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This page is intended to assist the JMU community with their questions regarding OSARP and our policies and processes. We hope to address many of the questions that are frequently asked of our staff, but we encourage you to visit the Student Handbook or contact our office if you have additional questions or can’t find the answer here.

Receipt of Information and Determining/Notification of Alleged Violations

OSARP typically receives information regarding alleged policy violation(s) from JMU Public Safety, the Office of Residence Life, Parking & Transit Services, the Harrisonburg/Rockingham Court System, Title IX Office, and JMU faculty/staff. Students can also directly report alleged policy violations to OSARP. All reports received are reviewed by the Associate Director of Case Management, who determines if there is any evidence that a policy may have been violated.

For more information on how OSARP determines alleged policy violation(s), see the Student Handbook.

JMU reserves the right to hold students accountable for off-campus behavior that falls within the “Jurisdiction” of the university, as defined in the Student Handbook.

Adjudicative jurisdiction for all cases shall be determined by OSARP. Jurisdiction includes the following:

  • Alleged policy violation(s) occurring on campus, on university leased or controlled properties, on Study Abroad programs, on service programs, or at any university sponsored or endorsed program or event;
  • Substance violations (alcohol or drug, criminal or civil) or felony violations that occur off campus in Harrisonburg or Rockingham County or are adjudicated in Harrisonburg or Rockingham County courts;
  • A review and appropriate response to any report of behavior received from a police officer or other Reporting Party, regardless of location; and,
  • Student behavior that is against the mission of the institution, regardless of the location.

Administrative Case Reviews are set based on the student’s academic schedule and will typically be held in person in the OSARP offices, but may occur virtually as determined by OSARP. Instructions for attending the meeting will be included in the notification email. Directions to our office can be found on our contact page.

JMU and OSARP are committed to ensuring that our programs are equally inclusive and accessible to all students. If you need accommodation of a disability to support your participation in the Accountability Process, send an email to the Office of Disability Services at disability-svcs@jmu.edu (please copy osarp@jmu.edu on that email) to request assistance in communicating your need with our office. OSARP will then consult with the Office of Disability Services, once they have communicated with you, to determine reasonable accommodations for your participation in the Accountability Process.  All requests must be communicated to OSARP at least three business days prior to your Administrative Case Review, so please contact the Office of Disability Services immediately. Additionally, if you want to share your preferred name or pronouns to be used during the Administrative Case Review and the Accountability Process, email osarp@jmu.edu.

OSARP processes are entirely separate from the criminal and civil court processes. University proceedings may occur before, during, or after the resolution of a criminal or civil case. The resolution of a case in civil or criminal court has no bearing on the University's disciplinary process. Our staff members are not lawyers or in any way associated with the criminal legal system.

OSARP may initiate an adjudication process prior to the outcome of a court or other adjudicative decision. If the Accountability ProcessSexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process for alleged violation(s) in OSARP stem from a current criminal case, civil case, Honor Council case, or case being adjudicated by another conduct process on JMU’s campus, the case may be heard concurrently by OSARP. If the case was heard concurrently and the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process concludes prior to the resolution of the criminal process, civil case, Honor Council process, or other adjudicative process on campus, the case in OSARP will not be revisited at the conclusion of the other adjudicative process.

Additional information about our Off-Campus Response Strategy can be found in the Student Handbook.

Visit the “Guidelines for Sanctioning” section of the Student Handbook for a list of major, minor, and flexible policy violations.

Accountability Process

JMU's Standards of Conduct & Policies are outlined in the Student Handbook. It is the responsibility of every student to read and understand the expectations and responsibilities of being a JMU student and a member of the JMU community. If you have questions, please contact our office.

Students who are notified of an alleged policy violation should review the Accountability Process Roles, Rights, and Restrictions.

For cases alleging a violation of Sexual Misconduct, review the Sexual Misconduct Accountability Process Rights, Roles, and Restrictions.

For cases alleged a violation of Title IX Sexual Harassment, review the Title IX Sexual Harassment Adjudication Process Rights, Roles, and Restrictions.

