James Madison University is committed to providing a workplace and learning environment free from gender and sex based discrimination including sexual harassment and sexual misconduct pursuant to federal and state law and regulation and set forth in university policies and procedures which inform the work of the Title IX office in responding to alleged incidents of sexual misconduct, sexual harassment, and other forms of gender and sex based discrimination.
JMU Policies

Policy 1302: Equal Opportunity and Non-Discrimination sets forth the university’s commitment to providing equal opportunity, and a work, education, program, and activities environment that is free from any discrimination on the basis of a protected characteristic in compliance with applicable law.

James Madison University Non Discrimination Statement

Policy 1346: Title IX Sexual Harassment sets forth the university’s procedures for responding to sexual harassment, sexual assault, dating/domestic violence, stalking, and retaliation in its programs and activities in the United States as required by Title IX and implementing regulations which took effect on August 14, 2020

Policy 1340: Sexual Misconduct sets out the university’s procedures for responding to sexual misconduct which encompasses sexual assault, sexual harassment, dating/domestic violence, stalking, sexual exploitation, and retaliation that falls outside the scope of Policy 1346 including off campus and in programs and activities outside the United States.

Policy 1324: Discrimination and Retaliation Complaint Procedures sets ouf the university’s procedures for responding to gender and sex discrimination and harassment other than what is covered under Policy 1340 and 1346 such as discrimination on the basis of gender, sex, gender identity, sexual identity, pregnancy status. Complaints alleging these forms of discrimination should be filed with Title IX but will be handled under procedures in Policy 1324.

JMU Student Handbook Policies

James Madison University prohibits Title IX Sexual Harassment, which is a type of discrimination on the basis of sex. Title IX Sexual Harassment applies to persons of the same or different sex, sexual orientation, gender, or gender identity. See the Student Hanbook for more information.

James Madison University prohibits sexual misconduct. Sexual misconduct encompasses sexual assault, sexual violence, sexual harassment, sexual exploitation, stalking, dating violence, domestic violence, and non-consensual relationships.  Sexual Misconduct can involve persons of the same or different sex, sexual orientation, gender, or gender identity. See the Student Handbook for more information.

Federal Laws

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibits discrimination on the basis of sex in educational programs and activities receiving federal financial assistance in the United States. Title IX Regulations (34 CFR Part 106) specify the procedures educational institutions such as colleges and universities must follow to address prohibited conduct, mitigate the effects, and prevent future occurrences. Title IX also protects students who are pregnant from harassment and discrimination.

The Jeanne Clery Act (20 U.S.C. § 1092(f)), a consumer protection law passed in 1990, requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus. This information is made publicly accessible through the university's annual security report. The JMU Police Department is responsible for overseeing the university’s compliance with the Clery Act including collecting and publishing Clery crime statistics. Campus security Authorities are responsible for reporting Clery Crimes to the JMU police Department.

The Violence Against Women Act (42 U.S.C. § 13701), creates and supports comprehensive, cost effective responses to domestic violence, stalking, sexual assault, dating violence, and stalking.

Virginia State Laws

Upon receipt of a report alleging sexual violence, The Title IX Coordinator will within 72 hours of receipt of the report convene the Sexual Violence Review Committee, which is made up of a member of the JMU Police department, a member of the student affairs administration, and the Title IX Coordinator or designate to determine appropriate actions in accordance with Virginia Code § 23.1-806 Reporting of Acts of Sexual Violence

The university will not pursue alleged policy violations of personal consumption of alcohol or drugs against students who are reporting sexual harassment on their own behalf or against students who participate as witnesses in procedures under this policy, even if these substances were involved. (Virginia Code Ann. § 23.1-808(B)) The university will not pursue alleged policy violations for personal consumption of alcohol or drugs against employees, affiliates, or visitors where such disclosure is made in conjunction with a good faith report of an act of sexual violence. (Virginia Code Ann. § 23.1-808(B))

Pursuant to Virginia Code § 23.1-900. Academic transcripts; suspension, permanent dismissal, or withdrawal from institution in cases where a student respondent is found responsible and suspended or expelled for sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, a notation will be placed on the student respondent’s transcript for the duration of the suspension or expulsion. If a student respondent withdraws while under investigation for an allegation of sexual violence, a notation will be placed on the student respondent’s transcript until a final decision in the case is rendered. 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

Student respondents receiving a transcript notation for a suspension will have it automatically removed by the Office of the Registrar once the suspension period has ended. After a period of three years, students may contact OSARP to request removal of a notation for good cause shown.

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