Reporting Party has already shared, their final thoughts, their thoughts moving forward, and any impact statements the Reporting Party wishes to share.

    • If the Reporting Party has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.

  27. The Responding Party will be allotted 10 minutes to make a closing statement.

    • A closing statement is not permitted to introduce new evidence, but is an opportunity to summarize what the Responding Party has already shared, their final thoughts, their thoughts moving forward, and any impact statements the Responding Party wishes to share.

    • If the Responding Party has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.

  28. The Board will enter closed deliberation to determine their recommendations. Recommendations are based on a preponderance of the evidence and determined by a majority vote.

    • The Board will first vote to recommend finding the Responding Party responsible or not responsible for violating policy. In making this recommendation, the Board Members will not have access to the information, documentation, statements, or witness statements submitted regarding either party’s character, except for the Responding Party and Reporting Party’s own statements about their own character and allowable responses to those statements from the other party.

    • If the Board recommends finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct, the Board will be provided and review information regarding character that was withheld in accordance with the Sexual Misconduct Accountability Process.

    • If the Board does not recommend finding the Responding Party responsible for violating JMU Policy J34-100 Sexual Misconduct but does recommend finding responsible for violating other policies, the Board will only be provided and review information submitted by the Responding Party that was withheld in accordance with the Sexual Misconduct Accountability Process.

    • If the Board does not recommend finding the Responding Party responsible for violating any policy, the Board will not review any information regarding character that was withheld in accordance with the Sexual Misconduct Accountability Process.

The Office of Student Accountability and Restorative Practices will concurrently contact the Responding Party and Reporting Party via email with the recommendations rendered at the Sexual Misconduct Case Review and rationales for the violation(s) of Sexual Misconduct by the end of the following business day. If a Responding Party had other alleged violation(s) in addition to Sexual Misconduct, they will receive the recommendations regarding these violation(s) as well.

If neither party submits an appeal of the Board’s recommendations within the timeline set by the procedures listed in the JMU Student Handbook, the Dean of Students or designee shall conduct a final review of all recommendations, rationales, and materials relevant to the case and make a final decision. In this final review and decision, for any policies and sanctions included in the recommendation the Dean of Students or designee may:

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and uphold the recommended sanctions.

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and increase or decrease the severity of the sanctions.

  • Reverse a recommendation of finding the Responding Party responsible for violating policy, instead finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Uphold a recommendation of finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Reverse a recommendation of finding the Responding Party not responsible for violating policy, instead finding the Responding Party responsible for violating policy and assigning sanctions.

  • Order the case to be reheard at a new Sexual Misconduct Case Review. If the Dean of Students or designee determines the case should be reheard at a new Sexual Misconduct Case Review, the new recommendations of responsibility and/or sanctions from the rehearing may be less severe, the same, or more severe than those recommended at the original Sexual Misconduct Case Review.

After the final review by the Dean of Students or designee, the Office of Student Accountability and Restorative Practices will concurrently notify the Responding Party and the Reporting Party of the Dean of Students or designee’s final decision and rationale for the violation(s) of Sexual Misconduct via email. If a Responding Party had other alleged violation(s) in addition to Sexual Misconduct, they will receive the final decision regarding these violation(s) as well.

The Dean of Students or designee’s final review takes place after the Sexual Misconduct Case Review only if an Appeal Review does not occur in the case. In such circumstances, the Dean of Students or designee’s review typically takes place within ten days of the determination that an Appeal Review will not take place. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

In cases where a Responding Party is found responsible for and suspended or expelled for sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, or where a Responding Party withdraws prior to a decision being made in such a case, a notation will be placed on the Responding Party’s transcript for the duration of the suspension or expulsion, or until a decision in the case is made in the case of a withdrawal. Students must contact the Office of Student Accountability and Restorative Practices to have their transcript notation removed in cases of suspension; notations in cases of expulsion are permanent. Such notations will read (as applicable):

  • Expelled for violation of Student Standards of Conduct

  • Suspended for violation of Student Standards of Conduct

  • Withdrew while under investigation for violation of Student Standards of Conduct

A student who knowingly provides falsified or misleading information at a Sexual Misconduct Case Review may receive an alleged policy violation(s) of J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process. An employee may be charged with misconduct under the relevant policies of the university.

A student who discusses the case before the Sexual Misconduct Case Review with any of the witnesses called by the other party, or any Administrative Witness may receive an alleged policy violation(s) of J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process. An employee may be charged with misconduct under the relevant policies of the university.

