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.


Responding Party

Responsibilities and Rights- Administrative Case Review

Responsibilities and Rights- Accountability Board Process

Administrative Witness

Reporting Party- Physical Force

Reporting Party

Reporting Party Witness

Responding Party Witness

Support Person


Responding Party

A Responding Party is a student who receives notification of an alleged policy violation(s) and is afforded rights and an Accountability Process by OSARP to respond to those alleged policy violation(s). The availability of a Responding Party is considered when OSARP schedules an Accountability Board Case Review or Appeal Review, if applicable. OSARP confers the rights outlined in the Responding Party – Responsibilities and Rights – Administrative Case Review and Responding Party – Responsibilities and Rights --Accountability Board Process, as applicable, to those who meet this definition. 


Responding Party - Responsibilities and Rights – Administrative Case Review 

Procedural Responsibilities of the Office of Student Accountability and Restorative Practices  

  1. OSARP will provide a fair and impartial process that presumes the Responding Party not responsible for violating policy. 

  2. OSARP will ensure the use of a preponderance of the evidence standard to determine if a Responding Party is responsible for violating policy. 

  3. OSARP will notify the Reporting Party of the outcomes of the case related to the alleged violation of J43-100 Physical Force or Attempted Physical Force. 

Responding Party Rights in an Administrative Case Review  

A Responding Party has the following rights at an Administrative Case Review: 

  1. The right to receive notification of all policies allegedly violated via their official JMU email address; the right to know the alleged behavior leading to the allegation(s). 

  2. The right to be notified of the date, time, and location of the Administrative Case Review at least three days prior to the Administrative Case Review. 

  3. The right to attend the entire Administrative Case Review, except for administrative consultation or follow up. 

  4. The right to not answer the Case Administrator’s questions or provide information to be used in the adjudication of the case.

  5. The right to know and respond to all information being used by the Case Administrator to determine whether or not the student violated policy; the right to provide information to be included in the adjudication of the case in accordance with any deadlines and restrictions that may be listed in the Accountability Process. 

  6. The right to be notified orally of the Case Administrator’s decision once the Case Administrator has made a determination of whether or not the student is responsible for the violation and, if applicable, the sanctions imposed. 

  7. The right to receive the decision in writing within ten business days of when the Responding Party accepts the decision made by the Case Administrator. 

  8. The right to reject the decision made by the Case Administrator and have the case re-heard by member(s) of the Accountability Board at an Accountability Board Case Review.  


Responding Party - Responsibilities and Rights -Accountability Board Process 

Procedural Responsibilities of the Office of Student Accountability and Restorative Practices and the Accountability Board 

  1. OSARP and the Accountability Board will provide a fair and impartial process that presumes the Responding Party not responsible for violating policy. 

  2. OSARP and the Accountability Board will ensure the use of a preponderance of the evidence standard to determine if a Responding Party is responsible for violating policy. 

  3. OSARP will notify the Reporting Party of the outcomes of the case related to the alleged violation J43-100 Physical Force or Attempted Physical Force. 

Responding Party Rights in an Accountability Board Process  

A Responding Party has the following rights at an Accountability Board Process:  

  1. The right to receive notification of all policies allegedly violated via their official JMU email address; the right to know the alleged behavior leading to the allegation(s). 

  2. The right to be notified of the date, time, and location of the Accountability Board Case Review and, if applicable, Appeal Review at least three days prior to the Accountability Board Case Review or Appeal Review. 

  3. The right to attend the entire Accountability Board Case Review, except for closed deliberation. In Appeal Reviews granted on the grounds of new evidence, the right to present the new evidence to the Appeal Board. 

  4. The right for a Support Person to attend the Accountability Board Case Review or Appeal Review in accordance with the restrictions outlined in the Accountability Process. A Support Person attending an Accountability Board Case Review or Appeal Review may not communicate for or speak on behalf of a Responding Party but may provide support or advice on how to present the case. 

  5. The right to not answer questions or provide information to be used in the adjudication of the case. 

  6. The right to know and respond to all information being used to make a decision in the case; the right to provide information to be included in the case file and used in the adjudication of the case in accordance with the deadlines and restrictions listed in the Accountability Process. 

