Investigation, Charge 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 Title IX Staff to explore and understand their options and resources. The Title IX Staff will determine the applicability of the policy to the allegation and conduct an investigation in accordance with JMU Policy 1340. In order for the Office of Student Accountability and Restorative Practices to place a charge against an Accused Student for allegedly violating JMU Policy J34-100 Sexual Misconduct, an investigation as outlined in JMU Policy 1340 must take place.  Upon completion of the investigation, the Reporting Party may authorize the Office of Student Accountability and Restorative practices to charge the Accused Student with allegedly violating JMU Policy J34-100 Sexual Misconduct and the case will then be adjudicated through the Sexual Misconduct Accountability Process. In circumstances that threaten the safety of the campus and community, the Office of Student Accountability and Restorative Practices may charge an Accused Student 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. This Sexual Misconduct Accountability Process is separate and distinct from the Accountability Process; the Sexual Misconduct Accountability Process is initiated when any of the alleged behaviors reported allegedly violate J34-100 Sexual Misconduct.

Student Reporting Parties who report sexual misconduct will not be charged with violations of J38-101 Alcohol or J38-102 Drugs, even if these substances were involved. Student witnesses called by the Reporting Party or the Accused Student as a part of the investigation or adjudication of an allegation will not be charged with violations of J38-101 Alcohol or J38-102 Drugs, even if these substances were involved.

Upon receiving relevant details gathered during the investigation conducted by the Title IX Staff in accordance with JMU Policy 1340, the Office of Student Accountability and Restorative Practices may place a charge against the Accused Student(s) and initiate the Sexual Misconduct Accountability Process in accordance with the following procedures:

  1. The Accused Student will be notified of the charge(s).

    • In accordance with JMU Policy 1209, proper notification of a charge 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 charge will state the relevant policy or policies for the alleged violation(s).

  2. No contact orders will be put in place.

    • When the Accused Student is informed of the charges, he or she 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 a charge of J21-100 Non-compliance with an Official Request for the Accused Student.

    • When the Accused Student is informed of the charges, the Reporting Party will be instructed to have “no direct or indirect contact” with the Accused Student.  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 a charge of J21-100 Non-compliance with an Official Request for a student Reporting Party or a charge of misconduct for a Faculty or Staff member.

  3. An advising meeting will be set for both parties in the case.

    • Both Reporting Parties and Accused Students 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 and help them understand the rights afforded to them.

    • The Office of Student Accountability and Restorative Practices will set an appointment based on the student’s academic schedule where the Reporting Party and Accused Student will meet individually with their advisor to ensure that they understand the Sexual Misconduct Accountability Process and the rights afforded to them. Accused Students and Reporting Parties may have an attorney or support person 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 documentation to the case file to be used in the adjudication of the allegation. Access to the case file will be coordinated by the Advisor and/or the OSARP Office Manager.

    • Initially, the documentation included in the case file will be the information gathered and compiled by Title IX Staff during the investigation conducted in accordance with JMU Policy 1340.

    • Both parties have the opportunity to submit additional documentation to the case file. Upon submission of new documentation by either party, the other party will be notified and given the opportunity to review the submission. All documentation intended for the members of the board to review in the adjudication of the case must be submitted seven days prior to the case review. Both parties will then be given three additional days to review the case file and submit documentation that corresponds directly to evidence they had not been able to review prior to the seven day deadline. New documents not submitted by these deadlines will not be admitted to the case file; no additional documentation may be submitted at the case review.

  5. Both parties will have the ability to submit witnesses or witness statements.

    • Any person that the Reporting Party or Accused Student wishes to speak at the case review as a witness must be submitted to their Advisor; names of all witnesses must be submitted seven days prior to the case review. Witness statements to be included in the case file may be submitted up to seven days prior to the case review.

    • Witnesses can provide information relevant to the case, including but not limited to what they know about the alleged incident and their knowledge of the party that called them as a witness. Witnesses may not provide their perspective on the character of the other party, nor what they feel the appropriate decision or sanction in the case should be. Witnesses may not also serve as a support person or attorney at the Sexual Misconduct Case Review.

