In this section:

• Definitions
• OSARP Mission
• OSARP Philosophy
• University Accountability System Structure
• Changes and Amendments
• Jurisdiction
• Records and Transcript Notations
• General Process Statements

Definitions

Advisor

In the Accountability Process, an Advisor is a staff member assigned by OSARP who serves as the primary point of contact in OSARP for a Responding or Reporting Party and helps them understand their rights and the procedures in the Accountability Process. An Advisor does not advocate for a Responding Party or Reporting Party nor help them prepare their statements, gather evidence, or provide guidance on what a Responding Party or Reporting Party should do in order to achieve a specific outcome in the case.

Board Chair

The Board Chair is a faculty or staff member that serves as the presiding member of an Accountability Board Case Review or Appeal Review. In a Sexual Misconduct Case Review and Title IX Sexual Harassment Case Review, this role is served by an OSARP staff member.

Board Member

A university faculty member, staff member, or student who has been trained by OSARP to adjudicate cases at an Accountability Board Case Review and/or Accountability Board Appeal Review. For a Sexual Misconduct Case Review, Sexual Misconduct Appeal Review, Title IX Sexual Harassment Case Review, and/or Title IX Sexual Harassment Appeal Review, this is a university faculty or staff member who has been additionally trained to adjudicate sexual misconduct and Title IX sexual harassment cases.

Case Administrator

In the Accountability Process, a staff member in OSARP who acts as the original decision-making body for cases in which a student has minor, major, or flexible alleged policy violation(s) as classified by OSARP. Case Administrators use a preponderance of evidence standard to determine if the Responding Party is responsible for the alleged policy violation(s) at an Administrative Case Review.

Handbook

The abbreviated term used to represent “JMU Student Accountability Process and Standards of Conduct Handbook”.

JMU

The abbreviated term used to represent “James Madison University”.

OSARP

The abbreviated term used to represent “the Office of Student Accountability and Restorative Practices” at James Madison University.

Possession 

Possession is defined as having, maintaining, owning, having control over, or being responsible for something. Examples of possession include, but are not limited to, holding, keeping, or having something in an area under the responsibility of the student. Areas of responsibility for a student may include, but not be limited to backpacks, refrigerators, residence hall rooms, personal belongings, private rooms, common spaces, and/or vehicles.

Preponderance of the Evidence

Preponderance of the evidence will be the standard of proof used to make determinations for all alleged policy violation(s) in the Handbook. Preponderance of the evidence means that there is greater than a fifty percent likelihood that the Responding Party violated policy.

Public

As defined in Code of Virginia § 4.1-100, "Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane. 

"Public place" does not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Authority in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold. 

"Residence" means any building or part of a building or structure where a person resides, but does not include any part of a building which is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof. 

Student

For the purposes of the Student Handbook, the term “student” includes all persons who enroll or take courses at the university, either full-time, part-time, dual-enrolled, and/or non-degree seeking; this also includes participants in the Bridge to Madison Program or the International Study Center Program. “Student” status will begin at the payment or waiver of the deposit for admission, matriculation into a graduate or doctoral program, or at the payment or waiver of the application fee for admission to classes or programs through Professional and Continuing Education. “Student” status will continue through the verification of the completion of all academic requirements for a declared degree program(s) or the completion of classes or programs through Professional and Continuing Education, and will also continue through the completion of any pending conduct process. Additionally, “student” status will end if a student is permanently separated from the university through expulsion, academic dismissal, or death.

Support Person

Generally, one person who provides support to students participating in the Accountability Process, Sexual Misconduct Accountability Process, and/or Title IX Sexual Harassment Adjudication Process. A Support Person may be an attorney who is adhering to the role given in the Handbook for a Support Person. For more information on this role, including the restrictions for those participating as a Support Person, see the Accountability Process, Sexual Misconduct Accountability Process, and/or Title IX Sexual Harassment Adjudication Process sections of the Handbook.

University

Another term for James Madison University. 

University Case Administrator 

A University Case Administrator is an experienced faculty or staff member of the Accountability Board appointed as such by OSARP to individually adjudicate Case and Appeal Reviews or conduct Interim Suspension Reviews as outlined in the Student Handbook.

