Major, Minor, and Flexible Violations  Types of Sanctions
 Range of Sanctions  Guidelines for Assignment of Sanctions



Major, Minor and Flexible Violations

Refer to the Guidelines for Assignment of Sanctions section to see if a violation is classified major, minor or flexible.

Additionally, cases may be considered major violations when they include any of the following circumstances:

  • Repeated violations of any policy

  • Prosecution in criminal courts that affect the university’s pursuit of its educational mission

  • Multiple violations of policies in one incident

  • An incident involving both alcohol and drugs

  • Hospitalization due to alcohol/drug use/abuse

  • Sexual misconduct 

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Range of Sanctions Assigned

Taking into consideration the totality of the circumstances surrounding the case and all evidence provided at the time of the Administrative Case Review or Accountability Board Case Review, the Office of Student Accountability and Restorative Practices, the Accountability Board or the University Case Administrator may assign any sanction listed in the Types of Sanctions section of the student handbook.
A minor board or Student Case Administrator may only assign any of the following sanctions:

  • Disciplinary probation

  • Substance Education programs

    • By the Numbers

    • Calling the Shots

    • BASICS

    • BASICS II

    • High Expectations

    • High Expecations II

  • Civic Education programsRestitution

    • Mentor Experience

    • Site Experience

    • Values in Action

    • Conversations about Conflict

  • Special assignments

  • Fines

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Types of Sanctions

Any student found responsible for violating any of the regulations or policies of JMU may be subject to one or more of the following sanctions.

Completion of Sanctions required by the Courts

A sanction indicating that the Office of Student Accountability and Restorative Practices expects that the student meet or complete any and all requirementes assigned as the result of decisions made in the criminal or civil court process. Failure to meet any such requirements may be grounds for additional charges in the Office of Student Accountability and Restorative Practices.

Restorative Conversation and Outcomes

When there is a need for the Accused Student to repair the harms to others created by his or her conduct constituting a the violation, he or she may be required to complete an intake meeting with staff members in the Office of Student Accountability and Restorative Practices to explore the means by which the harms will be addressed based on the needs of the community and the harmed party, as well as the willingness of the harmed party to participate. The Accused Student will be expected to follow through on any outcomes stemming from the intake with the staff member and/or the Restorative Conversation.

Restorative Circle and Outcomes

When the violation creates harms experienced by multiple members of the community, staff members in the Office of Student Accountability and Restorative Practices may facilitate a conversation between the Accused Student and a group of people to determine the ways by which the harms will be addressed. The Accused Student will be expected to follow through on any outcomes stemming from the intake with the staff member and/or the Restorative Circle.

Counseling Center Administrative Request

Students are referred to the Counseling Center for 2 intake appointments with the Associate Director or the designee.  This is not sanctioning counseling, but only asking the student to work with Counseling Center for appointments to see if it could be helpful in the future.

Disciplinary Probation

The university reserves the right to impose a more severe sanction if the student is found responsible for violating an additional university policy. Probation shall be for a specified period of time, for a minimum of one semester.

Educational Programs

Education provided by OSARP on a specific topic relevant to the student and/or case. Educational programs may include, but are not limited to:

Substance Education

By the Numbers
This two-hour program examines the reason for the establishment of community standards. An overview of VA laws and university policies is given. Students discuss personal values, community resources, and risk-reduction strategies for avoiding negative consequences of alcohol use. This short course was designed for minor alcohol violations. A $50 fee will be due upon completion of the program and receipt of invoice.

Calling the Shots
This three-week program guides students towards making future decisions more consistent with their values and in compliance with the law. Harrisonburg and/or JMU police participate in this program to answer students' questions and address risk-reduction strategies. This program was designed for students who violated alcohol policy. A $50 fee will be due upon completion of the program and receipt of invoice.

BASICS
The University Health Center coordinates BASICS - Brief Alcohol Screening and Intervention for College Students.  The BASICS program is an early-intervention program designed to help students evaluate the risks that may result from alcohol use. It is an empathetic, confidential, non-judgmental program open to all JMU students. It consists of two, 50-minute interview sessions that use self-assessment of alcohol use, behavior, and potential risks, and then helps students identify potential changes to reduce future alcohol-related negative consequences. BASICS is not an addiction treatment program. Referral to appropriate community resources is available. There is a $50.00 program fee for BASICS.  The fee is paid in two installments, $25 immediately following each session.