    • Upon receipt of names of witnesses submitted by the Reporting Party, the Accused Student will be informed of the witnesses and may be instructed to have “no direct or indirect contact” with the Reporting Party’s witnesses about the case. 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 a charge of J21-100 Non-compliance with an Official Request and/or J18-100 Interference or Retaliation for Exercising or Participating in the Accountability, Honor Council, or Title IX Process for the Accused Student.

    • Upon receipt of names of witnesses submitted by the Accused Student, the Reporting Party will be informed of the witnesses and may be instructed to have “no direct or indirect contact” with the Accused Student’s witnesses about the case. 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 a charge of J21-100 Non-compliance with an Official Request and/or J18-100 Interference or Retaliation for Exercising or Participating in the Accountability, Honor Council, or Title IX Process (for a student Reporting Party) or a charge of misconduct (for a Faculty or Staff member Reporting Party).

    • Both the Accused Student and Reporting Party will be informed of the Administrative Witnesses being called in the case. The parties may be instructed to have “no direct or indirect contact” with these witnesses about the case. 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 a charge of J21-100 Non-compliance with an Official Request or J18-100 Interference or Retaliation for Exercising or Participating in the Accountability, Honor Council, or Title IX Process.

  6. A Sexual Misconduct Case Review will be scheduled around the academic schedule of the Accused Student, the academic schedule of the Reporting Party, and the availability of the Administrative Witnesses.

    • The Office of Student Accountability and Restorative Practices does not compel those called as witnesses to attend the case review. It is the responsibility of the Accused Student or Reporting Party to ensure that their witnesses attend as applicable. Witnesses may submit written statements in accordance with deadlines for the submission of documentation to the case file.

    • 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 Accused Student being notified of the charge. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

The university may proceed with charges and the Sexual Misconduct Accountability Process regardless of enrollment status of the Accused Student, or have charges and/or sanctions remain pending until an Accused Student’s request to re-enroll. In most circumstances, the university will not proceed with the Sexual Misconduct Accountability Process during a period in which an Accused Student is not actively enrolled in classes. The decision to proceed or not proceed with the Sexual Misconduct Accountability Process when the Accused Student 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 Accused Student, the Reporting Party, Administrative Witnesses, and Office of Student Accountability and Restorative Practices staff members. If the Accused Student is enrolled in classes and relevant persons to the case are available, the Office of Student Accountability and Restorative Practices will proceed with the Sexual Misconduct Accountability Process.

Since policy violations occurring through the end of a student’s graduation day may result in charges being brought, in cases involving graduating students, the student’s diploma and/or official transcripts may be withheld pending the conclusion of the Sexual Misconduct Accountability Process and/or the completion of any outstanding sanctions. In addition, for these cases, if the sanction is immediate suspension or expulsion, it will be deemed effective for the most recent semester the student attended.

For cases alleging sexual misconduct where the case review occurs 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 an Accused Student and Reporting Party participating in a Sexual Misconduct Case Review are delineated in the “Responsibilities and Rights – Sexual Misconduct.”

Accused Students 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 the Advisor.

In Sexual Misconduct Case Reviews, Accused Students 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. An attorney or support person attending a Sexual Misconduct Case Review may not actively represent a party but may provide support to a party or give advice on how to present his or her 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 he or she not serve for the Sexual Misconduct Case Review. Upon receiving notification of the board members that will be reviewing their case, an Accused Student or Reporting Party may immediately request that a member serving on the board be excused if the student can show a bias on the part of the member. In order to do so, an Accused Student or Reporting Party must contact the Director of the Office of Student Accountability and Restorative Practices immediately, setting forth his or her 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 an Accused Student or Reporting Party fails to appear at a Sexual Misconduct Case Review after being properly notified of its date and time, the case will be heard on the basis of the information accumulated in the case file and as a result of the information provided by those present. In such situations, the absent party will be notified of the decision via email. 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 for any reason or to allow the submission of a written witness statement to the case file is at the discretion of the Director of Office of Student Accountability and Restorative Practices or designee. 

