Any member of the university community who believes they have been discriminated or retaliated against may file a complaint. Complaints may also be filed by someone—including individuals external to the university community—who is aware of conduct that may be discriminatory or retaliatory but who has not directly experienced this conduct.

Complainant: A complainant—the individual directly impacted by discriminatory or retaliatory conduct—may file a complaint on their own behalf.

Third Party: An individual who did not directly experience discrimination or retaliation, but who witnesses or has information about discriminatory or retaliatory conduct, may file a complaint.

JMU Administration: While the decision to file a complaint will generally rest with the complainant, if the university determines there is an elevated risk to individual or campus safety, the university may elect to override the preference of the complainant and direct the OEO to move forward with initiating the formal complaint process. In those circumstances, the complainant, if known, will be informed of the decision of the university and provided the opportunity to participate in the investigation and any subsequent campus adjudication processes.

• complainant's name;
• complainant's contact information;
  *If the complaint is filed by a third party, the third-party filer's name and contact information;
• respondent's name;
• approximate date, time, and location of the alleged incident(s);
• a description of the alleged incident(s);
• the protected characteristic(s) that is (are) the basis of the complaint; and
• the impact on the learning and/or working environment at JMU of the complainant

• Initial Evaluation: Within ten business days of the complaint filing date, the OEO must conduct an initial evaluation to determine whether to proceed with or dismiss the complaint, or any portion thereof, and whether Policies 1304 or 1346 would apply in addition to 1324. The OEO, in the complaint evaluation stage, is not assessing or determining responsibility. The presumption is that no policy violation has occurred unless proven otherwise pursuant to the formal procedures process by a preponderance of the evidence. Factors taken into consideration when conducting the initial violation can be found in section 6.3 of policy 1324.
  
  The initial evaluation process concludes with the OEO determination of whether to proceed with or dismiss the complaint, or any portion thereof. The OEO will provide written notification of the initial evaluation determination to:
  • the complainant regarding allegations dismissed, allegations to proceed and allegations referred and
  • the respondent and respondent's (supervisor if applicable) regarding allegations to proceed
    
    
• Interim Measures: Beginning with complaint receipt, the OEO will determine whether interim measures are appropriate. To assess and determine the need for interim measures, the OEO will consider the nature and severity of the allegations, the ongoing safety threat to the complainant or the community, and the totality of the circumstances. OEO will consult with university administration to determine appropriate interim measures, if any. OEO will notify university administration of any interim measures.
  
  
• Meeting with Complainant: After notifying the complainant that OEO will proceed with the complaint or any portion thereof, OEO will meet with the complainant for the purposes stated below. Following the initial meeting with the complainant, the OEO will notify the parties in writing of the complainant’s procedure selection, and next steps in the process.
  • Confirmation of Factual Allegations: The OEO will meet with the complainant to confirm the factual allegations that form the basis of the complaint.
  • Procedure Selection: OEO will discuss the procedure options with the complainant, and the complainant will be asked to indicate whether they prefer to resolve the complaint through informal procedures or formal procedures. This decision may subsequently be altered by the complainant.

The OEO will review the complaint to make a threshold determination as to whether or not the complaint is eligible for a complaint investigation. If the conduct alleged in a complaint meets any of the following criteria, the complaint must be dismissed as to that conduct according to the factors bulleted below.

• The alleged conduct would not constitute discrimination or retaliation as defined by Policy 1324.
• The alleged conduct does not involve, as a respondent, a member or former member of the university community at the time of the alleged events.
• The alleged conduct does not involve, as a complainant, a member or former member of the university community at the time of the alleged events.
• The alleged conduct does not involve at least one of the following criteria:
  • occurred in connection with any level or area of university operations, programs, or activities
  • occurred on university-owned, university-leased or university-controlled property; or
  • has an impact on the complainant's ability to participate in the programs or activities of the university, including the working or learning environment.
• the complaint was filed more than 180 days after the most recent event and the OEO determines there is not good cause to extend the deadline