Yes; giving every student the opportunity to share their perspective is the purpose of the Administrative Case Review. Students are given the opportunity to meet with a Case Administrator (staff member in OSARP) to discuss the alleged policy violation and their perspective on the alleged incident. There is a separate processes for cases alleging a violation of Sexual Misconduct or Title IX Sexual Harassment, which can be found in the Sexual Misconduct Accountability Process and Title IX Sexual Harassment Adjudication Process sections of the Student Handbook.

Additional information is available in the JMU Student Handbook for students who fail to attend their Administrative Case Review.

Notification of an alleged policy violation is sent to student's JMU email. The notification email informs the student of either: the date, time, and location of their Administrative Case Review; or, the instructions for scheduling their Administrative Case Review. The notification email will also include a hyperlink to their Responsibilities and Rights in the Accountability Process, including their right to attend the Administrative Case Review.

If a student fails to attend their Administrative Case Review, they waive their right to reject the decision made in their case. The Case Administrator will make a decision in their absence based solely on the information in OSARP’s possession, including any follow-up with witnesses, and the student will be emailed the decision and any required sanctions. Failure to complete, schedule, attend, or be on time for programs/meetings, failing to complete related assignments, or failing to follow program expectations may result in a $50 fine per program/meeting not completed by the deadline and a student account hold, which prevents class registration and is typically only removed once outstanding sanction(s) are verified as completed by OSARP. Repeated failure may result in an alleged policy violation of Failure to Comply with a Disciplinary Outcome.

In necessary or extreme circumstances, as determined by the Director of OSARP or designee, the Responding Party may request the Administrative Case Review be rescheduled; this request must be communicated to OSARP as soon as practicable.

If a student is found responsible for any violation of university policy, they are considered to have a university disciplinary record. For more information, see the FAQ below: ‘How does a university disciplinary record affect applications to graduate school, study abroad, government employment, etc.?’

If a student is found responsible for an alcohol or drug policy violation, regardless of age, they will receive a strike. More information on the Three Strikes strategy can be found in the Student Handbook.

If a student is found responsible for an alcohol or drug policy violation, and they are under the age of 21 at the conclusion of the Accountability Process, parents/guardians will be notified. More information on the Parent/Guardian Notification strategy can be found in the Student Handbook.

 

 

The Administrative Case Review is the first level of the Accountability Process and is a one-on-one meeting between the student and their Case Administrator (except in certain circumstances – see the next FAQ for more information). The Case Administrator will review student rights, the information provided to OSARP for the alleged violation(s), and inquire about the perspective of the student. Once a decision has been made about whether the student is responsible or not responsible for the alleged violation(s) of policy, the Case Administrator will verbally share that decision with the student and explain any educational sanction(s) that have been assigned (if applicable). If the student accepts the decision of the Case Administrator, the Accountability Process is complete. If the student rejects the decision of the Case Administrator, or wants time to think about their decision, the student will be rescheduled for an Accountability Board advising appointment to learn more about that process.

The Accountability Board Case Review is comprised of faculty, staff, and student Board Members and occurs after a student formally rejects the decision made by their Case Administrator during the Administrative Case Review.

Board Members assigned to conduct the Accountability Board Case Review may render a decision less severe, more severe, or the same as the decision rendered at the Administrative Case Review. The Board Members assigned to the Accountability Board Case Review will not be informed of the decision rendered for the case at the Administrative Case Review. A student may not choose to accept the decision rendered at the Administrative Case Review after a decision or recommendation is rendered at an Accountability Board Case Review.  

For more information on the Administrative Case Review or Accountability Board Case Review, please visit the Student Handbook.

Administrative Case Reviews are one-on-one meetings with a Case Administrator in OSARP; third parties, including parents/guardians and attorneys, are not permitted to be a part of these meetings except in cases where potential outcomes include suspension or expulsion from the university. If a student is notified of that potential, they are afforded additional rights in the Accountability Process and can have a Support Person of their choice at the Administrative Case Review.

At an Accountability Board Case Review, a student’s parents/guardians can provide information as a witness in the case. Guidelines for Support Persons and attorneys apply to parents/guardians; if a parent/guardian does not meet those guidelines, they may not serve in that capacity.

