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. The Title IX Office oversees and conducts the investigation from Formal Complaints arising out of alleged violations of the Title IX Sexual Harassment policy

The information contained in this section of the handbook is only applicable for those participating in the Title IX Sexual Harassment Adjudication Process as a result of alleged violation(s) of the Title IX Sexual Harassment policy. For cases not alleging a Title IX Sexual Harassment policy violation, see the “Accountability Process” or the “Sexual Misconduct Accountability Process” sections within this Handbook. 

For purposes of Title IX Sexual Harassment, the Title IX Sexual Harassment Policies and Procedures set forth in the Title IX Sexual Harassment Adjudication Process apply when a respondent is a student as defined in the “Definitions” section of this Handbook.  

Participants' Roles, Rights, and Restrictions

Steps in the Title IX Sexual Harassment Adjudication Process



Participants' Roles, Rights, and Restrictions

Respondent & Complainant - Responsibilities and Rights - Title IX Sexual Harassment

Procedural Responsibilities of the Office of Student Accountability and Restorative Practices  

  1. OSARP will provide a fair and impartial process with unbiased decision-makers that presumes the Respondent not responsible for violating policy.  

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

  3. OSARP will not restrict the rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment. 

  4. OSARP will concurrently notify the Complainant and Respondent of the outcomes of the case related to the alleged violation(s) of the Title IX Sexual Harassment policy.  

Rights Granted in the Title IX Sexual Harassment Adjudication Process  

Respondents and Complainants in the Title IX Sexual Harassment Adjudication Process have the following rights:  

  1. The right to receive notification of the alleged violation(s) of the Title IX Sexual Harassment policy and the behavior(s) leading to those alleged policy violation(s) via their official JMU email address. 

  2. The right to be notified of the date, time, and location of the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, at least three days prior to the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review.  

  3. The right for an advisor of their choice to accompany them at any meetings in OSARP. The right for an Advisor of their choice to accompany them at the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable. If the party does not choose an Advisor of their own, the university shall appoint an Advisor to accompany them at the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, for the purpose of conducting cross-examination.  

  4. Upon request, the right to have reasonable safety measures, including but not limited to police presence, in place during the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, if the parties are physically present in the same geographic location; such request will be implemented at the university’s discretion.  

  5. The parties have the right to request the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, be conducted via live teleconference in which participants simultaneously see and hear each other. 

  6. The right to receive a copy of all documentation to be used in the adjudication of the case via hard copy or electronically. The right to reference and respond to all evidence during the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable. 

  7. The right to participate in the entire Title IX Sexual Harassment Case Review, as outlined in the Title IX Sexual Harassment Adjudication Process.  

  8. The right to relate their account of the alleged incident and the right to share information during the Title IX Sexual Harassment Case Review to be used in the adjudication of the case, and the right to not answer questions or provide information to be used in the adjudication of the case. If a party chooses not to submit to cross-examination, the Board will not rely on the statement(s) of that party in reaching a determination regarding responsibility.  

  9. The right to have witnesses who provided information in the Title IX Formal Complaint Investigation Process participate at the Title IX Sexual Harassment Case Review, provided the witness is willing to attend. If a witness chooses not to submit to cross-examination, the Board will not rely on the statement(s) of that witness in reaching a determination regarding responsibility. 

  10. The right to question the other party and all witnesses present at the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, through their Advisor; at no point during the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, may a party question the other party directly.  

  11. The right to exclude questions and evidence about the party's sexual predisposition, current sexual behavior, or prior sexual behavior from discussion during the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, unless such questions and evidence about the party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 

  12. If a party has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair. 

  13. The right for the Respondent’s previous disciplinary history in OSARP and/or sanctions imposed not be disclosed during the Title IX Sexual Harassment Case Review or deliberation unless the Board finds the Respondent is responsible for violating policy in order to determine sanctions. The Respondent may elect to share previous violations or sanctions with the Board Members as a part of their own statements. 

  14. The right to be notified via email on the third business day after the date of the Title IX Sexual Harassment Case Review with the determination of responsibility and, if applicable, remedies and sanctions rendered at the Title IX Sexual Harassment Case Review. This will include the Board Members’ rationale. 

  15. The right to submit a written appeal of the determination regarding responsibility rendered as a result of the Title IX Sexual Harassment Case Review within four days of OSARP sending notification of the Board’s determination regarding responsibility on any of the following grounds:  

    • Procedural irregularity that affected the outcome of the matter. 

    • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. 

    • The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. 

  16. In Title IX Sexual Harassment Appeal Reviews granted on the grounds of new evidence, the right to attend, present the new evidence or respond to the new evidence. 

  17. The right to inspect and review a recording of the Title IX Sexual Harassment Case Review upon request.  

  18. When a Title IX Sexual Harassment Appeal Review is granted, the right to receive the final decision or order for a new Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review rendered by the Title IX Sexual Harassment Appeal Board in writing. If the Title IX Sexual Harassment Appeal Board renders a finding and sanctions, this notification will include whether or not the Title IX Sexual Harassment Appeal Board found the Respondent responsible for the relevant violation(s), the Board’s rationale and, if applicable, remedies and the relevant sanction(s). The notification will be sent by OSARP via email on the fourth business day after the date of the Title IX Sexual Harassment Appeal Review.   

