The Title IX Office is responsible for receiving and responding to all reports and formal complaints of alleged sexual misconduct or Title IX sexual harassment and other discrimination on the basis of sex involving JMU community members.

A report is an oral or written allegation received by the Title IX Office that describes an alleged instance of sexual harassment by a student, employee, affiliate, or visitor, whether or not a complainant or respondent is identified by name. A report of an alleged incident that is received by the Title IX Office may be actionable under this policy and may lead to the initiation of a formal complaint process.

Upon receipt of a report, the Title IX Office will contact the complainant, generally by email, to discuss the availability of supportive measures and to explain the process for filing a formal complaint, should the complainant so choose. The complainant is not required to respond to outreach by the Title IX Office. A complainant does not need to file a formal complaint to request supportive measures through the Title IX Office.

The Title IX Office will also identify any immediate health or safety concerns raised by the report. The Title IX Office is not assessing or determining responsibility. The presumption is that no policy violation has occurred until the conclusion of a campus adjudication process and unless proven otherwise in a campus adjudication process by a preponderance of the evidence.

The Title IX Office will generally not contact the respondent until a formal complaint is filed, unless a supportive measure is implemented that directly affects the respondent.

Individuals may report anonymously using the online report form. Depending on the amount of information shared in an anonymous report, the university's ability to respond to the report may be limited. 

Pursuant to Virginia Code § 23.1-806. Reporting of acts of sexual violence, if a report alleges sexual violence, the Title IX Coordinator or designee shall 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 if the report with identifying information should be sent to appropriate law enforcement. If a disclosure to law enforcement or the commonwealth is deemed necessary, the Title IX Office will notify the complainant.

Individuals who need reasonable accommodations to access and participate in the programs and services of the Title IX Office are encouraged to contact the Title IX Office directly at 540-568-5219 or titleix@jmu.edu as soon as practicable. JMU students may instead contact the Office of Disability Services at disability-svcs@jmu.edu for assistance with communicating the need for reasonable accommodations to the Title IX Office. JMU employees who need reasonable accommodations for a disability in order to access and participate in the programs and services of the Title IX Office may instead contact their Benefits Specialist in Human Resources for assistance with communicating the need for reasonable accommodations to the Title IX Office.

The university will not pursue alleged policy violations of personal consumption of alcohol or drugs against students who are reporting sexual misconduct on their own behalf, or against students who participate as witnesses in procedures under Policy 1340 or 1346, even if these substances were involved. (Va. 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. (Va. Code Ann. § 23.1-808(B))

The Title IX Office communicates with university students and employees using the university student or employee’s assigned JMU email address. As laid out in Policy 1209: Electronic Messaging, university community members are responsible for regularly checking and maintaining their assigned email accounts. Email correspondence including notifications sent by the Title IX Office are considered received one day after the correspondence was sent.

Meetings with the Title IX Office will generally be scheduled during regular university hours of business operation, which are Monday to Friday, 8:00 a.m. to 5:00 p.m., unless the university is closed. If the Title IX Office assigns a meeting time and date to a party participating in a formal complaint investigation, such meetings for students will generally be set around the student’s academic schedule. Such meetings for employees will be scheduled to take place during regular university business hours.

The specific procedures the university uses to determine if emergency removal is justified for a respondent can be found in Policy 1115: Violence Prevention.

A non-student employee respondent may be placed on paid or unpaid administrative leave pending the completion of a formal complaint process. Administrative leave does not constitute an emergency removal pending outcome. This decision will be made by the respondent’s immediate supervisor, or another individual in the respondent’s supervisory reporting structure if the immediate supervisor is the complainant. Employees may challenge this decision in writing to their respective vice president/provost.

A complainant may choose to make a report to the Title IX Office and may also choose to make a report to law enforcement. A complainant may pursue either or both of these options at the same time. A complainant who wishes to pursue criminal action should contact law enforcement directly. No responsible employee will dissuade complainants from exercising their right to report to law enforcement.

The existence of criminal proceedings will not unnecessarily delay or interrupt the procedures outlined in this policy, unless the law enforcement agency or prosecution advises that the university procedures be suspended, in which case the university will determine whether and for how long to suspend its procedures. Evidence and information gathered during the university’s investigation of a formal complaint may be shared with law enforcement agencies as permissible by law.

The university prohibits retaliation against a group or individual exercising rights under and/or participating in, or refusing to participate in, any procedures under this policy. Retaliation constitutes a form of misconduct and may result in sanctions separate from, and not dependent on, the outcome of any report or formal complaint filed under this policy.

Alleged claims of retaliation against students will be referred to the Office of Student Accountability and Restorative Practices (OSARP). Alleged claims of retaliation against employees and affiliates will be referred to Human Resources or Academic Affairs, as applicable. OSARP, Human Resources, and Academic Affairs will evaluate and adjudicate retaliation claims according to standard procedures for alleged misconduct. Procedures for retaliation claims will be prompt and equitable.