Further guidelines apply to Support Persons and witnesses in the Sexual Misconduct Accountability Process and Title IX Sexual Harassment Adjudication Prcess.

Sanctions assigned depend on the alleged violation(s), the severity of the offense, the impact of the violation on the Reporting Party and/or the university community, whether the student has a university disciplinary record, and the circumstances of the particular case. A list of educational sanctions is available in the Student Handbook.

The Family Education Rights and Privacy Act (FERPA) prevents OSARP from disclosing information regarding alleged policy violation(s) to parents/guardians, unless a student is found responsible for an alleged violation of alcohol or drugs in the Accountability ProcessSexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process and the student is under the age of 21 at the time of adjudication.

Accountability Board Case Reviews

Accountability Board Case Review Preparation Checklist:

  • Submit the names, emails, and cell phone numbers of any witnesses to OSARP-Boards@jmu.edu at least two days prior to the Accountability Board Case Review.

  • Submit the name, email, and cell phone number for your Support Person to OSARP-Boards@jmu.edu at least two days prior to the Accountability Board Case Review.

  • Submit any statements, documents, or items to be used as evidence to OSARP at least two days prior to the Accountability Board Case Review by submitting it to OSARP-Boards@jmu.edu or bringing it into the OSARP office (if it cannot be emailed) during office hours (M-F, 8am-12pm; 1-5pm).

  • Access your electronic case file and review the information contained within once you are provided access to it.

  • Discuss the Accountability Board Case Review with your witnesses, including what they can and can’t discuss.

    • Witnesses can discuss information relevant to the case, including but not limited to what they know about the alleged incident or their knowledge of the Responding Party.

    • Witnesses cannot discuss their perspective on what they feel the decision or sanction in the case should be.

  • Ensure your witnesses can attend the Accountability Board Case Review. If they cannot attend, they can write a statement and submit it directly to OSARP-Boards@jmu.edu.

  • Prepare what you will share with the Board Members at the Accountability Board Case Review.

  • Prepare your questions for the Administrative Witnesses, your witnesses, the Reporting Party, if applicable, and Reporting Party Witnesses, if applicable.

  • Review the relevant policies in your case at https://www.jmu.edu/osarp/handbook/OSARP/standardsandpolicies.shtml.

  • Review the Accountability Board Case Review procedures in the “Accountability Process” section of the JMU Student Handbook at www.jmu.edu/osarp/handbook/osarp/accountabilityprocess.

  • For virtual cases only:

    • Ensure you know how to utilize Zoom for the Accountability Board Case Review, and you have a private space set up for you to participate in the case virtually. Contact OSARP immediately if you are unsure of how to utilize Zoom and/or do not have access to a private space.

You will receive the date and time of your Accountability Board Case Review, the name(s) of the Administrative Witnesses, and, if applicable, the name(s) of the Reporting Party and Reporting Party Witnesses from OSARP to your @dukes.jmu.edu email address.

When will the Accountability Board Case Review be scheduled?

Accountability Board Case Review times are set based on the academic schedule of the Responding Party, of the Reporting Party if applicable, Reporting Party Witness(es) if applicable, and the availability of the Administrative Witnesses. Accountability Board Case Review dates/times will not be scheduled around nor rescheduled due to conflicts for Responding Party Witnesses. Responding Party Witnesses who are unable to attend the scheduled Accountability Board Case Review may submit a written statement in their absence. OSARP cannot compel Responding Parties, Reporting Parties, or witnesses of any kind to attend an Accountability Board Case Review.

The decision to postpone an Accountability Board Case Review for any reason is at the discretion of the Director of OSARP or designee. Anticipated timelines, deadlines, restrictions, or procedures listed within the Accountability Process will not be altered except in unexpected and unavoidable circumstances in order to uphold the intent of the process, as determined by the Director of OSARP or designee, or with the agreement of the party(ies), as approved by the Director of OSARP or designee. Any requests for alterations must be communicated to the Director of OSARP or designee as soon as practicable.

Who will be on the Board for my case?

The Accountability Board is made up of volunteers trained by OSARP. Responding Parties will receive the names of the Board Members serving on their case and may immediately submit a request in writing to the Director of OSARP or designee that a member be removed from the case for bias on the part of the Board Member. That request will then be evaluated by the Director of OSARP or designee.