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Respondent

A Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. A Respondent is a student who receives notification of an alleged policy violation(s), including at least one alleged violation of the Title IX Sexual Harassment policy, and is afforded rights and a Title IX Sexual Harassment Adjudication Process by OSARP to respond to all of the alleged policy violation(s). Respondents participate in the Title IX Case Review and Title IX Sexual Harassment Appeal Review, if applicable, as outlined in the Student Handbook.  The availability of a Respondent is considered when OSARP schedules a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, as outlined in the Handbook.  OSARP confers the rights outlined in the Respondent & Complainant - Responsibilities and Rights – Title IX Sexual Harassment to those who meet this definition. 

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Complainant

A Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment and alleges a violation of the Title IX Sexual Harassment policy. A Complainant is a person who reports that they experienced alleged behavior committed by a JMU student that is covered by the Title IX Sexual Harassment policy. A Complainant presents information regarding alleged policy violation(s) to the Title IX Office in a Formal Complaint, and it is their interaction with a Respondent that led to an alleged policy violation(s) being placed by OSARP. Complainants participate in the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, as outlined in the Student Handbook. The availability of a Complainant is considered when OSARP schedules a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, as outlined in the Handbook. OSARP confers the rights outlined in the Respondents & Complainants- Responsibilities and Rights- Title IX Sexual Harassment to those who meet this definition. 

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Administrative Witness

An Administrative Witness is not called as a witness by a Respondent or Complainant but is called as a witness by the university as an individual who has relevant information for adjudication of the case. Administrative Witnesses do not present for or against a Respondent and/or Complainant, but it is often their interaction with a Respondent and/or Complainant that led to an alleged Title IX Sexual Harassment policy violation(s). The availability of an Administrative Witness is considered when OSARP schedules a Title IX Sexual Harassment Case Review. Administrative Witnesses do not have the right to be accompanied by a Support Person at a Title IX Sexual Harassment Case Review. 

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Complainant Witness

A Complainant Witness is a person who provides a report, statement, evidence, or other information to the Title IX Office during their Title IX Formal Complaint Investigation Process and who is called by a Complainant to participate in the OSARP Title IX Sexual Harassment Adjudication Process. A Complainant Witness may provide their information to the Board Members in accordance with any rights and restrictions as listed in the Student Handbook. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, a Complainant Witness can provide information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. A Complainant Witness may not provide their perspective on what they feel the appropriate decision or sanction in the case should be at any time during the Title IX Sexual Harassment Adjudication Process. The availability of a Complainant Witness is considered when OSARP schedules a Title IX Sexual Harassment Case Review and/or a Title IX Sexual Harassment Appeal Review, if applicable. OSARP confers the rights outlined in the Complainant Witness Rights to those serving in this role.  

Complainant Witness Rights  

A witness called by a Complainant to participate in the OSARP Title IX Sexual Harassment Adjudication Process has the following rights: 

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

  2. When a Complainant Witness is called to present at a Title IX Sexual Harassment Appeal Review, the right to be notified of the date, time, and place of the Title IX Sexual Harassment Appeal Review at least three days prior to the Title IX Sexual Harassment Appeal Review via email.  

  3. The right to share information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior; the right to not answer questions or provide information to be used in the adjudication of the case. If the Complainant Witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party in reaching a determination regarding responsibility. 

  4. The right for a Complainant Witness Support Person to attend the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, in accordance with the restrictions outlined in the Title IX Sexual Harassment Adjudication Process. 

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Respondent Witness

A Respondent Witness is a person who provides a report, statement, evidence, or other information to the Title IX Office during their Title IX Formal Complaint Investigation Process and who is called by a Respondent to participate in the OSARP Title IX Sexual Harassment Adjudication Process. A Respondent Witness may provide their information to the Board Members in accordance with any rights and restrictions as listed in the Student Handbook. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, a Respondent Witness can provide information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. A Respondent Witness may not provide their perspective on what they feel the appropriate decision or sanction in the case should be at any time during the Title IX Sexual Harassment Adjudication Process. The availability of a Respondent Witness is considered when OSARP schedules a Title IX Sexual Harassment Case Review and/or a Title IX Sexual Harassment Appeal Review, if applicable. OSARP confers the rights outlined in the Respondent Witness Rights to those serving in this role. 

Respondent Witness Rights  

A witness called by a Respondent to participate in the OSARP Title IX Sexual Harassment Adjudication Process has the following rights:  

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

  2. When a Respondent Witness is called to present at a Title IX Sexual Harassment Appeal Review, the right to be notified of the date, time, and place of the Title IX Sexual Harassment Appeal Review at least three days prior to the Title IX Sexual Harassment Appeal Review via email.  

  3. The right to share information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior; the right to not answer questions or provide information to be used in the adjudication of the case. If the Respondent Witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party in reaching a determination regarding responsibility. 

  4. The right for a Respondent Witness Support Person to attend the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, in accordance with the restrictions outlined in the Title IX Sexual Harassment Adjudication Process. 

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Advisor of Choice for Complainant & Respondent
  1. Complainants and Respondents may bring an advisor of choice as a support person to any meeting, the Title IX Sexual Harassment Case Review, and Title IX Sexual Harassment Appeal Review, if applicable. Attorneys may serve as an Advisor, provided they follow the guidelines outlined in the Title IX Sexual Harassment Adjudication Process.  

