NOTE: The information contained in this section of the handbook is only applicable for those participating in the Accountability Process. For cases alleging Sexual Misconduct, see the “Sexual Misconduct Accountability Process” section within this Handbook.

Links to sections of the Accountability Process

Administrative Case Review

Accountability Board Case Review

Submitting an Appeal

Interim Suspension

Determining an Alleged Policy Violation

Any JMU student, faculty, or staff member believing that a student has violated a university policy may bring an alleged policy violation by giving relevant details of the alleged violation to OSARP. If a case is reported by a non-JMU person, it may be considered for adjudication if it follows the guidelines listed in the “Jurisdiction” section of the Student Handbook.  Generally, resolution of these allegations will follow the process below. However, cases involving alleged conduct that falls under policy J34-100 Sexual Misconduct will follow the separate and distinct Sexual Misconduct Accountability Process. Responding Parties and Reporting Parties in cases involving alleged sexual misconduct should review policy J34-100 Sexual Misconduct, the Sexual Misconduct Accountability Process, and the “Responsibilities and Rights – Sexual Misconduct.” 

Throughout the Accountability Process, Responding Parties are afforded certain rights outlined in the “Responding Party - Responsibilities and Rights – Administrative Case Review” and the “Responding Party - Responsibilities and Rights – Accountability Board Process.” 

Upon receiving relevant details of the alleged violation, OSARP will determine: 

  • Whether there are grounds for notification of an alleged violation and the initiation of the Accountability Process. 

  • Whether the incident should be referred for restorative practices or to other university officials, administrative committees, or conduct processes.  

Typically, this determination occurs upon OSARP receiving a police report, community report, incident report, incident narrative, witness statement, or record of court outcome, but alleged violations may be placed in other circumstances at the discretion of the Director of OSARP or designee. 

If the information produced provides sufficient cause to believe that a violation(s) may have taken place: 

  • The Responding Party will be notified of the alleged policy violation(s). In accordance with JMU Policy 1209, proper notification of an alleged policy violation(s) shall consist of an email to the student’s official JMU e-mail address. The notice will be considered received the day after the notice is sent via email. 

  • The email notification will state the relevant policy or policies for the alleged violation(s) but will not list the specifics of the alleged incident. For the purposes of adjudicating alleged violation(s) of policy in the Accountability Process, OSARP will determine if any of the clauses listed within the policy were violated based on the information presented using a preponderance of the evidence standard. 

  • When students are informed of their alleged violations, they may also be instructed to have "no direct or indirect contact" with specific members of the university community. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. This instruction does not prohibit contact through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP. OSARP will not pursue alleged violations of the no contact order that occur through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP unless the contact may have violated policy  J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or Accountability, Honor Council, or other University Conduct Process or other policies as listed in the Student Handbook. 

  • The student will be asked to schedule an Administrative Case Review in OSARP. 

The university may proceed with alleged violations and the Accountability Process regardless of enrollment status of the Responding Party or have alleged violations and/or sanctions remain pending until a Responding Party’s request to re-enroll is received. In most circumstances, the university will not proceed with the Accountability Process during a period in which a Responding Party is not actively enrolled in classes. The decision to proceed or not proceed with the Accountability Process when the Responding Party is not enrolled in classes is at the discretion of the Director of OSARP or designee and will be based on the severity of the case and the availability and/or preference of relevant persons to the case, including but not limited to the Responding Party, the Reporting Party, Administrative Witnesses, and OSARP staff members. If the Responding Party is enrolled in classes and relevant persons to the case are available, OSARP will generally proceed with the Accountability Process.  

OSARP may address behavior that occurs at any point while a person is considered a student, as defined in the Handbook. Accordingly, this may result in the student’s diploma and/or official transcripts being withheld pending the conclusion of the Accountability Process and/or the completion of any outstanding sanctions as determined by the Director of OSARP or designee. In addition, for these cases, if the sanction is immediate suspension or expulsion, it will be deemed effective for the most recent semester the student attended, which may mean a loss of academic credits for that semester. 

For any student who receives an immediate suspension or expulsion, regardless of academic year, the immediate suspension or expulsion will be deemed effective for the most recent semester the student attended, which may mean a loss of academic credits for that semester. Further, an immediate suspension will begin on the date of the initial Case Review even if the final decision in the case goes through appeal and review by the Dean of Students or designee. 

 

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