  7. The right to question all witnesses who present at the Accountability Board Case Review or Appeal Review, when applicable. 

  8. The right to have witnesses present at the Accountability Board Case Review or Appeal Review in accordance with the restrictions listed in the Accountability Process, provided witnesses are able to attend the scheduled Accountability Board Case Review or Appeal Review; the right to provide witness statements to be included in the adjudication of the case in accordance with the deadlines and restrictions listed in the Accountability Process. 

  9. The right to have previous history in OSARP and/or sanctions imposed not be disclosed to the voting Board Members serving on the Accountability Board Case Review unless they find the Responding Party is responsible for violating policy in order to determine the appropriate sanctions to impose or recommend. The Responding Party may elect to share previous violations or sanctions with the Board Members as a part of their own statements. 

  10. The right to be notified of the Accountability Board’s decision or recommendation and, if applicable, sanctions at the conclusion of the Accountability Board’s closed deliberation. When a student does not attend the Accountability Board Case Review, the right to receive the Accountability Board’s decision or recommendation and, if applicable, sanctions on the following business day.  

  11. The right to submit a written appeal of the decision made at the Accountability Board Case Review within four days of the Accountability Board Case Review on the following grounds: 

    • An allegation that OSARP violated procedural standards by failing to adhere to its responsibilities and/or the Accountability Process. 

    • New evidence that was not available or accessible at the time of the Accountability Board Case Review or only relevant to refute information shared for the first time at the Accountability Board Case Review. 

  12. The right to have access to a recording of the Accountability Board Case Review solely for the purpose of preparing a written appeal upon request. 

  13. The right to receive the decision rendered at the Accountability Board Case Review in writing within ten business days of the Accountability Board Case Review if an appeal is not submitted. If an appeal is submitted and an Appeal Review is not granted, the right to receive the decision rendered at the Accountability Board Case Review in writing within ten business days from when notification is received that the Appeal Review will not take place. 

  14. When an Appeal Review is granted, the right to receive the decision rendered at the Appeal Review in writing within ten business days of the Appeal Review if a review by the Dean of Students or designee is not required. 

  15. In cases where the Dean of Students or designee is required to conduct a final review of the recommendation rendered at the Accountability Board Case Review or Appeal Review, the right to receive the final decision in the case in writing within ten business days of when the Dean of Students or designee concludes their review. 

Administrative Witness

An Administrative Witness is a person(s) that provides a report, statement, evidence, or other information to be used in the placing or adjudication of an alleged policy violation in OSARP.  Administrative Witnesses are not called as a witness by a Responding Party or Reporting Party but are determined by OSARP as having relevant information necessary for the adjudication of the case. Administrative Witnesses may include, but are not limited to, Residence Life Staff, Faculty members, University Staff, or Police Officers reporting alleged violation(s). Administrative Witnesses do not present against a Responding Party, but it is often their interaction with a Responding Party and/or a Reporting Party that led to an alleged policy violation being placed by OSARP. The Accountability Board Case Review is scheduled by OSARP around the availability of an Administrative Witness, but OSARP cannot compel a witness to attend. If an Administrative Witness is unable to participate at an Accountability Board Case Review, the case review will be based on the Administrative Witness’ written report; written reports will be used at the Administrative Case Review. Administrative Witnesses do not have the right to be accompanied by a Support Person at an Accountability Board Case Review unless they are also defined by OSARP as a Reporting Party or a Reporting Party (J43-100 Physical Force or Attempted Physical Force) in a case in addition to being an Administrative Witness (e.g. a Resident Advisor or Police Officer who in the course of doing their job also experiences behavior like Physical Force or Attempted Physical Force). In cases where an Administrative Witness is also defined as a Reporting Party or a Reporting Party (J43-100 Physical Force or Attempted Physical Force), they will be permitted the same rights as a Reporting Party or a Reporting Party (J43-100 Physical Force or Attempted Physical Force).  