  2. Prior to a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, an Advisor may help the party prepare for the case, which may include accompanying the Respondent or Complainant to the Guide appointment and communicating with OSARP and/or the University about the case and/or procedures with the permission of the Respondent or Complainant. At the party’s request, OSARP may copy an Advisor on electronic communication pertaining to the party’s case; the Advisor must agree to adhere to guidelines and restrictions related to confidential information as set forth by OSARP. 

  3. OSARP considers the availability of an Advisor when scheduling meetings, the Title IX Sexual Harassment Case Review, or the Title IX Sexual Harassment Appeal Review, if applicable. OSARP cannot compel an Advisor to attend; it is the party’s responsibility to coordinate an Advisor’s attendance. 

  4. OSARP will provide a copy of all documentation to be used in the adjudication of the case via hard copy or electronically to the Advisor prior to the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable. 

  5. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, an Advisor for a party may not communicate for or speak on behalf of the party except for conducting cross-examination. Respondents and Complainants must present their statements or information themselves. 

  6. If a party does not have an Advisor, the university will appoint an advisor for the purpose of conducting cross-examination.  The university appointed Advisor will be chosen at the university’s discretion.  

  7. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, an Advisor may consult with the party 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.      

  8. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, an Advisor may provide support by taking breaks with or requesting breaks on behalf of the party they are accompanying. 

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Support Person for Complainant Witnesses & Respondent Witnesses
  1. Witnesses may bring a Support Person of their choosing to the Title IX Sexual Harassment Case Review, and Title IX Sexual Harassment Appeal Review, if applicable. Attorneys may serve as a Support Person, provided they follow the guidelines outlined in the Title IX Sexual Harassment Adjudication Process. The University does not provide those participating as a witness in the Title IX Sexual Harassment Adjudication Process with a Support Person. It is the participant’s responsibility to determine a Support Person and coordinate their participation.  

  2. Support Persons for Complainant Witnesses and Respondent Witnesses do not conduct cross-examination. 

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OSARP Process Guide
  1. An OSARP Process Guide is a full-time OSARP staff member or designee assigned to a Complainant or Respondent to provide procedural information and respond to questions about the Title IX Adjudication Process. The OSARP Process Guide solely provides procedural information and does not provide the party with advice on how to present their case.   

  2. This position will be referred to as “OSARP Guide” throughout the Title IX Sexual Harassment Adjudication Process.

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Steps in the Title IX Sexual Harassment Adjudication Process

Receipt of Title IX Sexual Harassment Report, Alleged Policy Violation(s) Notification, and Preparation for the Title IX Sexual Harassment Case Review

The Title IX Sexual Harassment Adjudication Process is the process used to adjudicate alleged violations of the Title IX Sexual Harassment policy. JMU reserves the right to impose any level of sanction, ranging from probation and educational sanctions up to and including suspension or expulsion, for any violation of the Title IX Sexual Harassment policy. JMU considers acts of sexual violence to be the most serious and therefore typically imposes the most severe sanctions when a Respondent is found responsible for such offenses, including suspension or expulsion. However, suspension and expulsion are potential outcomes for any case.

In cases where a Respondent is found responsible 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 Respondent’s transcript for the duration of the suspension or expulsion. If a Respondent withdraws while under investigation for an allegation of sexual violence, a notation will be placed on the Respondent’s transcript until a final decision in the case is rendered, or the case is dismissed. 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. 

In order for OSARP to adjudicate a case involving student behavior that allegedly violates the Title IX Sexual Harassment policy, the Title IX Office must complete the Title IX Formal Complaint Investigation Process and provide the Investigative Report to OSARP. The Title IX Formal Complaint Investigation Process conducted by the Title IX Office is the only opportunity for the Complainant and Respondent to submit evidence, information, personal statements, names of witnesses, and witness statements in the Title IX Sexual Harassment Adjudication Process. The Investigative Report OSARP receives from the Title IX Office constitutes the information that will be used to adjudicate the case. No additional information may be added to the Case File once it is received by OSARP; no redactions will be made to information contained in the Case File unless necessary to protect rights within the process.

The Investigative Report will indicate the alleged policy violation(s) to be adjudicated in the case. The Title IX Sexual Harassment Adjudication Process is initiated to adjudicate all alleged policy violations resulting from the Title IX Investigation when the Respondent is a student as defined in the Student Handbook and the Complainant meets the criteria required by the Title IX Sexual Harassment policy. During the last three weeks of the semester, the decision to proceed or postpone the Title IX Sexual Harassment Adjudication Process will be determined by OSARP. The student’s diploma and/or official transcripts may be withheld pending the conclusion of the Title IX Sexual Harassment Adjudication Process and/or the completion of any outstanding sanctions as determined by the Director of OSARP or designee. If a Respondent receives a sanction of an immediate suspension or expulsion, the immediate suspension or expulsion will be deemed effective for the most recent semester the Respondent attended regardless of the Respondent’s academic year, 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 Respondent is under a Title IX Emergency Removal Status that provides for this ban until the final decision in the case.

