NOTE: The information contained in this section of the handbook is only applicable for those participating in the Sexual Misconduct Accountability Process. For cases not alleging Sexual Misconduct, see the “Accountability Process” section within this Handbook.

Sexual Misconduct Interim Suspension Process

If OSARP 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 due to an allegation of behavior that would violate policy J34-100 Sexual Misconduct, the Director of OSARP or designee may initiate the Sexual Misconduct Interim Suspension Process and place the Responding Party under a Sexual Misconduct Interim Suspension Status. In such circumstances: 

  1. The Responding Party will be notified of the alleged policy violation(s) against them and that they are being placed under a Sexual Misconduct 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 a Sexual Misconduct 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 violates the Sexual Misconduct Interim Suspension Status, they are 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 Sexual Misconduct Interim Suspension Status (i.e. to attend classes only, to attend a meeting related to the Sexual Misconduct Accountability Process); if this special provision is made, it will be communicated to the student.  

  2. Within two business days of the Responding Party receiving notice that they are being placed under a Sexual Misconduct Interim Suspension Status, with or without specific provisions, the Responding Party may request a Sexual Misconduct Interim Suspension Appeal Review of the Sexual Misconduct Interim Suspension Status. A Sexual Misconduct Interim Suspension Appeal Review does not determine whether or not the Responding Party violated university policy nor any sanctions for the case. A Sexual Misconduct Interim Suspension Appeal Review only determines if the current Sexual Misconduct 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 Sexual Misconduct Interim Suspension Status, with or without specific provisions, is upheld at the Sexual Misconduct Interim Suspension Appeal Review, the Sexual Misconduct Interim Suspension Status, with or without specific provisions, will remain in place until the conclusion of the Sexual Misconduct Accountability Process.  

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

    • Responding Parties may be accompanied at the Sexual Misconduct Interim Suspension Appeal Review by a Support Person, provided the Support Person is able to attend. A Support Person attending a Sexual Misconduct Interim Suspension Appeal Review may not communicate for or speak on behalf of the Responding Party. An individual who serves as a Support Person at the Sexual Misconduct Interim Suspension Appeal Review may not provide a statement in the Sexual Misconduct Formal Complaint and Investigation Process, nor serve as a witness in the Sexual Misconduct Accountability Process. 

    • The Sexual Misconduct Interim Suspension Appeal Review will be audio and/or video recorded; Participants are not permitted to make their own recording of the Sexual Misconduct Interim Suspension Appeal Review. OSARP reserves the right to provide any information shared or evidence provided during the Sexual Misconduct Interim Suspension Appeal Review related to the alleged incident or behavior to the Title IX Office for use during the Sexual Misconduct Formal Complaint and Investigation Process and inclusion in the Initial Investigation Report and/or the Final Investigation Report.  

  3. The Title IX Office will initiate the Sexual Misconduct Formal Complaint and Investigation Process as outlined in JMU Policy 1340 when the Sexual Misconduct Interim Suspension Status is initially enacted by OSARP and the Responding Party is informed of the alleged policy violation(s) against them. The Title IX Office will complete the Sexual Misconduct Formal Complaint and Investigation Process and submit the Final Investigation Report to OSARP for adjudication through the Sexual Misconduct Accountability Process as quickly as possible. Upon receipt of the Final Investigation Report, OSARP will initiate the Sexual Misconduct Accountability Process and adjudicate the case, holding the Sexual Misconduct Case Review within 10 business days of receiving the Final Investigation Report. Timelines listed in the Sexual Misconduct Accountability Process may be altered in cases involving Sexual Misconduct Interim Suspension Status for the Responding Party; OSARP will communicate the alteration of any timelines to both parties.

Circumstances that surround a Sexual Misconduct Interim Suspension Status being enacted may involve concurrent criminal charges or civil litigation. OSARP may implement a Sexual Misconduct Interim Suspension Status prior to the conclusion of the criminal or civil process; any outcomes or decisions made in the Sexual Misconduct Interim Suspension Process, or Sexual Misconduct Accountability Process are not dependent on the outcomes of the criminal or civil process and will not be revisited at the conclusion of the criminal or civil process.  

In cases where a student has extenuating circumstances that prevent attending or participating in a Sexual Misconduct Interim Suspension Appeal Review, or the Sexual Misconduct Accountability Process, including but not limited to incarceration, the decision to continue with or delay the Sexual Misconduct Interim Suspension Appeal Review and/or the Sexual Misconduct Accountability Process is at the discretion of the Director of OSARP or designee. 

If a Sexual Misconduct Interim Suspension Status is enacted without sufficient time remaining to meet the timelines outlined in the Sexual Misconduct Interim Suspension Process within the current semester, the timeline for which the Sexual Misconduct Interim Suspension Appeal Review and the Sexual Misconduct Accountability Process will take place is at the discretion of the Director of OSARP or designee.

 

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