University Official 

A University Official includes but is not limited to members of the faculty, administrative staff, classified staff, residence hall staff, JMU police, or event/program staff.

OSARP Mission

We facilitate student development and restoration through a fair process that holds students accountable to community and university standards in order to support student and community success.

OSARP Philosophy

OSARP approaches student conduct from an educational, developmental, and restorative perspective.  We strive to engage students in a fair and equitable process in order to foster a safe learning environment for the entire university community. Our primary concerns are the safety of the university community and the development of students. However, there are some times when the safety of the community or an individual student must take precedence over their needs or a developmental approach.

We believe that individual behaviors do not represent an individual as a whole. We believe that behaviors can have positive and negative impacts on multiple parties and communities. We also believe that while individuals must take responsibility for these behaviors, it is possible to change behavior and to learn from mistakes. In dialogue with students, we strive to illuminate and explore the nature of any harms that have been caused to create a better understanding of the impact behavior can have on one’s self or the community. We strive to motivate students to change their behavior to have more positive impacts and fewer negative impacts.

When determining possible sanctions a student may have as a result of their behavior, we consider not only the particular incident for which the alleged policy violation(s) was placed, but also the overall needs of the individual student. A student’s need for the benefit provided by a particular sanction is not necessarily dependent on their behavior in a particular instance but on the totality of their experience. Although we place a high value on the importance of consistency in our process, we also recognize that every situation and every person is different and sometimes reflect that through our sanctioning. Our sanctions are designed to be educational in nature and based on current theory, best practices, and relevant assessment. Ultimately, we hope to engage in a relationship with students in order to turn negative incidents into opportunities for positive growth.

In addition, OSARP applies the university’s Non-Discrimination Statement, which is as follows, in its processes and procedures. James Madison University does not discriminate on the basis of age, disability, race or color, national or ethnic origin, political affiliation or belief, religion, sex, sexual orientation, gender identity or expression, veteran status, parental status (including pregnancy), marital status, family medical or genetic information, in its employment, educational programs, activities, and admissions. JMU complies with all applicable federal and state laws regarding non-discrimination, affirmative action, and anti-harassment. The responsibility for overall coordination, monitoring and information dissemination about JMU’s program of equal opportunity, non-discrimination, and affirmative action is assigned to the Office of Equal Opportunity.  Inquiries or complaints may be directed to the Office of Equal Opportunity: (540)568-6991, OEO homepage, oeo@jmu.edu. JMU prohibits sexual and gender-based harassment including sexual assault and other forms of inter-personal violence. The responsibility for overall coordination, monitoring and information dissemination about JMU’s Title IX program is assigned to the Title IX Coordinator. Inquiries or complaints may be directed to the Title IX Coordinator: Amy Sirocky-Meck (540)568-5219, Title IX homepage, titleix@jmu.edu.

University Accountability System Structure

JMU has both a right and an obligation to set reasonable standards of conduct for students who voluntarily and willingly choose to become members of the university community. In conjunction with its right to determine reasonable standards, the university has established a system of procedures for use when university policies are allegedly violated. In turn, the university recognizes the need to ensure that students have the right to fair and equitable procedures in the event they receive an alleged policy violation(s).

Whereas criminal courts most often seek to punish or deter unlawful behavior, it is generally accepted that conduct proceedings at educational institutions are intended to impress upon individuals their responsibilities and are an extension of the educational process. In the most severe cases educational processes may require the removal by suspension or expulsion of those who should not remain in the university community. The federal courts have called discipline a part of the educational process. The authority and purpose of university conduct systems have been recognized and affirmed by the courts and are authorized by the President of the University. This authority, which JMU exercises in notifying of alleged policy violation(s) and sanctioning students for violations of its policies, differs in many ways from the power exercised by civil authorities in prosecuting cases of general law.