Can I participate in the entire Accountability Board Case Review? What if I don’t attend?

The Responding Party can attend and participate in the entire Accountability Board Case Review except for the Board’s closed deliberation. Witnesses are only present for the period in which they are providing information to the Board or answering questions. If a participant of any type fails to appear at an Accountability Board Case Review after being properly notified of its date and time, the case will generally proceed in their absence and be heard on the basis of the written documentation, other items submitted as evidence to the case, and the information provided by those in attendance. If a Responding Party changes their mind and no longer wants their case heard at an Accountability Board Case Review, they should contact OSARP, as soon as possible prior to the start of the Accountability Board Case Review, at OSARP-Boards@jmu.edu.

How long does an Accountability Board Case Review take?

There’s no way to say exactly how long an Accountability Board Case Review will take; it depends on the circumstances of the case. Though, an Accountability Board Case Review can last as short as a half hour or could last as long as several hours.

Can I have someone with me during the Accountability Board Case Review?

A Responding Party may have one Support Person of their choice, as defined in the Student Handbook, accompany them during the Accountability Board Case Review. A Support Person is not permitted to speak on behalf of a Responding Party, but can take breaks with them, take notes, or help a Responding Party remember what they wanted to cover. A Support Person must be able to attend the scheduled Accountability Board Case Review; it will not be scheduled around their availability. The University does not provide students participating in the Accountability Process with a Support Person. It is the participant’s responsibility to determine a Support Person and coordinate their participation. A person who serves as a Support Person in the Accountability Process cannot serve in any other capacity at any point in the process for that specific case. OSARP must be informed of a Support Person at least two days prior to the Accountability Board Case Review.

Can my parents or guardians participate in my Accountability Board Case Review?

Yes; a Responding Party can choose to have parents or guardians participate as a witness or a Support Person.

Will witnesses present at the Accountability Board Case Review? What if my witnesses can’t be there?

Yes; witnesses will share any information they have with the Board Members, in addition to being asked questions by the Board Members and Responding Party. Witnesses who cannot attend the scheduled Accountability Board Case Review can submit a written statement to be reviewed by the Board Members. Additionally, witnesses who present to the Board Members can also submit a written statement in addition to presenting orally. Written statements can be provided to OSARP up to two days prior to the Accountability Board Case Review for inclusion in the case file. The names and contact information for all witnesses should be submitted to OSARP-Boards@jmu.edu at least two days prior to the Accountability Board Case Review. OSARP must be able to verify that the submission came directly from the witness.

Will the Accountability Board be informed of previous disciplinary history in OSARP when making their decision?

No; Responding Parties have the right to have any previous disciplinary history in OSARP and/or sanctions imposed not be disclosed to the voting Board Members serving on the Accountability Board Case Review unless they find the Responding Party is responsible for violating policy. If found responsible for violating policy, OSARP will provide the Board with any previous disciplinary history for review in order to determine the appropriate sanctions to impose. If a Responding Party has previous disciplinary history in OSARP, it will only be provided to the Board Members during deliberation if they vote to find the Responding Party responsible for violating policy. The Responding Party may elect to share previous violations or sanctions with the Board Members as a part of their own statements.

What are the possible outcomes of an Accountability Board Case Review?

An Accountability Board Case Review is a re-hearing of the case; therefore, the Accountability Board will make a new decision in the case. Their decision could be the same, more severe, or less severe than the decision rendered at the Administrative Case Review. A Responding Party cannot revert back to the decision rendered at the Administrative Case Review after the Accountability Board Case Review. Board Members will not know the decision rendered at the Administrative Case Review, unless the Responding Party shares that information.

Please see the "Sanctioning and Case Outcomes" section of the Student Handbook for more information on potential sanctions. Students will be notified in advance if their case has the potential for an outcome of Suspension or Expulsion.

When will I receive the decision that the Accountability Board made for my case?