In circumstances where the Title IX Coordinator signed the Formal Complaint without the authorization of the Complainant, OSARP will initiate the Title IX Sexual Harassment Adjudication Process. In these cases, OSARP may alter the Title IX Sexual Harassment Adjudication Process and adjudication procedures as necessary to allow for a fair adjudication of the case. In addition, the Title IX Sexual Harassment Adjudication Process may be altered to allow for multiple Complainants if OSARP receives a consolidated Formal Complaint Report with multiple Complainants where the allegations of sexual harassment arise out of the same facts or circumstances.

Further, if the Investigative Report indicates alleged policy violations other than the Title IX Sexual Harassment policy, OSARP reserves the right to initiate the Accountability Process to adjudicate these violations even if the Title IX sexual harassment formal complaint is dismissed.

If there is evidence included in the Investigative Report regarding the personal consumption of drugs or alcohol, where such disclosure is made in conjunction with a good faith report made to the Title IX Office by the Complainant, a Complainant Witness, or a Respondent Witness, OSARP will not initiate the Accountability Process and pursue alleged violations of these policies against these parties. The rights of a Respondent and Complainant participating in the Title IX Sexual Harassment Adjudication Process are delineated in the Respondents & Complainants - Responsibilities and Rights – Title IX Sexual Harassment.

OSARP may initiate the Title IX Sexual Harassment Adjudication Process in accordance with the procedures listed in the Student Handbook. The Title IX Sexual Harassment Adjudication Process may be conducted virtually for reasons including but not limited to health and/or safety concerns, at the discretion of the Director of OSARP or designee. Anticipated timelines, deadlines, restrictions, or procedures listed within the Title IX Sexual Harassment Adjudication Process will not be altered except when good cause is provided by either party, as determined by the Director of OSARP or designee. Good cause may include but is not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disability(s). If a delay or extension is granted at the request of a party, OSARP will communicate the reason(s) in writing for the extension to both parties. OSARP reserves the right, for cause, to postpone the Title IX Sexual Harassment Adjudication Process and return the Investigative Report to the Title IX Office for further investigation under the Title IX Formal Complaint Investigation Process.

Both parties will simultaneously be notified of the beginning of the Title IX Sexual Harassment Adjudication Process to adjudicate the alleged policy violations.

In accordance with JMU Policy 1209, proper notification shall consist of an email to the student’s official JMU e-mail address. The notice will be considered received the day after the notice is sent via email. This notification will include the allegation(s) constituting sexual harassment as defined in the Title IX Sexual Harassment policy, including sufficient details such as date and location of the alleged violation(s), and the contact information of the party’s OSARP Guide. This notice will inform parties that suspension and expulsion are potential outcomes for violations of the Title IX Sexual Harassment policy in circumstances where the Respondent is found responsible; additionally, rights afforded to parties will be included. This notification will also include the date, time, and location of the initial appointment with their OSARP Guide.

Parties will be notified of No Contact Orders.

When Respondents are notified of their alleged policy violation(s), the Respondent and Complainant will also be notified to have no direct or indirect contact with specific members of the university community including but not limited to the other party and the Board Members involved in the case. Prohibited contact includes but is not limited to verbal or non-verbal contact in person, through electronic means, or through a third party.

A violation of this notice may result in an alleged policy violation, for parties that meet the definition of a JMU student as listed in the Student Handbook, of Noncompliance and/or Interference or Retaliation in a University Process, which may result in immediate suspension or expulsion.

OSARP will not pursue alleged violations of a no contact order issued by the University when the contact occurs through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP, unless the contact may have violated policy Interference or Retaliation in a University Process or other policies as listed in the Student Handbook.

OSARP reserves the right to pursue alleged violations for any reported alleged behavior by the student Complainant, the Respondent, or other students directed at a Complainant, Respondent, Complainant Witness, Respondent Witness, Administrative Witness, Advisor of choice, or Support Person that may violate Interference or Retaliation in a University Process or other policies as listed in the Student Handbook. OSARP may pursue an alleged violation of Interference or Retaliation in a University Process if it receives information that a student Complainant or Respondent discusses the case before the Title IX Sexual Harassment Case Review with the Board Members involved in the case.

A Respondent or Complainant in the Title IX Sexual Harassment Adjudication Process is not prohibited from discussing their case with a witness, an Advisor of choice, or witness Support Person; contact is also not prohibited through third parties for purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP.

The No Contact Orders will remain in place until a final decision is rendered as outlined in the Title IX Sexual Harassment Adjudication Process.

OSARP Guides

  • Both Complainants and Respondents will be assigned separate Guides by OSARP to explain the Title IX Sexual Harassment Adjudication Process, to serve as a point of contact in OSARP, and to help them understand the rights afforded to them. An OSARP Guide does not help either party prepare how to present their case; OSARP Guides are employed and/or designated by OSARP.

  • OSARP will set the time of the Guide appointment around the academic schedule(s) of the Respondent and Complainant if they are enrolled in classes at JMU. If the Respondent and/or Complainant are not enrolled in classes at JMU, their availability will be considered, and reasonable efforts will be made to ensure the Guide appointment is at a time they can participate. At the Guide appointment, the Complainant and Respondent will meet individually with their OSARP Guide to ensure that they understand the Title IX Sexual Harassment Adjudication Process and the rights afforded to them. Respondents and Complainants may have an Advisor of choice accompany them to this Guide appointment.

