University Judicial Policies:
Excerpts pertaining to Safety Concerns

University Judicial System

Mission Statement

James Madison University is a community of diverse individuals who have come together for the purpose of education. As with any community, the university must establish guidelines for behavior which will produce the type of environment necessary to best achieve its educational mission. The basic purpose of judicial policies and related enforcement procedures must, of necessity, be to support an environment in which student learning and personal development can take place.

Judicial Policies

The following pages contain an alphabetical listing of a number of areas that have required definitive regulation in the past. In cases not specifically covered here, students will be expected nonetheless to govern their behavior so as to safeguard the education process, protect individual and institutional rights and property and ensure the safety of all members of the university community.

J1-100 Bicycles

The use of bicycles for transportation by the JMU community is an integral part of campus life. With the increased use of bikes comes a heightened concern for their safe operation. The Office of Public Safety, with assistance from students, faculty members and staff, developed these biking guidelines to help bicyclists, pedestrians and motorists share and enjoy a safe campus.

J1-101 Where To Ride

J1-101.1 Ride as close as possible to the right edge of the roadway. Exceptions to this are when bicyclists are overtaking and passing another vehicle, preparing for a left turn, avoiding unsafe conditions or when the lane width is too narrow to share with a motor vehicle. Bicycles are not excluded from riding on the berm or shoulder.

J1-101.2 Do not ride between two lanes of traffic moving in the same direction unless one lane is a separate or mandatory turn lane.

J1-101.3 Ride single file on highways. Bicyclists may ride two or more abreast on paths or parts of highways designated exclusively for bicycle use.

J1-101.4 Bicycles (and pedestrians) are prohibited from interstates and certain other controlled-access highways. The restricted sections of the highways are marked with conspicuous signs.

J1-101.5 When a usable bicycle path is located next to a roadway and local ordinance requires its use, bicyclists must ride on the path, not on the roadway.

J1-101.6 Bicycles may be ridden on sidewalks unless prohibited by local ordinance or traffic control devices. While on the sidewalks, bicyclists must always yield the right of way to pedestrians and give an audible signal before passing a pedestrian. Yield the right of way to pedestrians or vehicles when pulling onto a sidewalk or highway from a driveway.

J1-102 Changing Directions

J1-102.1 Obey all traffic signs, signals, lights and markings just as you would if operating a motor vehicle.

J1-102.2 Signal your intentions to stop or turn. The signals do not have to be given continuously if both hands are needed to control the bicycle.

J1-102.3 Make left turns as pedestrians would: continue straight across the intersecting road, obey the traffic signals, turn left at the corner and proceed as usual. Bicyclists may also dismount and walk in the crosswalks of the two intersecting roads.

J1-103 Passing

J1-103.1 Overtake and pass another vehicle only when it is safe to do so. Bicyclists may pass another vehicle on the right or left, and they may stay in the same lane, change lanes or ride off the road if necessary for safe passing. Note that passing motor vehicles on the right side may be extremely dangerous if the motorist does not see the bicyclist and attempts a right turn.

J1-103.2 Motorists must approach and pass a bicyclist at a safe distance and reasonable speed.

J1-104 Accidents

Stop when you are in an accident. Report accidents involving death, injury or property damage. Give your name and address to the police and to any person involved in the accident or the property owner. If unattended property is damaged, make a reasonable effort to find the owner. Your name must be given to the owner. If the owner cannot be located, leave a note in a conspicuous place at the accident site and report the accident to the police within 24 hours.

J1-105 Safety Considerations

J1-105.1 Do not carry other riders on the handlebars or ride two to a bike (unless it is a two-person bicycle).

J1-105.2 Do not carry articles which prevent you from keeping at least one hand on the handlebars.

J1-105.3 Do not attach yourself or your bicycle to any other vehicle on the roadway.

J1-105.4 Earphones are prohibited while riding a bicycle.

J1-105.5 Every bicycle ridden between sunset and sunrise must have a white light on its front with the light being visible at least 500 feet to the front. The bicycle must also have a red reflector on the rear, visible 300 feet to the rear. A red light visible 500 feet to the rear may be used in place of or in addition to the red reflector.

J1-106 Public Safety Responsibility

It is imperative that all riders obey the laws and local ordinances pertaining to the safe operation of bicycles. It is the responsibility of public safety officials to maintain a safe campus environment through enforcement of those provisions. Where breaches in safe operation of bicycles arise, public safety personnel may refer a student to the university judicial system.

J1-107 Hints for Safe and Responsible Bike Riding on Campus

J1-107.1 Ride on the sidewalks where possible; give way to pedestrians. J1-107.2 Attempt to spare the grass where possible by riding on the paved walkways and roadways. To prevent erosion, do not ride on the walking tour trails of the arboretum.