Reporting Party (J43-100 Physical Force or Attempted Physical Force

A Reporting Party (J43-100 Physical Force or Attempted Physical Force) is a person who reports that they have experienced behavior committed by a JMU student that can be addressed by the Accountability Process for JMU Policy J43-100 Physical Force or Attempted Physical Force.  A Reporting Party (J43-100 Physical Force or Attempted Physical Force) need not necessarily present alleged policy violation(s) against a Responding Party, but it is often their interaction with a Responding Party that led to an alleged policy violation being placed by OSARP. Written statements provided by a Reporting Party (J43-100 Physical Force or Attempted Physical Force) are typically all that is used during Administrative Case Reviews. The availability of a Reporting Party (J43-100 Physical Force or Attempted Physical Force) is considered when OSARP schedules an Accountability Board Case Review. OSARP cannot compel, mandate, or require Reporting Parties (Physical Force or Attempted Physical Force) to attend or participate in the Accountability Process. OSARP confers the rights outlined in the Reporting Party Rights (J43-100 Physical Force or Attempted Physical Force) to those who meet this definition. 

Reporting Party (J43-100 Physical Force or Attempted Physical Force) Rights  

The Reporting Party (J43-100 Physical Force or Attempted Physical Force) for an incident(s) that allegedly violates JMU Policy J43-100 Physical Force or Attempted Physical Force has the following rights: 

  1. The right to be notified of the date, time and place of the Accountability Board Case Review at least three days prior to the Accountability Board Case Review via email. 

  2. The right for a Support Person to attend the Accountability Board Case Review in accordance with the restrictions outlined in the Accountability Process. A Support Person for the Reporting Party may not also serve as a witness in the case.  

  3. The right to be informed of the outcomes in the case related to the alleged violation of J43-100 Physical Force or Attempted Physical Force and any sanctions. 

Reporting Party 

A Reporting Party is a person who reports that they have experienced behavior committed by a JMU student that can be pursued by the Accountability Process. A Reporting Party need not necessarily present alleged policy violation(s) against a Responding Party, but it is often their interaction with a Responding Party that led to an alleged policy violation being placed by OSARP. Written statements provided by a Reporting Party are typically used during Administrative Case Reviews. The availability of a Reporting Party is considered when OSARP schedules an Accountability Board Case Review. OSARP cannot compel, mandate, or require Reporting Parties to attend or participate in the Accountability Process. OSARP confers the rights outlined in the Reporting Party Rights to those who meet this definition. 

Reporting Party Rights  

The Reporting Party for an incident(s) that allegedly violates JMU policy(s) committed by a JMU student that does not fall under J43-100 Physical Force or Attempted Physical Force in the Accountability Process has the following rights: 

  1. The right to be notified of the date, time and place of the Accountability Board Case Review at least three days prior to the Accountability Board Case Review via email. 

  2. The right for a Support Person to attend the Accountability Board Case Review in accordance with the restrictions outlined in the Accountability Process. A Support Person for the Reporting Party may not also serve as a witness in the case.  

Reporting Party Witness  

A Reporting Party Witness is a person who provides a report, statement, evidence, or other information to be used in the placement and/or adjudication of alleged policy violation(s) in OSARP’s Accountability Process at the request of a Reporting Party.  A Reporting Party Witness may provide their perspective as a written statement, in person, or both, in accordance with any restrictions put in place as listed in the Student Handbook. A Reporting Party Witness can provide information relevant to the case, including what they know about the alleged incident, what the Reporting Party has shared with them about the alleged incident, or their knowledge of the Reporting Party. A Reporting Party Witness may not provide their perspective on the character of the Responding Party or what they feel the appropriate decision or sanction in the case should be at any time during the process. The availability of a Reporting Party Witness may be considered when OSARP schedules an Accountability Board Case Review depending on the level of involvement of the witness in documenting the incident.  OSARP cannot compel, mandate, or require witnesses attend or participate in the Accountability Process. It is the responsibility of the Reporting Party to coordinate their witnesses’ attendance. OSARP confers the rights outlined in the Reporting Party Witness Rights to those serving in this role. 