Sexual Misconduct Case Reviews will be audio and/or video recorded. Accused Students 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. If a Sexual Misconduct Case Review is being conducted for multiple Accused Students, each Accused Student will be given the allotted time listed and the Reporting Party will be allotted equal time as provided to all the Accused Students.

  1. The Board members and participants are introduced.

  2. The statement of the charges 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 20 minutes to provide his or her perspective in a statement.

  5. The Accused Student is allotted 20 minutes to provide his or her perspective in a statement.

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

  7. The Board members will ask any questions they have for either the Accused Student or the Reporting Party.

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

  9. The Accused Student will be allotted 15 minutes to question the perspective shared by the Reporting Party through the Board Chair.

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

  11. The Reporting Party will be allotted 15 minutes to question the statement shared by the Accused Student through the Board Chair.

  12. Administrative Witnesses will be called individually to share their perspective.

    • 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 Accused Student 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.

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

  14. The Reporting Party will call his or her witnesses individually.

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

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

    • At the conclusion of the Reporting Party’s questions for his or her witness, the Accused Student will be allotted 5 minutes to question the Reporting Party’s witness through the Board Chair.

    • At the conclusion of the Accused Student’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 about the alleged incident or their knowledge of the Reporting Party. Witnesses called by the Reporting Party may not provide their perspective on the character of the Accused Student, nor what they feel the appropriate decision or sanction in the case should be. A support person or attorney for the Accused Student may not also serve as a witness at the Sexual Misconduct Case Review.

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

    • The Board Chair shall have the authority to limit the number of witnesses in order to avoid unreasonable delays, where the information would be repetitious or unnecessary, or does not contribute positively to the fair review of the case.

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

  16. The Accused Student will call his or her witnesses individually.

    • Each witness called by the Accused Student will be allotted 5 minutes to individually share their perspective in a statement.

    • At the conclusion of the statement shared by the Accused Student’s witness, the Accused Student will be allotted 5 minutes to question his or her witness.

    • At the conclusion of the Accused Student’s questions for his or her witness, the Reporting Party will be allotted 5 minutes to question the Accused Student’s witness through the Board Chair.

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

    • Witnesses called by the Accused Student may provide what they know about the alleged incident or their knowledge of the Accused Student. Witnesses called by the Accused Student may not provide their perspective on the character of the Reporting Party, nor what they feel the appropriate decision or sanction in the case should be. A support person or attorney for the Accused Student may not also serve as a witness at the Sexual Misconduct Case Review.

    • The Board may request that a witness for the Accused Student return at a later point in the case review for further clarification.

    • The Board Chair shall have the authority to limit the number of witnesses in order to avoid unreasonable delays, where the information would be repetitious or unnecessary, or does not contribute positively to the fair review of the case.

  17. The Accused Student will be allotted 5 minutes for final questions of the Reporting Party through the Board Chair.

  18. The Reporting Party will be allotted 5 minutes for final questions of the Accused Student through the Board Chair.

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

  20. The Board will ask any final questions they have for either the Accused Student or the Reporting Party.

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

  22. The Accused Student 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 Accused Student has already shared, his or her final thoughts, his or her thoughts moving forward, and any impact statements the Accused Student wishes to share.

    • If the Accused Student has a written closing statement he or she intends to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.

  23. 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, his or her final thoughts, his or her thoughts moving forward, and any impact statements the Reporting Party wishes to share.

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

  24. All persons are excused from the board room while the Board determines their recommendation regarding responsibility and, if applicable, sanctions. The Board will consider only the information introduced in the Sexual Misconduct Case Review and case file. The decision of responsibility is based on the preponderance of the evidence and is determined by a majority vote.