In adopting an accountability system that depends largely on the participation of students, faculty and staff, JMU recognizes that errors in procedures and rulings may occur. Therefore, when appeals of decisions are made on a basis of technical, procedural or interpretive errors, they will be acted upon within the bounds of two principles. First, the Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process adopted by the university is administrative and not judicial in spirit; considerable latitude must be permitted in order to avoid excessive legalisms. Second, only errors that may reasonably have prejudiced, in a significant way, the interests of a Responding Party/Respondent and/or Reporting Party/Complainant are to be grounds for reversal; it is not intended that technicalities should avert a decision that is substantially valid. Additionally, the right of appeal will typically be extended to the Responding Party/Respondent and not to the Reporting Party. However, in cases alleging sexual misconduct and/or Title IX sexual harassment, the Reporting Party/Complainant is also extended the right to appeal.

The decision to postpone any aspect of the Accountability Process, Sexual Misconduct Accountability Process, or the Title IX Sexual Harassment Adjudication Process for any reason is at the discretion of the Director of OSARP or designee. Anticipated timelines, deadlines, restrictions, or procedures listed within the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process will not be altered except in unexpected and unavoidable circumstances in order to uphold the intent of the process, as determined by the Director of OSARP or designee, or with the agreement of the party(ies), as approved by the Director of OSARP or designee. Any requests for alterations must be communicated to the Director of OSARP or designee as soon as practicable.

Any scheduled meetings in OSARP will be postponed, delayed, or rescheduled when they conflict with days during which the university is closed, including but not limited to university holidays, weekends, or closings due to inclement weather. Timelines stated for the submission of documents to be submitted electronically will not be altered for university closures due to inclement weather, university breaks, university holidays, and weekends. When relevant, students will be informed of the date of any deadlines for submission in their cases by a staff member in OSARP. Further, when stated throughout the Student Handbook, references to the term “day” indicates a calendar day unless otherwise stated.

In most circumstances, the university will not proceed with the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process when the Responding Party/Respondent is not actively enrolled in classes in the current semester. The decision to proceed or not proceed with a process when the Responding Party/Respondent is not actively enrolled in classes in the current semester 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/Respondent, the Reporting Party/Complainant, Administrative Witnesses, and OSARP staff members. If the Responding Party/Respondent is enrolled in classes and relevant persons to the case are available, OSARP will generally proceed with the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process.

The Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process will follow the procedures as outlined in the Student Handbook for the academic year in which the case is being adjudicated and will be based on the policies outlined in the Student Handbook for the academic year during which the alleged incident occurred.

JMU and OSARP are committed to providing programs that are equally inclusive and accessible to all students. If you need accommodation of a disability to support your participation in an OSARP process, send an email to the Office of Disability Services at disability-svcs@jmu.edu (please copy osarp@jmu.edu on that email) to request assistance in communicating your need with our office. OSARP will then consult with the Office of Disability Services, once they have communicated with you, to determine reasonable accommodations for your participation in an OSARP process. All requests must be communicated to OSARP at least three business days prior to a process, so please contact the Office of Disability Services immediately. Additionally, if you want to share your preferred name or pronouns to be used during an OSARP process, email osarp@jmu.edu.

Changes and Amendments

The Vice President for Student Affairs has the authority to enact changes to the policies and procedures defined in the Student Handbook at any time. During the yearly revision process of the Student Handbook, OSARP drafts proposed changes based on the needs and feedback from the community. These proposed changes are distributed to the members of the Accountability Control Board, serving as the voice of the community in the review of any proposed changes. OSARP provides the proposed rationale and any feedback from the Accountability Control Board to the Vice President of Student Affairs who authorizes any changes to the Student Handbook for the upcoming academic year. The campus community shall be informed of any policy or procedural changes enacted.

The Accountability Control Board is convened by OSARP. The Accountability Control Board consists of the Student Government Association (SGA) President, the Graduate Student Association (GSA) President, a representative from the membership of the Student Defenders student organization, two faculty or staff members, and one student appointed by the SGA President who is not a current member of either SGA or Student Defenders. The Associate Vice President for Student Life, the Director of OSARP, and two Student Case Administrators serve as ex officio members.