Sexual Misconduct Case Reviews are closed meetings; the University will maintain confidentiality of all information and decisions, unless required or allowed by law to disclose. The Responding Party and Reporting Party shall receive notice of all rights they are guaranteed through the Sexual Misconduct Accountability Process. In Sexual Misconduct Case Reviews, the technical rules of evidence applicable in civil and criminal cases do not apply.

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Appealing a Sexual Misconduct Case Review

Responding Parties and Reporting Parties have the right to submit a written appeal of the recommendation made at a Sexual Misconduct Case Review within four days of notification of the outcome. If an appeal is submitted, it must be submitted directly by the party requesting the appeal.

Responding Parties and Reporting Parties may request that reasonable safety measures be put in place during the Appeal Review including but not limited to partitions, teleconferencing, or police presence. Requests for safety measures will be coordinated by the Advisor.

Either party may submit an appeal of the recommendation made at a Sexual Misconduct Case on grounds of alleged violation(s) of procedural standards and/or on grounds of new evidence. Appeals from a party on grounds of alleged violation(s) of procedural standards must outline how the university failed to follow the stated process for the adjudication of the alleged violation(s) and how that affected the recommendation. Appeals from a party on grounds of new evidence must introduce evidence that was not available or accessible to the party at the time of the Sexual Misconduct Case Review or only relevant to refute information shared for the first time at the Sexual Misconduct Case Review. The Associate Dean of Students or designee will evaluate the submitted appeal and determine if an Appeal Review will be granted; appeals that do not meet these criteria will be denied. Typically, this evaluation by the Associate Dean of Students or designee takes place within ten days of the deadline for submission of a written appeal. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

If an appeal is submitted by the Responding Party and/or Reporting Party and neither party is granted an Appeal Review by the Associate Dean of Students or designee, the Dean of Students or designee will conduct a final review of all recommendations, rationales, and materials relevant to the case and make a final decision.

The Dean of Students or designee’s final review takes place after the Sexual Misconduct Case Review only if an Appeal Review does not occur in the case. In such circumstances, the Dean of Students or designee’s review typically takes place within ten days of the determination that an Appeal Review will not take place. If an Appeal Review is granted in the case, the Dean of Students or designee’s final review takes place after the Appeal Review has occurred as outlined in this section, typically within ten days of the Appeal Review. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

In this final review and decision, for any findings for any violation of policy(s) and sanction(s) included in the recommendation the Dean of Students or designee may:

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and uphold the recommended sanctions.

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and increase or decrease the severity of the sanctions.

  • Reverse a recommendation of finding the Responding Party responsible for violating policy, instead finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Uphold a recommendation of finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Reverse a recommendation of finding the Responding Party not responsible for violating policy, instead finding the Responding Party responsible for violating policy and assigning sanctions.

  • Order the case to be reheard at a new Sexual Misconduct Case Review. If the Dean of Students or designee determines the case should be reheard at a new Sexual Misconduct Case Review, the new recommendations of responsibility and/or sanctions from the rehearing may be less severe, the same, or more severe than those recommended at the original Sexual Misconduct Case Review.

  • When conducting a final review of a case that was granted an Appeal Review, order a new Appeal Review to be conducted in the case. If the Dean of Students or designee determines the case should be reheard at an Appeal Review, the ability of the Board to recommend sanctions more or less severe than those recommended at the Sexual Misconduct Case Review is determined by the party who was granted an appeal as outlined in the Appeal Process.

After the review by the Dean of Students or designee, the Office of Student Accountability and Restorative Practices will concurrently notify the Responding Party and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision and rationale for the violation(s) of Sexual Misconduct via email. If a Responding Party had other alleged violation(s) in addition to Sexual Misconduct, they will receive the final decision regarding these violation(s) as well.

If an appeal is submitted by the Responding Party or the Reporting Party and an Appeal Review is granted by the Associate Dean of Students or designee, the other party will be given four days to submit a written response to the appeal. If an appeal is submitted by both parties and both are granted an Appeal Review by the Associate Dean of Students or designee, both parties will be given four days to submit a written response to the appeal. If there are alleged policy violations other than J34-100 Sexual Misconduct in a case and a Responding Party submits an appeal that is not contesting the J34-100 Sexual Misconduct alleged violation(s) and an Appeal Review is granted, the Reporting Party will not be given the opportunity to provide a written response to the appeal.