  25. The Board will concurrently provide to the Accused Student and Reporting Party their recommendation of whether or not the Accused Student is responsible for violating policy and, if applicable, recommended sanctions they intend to communicate to the Dean of Students or designee for review.

After receiving the Board’s recommendations regarding responsibility and, if applicable, sanctioning, information on the process for submitting an appeal of the Board’s recommendations will be reviewed with the Accused Student and Reporting Party by their advisors.

If the 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 will review the Board’s recommendations and all materials relevant to the case and may:

  • Uphold the Board’s recommendations of whether or not the Accused Student is responsible for violating policy and, if applicable, sanctions

  • Affirm the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  • Alter the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  • Have the case 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 by the original board.

After the review by the Dean of Students or designee, the Office of Student Accountability and Restorative Practices will notify the Accused Student and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision. Typically, the review conducted by the Dean of Students or designee takes place within ten days of the Sexual Misconduct Case Review. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

In cases where an Accused Student is found responsible for and suspended or expelled for physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, or where an accused student withdraws prior to a decision being made in such a case, a notation will be placed on the accused student’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 be charged additionally with a violation J18-100 Interference with or Retaliation for Exercising or Participating in the Accountability, Honor Council, or Title IX 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 be charged additionally with a violation of J18-100 Interference with or Retaliation for Exercising or Participating in the Accountability, Honor Council, or Title IX 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. The Accused Student 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

Accused Students and Reporting Parties have the right to submit a written appeal of the decision made at a Sexual Misconduct Case Review within four days of the date the Sexual Misconduct Case Review occurred. Typically, the Office of Student Accountability and Restorative Practices schedules the Appeal Review to occur within twenty days of Sexual Misconduct Case Review. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

An Accused Student may appeal the decision made at a Sexual Misconduct Case Review based on a violation of due process or new evidence. Appeals from an Accused Student based on due process must outline how the university failed to follow the stated process for the adjudication of the charge and how that affected the decision. Appeals from an Accused Student based on new evidence must introduce evidence that was not available or accessible to the Accused Student at the time of the Sexual Misconduct Case Review. If an appeal is submitted, it must be done submitted directly by the Accused Student. The Director of the Office of Student Accountability and Restorative Practices or designee will review the submitted appeal and determine if an appeal review will be granted to the Accused Student based on these criteria. Appeals that do not meet these criteria will be denied.

A Reporting Party may appeal the decision made at a Sexual Misconduct Case Review on the charge of J34-100 Sexual Misconduct based on a violation of due process or new evidence. Appeals from a Reporting Party based on due process must outline how the university failed to follow the stated process for the adjudication of the charge and how that affected the decision. Appeals from a Reporting Party based on new evidence must introduce evidence that was not available or accessible to the Reporting Party at the time of the Sexual Misconduct Case Review. If an appeal is submitted, it must be submitted directly by the Reporting Party. The Director of the Office of Student Accountability and Restorative Practices or designee will review the submitted appeal and determine if an appeal review will be granted to the Reporting Party based on these criteria. Appeals that do not meet these criteria will be denied.

If an appeal is submitted by the Accused Student and/or Reporting Party and neither party is granted an Appeal Review by the Director of the Office of Student Accountability and Restorative Practices or designee, the Dean of Students or designee shall conduct a final review of the recommendations made at the Sexual Misconduct Case Review. The Dean of Students or designee will review the Board’s recommendations and all materials relevant to the case and may:

  • Uphold the Board’s recommendations of whether or not the Accused Student is responsible for violating policy and, if applicable, sanctions

  • Affirm the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  •  Alter the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  • Have the case 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 by the original board.

After the review by the Dean of Students or designee, the Office of Student Accountability and Restorative Practices will notify the Accused Student and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision. Typically, the review conducted by the Dean of Students or designee takes place within ten days of the Sexual Misconduct Case Review. 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 Accused Student or the Reporting Party and an appeal review is granted by the Director of Office of Student Accountability and Restorative Practices 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 Director of Office of Student Accountability and Restorative Practices or designee, both parties will be given seven days to submit a written response to the appeal.  If there are charges other than Sexual Misconduct in a case and an Accused Student submits an appeal that is not contesting the Sexual Misconduct charge(s) and an appeal review is granted, the reporting party will not be given the opportunity to provide a written response to the appeal.

