General Procedural Statements for the Accountability Process and Sexual Misconduct Accountability Process

  1. OSARP will structure and execute the Accountability Process and Sexual Misconduct Accountability Process in a manner that presumes the Responding Party 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 and Sexual Misconduct Accountability 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. 

  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. 

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