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.

Interim Suspension

If the Director of OSARP or a designee determines that a student presents a risk to the orderly operation of the university or to the safety and welfare of members of the university community, the Director of OSARP or designee may initiate the Interim Suspension Process and place the Responding Party under an Interim Suspension Status. For incidents that result in an Interim Suspension Status, an Administrative Case Review will not occur. Instead, Interim Suspensions will proceed as follows: 

  1. The Responding Party will be notified of the alleged policy violation(s) against them and that they are being placed under an Interim Suspension Status by a professional staff member from OSARP through a method that may include, but is not limited to, in person notification, notification via the Responding Party’s JMU email address, or notification via telephone. While under an Interim Suspension Status the Responding Party is barred from the university campus; the Responding Party may not attend classes, enter or live in residence halls, or enter property owned or leased by James Madison University without permission from the Director of OSARP or designee. If the Responding Party comes to the campus without permission, they will be subject to arrest for trespassing and additional alleged policy violation(s) in OSARP. At their discretion, the Director of OSARP or designee may choose to provide specific provisions that allow the student to come onto campus as a part of the Interim Suspension Status (i.e. to attend classes only; to attend a meeting related to the accountability process); if this special provision is made, it will be communicated to the student and to JMU Public Safety.  

  2. Within two business days of the Responding Party receiving notice that they are being placed under an Interim Suspension Status with or without specific provisions, the Responding Party may request an Interim Suspension Appeal Review.  An Interim Suspension Appeal Review does not determine whether or not a student is responsible for violating university policy nor any sanctions for the case. An Interim Suspension Appeal Review only determines if the current Interim Suspension Status, with or without specific provisions, will be upheld, overturned, or altered (including the removal of previously granted specific provisions) until the decision in the case is finalized. If the current Interim Suspension Status, with or without specific provisions, is upheld at the Interim Suspension Appeal Review, the Interim Suspension Status with or without specific provisions will remain in place until the conclusion of the Accountability Process. 

    • Interim Suspension Appeal Reviews will be conducted by a University Case Administrator

    • Responding Parties may be accompanied at their Interim Suspension Appeal Review by a Support Person, provided the Support Person is able to attend. A Support Person attending an Interim Suspension Appeal Review may not communicate for or speak on behalf of the Responding Party but may give advice to the Responding Party on how to present their case; a Support Person cannot also serve as a witness in the Accountability Process. The Support Person must be a current student, faculty or staff member selected from the university community or an Attorney. 

    • The Interim Suspension Appeal Review will be audio and/or video recorded; students are not permitted to make recordings of Interim Suspension Appeal Reviews. OSARP reserves the right to include information shared or evidence provided during the Interim Suspension Appeal Review related to the alleged incident or behavior in the case file to be used in the adjudication of the case. 

  3. An Accountability Board Case Review will be held to determine if the Responding Party is responsible for the alleged policy violation(s) and, if applicable, sanctions. See Accountability Board Case Review  for information on this process; the Responding Party has the right to submit a written appeal of the decision or recommendations made at the Accountability Board Case Review as outlined in the Accountability Process.

    • In circumstances where an Interim Suspension Status, with or without specific provisions, is enacted and the Responding Party does not request an Interim Suspension Appeal Review, the Accountability Board Case Review will take place within ten business days from the date the Responding Party was originally notified of the Interim Suspension Status, with or without specific provisions. 

    • In circumstances where an Interim Suspension Status, with or without specific provisions, is enacted and the Responding Party requests an Interim Suspension Appeal Review, the Accountability Board Case Review will take place within ten business days from the date of the Interim Suspension Appeal Review.

Circumstances that surround Interim Suspension Status often involve concurrent criminal charges, and sometimes involve concurrent civil litigation. OSARP may implement an Interim Suspension Status, with or without specific provisions, prior to the conclusion of the criminal or civil process; decisions made as a part of the Interim Suspension or Accountability Process will not be revisited at the conclusion of the criminal or civil process. 

In cases where a student has extenuating circumstances, including but not limited to incarceration, that prevent attendance at an Interim Suspension Appeal Review, Accountability Board Case Review or Appeal Review the decision to continue with or delay the Accountability Process is at the discretion of the Director of OSARP or designee. 

If an Interim Suspension occurs during the last three weeks of the semester or during summer sessions for alleged policy violation(s), the Accountability Board Case Review will be heard by a University Case Administrator. In these circumstances, if the student chooses to appeal the University Case Administrator’s decision, the Appeal Review will be heard by an Associate Vice President for Student Affairs, Assistant Vice President for Student Affairs, or designee. 

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