For appeal reviews in cases alleging Sexual Misconduct, 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, an Accused Student 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, an Accused Student or Reporting Party must contact the Director of the Office of Student Accountability and Restorative Practices immediately, setting forth his or her 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 case file, the written appeal, any submitted responses, and the recording of the Sexual Misconduct Case Review. In cases where both the Reporting Party and Accused Student are granted an appeal review, there will be one appeal review held to make one final decision in the case.

If an Appeal Review is granted by the Director of Office of Student Accountability and Restorative Practices or designee based on due process, the Appeal Board will first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review. If the Appeal Board upholds the recommendations of whether or not the Accused Student is responsible for violating policy, it will then 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 approval. If the Appeal Board alters the recommendation of whether or not the Accused Student is responsible for violating policy, it will then 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 approval.

Recommendations of the Appeal Board for appeal reviews granted based on due process will be determined by a majority vote. If an Appeal Review is granted only to the Accused Student based on his or her submission of a written appeal alleging due process violations, the Appeal Board may not recommend sanctions more severe than were recommended at the Sexual Misconduct Case Review. If an Appeal Review is granted only to the Reporting Party based on his or her submission of a written appeal alleging due process violations, the Appeal Board may recommend sanctions more severe than were recommended at the Sexual Misconduct Case Review. If an Appeal Review is granted to both the Accused Student and the Reporting Party based on their submission of their written appeals alleging due process violations, the Appeal Board may recommend sanctions more severe than, less severe than, or the same sanctions as 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, testimony, or response to the evidence or testimony in person to the board; each party has the opportunity to be present and question or respond to the new evidence or testimony provided. Appeal Reviews granted based on new evidence will be arranged around both the Accused Student’s and the Reporting Party’s academic schedules and their participation will be recorded; deliberation of the board will not be recorded.

In Appeal Reviews based on new evidence when parties present to the appeal board, Accused Students and Reporting Parties have a right to a support person or attorney of his or her 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 actively represent a party but may give advice on how to present his or her case.

Accused Students 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.

An Appeal Review based on new evidence where one party is granted an Appeal Review and the Accused Student 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 his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the party granted an appeal. The board members may ask questions. The other party, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony 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 his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the party calling them as a witness. The board members may ask questions. The party granted an appeal, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

  6. The board members may ask final questions of the Accused Student and/or Reporting Party about the new evidence.

  7. The Accused Student, 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 first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or alters the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review, it will then vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review as applicable.

    • Decisions of the Appeal Board will be determined by a majority vote.

    • If a Sexual Misconduct Appeal Review is granted only to the Accused Student based on his or her submission of a written appeal, the Appeal Board may not recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review.

    • If a Sexual Misconduct Appeal Review is granted only to the Reporting Party based on his or her submission of a written appeal, the Appeal Board may recommend more severe sanctions than were recommended at the Sexual Misconduct Case 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 his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the party granted an appeal. The board members may ask questions.

    • A support person or attorney for the 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 testimony 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 testimony on the new evidence. The board members may ask questions. The present party, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

  5. The board members may ask final questions of the party present about the new evidence.

  6. The Appeal Board will enter closed deliberation; all parties present 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 first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or alters the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review, it will then vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review as applicable.

    • Decisions of the Appeal Board will be determined by a majority vote.

    • If a Sexual Misconduct Appeal Review is granted only to the Accused Student based on his or her submission of a written appeal, the Appeal Board may not recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review.