The university reserves the right at its discretion to change or amend the Handbook at any time. OSARP reserves the right to make grammatical, typographical, or other non-substantive changes to the Handbook at any time without the approval of the Vice President of Student Affairs or feedback from the Accountability Control Board. Students will not be notified of grammatical, typographical, or other non-substantive changes. If any substantive changes need to be made to the Handbook during the current academic year, the changes and rationale for those changes will be sent to the Vice President of Student Affairs for review; if the Vice President of Student Affairs approves these substantive changes during the current academic year, they will be enacted by OSARP and students will be notified.

Jurisdiction

Adjudicative jurisdiction for all cases shall be determined by OSARP. Jurisdiction includes the following:   

• Alleged policy violation(s) occurring on campus, on university leased or controlled properties, on Study Abroad programs, on service programs, or at any university sponsored or endorsed program or event;  
• Substance violations (alcohol or drug, criminal or civil) or felony violations that occur off campus in Harrisonburg or Rockingham County or are adjudicated in Harrisonburg or Rockingham County courts;   
• A review and appropriate response to any report of behavior received from a police officer or other Reporting Party, regardless of location; and,  
• Student behavior that is against the mission of the institution, regardless of the location. 

OSARP may initiate an adjudication process prior to, concurrently, or after the outcome of a court or other adjudicative decision. If the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process for an alleged policy violation(s) in OSARP stems from a current criminal case, civil case, Honor Council case, University Policy 1324 process case, or case being adjudicated by another conduct process on JMU’s campus, the case may be heard concurrently by OSARP. If the case was heard concurrently and the Accountability Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process concludes prior to the resolution of the criminal process, civil case, Honor Council process, University Policy 1324 process, or other adjudicative process on campus, the case in OSARP will not be revisited at the conclusion of the other adjudicative process. 

The university may proceed with notice of alleged policy violation(s), the Accountability Process, the Sexual Misconduct Accountability Process, or the Title IX Sexual Harassment Adjudication Process regardless of enrollment status if the Responding Party/Respondent meets the definition of student as listed in the Student Handbook, or have alleged violation(s) and/or sanctions remain pending until a Responding Party/Respondent’s request to re-enroll, which will trigger the case to be heard at that time. In addition, OSARP reserves the right to retain information regarding alleged behavior that occurred while a person met the definition of a student, send notice of the alleged policy violation(s) to the student, and adjudicate the case should the person return to the university as a student. In the case of former students who return to the university and again meet the definition of a student, OSARP reserves the right to use previous OSARP cases retained under OSARP’s defined records retention policies as disciplinary history for any new alleged violation(s) that occur during the student’s current period as a student.

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, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication 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.

Records and Transcript Notations

As a part of the Accountability Process, Interim Suspension Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process, OSARP creates case files, as an electronic or physical version, to be used by OSARP staff members, University Case Administrators, and/or members of the Accountability Board, including Sexual Misconduct Case Review, Title IX Sexual Harassment Case Review, and Appeal Boards, in the adjudication of the case. For record retention purposes, these case files may include, but not be limited to, student directory information, information regarding the alleged policy violation(s), incident documentation or other statements and/or evidence and information gathered during follow-up conversations, correspondence between OSARP and the student or other participants in the case, notes and/or audio or video recordings submitted to the case, audio and/or video recording made during Accountability Board Case Reviews, Appeal Reviews, Sexual Misconduct Case Reviews, Sexual Misconduct Appeal Reviews, Title IX Sexual Harassment Case Reviews, and Title IX Sexual Harassment Appeal Reviews and record of the decisions made in the case including any sanctions imposed.

In certain circumstances, OSARP may add an account hold to a student’s university account, which prevents the student from registering for classes until the hold is removed by OSARP. In certain cases, at the discretion of the Director of OSARP or designee, this hold will also prevent the receipt of their diploma and official academic transcript. Account holds may be placed in situations including, but not limited to: 

• Pending cases; 
• Pending re-entry interviews with OSARP (following a suspension from JMU); 
• Outstanding sanction(s) to be completed. 

