The formal complaint must include

• The complainant’s physical or digital signature, or otherwise indicate that the complainant is the person filing the formal complaint.
• The name of the respondent
• The approximate date, time, and location of the alleged incident
• A description of the incident that the complainant would like the university to investigate.
• Impact on the learning/working environment at JMU of the complainant

Please note: When the written notice of allegation is sent, the respondent will be invited to inspect and review the formal complaint before the respondent would be expected to participate in any investigation interviews or respond in any way to the investigation.

The filing of a formal complaint is meant to be an accessible process without barriers. The Title IX office invites complainants who may not be able, for any reason, to file a formal complaint in the format recommended in these procedures to contact the Title IX office for assistance.  Such assistance is not to be in any way construed as pressure to file a formal complaint or a presumption on the part of the Title IX office that a violation of policy has occurred.

Upon receipt of the formal complaint, The Title IX Coordinator or another member of the Title IX office staff, will promptly contact the complainant to verify that the complainant completed and submitted the formal complaint, verify that the complainant is requesting the Title IX office to investigate the formal complaint or referral to adaptable/alternative resolution, review the procedures that will be used to investigate the formal complaint, including the right to bring an advisor of choice to any formal complaint meeting and proceedings, and discuss reasonably available supportive measures.

The Title IX office will then send written notice of the allegation of the formal complaint to the respondent.  The complainant will also receive a copy of the written notification of the allegation. 

The Title IX office will make reasonable efforts to contact and discuss procedures and supportive measures with the respondent and will make the formal complaint document submitted by the complainant available to the respondent before the respondent is expected to participate in any investigation proceedings. However, the decision as to whether or not to participate rests with the respondent.

The complainant may withdraw a formal complaint at any time during the investigation and hearing or alternative/adaptable resolution, prior to the determination of an outcome, by notifying the Title IX Coordinator in writing. Such notification may result in discretionary dismissal under the applicable policy.

Circumstances that may lead to mandatory or discretionary dismissal of a formal complaint of Title IX Sexual Harassment may be found in Policy 1346.  Circumstances that may lead to mandatory or discretionary dismissal of a formal complaint of sexual misconduct may be found in Policy 1340.  The Title IX office is responsible for informing the complainant and respondent of a dismissal of a formal complaint under Policy 1340 or 1346 as applicable.

In cases where there is an increased risk to individual or community safety, the university may instruct the Title IX Coordinator to sign a formal complaint in order to initiate an investigation, even if the complainant does not wish to move forward. In those cases, the Title IX office will promptly contact the complainant in accordance with these procedures and the complainant will maintain their right to participate fully as outlined in the written notice of allegation.  The signing of a formal complaint by the Title IX Coordinator does not mean the Title IX Coordinator will be participating in the process as the complainant.