J1-107.3 Stay off athletic playing fields and out of Bridgeforth Stadium.

J1-107.4 Do not ride bikes in residential, academic or administrative facilities (indoor bike tracks are exempted).

If the operation of a bicycle is particularly reckless, involves gross negligence or disregard of others' welfare, excessive speed or refusal to comply with reasonable official requests, the rider may be subject to adjudication for the "Noncompliance with an Official Request" or "Dangerous Practices" policies found in the handbook

J1-108 Registration

Both the City of Harrisonburg and JMU require all bicycles to be registered. All campus residents must register their bicycles with the Office of Public Safety and affix the issued numerical decal to the bike. Off-campus residents operating bicycles on campus may register their bicycles with either the city of Harrisonburg or JMU.

J1-109 Storage

J1-109.1 No bicycle may be kept anywhere inside academic or administrative buildings. If all the residents of a living unit concur, bicycles may be stored in students' rooms and suites. Storage may occur only within the confines of the prescribed areas. Bikes should never be left in halls, corridors, stairwells or on landings or handicapped ramps.

J1-109.2 Bicycles improperly placed in campus residences, Greek housing, other campus facilities or handicapped ramps will be confiscated by the university. Wall mountings to store bicycles are not permitted and damages caused by the storage or transportation of a bicycle are the responsibility of the bicycle's owner.

J1-109.3 Motorcycles, mopeds and other motorized vehicles are not allowed in stairwells or corridors of residential or other facilities. Towing charges may be assessed for removal.

J1-109.4 When possible, lock your bicycle to bike racks; do not secure them to trees, railings, lampposts, fences or handicapped ramps. Bicycles are not to be stored in campus bike racks or otherwise left on campus or within university facilities by persons not currently enrolled for classes. This includes the summer months. Such bikes are considered abandoned property and are subject to confiscation, storage and subsequent sale as state property.

J1-110 Further Suggestions for Bike Safety

J1-110.1 Use of a helmet is strongly recommended.

J1-110.2 Pedestrians should not step in front of cyclists, who may not be able to stop in time.

J1-110.3 Remember when riding up behind pedestrians or other cyclists, they most likely will not hear your approach. Alert pedestrians when overtaking or passing with an audible warning.

J1-110.4 Be predictable; ride in a straight line.

J1-110.5 Motor vehicle operators should remember that the bike is a vehicle with the same rights as an automobile. Before opening your door, check for passing cyclists. Don't overtake a cyclist and then make a right turn in front of the bike. Give riders at least six feet of leeway, in the event they fall. Most importantly, signal your intentions, especially when turning to the right.

J1-110.6 Ride defensively - expect a car or truck to pull out from a side street. Gain eye contact; use an audible warning.

J1-110.7 Stay out of the gutter; take your place on the traveled portion of the roadway.

J1-110.8 Be visible with bright colors; use lights and reflective material so you will be noticed.

If you need more information or are looking for places to ride or people to ride with, contact

• Center for Off-Campus Living, 568-6071
  
• Office of Residence Life, 568-6275
  
• Office of Public Safety (Parking), 568-3300 weekdays; 568-6913 evenings and weekends.

J6-100 Dangerous Practices

No student shall engage in any activity which shall endanger the lives or safety of that student or of others in any building or on any property owned or controlled by the university. This includes but is not limited to the following activities:

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

J6-102 Inappropriate or dangerous use of fires, open flames, candles, matches or other flammable materials in all residence halls, apartments or in any other building owned or operated by the university.

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

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

To maintain fairness and uniformity in the assignment of sanctions for certain first time offenses the following guideline has been established: disciplinary probation and educational program.

J10-100 Failure to Comply with a Disciplinary Decision

J10-101 No student shall fail to comply with any disciplinary conditions imposed by the Judicial Council or the Office of Judicial Affairs. To maintain fairness and uniformity in the assignment of sanctions for certain first time offenses the following guideline has been established: $50.00 fine and disciplinary probation.

J11-100 False Alarms and Fire Drills

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

J11-102 No student shall disregard a fire alarm signal or refuse to evacuate a building.

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

To maintain fairness and uniformity in the assignment of sanctions for certain first time offenses the following guideline has been established: False Alarms-disciplinary probation and suspension from University Housing; Fire Drills-$50.00 fine, educational program and disciplinary probation.

J13-100 Fire Suppression/Detection Equipment

J13-101 No student shall, without authorization, operate, tamper with or otherwise misuse any fire suppression equipment, except for the purpose of extinguishing a fire.

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

To maintain fairness and uniformity in the assignment of sanctions for certain first time offenses the following guideline has been established: a fee to refill extinguisher, disciplinary probation and educational program.