OSARP will notify the Responding Party of the decision, rationale, and sanctions, if applicable, within two business days from the date of the Accountability Board Case Review. This notification will include information on the process for submitting an appeal, if applicable. Typically, this notification is conducted in person or virtually with an OSARP staff member but may be solely sent via their official JMU email address if, based on the circumstances of the case, it is deemed appropriate or necessary by the Director of OSARP or designee. The Responding Party will also be provided the opportunity to waive their right to appeal, and accept the decision made at the Accountability Board Case Review. 

Can the Accountability Board find me responsible for violating policies Alcohol or Drugs, but not assign a strike?

No; if a student is found responsible for an alcohol or drug violation, they receive a strike.

Can Accountability Board Case Reviews be held virtually?

Accountability Board Case Reviews, at the discretion of the Director of OSARP or designee, may be conducted virtually for reasons including but not limited to health and/or safety concerns. They may also be conducted virtually with the agreement of the Responding Party(ies) and Reporting Party(ies), if applicable, and the approval of the Director of OSARP or designee. For virtual case reviews, OSARP will have a staff member in the Zoom meeting to manage the administrative and technical aspects of Zoom so the Board Members can focus solely on the adjudication of the case. The OSARP staff member will not participate in the adjudication process or be present while the Board Members deliberate.

What if there are multiple Responding Parties involved in my case?

The Director of OSARP or designee will determine the appropriate course of action in circumstances where multiple Responding Parties in the same case reject the decision of the Case Administrator; the determination made will be based on upholding the intent of the process. Typically, multiple Responding Parties will have their cases heard together during the same Accountability Board Case Review if their cases derive from the same set of facts and circumstances. Decisions on responsibility and sanctioning, if applicable, will be made individually for each Responding Party by the members of the Accountability Board.

The Responding Party will receive information on how to submit an appeal of an Accountability Board's decision when they are notified of the decision, rationale, and sanctions (if applicable) rendered as a result of an Accountability Board Case Review.
Please email OSARP-Boards@jmu.edu with any additional questions or concerns.
Sanctioning and Educational Programs

Sanctions assigned depend on the alleged violation(s), the severity of the offense, the impact of the violation on the Reporting Party and/or the university community, whether the student has a university disciplinary record, and the circumstances of the particular case. A list of educational sanctions is available in the Student Handbook.

If the outcome of a case includes being sanctioned or required to complete an educational program or workshop, and the student accepts the decision of their Case Administrator at an Administrative Case Review, the Case Administrator will review the instructions for completing or scheduling sanction(s) with the student. if a student fails to attend their Administrative Case Review, they will receive information to their JMU email about the final decision rendered and any assigned sanction(s), including information for completing those sanction(s).

If the program or workshop is offered virtually, the student will receive more information in their JMU email, including instructions and deadlines for completion.

If the program or workshop is offered in-person, the student will be scheduled to attend the next available sanctioned educational program that fits their academic schedule. If a program or workshop is not available that fits their academic schedule, the student will be placed on a waitlist for the next available session and given a deadline to contact our office.

Failure to complete, schedule, attend, or be on time for programs/meetings, failing to complete related assignments, or failing to follow program expectations may result in a $50 fine per program/meeting not completed by the deadline and a student account hold, which prevents class registration and is typically only removed once outstanding sanction(s) are verified as completed by OSARP. Repeated failure may result in an alleged policy violation of Failure to Comply with a Disciplinary Outcome.

After a final decision is rendered for a case, OSARP sends information about the final decision and any required sanction(s) to the student’s JMU email address. Students should always refer to their email for additional instructions regarding sanction completion and are also encouraged to contact our office with questions.

Failure to complete, schedule, attend, or be on time for programs/meetings, failing to complete related assignments, or failing to follow program expectations may result in a $50 fine per program/meeting not completed by the deadline and a student account hold, which prevents class registration and is typically only removed once outstanding sanction(s) are verified as completed by OSARP. Repeated failure may result in an alleged policy violation of Failure to Comply with a Disciplinary Outcome.