Witnesses will be determined by OSARP and/or submitted by either party.

OSARP will determine the Administrative Witnesses to be called in the case; both the Respondent and Complainant will be informed of the Administrative Witnesses being called in the case.

Both parties will have the ability to submit witnesses they intend to have speak at the Title IX Sexual Harassment Case Review.

  • The Respondent or Complainant may submit to their OSARP Guide any person they intend to have speak as a witness at the Title IX Sexual Harassment Case Review via formal submission up to seven days prior to the Title IX Sexual Harassment Case Review. Persons are not considered a witness for either party until they are formally submitted to OSARP as a witness; only persons who directly provided information during the Title IX Formal Complaint Investigation Process are eligible to serve as witnesses in the Title IX Sexual Harassment Adjudication Process. For Complainant and Respondent Witnesses to submit to cross-examination and have their statements considered in the adjudication of the case, the witness must be formally submitted by the date provided.

  • Upon formal submission of a witness by the Complainant, the Respondent will be informed of the witness. Upon formal submission of a witness by the Respondent, the Complainant will be informed of the witness. Witnesses who speak at the Title IX Sexual Harassment Case Review can provide a verbal statement about the alleged incident or behavior. Witnesses who speak at the Title IX Sexual Harassment Case Review may not provide their perspective on what they feel the appropriate decision or sanction in the case should be or information that violates the rights of either party.

OSARP reserves the right to pursue alleged violations for any reported alleged behavior by the student Complainant, the Respondent, or other students directed at a Complainant, Respondent, Complainant Witness, Respondent Witness, Administrative Witness, Advisor of choice, or Support Person that may violate Interference or Retaliation in a University Process or other policies as listed in the Student Handbook. OSARP may pursue an alleged violation of Interference or Retaliation in a University Process if it receives information that a student Complainant or Respondent discusses the case before the Title IX Sexual Harassment Case Review with the Board Members involved in the case.

Both parties will have access to the Case File.

  • The full Case File consists of the version of the Investigative Report to be used in the adjudication of the case, including any redactions done in accordance with this process.

  • Prior to the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, the Respondent, Complainant, and their respective Advisor will be provided a version of the Case File via electronic or hard copy for review outside of OSARP.

OSARP will schedule the Title IX Sexual Harassment Case Review.

  • Typically, OSARP schedules the Title IX Sexual Harassment Case Review to occur within twenty business days of the Respondent’s advising appointment in OSARP. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

  • OSARP schedules the Title IX Sexual Harassment Case Review around the availability of Board Members, OSARP Staff, Advisors, and Witnesses. If the Title IX Sexual Harassment Case Review is to occur when the Respondent and/or Complainant are enrolled in classes at JMU, the Title IX Sexual Harassment Case Review will be scheduled around their academic schedule(s) to ensure they are able to participate. If the Title IX Sexual Harassment Case Review is to occur when the Respondent and/or Complainant are not enrolled in classes at JMU, it will be reasonably scheduled around their availability. The availability or academic schedules of witnesses called by either party or an Advisor for either party will be considered in scheduling the Title IX Sexual Harassment Case Review.

  • OSARP has no mechanism to compel any party or witness of any type to attend and/or participate in the Title IX Sexual Harassment Case Review. If a party does not attend, the Title IX Sexual Harassment Case Review will proceed based on the information included in the Case File and information shared at the Title IX Sexual Harassment Case Review by the parties present. It is the responsibility of the Respondent or Complainant to ensure their witnesses and Advisor attend the Title IX Sexual Harassment Case Review. OSARP is responsible to ensure the attendance of a university-appointed Advisor, if applicable. If a party or witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party or witness in reaching a determination regarding responsibility.

  • The decision to postpone a Title IX Sexual Harassment Case Review is solely at the discretion of the Director of OSARP or designee.

The Title IX Sexual Harassment Adjudication Process involves the objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provides that credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness. The Title IX Sexual Harassment Adjudication Process utilizes a preponderance of evidence standard to determine whether a student is responsible or not responsible for a violation(s).

The definition of preponderance of the evidence used is:

Preponderance of the evidence means that there is greater than a fifty percent likelihood that the Respondent violated the policy. 

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Title IX Sexual Harassment Case Review

Respondents and Complainants may request reasonable safety measures, including but not limited to police presence, be put in place during the Title IX Sexual Harassment Case Review, if the parties are physically present in the same geographic location. Such request will be implemented at the university's discretion. Parties have the right to request the Title IX Sexual Harassment Case Review be conducted via live teleconference in which participants simultaneously see and hear each other. 

In Title IX Sexual Harassment Case Reviews, Respondents and Complainants have a right to an Advisor in accordance with the restrictions stated in the Title IX Sexual Harassment Adjudication Process.  

The Title IX Sexual Harassment Case Review will be conducted by a Board of three voting faculty or staff members. One staff member from OSARP will serve as a voting Board Chair and two faculty or staff members of the Accountability Board will serve as voting Board Members. Board Members are to have no conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. If a member of the Board feels that their previous contact with the case or the parties involved will prevent them from rendering a fair decision, the Board Member must request that they not be assigned to the Title IX Sexual Harassment Case Review. Respondents and Complainants will be informed of the Board Members assigned to their case. Upon receiving notification of the assigned Board Members, a Respondent or Complainant may request that a Board Member be replaced if the student can show a bias on the part of the Board Member. To make such a request, a Respondent or Complainant must contact the Director of OSARP or designee immediately, setting forth their reasons in writing. The Director of OSARP or designee will review all requests. Any decision to remove a Board Member is at the discretion of the Director of OSARP or designee.   