J17-100 Hazing

In keeping with JMU's expectations for a positive academic environment, the university unconditionally opposes any situation created intentionally to produce mental or physical discomfort, embarrassment, harassment or ridicule. Hazing, under Virginia law, is defined as activities for the initiation or induction into an organization which include calisthenics or other strenuous physical activity; exposure to inclement weather; consumption of any food, liquid, beverage, drug or other substance; confinement in any room or compartment; spraying, painting or pelting with any substance; burying in any substance; burning, branding or tattooing; or any other activity which may result in physical injury or endanger the health or life of the individual being hazed.

J17-101 Section 18.2-56 of the Code of Virginia, as amended, which declares hazing illegal, establishes conditions for civil and criminal liability and outlines the duties of the university when a student has been found guilty of hazing. It is hereby incorporated as part of this policy and will serve as a guide for action by the university when hazing results in bodily injury.

J20-100 Newman Lake

The lake is not available for recreational purposes.

J20-101 Boating, skating and swimming are prohibited.

J20-102 Fishing is permitted; angler must possess a valid Virginia fishing license.

J28-100 Projectiles

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

J29-100 Public Health Policy

J29-101 Any student whose mental or physical health might result in behaviors that jeopardize the safety or well-being of the student or any other individual may be required by university officials to have an examination by a university physician or a designee of the university's counseling center staff to assess whether the student's physical or mental health poses a danger to the safety or well-being of the student and/or others. This requirement constitutes an official request.

J29-102 In the case of physical health issues, should the physician determine that a well-being or safety concern exists, the student's status at the university will be reviewed by the appropriate offices within the Division of Student Affairs, and the student may be subject to involuntary administrative withdrawal from the university or from university housing.

J29-103 In the case of mental health issues, should the counseling center designee determine that the student poses a threat to the safety or well-being of self and/or others, a mental health evaluation will be made by the counseling center staff and/or the university psychiatrist and a treatment regime will be determined. This treatment regime will be reviewed with the individual and a written copy provided to the student. At this juncture, an interim hold may be placed on the student's status. Removal of this hold will depend on the student's compliance with the recommended treatment plan. Failure to comply with the recommended treatment plan may subject the student to involuntary administrative withdrawal from the university. Should the student contest the treatment plan, he or she may request that a credentialed mental health practitioner acceptable to the counseling center and the student review the treatment regime.

J29-104 Within two business days from receipt of notification of the proposed treatment regime, a student subject to an interim hold may request a hearing with the vice president for student affairs or designee. The student will then be given an opportunity to appear personally before the vice president or designee in order to review the following issues only:

J29-104.1 The reliability of the information concerning the student's behavior;

J29-104.2 Whether or not the student's behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage or directly and substantially impeding the lawful activities of others;

J29-104.3 Whether or not the student has completed an evaluation in accordance with these standards and procedures.

J29-105 Pending completion of the information hearing, the student will remain under the interim hold. The student will be allowed to enter the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the vice president for student affairs or designee. The decision of the vice president or designee shall be final and conclusive and not subject to appeal.

J33-101 Emergency Entry

J33-101.1 A staff member may, without verbal or written authorization from a higher authority, enter a student's room or suite either forcibly or with a building master key in cases of fire, explosion, bomb threats, attempted or suspected suicide, or other situations which call for the immediate entry in the interest of safety and security both for the residents of the room or suite and the physical plant.

J33-101.2 Any unauthorized or illegal items observed in student rooms or suites during an emergency entry will not be used as a basis for criminal prosecution. However, in the event of suspected vandalism, arson, assault or other violations of major university policy which may have occurred in a room, university police will be called in to conduct an investigation. The results of such an investigation may result in disciplinary action or criminal prosecution.

J35-100 Smoking

J35-101 Smoking in university buildings is prohibited.

J35-102 Exceptions include the following areas:

J35-102.1 Faculty and staff members' private offices.

J35-102.2 Library-designated smoking room in basement.

J35-102.3 Each hall council will establish policy for the residence hall at the beginning of each year.

J43-100 Violence to Persons

J43-101 No student shall engage or attempt to engage in any form of violence directed toward another person or group of people.

J43-102 Responding to violence with violence is a violation of this policy.

To maintain fairness and uniformity in the assignment of sanctions for certain first time offenses the following guideline has been established: disciplinary probation and one semester suspension.

J44-100 Weapons

J44-101 No student shall keep, use, possess, display or carry any rifle, shotgun, handgun, knife, other edged weapons, or other lethal or dangerous instruments capable of maiming and/or casting a projectile by air, gas, explosion or mechanical means on any property or in any building owned or operated by the university or in any vehicle on campus.

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

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

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