If an Appeal Review is granted by the Associate Dean of Students or designee as stated in the Sexual Misconduct Accountability Process, the Office of Student Accountability and Restorative Practices typically schedules the Appeal Review to occur within twenty days of notifying the parties in a case that an Appeal Review has been granted. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline. Additionally, the phrase “through the Board Chair” used throughout the following procedures refers to the Accountability Board Chair confirming or denying a student’s ability to respond to a question; this confirmation or denial may be verbal or non-verbal.

For Appeal Reviews, the Appeal Board will be composed of three faculty and/or staff members of the Accountability Board. One of the faculty or staff members, in addition to being a voting member, will also serve as the Board Chair. If any member of the Appeal Board feels that their previous contact with the case or the parties involved will prevent a fair decision from being rendered, the member must request that they not serve for the Sexual Misconduct Case Review. Upon receiving notification of the Appeal Board members that will be reviewing their case, a Responding Party or Reporting Party may immediately request that a member serving on the Appeal Board be excused if the student can show a bias on the part of the member. In order to make such a request, a Responding Party or Reporting Party must contact the Director of the Office of Student Accountability and Restorative Practices immediately, setting forth their reasons in writing. The Director of the Office of Student Accountability and Restorative Practices or designee will review all requests. Any decision to remove a Board member and/or to postpone a Sexual Misconduct Appeal Review is at the discretion of the Director of Office of Student Accountability and Restorative Practices or designee.

Appeal Boards will review the written documentation, other items submitted as evidence, the information provided by those in attendance at the Sexual Misconduct Case Review, the written appeal, any submitted responses, and the recording of the Sexual Misconduct Case Review. Initially, information regarding the character of the Responding Party and Reporting Party that was withheld during the Sexual Misconduct Case Review prior to a finding of responsibility will also be withheld from the Appeal Board, unless the character information is material to the granted appeal. If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider in the sanctioning process. If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information. If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information submitted by the Responding Party to consider in the sanctioning process.

In cases where both the Reporting Party and Responding Party are granted an Appeal Review, there will be one Appeal Review held to make one recommendation in the case. In cases where an appeal is granted based on the grounds of both procedural standard violation(s) and new evidence, the Appeal Board will evaluate both claims in a single Appeal Review. The determinations and recommendations rendered at an Appeal Review are determined by a majority vote of the Appeal Board Members.

If an Appeal Review is granted by the Associate Dean of Students or designee based on violation(s) of procedural standards, the Appeal Review will generally proceed in accordance with the procedure below:

  1. The Appeal Board will first determine whether or not a violation of procedural standards occurred as outlined in the arguments raised in the granted appeal.

    • If the Appeal Board determines that no violation of procedural standards occurred, the recommendation rendered at the Sexual Misconduct Case Review will stand.

  2. If the Appeal Board determines that a violation of procedural standards occurred, the Board will then determine if the violation of procedural standards warrants an alteration of the recommendation made at the Sexual Misconduct Case Review. Only violations that can reasonably be said to have materially affected the interests of the party granted an Appeal Review are to be grounds for the alteration of the recommendation made at the Sexual Misconduct Case Review.

    • If the Appeal Board determines that the procedural standards violation was not significant enough to warrant an alteration of the recommendation made at the Sexual Misconduct Case Review, the recommendation will stand.

  3. If the Appeal Board determines that the violation of procedural standards was significant enough to warrant an alteration to the recommendation made at the Sexual Misconduct Case Review, the Board will first vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as recommended at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

    • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

    • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

  4. After the Appeal Board’s review of the relevant and previously withheld character information, the Appeal Board will vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review and, if applicable, determine their recommendations for sanctions to submit to the Dean of Students or designee for final review.

If an Appeal Review is granted only to the Responding Party based on their submission of a written appeal alleging procedural standards violations and/or new evidence, the Appeal Board may not recommend sanctions more severe than those that were recommended at the Sexual Misconduct Case Review. If an Appeal Review is granted only to the Reporting Party based on their submission of a written appeal alleging procedural standards violations and/or new evidence, the Appeal Board may recommend sanctions more severe than those that were recommended at the Sexual Misconduct Case Review. If an Appeal Review is granted to both the Responding Party and the Reporting Party based on their submission of their written appeals alleging procedural standards violations and/or new evidence, the Appeal Board may recommend sanctions more severe than, less severe than, or the same sanctions as those that were recommended at the Sexual Misconduct Case Review.

If an Appeal Review is granted due to an appeal based on new evidence, either party may choose to present their evidence, statement, or response to the evidence or statement in person to the Appeal Board; each party has the opportunity to attend and question or respond to the new evidence or statement provided. Appeal Reviews granted based on new evidence will be arranged around both the Responding Party’s and the Reporting Party’s academic schedules and their participation will be audio and/or video recorded; deliberation of the Board will not be recorded.