If a Respondent, Complainant, Respondent Witness, or Complainant Witness fails to appear at a Title IX Sexual Harassment Case Review after being properly notified of its date and time, the Title IX Sexual Harassment Case Review will proceed; the determination of whether or not the Respondent is responsible for violating policy will be rendered on the basis of the Investigative Report provided to be used for adjudication of the case and the information provided by those in attendance at the Title IX Sexual Harassment Case Review. If a party or witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party or witness in reaching a determination regarding responsibility. If an Administrative Witness fails to appear at a Title IX Sexual Harassment Case Review, the Title IX Sexual Harassment Case Review will generally proceed without the Administrative Witness. The decision to postpone a Title IX Sexual Harassment Case Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party.  

Title IX Sexual Harassment Case Reviews will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No party may make their own recordings of the Title IX Sexual Harassment Case Review.  

A Title IX Sexual Harassment Case Review will proceed in accordance with the procedures below, however, Board Members may ask additional questions at any time. The Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case. The Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case.  

Cross-examination is the time when each party’s Advisor asks the other party and any witnesses all relevant questions and follow-up questions, including challenges to credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s Advisor of choice or one appointed for them by the university, if applicable. At no time may a party personally conduct cross-examination. Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or Witness answers a cross-examination or other question, the Board Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the party's sexual predisposition, current sexual behavior, or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. If a party or witness does not submit to cross-examination, the Board will not rely on any statement of that party or witness in determining responsibility. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.  

The Title IX Sexual Harassment Case Review will generally follow the procedures below. Any participant, including the Board, may request a break at any point during the Title IX Sexual Harassment Case Review. Adaptations to the process may be made to ensure the fair review of cases including, but limited to, if the Title IX Coordinator signed the formal compliant instead of the Complainant, or to allow for multiple Complainants and/or Respondents; if this occurs Complainant(s) and the Respondent(s) will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review. 

  1. The Board Members and participants are introduced.  

  2. The statement of the alleged policy violation(s) is presented by the Board Chair.  

  3. Procedures for the Title IX Sexual Harassment Case Review are explained; participants state any questions they have concerning rights or procedures.  

  4. The Complainant is allotted 3 minutes to make an opening statement that outlines the main points of their allegations which may include information regarding the allegations in this case. 

  5. The Respondent is allotted 3 minutes to make an opening statement that outlines the main points of their response to the allegations which may include information regarding the allegations in this case. 

  6. Administrative Witnesses will be called individually to share a verbal statement regarding the allegations.  

    • The Board will ask questions they have for each Administrative Witness.  

    • The Complainant’s Advisor will be allotted 5 minutes to question each Administrative Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Administrative Witness to respond if deemed relevant. 

    • The Respondent’s Advisor will be allotted 5 minutes to question each Administrative Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Administrative Witness to respond if deemed relevant. 

    • The Board may request that an Administrative Witness return at a later point in the Case Review for further clarification.  

  7. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  8. The Complainant is allotted 20 minutes to share a full verbal statement which may include information regarding the allegations in this case. This is also the Complainant’s opportunity to respond to any information or evidence included in the Case File.  

  9. The Respondent is allotted 20 minutes to share a full verbal statement which may include information regarding the allegations in this case. This is also the Respondent’s opportunity to respond to any information or evidence included in the Case File.  

  10. A scheduled 10-minute break will occur unless all parties agree to continue without a break.  

  11. The Board Members will ask any questions they have for either the Respondent or the Complainant.  

  12. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  13. The Respondent’s Advisor will be allotted 15 minutes to question the Complainant.  

    • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant. 

  14. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  15. The Complainant’s Advisor will be allotted 15 minutes to question the Respondent.  

    • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant. 

  16. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  17. The Complainant will call their witnesses individually.  

    • Each witness called by the Complainant will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.  

    • At the conclusion of the statement shared by the Complainant’s Witness, the Complainant’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant’s Witness to respond if deemed relevant. 

    • At the conclusion of the Complainant Advisor’s questions for their witness, the Respondent’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant's witness to respond if deemed relevant. 

    • At the conclusion of the Respondent Advisor’s questions for each witness called by the Complainant, the Board will ask any questions they have of the witness.  

    • Witnesses called by the Complainant may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Complainant may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.   

    • The Board may request that a witness for the Complainant return at a later point in the Case Review for further clarification.  

  18. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  19. The Respondent will call their witnesses individually.  

    • Each witness called by the Respondent will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.  

    • At the conclusion of the statement shared by the Respondent’s Witness, the Respondent’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant. 

    • At the conclusion of the Respondent Advisor’s questions for their witness, the Complainant’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant. 

    • At the conclusion of the Complainant Advisor’s questions for each witness called by the Respondent, the Board will ask any questions they have of the Respondent’s Witness.  

    • Witnesses called by the Respondent may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Respondent may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.   

    • The Board may request that a witness for the Respondent return at a later point in the Case Review for further clarification. 