When placed by OSARP, an account hold may be designated as not to be removed until a student has a pending case adjudicated, completes a re-entry interview with OSARP, or completes outstanding sanction(s). In certain circumstances, and at the discretion of the Director of OSARP or designee, an account hold may be temporarily removed and will be permanently removed once the student has completed necessary action(s) with OSARP. Multiple account holds may be added for students depending on the type of case(s) in OSARP. If a student withdraws after being properly notified of alleged violation(s) but prior to a decision being made in the case, OSARP will retain the case file and place an account hold, as noted earlier in this section, indicating that the student has a pending case to be heard if the student chooses to return to JMU. For holds only placed due to an outstanding sanction(s), the relevant case file(s) will be retained until the completion of the sanction(s). See below for more information.

If a student has an outstanding sanction(s), the relevant case file(s) will be retained indefinitely until the completion of the sanction(s). Once the relevant case file(s) reach a time when OSARP would otherwise destroy the relevant case file(s) due to the date of adjudication, the relevant case file(s) will no longer be reported to a third-party as a university disciplinary record, although OSARP will continue to retain these relevant case file(s) indefinitely due to outstanding sanction(s). If at any point these relevant case file(s) are to be kept indefinitely due to other instances noted within the Student Handbook, those procedures will supersede those in this paragraph. For example, if one case file is only being retained indefinitely until the completion of outstanding sanction(s) and the student has another case with OSARP that requires all case files for the student to be kept indefinitely (e.g., suspension, expulsion, or indefinite campus trespass), then the case file that was only being kept indefinitely due to the outstanding sanction(s) would now be kept indefinitely for other reasons and would be shared with a third-party as a university disciplinary record.

If OSARP receives information regarding an alleged policy violation(s) while someone meets the definition of a student, as defined in the Handbook, and notifies them of the alleged violation(s), OSARP reserves the right to retain the information regarding the alleged behavior as a pending case in accordance with its records retention policy listed later in this section and place an account hold, as noted earlier in this section.

In addition, OSARP retains information provided by a Reporting Party, even if it does not lead to a case involving alleged violations or a voluntary referral to Restorative Practices. OSARP generally destroys Reporting Party files after eight academic years from when the Reporting Party case is referred to OSARP (e.g. all information regarding Reporting Party meetings occurring during the 2022-2023 Academic Year will be destroyed at the conclusion of the 2030-2031 Academic Year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any information regarding a Reporting Party meeting that has been destroyed.   

After August 2012, and aside from the exceptions noted in this section, after being found responsible for any violation in OSARP students are considered to have a university disciplinary record and their case file(s) is retained in accordance with the procedures outlined in this section. Students who were found not responsible for a violation, had a policy violation(s) Held in Abeyance, had alleged policy violation(s) Dropped, and/or had an alleged policy violation(s) Dropped-Amnesty are not considered to have a university disciplinary record for these circumstances; however, OSARP does retain the case file in accordance with the procedures outlined in this section.

In addition to maintaining records regarding cases that are adjudicated or pending in OSARP, the pending cases and informal or formal outcomes for students found responsible and sanctioned by Honor Council and the outcomes for cases for students found responsible from the University Policy 1324 process are also maintained by OSARP for the purpose of university disciplinary record checks. These pending cases and outcome records will be retained in accordance with the procedures outlined in this section (e.g., if a student was suspended by Honor Council, OSARP would maintain that outcome record indefinitely). If an entity doing a university disciplinary record check for a Honor Council or University Policy 1324 case requires more information than what OSARP maintains in the outcome record, then the entity will be referred to Honor Council or the Office of Equal Opportunity directly. 

In some circumstances, students may need to disclose the status of their university disciplinary record or violation(s) (e.g. on applications to other universities, job applications, background checks, or some positions and programs at JMU); students who are unsure of what their response should be or who need verification of their violation(s) should contact OSARP. Students must provide permission for OSARP to release retained records on pending cases in OSARP or Honor Council and outcomes of OSARP, Honor Council, and University Policy 1324 cases; OSARP will provide the information requested by the entity upon receiving permission from the student so it is important that the student review both the questions asked by the entity and any release statements they agree to when they provide permission for a release of their records. If the release statement provides permission to release a conduct record, pending cases for OSARP and Honor Council cases will be included in the information provided to the entity. If a student has given a release to OSARP and the disciplinary record request asks if the student is in good standing with the university, OSARP will answer "no" to this only in circumstances where a student is currently on a disciplinary suspension, has been expelled, has a transcript notation as outlined in the Records and Transcript Notations section, or has a pending case whose notification stated there was a possibility of suspension or expulsion as an outcome for the case. In addition, a university disciplinary record and corresponding case files may be subject to disclosure through court orders or subpoenas.