    • If a Sexual Misconduct Appeal Review is granted only to the Reporting Party based on his or her submission of a written appeal, the Appeal Board may recommend more severe sanctions than were recommended at the Sexual Misconduct Case 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 present 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 testimony on the new evidence. The board members may ask questions. The present party, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

  4. If applicable, the present party will call his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the present party. The board members may ask questions.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

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

  6. The Appeal Board will enter closed deliberation; all parties present 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 first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or alters the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review, it will then vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review as applicable.

    • Decisions of the Appeal Board will be determined by a majority vote.

    • If a Sexual Misconduct Appeal Review is granted only to the Accused Student based on his or her submission of a written appeal, the Appeal Board may not recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review.

    • If a Sexual Misconduct Appeal Review is granted only to the Reporting Party based on his or her submission of a written appeal, the Appeal Board may recommend more severe sanctions than were recommended at the Sexual Misconduct Case 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 Accused Student 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 Accused Student will call his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the Accused Student. The board members may ask questions. The Reporting Party, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony 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 Accused Student, through the Board Chair, may ask questions.

  5. If applicable, the Reporting Party will call his or her witnesses individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the Reporting Party. The board members may ask questions. The Accused Student, through the Board Chair, may ask questions of the witness about the new evidence.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

  6. The board members may ask final questions of the Accused Student and/or Reporting Party about the new evidence.

  7. The Accused Student, 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 first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or alters the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review, it will then vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review as applicable.

    • Decisions of the Appeal Board will be determined by a majority vote.

    • If a Sexual Misconduct Appeal Review is granted to both the Accused Student and the Reporting Party based on their submission of their written appeals, the Appeal Board may recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review, more lenient sanctions than were recommended at the Sexual Misconduct Case Review, or the same sanctions that were recommended at the Sexual Misconduct Case 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 present 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 present party will be called individually.  

    • Each witness called will individually share their testimony on the new evidence and be questioned by the present party. The party calling them as a witness may ask questions. The board members may ask questions.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

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

    • Each witness called will individually share their testimony on the new evidence. The present party will be given the opportunity to ask questions through the board chair. The board members may ask questions.

    • A support person or attorney for the 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 testimony and questions for each witness, the witness will leave.

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

  6. The Appeal Board will enter closed deliberation; all parties present 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 first vote to uphold or alter the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review.

    • If the Appeal Board upholds or alters the recommendations of whether or not the Accused Student is responsible for violating policy rendered at the Sexual Misconduct Case Review, it will then vote to uphold or alter the sanctions recommended at the Sexual Misconduct Case Review as applicable.

    • Decisions of the Appeal Board will be determined by a majority vote.

    • If a Sexual Misconduct Appeal Review is granted only to the Accused Student based on his or her submission of a written appeal, the Appeal Board may not recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review.

    • If a Sexual Misconduct Appeal Review is granted only to the Reporting Party based on his or her submission of a written appeal, the Appeal Board may recommend more severe sanctions than were recommended at the Sexual Misconduct Case Review.

If a Sexual Misconduct Appeal Review is held, the Dean of Students or designee shall conduct a final review of the Appeal Board’s recommendations. The Dean of Students or designee will review the Appeal Board’s recommendations and all materials relevant to the case and may: 

  • Uphold the Board’s recommendations of whether or not the Accused Student is responsible for violating policy and, if applicable, sanctions

  • Affirm the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  • Alter the recommendations of whether or not the Accused Student is responsible for violating policy and increase or decrease the recommended sanctions

  • Have the case reheard at a new Sexual Misconduct Case Review or Appeal Review. If the Dean of Students or designee determines the case should be reheard at a new Sexual Misconduct Case Review, the recommendations of responsibility and/or sanctions may be the less severe, the same, or more severe than those recommended by the original board. 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 notify the Accused Student and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision. Typically, the review conducted by the Dean of Students or designee takes place within ten days of the Sexual Misconduct Appeal Review. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

In cases where an Accused Student is found responsible for and suspended or expelled for physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent and is suspended or expelled, or where an accused student withdraws prior to a decision being made in such a case, a notation will be placed on the accused student’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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