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. 

  • The Case Administrator who will be assigned to adjudicate the case. 

  • Whether the potential outcomes of the case include suspension or expulsion

To evaluate the potential of suspension or expulsion as an outcome for a case, OSARP will consider a variety of factors, including but not limited to:   the impact on the safety of the student and/or community; whether the behavior created a risk to the campus community; the student’s previous history in OSARP; how many strikes the student has for alcohol/drug violations.

Typically, these determinations occur 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 that an alleged violation(s) may have occurred, 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 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 pendingthe conclusion of the Accountability Process and/or the completion of any outstanding sanctions as determined by the Director of OSARP or designee.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, after a final decision in the case has been rendered, the effective date of an immediate suspension or expulsion will be the date of the initial Case Review. The campus ban associated with a decision of immediate suspension or expulsion does not go into effect until the decision in the case is final, unless the Responding Party is under an Interim Suspension Status that provides for this ban until the final decision in the case. 

 

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