JMU Policies, State Laws, Federal Laws

Policy 1302: Equal Opportunity and Non-Discrimination sets forth the university’s commitment to providing equal opportunity and a work and education 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 dating and domestic violence, sexual assault, sexual harassment, stalking, and retaliation in its programs and activities in the United States as required by Title IX and implementing regulations that took effect on August 14, 2020.

Policy 1346 corresponds to the JMU Student Handbook policy for Title IX sexual harassment.

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

Policy 1340 corresponds to the JMU Student Handbook policy for sexual misconduct.

Policy 1324: Discrimination and Retaliation Complaint Procedures sets out the university’s procedures for responding to discrimination on the basis of sex other than what is covered under Policy 1340 and Policy 1346.

Upon receipt of a report alleging sexual violence, the Title IX Coordinator will promptly 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 designee 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 the Office of Student Accountability and Restorative Practices to request removal of a notation for good cause shown.

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 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)) requires all colleges and universities who receive federal funding to publish information about reported crimes 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.
The Violence Against Women Act (42 U.S.C. § 13701) creates and supports comprehensive, cost-effective responses to dating and domestic violence, sexual assault, and stalking.

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