In Appeal Reviews based on new evidence when parties present to the Appeal Board, Responding Parties and Reporting Parties have a right to a Support Person or Attorney of their choice provided that person is willing and able to attend the scheduled Appeal Review. An Attorney or Support Person attending an Appeal Review may not communicate for or speak on behalf of a party but may give advice on how to present their case.

An Appeal Review based on new evidence where one party is granted an Appeal Review and the Responding Party and Reporting Party are both in attendance will generally proceed in accordance with the procedure below:

  1. The Board members and participants are introduced.

  2. Information is presented by the party granted an Appeal Review solely about the new evidence in the case. The Board members may ask questions about the new evidence to either party. The other party, through the Board Chair, may ask questions about the new evidence.

  3. If applicable, the party granted an Appeal Review will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party granted an appeal. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The Board members may ask questions. The other party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  4. Information is presented by the other party solely about the new evidence in the case. The Board members may question this party about the new evidence. The Board members may ask questions about the new evidence to either party. The party granted the Appeal Review, through the Board Chair, may ask questions.

  5. If applicable, the other party will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party calling them as a witness. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The Board members may ask questions. The party granted an appeal, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  6. The Board members may ask final questions of the Responding Party and/or Reporting Party about the new evidence.

  7. The Responding Party, Reporting Party, and Attorney/Support Persons will leave; the Appeal Board will enter closed deliberation.

  8. The Appeal Board will deliberate and develop their recommendations using the following procedures:

    • The Appeal Board will vote to determine if the new evidence and any response presented as a part of the appeal is significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence in the case.

    • The Appeal Board will then vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as rendered at the Sexual Misconduct Case Review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

      • After the Appeal Board’s review of the relevant and previously withheld character information, the Appeal Board will vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review and, if applicable, determine their recommendations for sanctions to submit to the Dean of Students or designee for final review.

 

An Appeal Review based on new evidence where one party is granted an Appeal Review and that party is the only party that chooses to attend will generally proceed in accordance with the procedure below:

  1. The Board members and participants are introduced.

  2. Information is presented by the party granted an Appeal Review solely about the new evidence in the case. The Board members may ask questions about the new evidence.

  3. If applicable, the party granted an Appeal Review will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party granted an appeal. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The Board members may ask questions.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  4. If applicable, witnesses called by the other party will be called individually.

    • Each witness called will individually share their statement on the new evidence. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  5. The Board members may ask final questions of the party in attendance about the new evidence.

  6. The Appeal Board will enter closed deliberation; all parties in attendance other than the Board will leave the room.

  7. The Appeal Board will deliberate and develop their recommendations using the following procedures:

    • The Appeal Board will vote to determine if the new evidence and any response presented as a part of the appeal is significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence in the case.

    • The Appeal Board will then vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as rendered at the Sexual Misconduct Case Review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

      • After the Appeal Board’s review of the relevant and previously withheld character information, the Appeal Board will vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review and, if applicable, determine their recommendations for sanctions to submit to the Dean of Students or designee for final review.

 

 An Appeal Review based on new evidence where one party is granted an Appeal Review and chooses not to attend, but the other party does, will generally proceed in accordance with the procedure below:

  1. The Board members and participants are introduced.

  2. Information is presented by the attending party solely about the new evidence in the case. The Board members may question this party about the new evidence. 

  3. If applicable, witnesses called by the party granted an Appeal Review will be called individually.

    • Each witness called will individually share their statement on the new evidence. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  4. If applicable, the attending party will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  5. The Board members may ask final questions of the attending party about the new evidence or their response to the new evidence.

  6. The Appeal Board will enter closed deliberation; all parties attending other than the Board will leave the room.

  7. The Appeal Board will deliberate and develop their recommendations using the following procedures:

    • The Appeal Board will vote to determine if the new evidence and any response presented as a part of the appeal is significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence in the case.

    • The Appeal Board will then vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as rendered at the Sexual Misconduct Case Review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

      • After the Appeal Board’s review of the relevant and previously withheld character information, the Appeal Board will vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review and, if applicable, determine their recommendations for sanctions to submit to the Dean of Students or designee for final review.