If a student fails to follow sanction expectations, more information will typically be sent to their JMU email on the following:

  • A $50 fine will be assessed and sent to the University Business Office for every program/meeting not completed by the deadline. If a deadline is missed, there is no appeal process for fines assessed. The email a student receives will provide instructions for paying any fine(s) on their university account through the University Business Office.
  • An account hold will be placed on the student’s JMU account. Account holds will prevent a student from registering for classes while the hold is in place. To have a hold removed, students should complete their sanctioned requirement(s) or contact OSARP to seek assistance. Holds will typically only be removed once OSARP staff verifies a sanction has been completed.
  • In necessary or extreme circumstances, at the discretion of OSARP, students may be offered another opportunity to complete the program or have their sanction rescheduled in lieu of an account hold.

If a student has an account hold on their JMU account, they will receive frequent email communication from OSARP regarding the hold and what they can do to have it removed. Students should not wait until class registration appointments to contact OSARP regarding a hold since holds are not typically removed until a sanction is verified as completed by OSARP.

  • Three Strikes
  • Parental/Guardian Notification
  • Off-Campus Response
  • Enlightened Citizen Amnesty Process

A complete description of these strategies can be found in the Student Handbook.

Probation is a period where the student may be given a more significant sanction if found responsible for additional violations while on probation. Probation is not reflected on a student’s academic transcript, nor are students placed on any additional restrictions as a function of the probation period.

No; students who are interested in our programs or workshops for personal reasons or court sanctions can contact our office to enroll. Students who self-enroll will not be charged the program administrative fee (if applicable).

Miscellaneous

A student may hire an attorney at their own expense, but it is not required for any OSARP process. The Accountability ProcessSexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudiation Process does not follow the same criminal or civil procedures used in a court of law. If a student receives notification of an alleged violation of university policy that is also being adjudicated in a court of law, they may find it helpful to seek the services of an attorney.

Information about the role of a Support Person or attorney in the Accountability ProcessSexual Misconduct Accountability Process and Title IX Sexual Harassment Adjudication Process can be found in the Student Handbook.

Support Persons not complying with the restrictions set forth in the Student Handbook may be removed from the proceedings.

OSARP staff members are not lawyers or in any way associated with the criminal or civil legal system.

OSARP may address JMU student behavior that allegedly violates policies listed in the Student Standards of Conduct & Policies section of the Student Handbook.

For more information, please visit our Reporting to OSARP page.

OSARP may instruct students through their JMU email (upon initiation of a disciplinary process or as a sanctioned outcome from a process) to have no direct or indirect contact with specific members of the university community. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party.

This instruction does not prohibit contact through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP.

OSARP will not pursue alleged violations of the OSARP No Contact Order that occur through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP unless the contact may have violated the Interference or Retaliation in a University Process policy or other policies as listed in the JMU Student Handbook.

Students are required to abide by the expectations of an OSARP No Contact Order while it remains in effect. Violations of an OSARP No Contact Order may lead to alleged violation(s) of university policy, the outcomes of which could include suspension or expulsion from JMU.

When a student is notified of an OSARP No Contact Order through their JMU email, they will be provided further instructions, examples, and frequently asked questions regarding OSARP No Contact Orders. If a student has additional questions after receiving this information, they can contact our office.

The effect that a university disciplinary record may have on a student's ability to gain entrance to a graduate program, transfer to another institution, receive an offer of employment, or participate in campus activities and programs (including Study Abroad) is at the discretion of the individuals managing those processes. These positions, programs, and processes may ask for information regarding a student's university disciplinary record, but OSARP cannot release information regarding a student's university disciplinary record without the permission of the student. University disciplinary records are maintained for a minimum of eight (8) academic years from when adjudication of the case occurs. Records for cases alleging violations of Sexual Misconduct, Title IX Sexual Harassment, any case resulting in suspension or expulsion from the university, and any case that is considered "pending," will be maintained indefinitely. See the "Records and Transcript Notations" section of the Student Handbook for more information.

Most graduate school applications, transfer applications, and study abroad programs ask for information regarding a student’s criminal or university disciplinary history. Some universities require more information, so students should carefully read what information the application is requiring. OSARP also receives requests for background checks from government agencies, state bar associations, and other entities.

Students should always be honest about their university disciplinary history when it is requested. Occasionally, OSARP is contacted to verify the information a student has provided on their application or documentation. Most applications or documentation include a waiver, and by signing the application, a student is typically granting access to their university disciplinary records.

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