OSARP may disclose information contained in a university disciplinary record to all eligible persons as outlined in the exceptions listed in the Family Educational Rights and Privacy Act (FERPA). Specifically, OSARP will disclose to Reporting Parties/Complainants the decision regarding responsibility and associated sanctions, if applicable, for policy violations that meet the definition of “crimes of violence” under FERPA and its implementing regulations. Crime of Violence means (A) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Crimes of violence include arson, assault offenses (aggravated assault, simple assault, intimidation), burglary, criminal homicide (manslaughter, murder), destruction/damage/vandalism of property, kidnapping/abduction, robbery, and forcible sex offenses. Typically, crimes of violence would be addressed by OSARP as an alleged violation of Damage, Attempted Damage, or Vandalism of Property; Physical Force or Attempted Physical Force; Sexual Misconduct; or Title IX Sexual Harassment. Reporting Parties will be notified of outcomes relating to Damage, Attempted Damage, or Vandalism of Property only if the behavior was deemed to be willful and malicious.

Aside from the exceptions noted, OSARP generally destroys case files, including records of violation(s) and/or findings in a case (i.e. the “university disciplinary record”), after eight academic years from when the adjudication of the case occurs (e.g. all information regarding cases occurring during the 2015-2016 Academic Year will be destroyed at the conclusion of the 2023-2024 Academic Year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any university disciplinary record or case files that have been destroyed. However, the case files for cases that resulted in suspensions, expulsions, and in those that resulted in an indefinite campus trespass are retained indefinitely along with any case files pertaining to the student’s disciplinary history (i.e. OSARP, University Policy 1324, or Honor Council cases) prior to the suspension, expulsion, or indefinite campus trespass and can be accessed if a university disciplinary record is requested and/or approved by the student. For cases that involve an expulsion or indefinite campus trespass, the Responding Party may contact OSARP after a period of three years to request removal of the campus trespass for good cause shown. If an indefinite campus trespass is removed, the case file that resulted in the indefinite campus trespass, along with other case files kept as a result of the indefinite campus trespass, will be destroyed in accordance with OSARP’s record retention guidelines. However, cases that resulted in expulsion but had the indefinite campus trespass removed will be permanently retained in accordance with expulsion record retention procedures.

Case files for cases that are pending are retained indefinitely along with any case files pertaining to the student’s disciplinary history prior to the pending case. Further, if a student has a case that is indefinitely retained, the case files for any other case that student has in OSARP will also be retained indefinitely, regardless of the outcome of those cases or the academic year in which they were heard and can be accessed if a university disciplinary record is requested and/or approved by the student. If a student with a pending case returns to JMU, OSARP will hear the case prior to, or upon, the student’s return and retain the case files for the student’s cases for eight academic years from when the adjudication of the case occurs or according to OSARPs’ guidelines for indefinite retention as applicable. A student may also choose to request that a pending case be adjudicated without the student returning to JMU; in this circumstance, OSARP will hear the case and retain the case files for the student’s cases for eight academic years from when the adjudication of the case occurs or according to OSARPs’ guidelines for indefinite retention as applicable.

Case files in OSARP are considered educational records under the Family Educational Rights and Privacy Act (FERPA) and are handled in accordance with any restrictions or rights students are granted regarding their disclosure or review. For the purposes of access to the educational record, the current or former student themselves must schedule a date and time with OSARP to view the documentation within the office during normal office hours. OSARP does not provide a process for a student to request the expungement of their university disciplinary record.