  20. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  21. The Complainant will be allotted 10 minutes to make a statement that responds to anything shared by the Respondent in the Case File or during the Title IX Sexual Harassment Case Review.  

  22. The Respondent will be allotted 10 minutes to make a statement that responds to anything shared by the Complainant in the Case File or during the Title IX Sexual Harassment Case Review.  

  23. A scheduled 5-minute break will occur unless all parties agree to continue without a break. 

  24. The Respondent’s Advisor will be allotted 5 minutes for final questions of the Complainant.  

    • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant. 

  25. The Complainant’s Advisor will be allotted 5 minutes for final questions of the Respondent.  

    • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant. 

  26. A scheduled 5-minute break will occur unless all parties agree to continue without a break. 

  27. The Board will ask any final questions they have for either the Respondent or the Complainant.  

  28. A scheduled 5-minute break will occur unless all parties agree to continue without a break.  

  29. The Complainant will be allotted 10 minutes to make a closing statement.  

    • A closing statement is not permitted to introduce new evidence or information but is an opportunity to summarize what the Complainant has already shared, their final thoughts, their thoughts moving forward, and any impact on the Complainant related to the allegation(s) of the Title IX Sexual Harassment policy.  

    • If the Complainant has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.  

  30. The Respondent will be allotted 10 minutes to make a closing statement.  

    • A closing statement is not permitted to introduce new evidence or information but is an opportunity to summarize what the Respondent has already shared, their final thoughts, their thoughts moving forward, and any impact on the Respondent related to the allegation(s) of the Title IX  Sexual Harassment policy.  

    • If the Respondent has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.  

  31. The Board will enter closed deliberation to determine responsibility for the alleged policy violation(s). Determinations are based on a preponderance of the evidence and determined by a majority vote.  

    • The Board will first vote to determine the Respondent to be responsible or not responsible for each alleged policy violation.  

    • If the Board finds the Respondent responsible for violating policy, they will determine the sanctions and remedies to be rendered for the case.  

    • If the Board votes to find the Respondent not responsible for violating policy, they will not assign any sanctions.   

OSARP will concurrently contact the Respondent and Complainant via email on the third business day after the date of the Title IX Sexual Harassment Case Review with the determination of responsibility and, if applicable, sanctions and remedies rendered at the Title IX Sexual Harassment Case Review. This will include the Board Members’ rationale for each finding of responsibility.  

Once the Board has determined responsibility at the conclusion of the Title IX Sexual Harassment Case Review, the Title IX Sexual Harassment Adjudication Process will continue through the final decision regardless of enrollment status of either party.  

If neither party submits an appeal of the Board’s determination within the timeline set by the procedures listed in the Student Handbook, the Board’s decision in the case will become final on the next calendar day following the appeal deadline. OSARP will communicate that final decision simultaneously to both parties. 

OSARP may initiate the Accountability Process if a student knowingly provides falsified or misleading information at a Title IX Sexual Harassment Case Review for alleged violation of the Interference or Retaliation in a University Process policy. An employee may be charged with misconduct under relevant university policies.  

OSARP may initiate the Accountability Process against a Complainant or Respondent if it receives information that a party discusses the case with a Board Member prior to the Title IX Sexual Harassment Case Review for alleged violation of the Interference or Retaliation in a University Process policy. An employee may be charged with misconduct under the relevant university policies.  

Title IX Sexual Harassment Case Reviews are closed meetings; the University will maintain confidentiality of all information related to the case, unless legally required or allowed by law to disclose the information. The Respondent and Complainant shall receive notice of all rights they are guaranteed through the Title IX Sexual Harassment Adjudication Process. In Title IX Sexual Harassment Case Reviews, the technical rules of evidence applicable in civil and criminal cases do not apply. 

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Appealing a Title IX Sexual Harassment Case Review

Respondents and Complainants have the right to submit a written appeal of the decision rendered at a Title IX Sexual Harassment Case Review within four days of receiving the decision rendered at the Title IX Sexual Harassment Case Review. Respondents and/or Complainants must directly submit their written appeal.  

Once the Board has made a decision at the conclusion of the Title IX Sexual Harassment Case Review, the Title IX Sexual Harassment Adjudication Process will continue through the final decision regardless of enrollment status of either party. 

Either party may submit an appeal of the decision made at a Title IX Sexual Harassment Case Review on one or more of the following grounds: 

  • Procedural irregularity that affected the outcome of the matter. 

  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. 

  • The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. 

If either party submits an appeal, the other party will be notified in writing that the appeal was submitted.  The Associate Dean of Students or designee will evaluate the submitted appeal and determine if a Title IX Sexual Harassment Appeal Review will be granted; appeals that do not meet these grounds will be denied. Typically, this evaluation by the Associate Dean of Students or designee takes place within ten days of the deadline for submission of a written appeal. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline. The determination made by the Associate Dean of Students or designee to grant or deny an appeal submission is considered final. There is no mechanism for a Respondent or Complainant to appeal the determination made by the Associate Dean of Students or designee to grant or deny an appeal submission. The Title IX Sexual Harassment Adjudication Process will proceed as outlined in the process based on the determination made regarding the appeal submission. 

If an appeal is submitted by the Respondent and/or Complainant and neither party is granted a Title IX Sexual Harassment Appeal Review by the Associate Dean of Students or designee, then the Board’s decision in the case will become final. OSARP will communicate that final decision simultaneously to both parties. 