BASICS II
The University Health Center coordinates BASICS II - Brief Alcohol Screening and Intervention for College Students (Level II). BASICS II is appropriate when a student has previously participated in BASICS (Brief Alcohol Screening and Intervention for College Students) either as a judicial or other mandated referral. Comprised of two 50-minute sessions, BASICS II provides personalized feedback by examining the ongoing consequences of alcohol use and current or previous action plans to reduce alcohol-related risk.  BASICS II is not therapy or substance abuse treatment.  There is a $50.00 program fee for BASICS II.  The fee is paid in two installments, $25 immediately following each session.

High Expectations
The University Health Center coordinates High Expectations. High Expectations is an early-intervention program designed to help students evaluate the risks associated with marijuana and other drug use. It is an empathetic, confidential, non-judgmental program open to all JMU students. It consists of two, 50-minute interview sessions that use self-assessment of drug use, behavior, and potential risks, and then helps students identify potential changes to reduce future drug-related negative consequences. There is a $50.00 program fee for High Expectations.  The fee is paid in two installments, $25 immediately following each session.

High Expectations II
The University Health Center coordinates High Expectations II. High Expectations II is appropriate when a student has previously participated in High Expectations either as a judicial or other mandated referral.   It consists of two, 50-minute interview sessions that use self-assessment of drug use, behavior, and potential risks, and then helps students identify potential changes to reduce future drug-related negative consequences. There is a $50.00 program fee for High Expectations II.  The fee is paid in two installments, $25 immediately following each session.

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Civic Education

Mentor Experience
This program is used for students who have violated university policy and lack a personal understanding of their mission, values, and goals. Through participation in one-on-one meetings with a faculty, staff, or graduate student mentor, students develop a relationship of mutual respect and trust. The Mentor Experience includes attendance at 8, 10, 12, or 15 weekly mentor meetings and submission of a final reflection paper.

Site Experience               
This program is used for students who have violated university policy and have a lack of connection with the university community. Through participation in 30 site hours, students make a connection with the university and recognize the impact they have on the community. 

Values in Action
This program encourages participants to explore their personal values, act with integrity, and practice ethical decision-making.  In addition, students are challenged to set personal goals for increased positive community engagement.  This program was designed for students whose actions in a particular incident may not have been in line with their personal values or the values of the institution. A $50 fee will be due upon completion of the program and receipt of invoice.

Conversations about Conflict
A 2-week, 4 hour program (2 hours per week), with a 1- hour follow up meeting. It is meant for students to reflect on how they deal with conflict in their relationships with friends, roommates, family members, professors, university staff, strangers, and even themselves. Through this class, students will be given the opportunity to assess their own conflict style, discuss how their community is impacted by conflict, and develop skills for future engagement in conflict. Upon completion of the class students submit a reflection paper and participate in a follow-up discussion. A $50 fee will be due upon completion of the program and receipt of invoice.

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Restitution

Required reimbursement by the student to the university to cover the cost of damage or loss of property. The Office of Student Accountability and Restorative Practices may recommend restitution to members of the university community or other appropriate parties.

Suspension from University Housing

The student loses the privilege of living in or visiting anyone in university housing for a specified length of time. Afterward, the student is allowed to reapply for university housing, provided there is space available. If the student enters a residence hall during their suspension, s/he will be subject to arrest for trespassing and additional charges in the Office of Student Accountability and Restorative Practices.

Expulsion from University Housing

The student permanently loses the privilege of living in or visiting anyone in university housing. If the student enters a residence hall during their expulsion, s/he will be subject to arrest for trespassing and additional charges in the Office of Student Accountability and Restorative Practices.

Special Assignments/Restrictions

In certain cases, special assignments or restrictions may be imposed as a sanction.  These may include, but are not limited to:

    • Removal or restriction of a student’s parking privileges.

    • Removal or restriction of a student’s privilege of attending athletic events.

    • Removal or restriction of a student’s ability to use specific campus facilities or other student privileges.

    • Removal or restriction of eligibility for extracurricular activities

    • Requiring a student to have no direct or indirect contact with the victim(s) of the violation(s), including but not limited to verbal or nonverbal contact in person, through electronic means, or through a third party. Failure to comply or noncompliance with this restriction can result in additional violations and immediate suspension.

    • No trespassing on the JMU Campus for a defined period of time. Failure to comply with this restriction can result in additional violations and criminal trespassing charges.

University departments may also consider a student's case history in OSARP for the purpose of university employment or for admissions into certain academic programs, supplemental learning opportunities, or studies abroad.