 

An Appeal Review based on new evidence where both parties are granted an Appeal Review and both parties are in attendance will generally proceed in accordance with the procedure below:

  1. The Board members and participants are introduced.

  2. Information is presented by the Responding Party solely about the new evidence in the case. The Board members may ask questions about the new evidence to either party. The Reporting Party, through the Board Chair, may ask questions about the new evidence.

  3. If applicable, the Responding Party will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party calling them as a witness. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party, or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  4. Information is presented by the Reporting Party solely about the new evidence in the case. The Board members may question the Reporting Party about the new evidence. The Board members may ask questions about the new evidence to either party. The Responding Party, through the Board Chair, may ask questions.

  5. If applicable, the Reporting Party will call their witnesses individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party calling them as a witness. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  6. The Board members may ask final questions of the Responding Party and/or Reporting Party about the new evidence.

  7. The Responding Party, Reporting Party, and Attorney/Support Persons will leave; the Appeal Board will enter closed deliberation.

  8. The Appeal Board will deliberate and develop their recommendations using the following procedures:

    • The Appeal Board will vote to determine if the new evidence and any response presented as a part of the Appeal is significant enough to change the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence in the case.

    • The Appeal Board will then vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as rendered at the Sexual Misconduct Case Review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

      • After the Appeal Board’s review of the relevant and previously withheld character information, the Appeal Board will vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review and, if applicable, determine their recommendations for sanctions to submit to the Dean of Students or designee for final review.

 

An Appeal Review based on new evidence where both parties are granted an Appeal Review and only one party is in attendance will generally proceed in accordance with the procedure below:

  1. The Board members and participants are introduced.

  2. Information is presented by the attending party solely about the new evidence in the case. The Board members may question this party about the new evidence. 

  3. If applicable, witnesses called by the attending party will be called individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party calling them as a witness. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  4. If applicable, witnesses for the non-attending party will be called individually.

    • Each witness called will individually share their statement on the new evidence and be questioned by the party calling them as a witness. Witnesses may provide what they know directly about the alleged incident or what the party that called them has told them about the alleged incident. Witnesses may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. The attending party, through the Board Chair, may question each witness about the new evidence.

    • A Support Person or Attorney for either party may not also serve as a witness at the Appeal Review. A person who served as a Support Person or Attorney at the Sexual Misconduct Case Review cannot serve as a witness at the Appeal Review.

    • At the conclusion of the statement and questions for each witness, the witness will leave.

  5. The Board members may ask final questions of the party in attendance about the new evidence or their response to the new evidence.

  6. The Appeal Board will enter closed deliberation; all parties in attendance other than the Board will leave the room.

  7. The Appeal Board will deliberate and develop their recommendations using the following procedures:

    • The Appeal Board will vote to determine if the new evidence and any response presented as a part of the Appeal is significant enough to alter the recommendations made at the Sexual Misconduct Case Review, considering the totality of the evidence in the case.

    • The Appeal Board will then vote to uphold or alter the recommendations of whether or not the Responding Party is responsible for violating policy as rendered at the Sexual Misconduct Case Review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party responsible for violating J34-100 Sexual Misconduct, the Appeal Board will receive the previously withheld character information to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation for finding the Responding Party responsible for violating only policies other than J34-100 Sexual Misconduct, the Appeal Board will only receive the previously withheld character information provided by the Responding Party to consider when determining their recommendations to submit to the Dean of Students or designee for final review.

      • If the Appeal Board upholds or renders a recommendation of finding the Responding Party not responsible for violating J34-100 Sexual Misconduct, the Appeal Board will not receive the previously withheld character information.

 

The Dean of Students or designee will conduct a final review and render a final decision in the case as outlined in the Sexual Misconduct Accountability Process. The Office of Student Accountability and Restorative Practices will concurrently notify the Responding Party and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision and rationale for the violation(s) of Sexual Misconduct via email. If a Responding Party had other alleged violation(s) in addition to Sexual Misconduct, they will receive the final decision regarding these violation(s) as well.

In cases where a Responding Party is found responsible for and suspended or expelled for sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent and is suspended or expelled, or where a Responding Party withdraws prior to a decision being made in such a case, a notation will be placed on the Responding Party’s transcript for the duration of the suspension or expulsion, or until a decision in the case is made in the case of a withdrawal. Students must contact the Office of Student Accountability and Restorative Practices to have their transcript notation removed in cases of suspension; notations in cases of expulsion are permanent. Such notations will read (as applicable):

  • Expelled for violation of Student Standards of Conduct

  • Suspended for violation of Student Standards of Conduct

  • Withdrew while under investigation for violation of Student Standards of Conduct

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