Case information retained for referrals to a voluntary Restorative Practices process are considered an educational record, but not a disciplinary record. As such, OSARP will not report these types of cases when conducting a record check and students are not required to disclose these types of cases if asked about their disciplinary record. However, since Restorative Practices cases are considered a part of a student’s educational record, OSARP will maintain the case information for a period of eight academic years from the date the case was referred to the Restorative Practices unit in OSARP. 

Except for certain circumstances in cases alleging sexual misconduct or Title IX sexual harassment, OSARP does not make notations on a student’s transcript of suspensions, expulsions, decisions, sanctions, or cases. Transcripts will reflect withdrawal from the university in accordance with the dates, deadlines, and procedures set by the Office of the Registrar for cases resulting in suspension or expulsion.

In cases where a Responding Party/Respondent is found responsible for and suspended or expelled for sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, a notation will be placed on the Responding Party/Respondent’s transcript for the duration of the suspension or expulsion. If a Responding Party/Respondent withdraws while under investigation for an allegation of sexual violence, a notation will be placed on the Responding Party/Respondent’s transcript and an account hold will be placed on their university student account until a final decision in the case is rendered. Such notations will read, as applicable:

• Expelled for violation of Student Standards of Conduct
• Suspended for violation of Student Standards of Conduct
• Withdrew while under investigation for violation of Student Standards of Conduct

Students receiving a transcript notation for a suspension will have it automatically removed by the Office of the Registrar once the suspension period has ended. After a period of three years, students may contact OSARP to request removal of a notation for good cause shown.

General Process Statements

General Process Statements for the Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process

1. OSARP will structure and execute the Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process in a manner that presumes the Responding Party/Respondent not responsible for violating policy, provides fairness to the parties involved, and facilitates a determination based on a preponderance of the evidence standard concerning the allegations presented.
2. OSARP will make public the range of possible sanctions for violations of university policies, as well as clearly formulate and communicate the adequate cause for separation from the university.
3. OSARP can address behavior that occurs on and off campus, in accordance with the stipulations addressed in the “Jurisdiction” section of the Handbook.
4. OSARP will not represent reporting faculty, staff or students, but will provide a process for fact-finding and fair decision-making.
5. In evaluating evidence and information presented in the Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process, the technical rules of evidence applicable in civil and criminal cases shall not apply.

University Rights and Responsibilities

1. The university has the right and obligation to provide an open forum to present and debate public issues.
2. The university has the right to prohibit individuals and groups who are not members of the university community from using its name, finances, and physical operating facilities for commercial or political activities.
3. The university has the right to prohibit students from using its name, finances, and physical operating facilities for commercial activities or political activities.
4. The university has the right and obligation to provide students with the use of meeting rooms under the rules of the campus, including the use of space for political purposes such as political clubs; to prohibit the use of its rooms by individual members or groups of members on a regular or a prolonged basis as free headquarters for political campaigns; and to prohibit the use of its name, finances and office equipment and supplies for any political purpose at any time.
5. The university has neither the right nor the obligation to take a position in party politics and public issues, except on those issues that directly affect its autonomy, academic functions, financial support and the freedom of its members.
6. The university has a right to require students to identify themselves by name and address. Additionally, visitors to the campus may be required to state what connection, if any, they have with the university.
7. The university has the right to set reasonable standards of conduct in order to safeguard the educational process and provide for the protection of university property and the safety of students and the community.

Students’ Rights

Students’ rights as described here are not definitive; rather, they are indicative of the direction of a growing and changing educational environment. Students enjoy the same basic rights and are bound by the same responsibilities to respect the rights of others, as are all citizens.

1. The student, as a citizen, has the rights of freedom of speech, freedom of the press, freedom of peaceful assembly and association, freedom of political beliefs and freedom from personal force and violence, threats of violence and personal abuse. In keeping with the right to freedom of speech, the University has adopted policy 1121 that fully describes this right and how to file complaints if the student feels freedom of speech rights have been violated.
2. The student, as a citizen, has a right to be considered equally for admission to, employment by and promotion within the campus in accordance with the provisions against discrimination in the general law.
3. James Madison University is not a sanctuary from the general law; furthermore, the campus is a community of growth and fulfillment for all rather than a setting described in the concept of in loco parentis.