Suspension

The student is dismissed from JMU for a specified length of time, after which he or she is allowed to return to the university. During his or her suspension, a suspended student may not attend classes, enter or live in residence halls, or enter property owned or leased by James Madison University without permission from Director of the Office of Student Accountability and Restorative Practices or designee. If a student withdraws from JMU prior to the conclusion of the Accountability Process but after a Case Administrator or University Case Administrator has informed the student of their decision to suspend the student, the terms of the suspension remain in place and the student may not attend classes, enter or live in residence halls, or enter property owned or leased by James Madison University without permission from Director of the Office of Student Accountability and Restorative Practices or designee. If the student does come to the campus during their suspension, he or she will be subject to arrest for trespassing and additional charges in the Office of Student Accountability and Restorative Practices. Suspended students may not serve as volunteers for or be employed by JMU, may not function as a member of, leader of, or volunteer for a Club or Organization recognized by JMU, nor attend sponsored events of a Club or Organization recognized by JMU while suspended, even if the involvement occurs off campus. If a student is suspended due to charges of violence or Sexual Misconduct, the Reporting Party in the case will be informed when the Accused Student re-enrolls at JMU if the Reporting Party is enrolled at that time.  

Expulsion

The student is permanently separated from the university. A student who is expelled may never attend classes, enter or live in residence halls, or enter property owned or leased by James Madison University, or be employed to work on campus without permission from Director of the Office of Student Accountability and Restorative Practices or designee. If a student withdraws from JMU prior to the conclusion of the Accountability Process but after a Case Administrator or University Case Administrator has informed the student of their decision to expel the student, the terms of the expulsion remain in place and the student may not attend classes, enter or live in residence halls, or enter property owned or leased by James Madison University without permission from Director of the Office of Student Accountability and Restorative Practices or designee. If the student does come to the campus, he or she will be subject to arrest for trespassing.

Fines

Fines shall be no less than $15 and no greater than $100, depending on the severity of the infraction. All payments are to be made to the University Business Office upon receipt of invoice.

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Guidelines for Assignment of Sanctions

To maintain fairness and uniformity in the assignment of sanctions for policy violations, charges have been classified as either major, minor, or flexible. Depending on the severity of the incident, a flexible violation can be classified as major or minor. Typically, major violations will carry more severe sanctions than minor violations. A student’s violation will be classified as either major or minor by the Office of Student Accountability and Restorative Practices.

To balance consistency and fairness in sanctioning, guidelines have been developed as a starting point for Case Administrators and Board Members to consider when determining sanctioning for a student found responsible for a first time violation. However, the totality of the evidence, the severity of the incident, previous case history, and the perspectives of the students involved may result in the severity of the sanction being higher or lower than the guidelines listed below. Case Administrators or board members have the ability to increase or decrease the severity of the sanction when making a decision in a case.

  • Sanctions resulting from first time minor policy violations typically include disciplinary probation and educational programs

  • Sanctions resulting from first time major policy violations can include probation, educational programs, fines, special assignments, special restrictions, suspension or expulsion from housing, and suspension or expulsion from the university.

  • Sanctions resulting from first time flexible policy violations when classified as minor typically include disciplinary probation and educational programs.

  • Sanctions resulting from first time flexible policy violations when classified as major can include probation, educational programs, fines, special assignments, special restrictions, suspension or expulsion from housing, and suspension or expulsion from the university.

  • When applicable, disciplinary decisions made by the university honor council and a case administrator or accountability board will occur concurrently.

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Minor Policy Violations

  • Alcohol - Underage Possession or Consumption

  • Alcohol - Drunk in Public

  • Alcohol - Open Container

  • Drugs - Misdemeanor Possession of Marijuana or other Illicit Drugs

  • Littering

  • Responsibility for Guests

  • Smoking

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Major Policy Violations

  • Alcohol - Providing Alcohol to Underage

  • Alcohol - Driving Under the Influence

  • Alcohol - Hospitalization due to Alcohol

  • Alcohol and Drugs in the same incident

  • Campus Election Rules

  • Drugs - Driving Under the Influence

  • Drugs - Hospitalization due to Drugs

  • Drugs - Distribution of Drugs or Drug Paraphernalia

  • Drugs - Felony Possession of Marijuana or other Illicit Drugs

  • Failure to Comply with a Disciplinary Decision

  • Harassment and/or Bullying

  • Hazing

  • Interference with or Retaliation for Exercising or Participating in the Accountability, Honor, or Title IX Process

  • Sexual Misconduct

  • Theft

  • Physical Force or Attempted Physical Force

  • Weapons

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Flexible Policy Violations

  • Camping or Shelter Construction

  • Computer Misuse

  • Dangerous Practices

  • Damage, Attempted Damage, or Vandalism of Property

  • Disorderly Conduct

  • Drugs - Possession of Drug Paraphernalia

  • Falsification of Information

  • Fire Safety

  • Gambling

  • Non-Compliance with an Official Request

  • Obscene Conduct

  • Trespassing

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