Reporting Party Witness Rights 

A Reporting Party Witness called by a Reporting Party has the following rights: 

  1. The right to be notified of the date, time, and place of the Accountability Board Case Review at least three days prior to the case review via email.

  2. The right for a Support Person to attend the Accountability Board Case Review in accordance with the restrictions outlined in the Accountability Process. A Support Person for a Reporting Party Witness may not also serve as a witness in the case. 

Responding Party Witness 

A Responding Party Witness is a person who provides a report, statement, evidence, or other information to be used in the adjudication of alleged policy violation(s) in OSARP's Accountability Process at the request of a Responding Party.  A Responding Party Witness may provide their perspective as a written statement, in person, or both, in accordance with any restrictions put in place as listed in the Student Handbook. A Responding Party Witness can provide information relevant to the case, including what they know about the alleged incident, what the Responding Party has shared with them about the alleged incident, or their knowledge of the Responding Party.  A Responding Party Witness may not provide their perspective on the character of the Reporting Party, if applicable, or what they feel the appropriate decision or sanction in the case should be at any time during the process. The availability of a Responding Party Witness is not considered when OSARP schedules an Accountability Board Case Review or Appeal Review, if applicable. OSARP cannot compel, mandate, or require witnesses attend or participate in the Accountability Process. It is the responsibility of the Responding Party to coordinate their witnesses’ attendance. OSARP confers the rights outlined in the Responding Party Witness Rights to those serving in this role. 

Responding Party Witness Rights

A Responding Party Witness called by a Responding Party has the following rights: 

  1. The right to be notified of the date, time, and place of the Accountability Board Case Review at least three days prior to the case via email. 

  2. When a Responding Party Witness is called to present at an Accountability Board Appeal Review, the right to be notified of the date, time, and place of the Appeal Review at least three days prior to the Accountability Board Appeal Review via email. 

  3. The right for a Support Person to attend the Accountability Board Case or Appeal Review in accordance with the restrictions outlined in the Accountability Process. A Support Person for a Responding Party Witness may not also serve as a witness in the case.

Support Person

Reporting Parties, Responding Parties, Reporting Party Witnesses, and Responding Party Witnesses participating at an Accountability Board Case Review, Accountability Board Appeal Review, and Interim Suspension Appeal Review, as applicable, may be accompanied by a Support Person; a Support Person may not attend an Administrative Case Review. In the Accountability Process: 

  1. Current JMU Students, current JMU Faculty, current JMU Staff, or Attorneys may serve as a Support Person. The University does not provide students participating in the Accountability Process with a Support Person. It is the participant’s responsibility to determine a Support Person and coordinate their participation. 

  2. OSARP does not consider the availability of a Support Person when scheduling an Accountability Board Case Review, Accountability Board Appeal Review, or Interim Suspension Appeal Review nor can OSARP compel a Support Person to attend. It is the participant’s responsibility to coordinate a Support Person’s attendance. 

  3. A Support Person may not also serve as a witness at the Accountability Board Case Review or, if applicable, Appeal Review for the case. 

  4. Prior to an Accountability Board Case Review, Accountability Board Appeal Review, or Interim Suspension Appeal Review, a Support Person may help the participant prepare for the case, which may include accompanying the Responding or Reporting Party while reviewing the case file in OSARP and communicating with OSARP and/or the University about the case and/or procedures with the permission of the Responding or Reporting Party.  

  5. During an Accountability Board Case Review, Accountability Board Appeal Review, or Interim Suspension Appeal Review, a Support Person accompanying a participant may not communicate for or speak on behalf of the participant. Responding Parties, Reporting Parties, and witnesses must present their statements or information themselves.   

  6. During an Accountability Board Case Review, Accountability Board Appeal Review, or Interim Suspension Appeal Review, a Support Person may consult with the participant on how to present their statements or information by whispering, providing notes, or taking notes as long as it does not disrupt the adjudication of the case.   

  7. During an Accountability Board Case Review, Accountability Board Appeal Review, or Interim Suspension Appeal Review, a Support Person may provide emotional support by taking breaks with or requesting breaks on behalf of the participant they are accompanying. 

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