If a Title IX Sexual Harassment Appeal Review is granted, the Appeal Board will make a decision, including rationale, and provide it to OSARP within three business days of the Title IX Sexual Harassment Appeal Review. OSARP will concurrently notify the Respondent and the Complainant of the final decision and any sanctions rendered. This will include the Appeal Board’s rationale.   

OSARP reserves the right to redact information from the submitted appeal to be used by the Appeal Board that is prohibited by the Title IX Sexual Harassment Adjudication Process, is not relevant to the arguments granted by the Associate Dean of Students or designee, or that violates the rights of either party. The party that submitted the appeal may challenge these redactions to the Director of OSARP or designee within two days of their receipt of the granted appeal to be used by the Appeal Board.  

If the Associate Dean of Students or designee grants a Title IX Sexual Harassment Appeal Review, the other party is notified in writing that the appeal was granted and provided four days to submit a response to the appeal after all challenges to redactions have been resolved or the deadline to challenge redactions has passed. 

OSARP reserves the right to redact information from the response submitted that is prohibited by the Title IX Sexual Harassment Adjudication Process, is not relevant to the arguments granted by the Associate Dean of Students or designee, or that violates the rights of either party. The party that submitted the response may challenge these redactions to the Director of OSARP or designee within two days of their receipt of the submitted response to be used by the Appeal Board Members.  

If a Title IX Sexual Harassment Appeal Review is granted by the Associate Dean of Students or designee as stated in the Title IX Sexual Harassment Adjudication Process, OSARP typically schedules the Title IX Sexual Harassment Appeal Review to occur within ten days of notifying the parties in a case that a Title IX Sexual Harassment Appeal Review has been granted. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.  

The Title IX Sexual Harassment Appeal Review will be conducted by a Board of three voting faculty or staff members of the Accountability Board. One of the faculty or staff members, in addition to being a voting member, will also serve as the Board Chair. The faculty or staff members serving on the Appeal Board will not be the Title IX Coordinator, Investigator(s) in the case, or any member of the Board from the Title IX Sexual Harassment Case Review.  If any member of the Board feels that their previous contact with the case or the parties involved will prevent them from rendering a fair decision, the Board Member must request that they not be assigned to the Title IX Sexual Harassment Appeal Review. Respondents and Complainants will be informed of the Board Members assigned to the Title IX Sexual Harassment Appeal Review. Upon receiving notification of the assigned Appeal Board Members, a Respondent or Complainant may request that a Board Member be replaced if the student can show a bias on the part of the Board Member. In order to make such a request, a Respondent or Complainant must contact the Director of OSARP or designee immediately, setting forth their reasons in writing. The Director of OSARP or designee will review all requests. Any decision to remove a Board Member and/or to postpone a Title IX Sexual Harassment Appeal Review for cause is at the discretion of the Director of OSARP or designee.  

Respondents and Complainants may request reasonable safety measures, including but not limited to police presence, be put in place during the Title IX Sexual Harassment Appeal Review, if the parties are physically present in the same geographic location; such request will be implemented at the university’s discretion. The parties have the right to request the Title IX Sexual Harassment Appeal Review, if applicable, be conducted via live teleconference in which participants simultaneously see and hear each other.  

Appeal Boards will review the Case File, a recording of the Title IX Sexual Harassment Case Review, the portions of the submitted appeal granted by the Associate Dean of Students or designee, any responses submitted to the portions of the appeal granted, and, when applicable, the information provided by those in attendance at the Title IX Sexual Harassment Appeal Review.   

The decisions rendered at a Title IX Sexual Harassment Appeal Review are based on a preponderance of the evidence and determined by a majority vote of the Appeal Board Members. During the Title IX Sexual Harassment Appeal Review the Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the granted appeal. The Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the granted appeal.   

In cases where both the Complainant and Respondent are granted a Title IX Sexual Harassment Appeal Review, there will be one Title IX Sexual Harassment Appeal Review to render decisions considering the arguments raised in both appeals. When both parties are granted an appeal on procedural irregularity and/or conflict of interest or bias that affected the outcome, the Appeal Board will review the appeal submissions in the order they were received by OSARP.  

If an appeal is granted by the Associate Dean of Students or designee based on procedural irregularity that affected the outcome, either in its entirety or with appropriate redactions, for one or both parties, the Title IX Sexual Harassment Appeal Review will follow the procedures listed in “Procedures – Title IX Sexual Harassment Appeal Review: Procedural Irregularity.” Neither the Complainant nor the Respondent may participate or attend a Title IX Sexual Harassment Appeal Review granted on the grounds of procedural irregularity that affected the outcome.  

If an appeal is granted by the Associate Dean of Students or designee on grounds that the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent, either in its entirety or with appropriate redactions, for one or both parties, the Title IX Sexual Harassment Appeal Review will follow the procedures listed in “Procedures – Title IX Sexual Harassment Appeal Review: Conflict of Interest or Bias.” Neither the Complainant nor the Respondent may participate or attend a Title IX Sexual Harassment Appeal Review granted on the grounds that the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the case.  

If an appeal is granted by the Associate Dean of Students or designee based on new evidence that was not reasonably available at the time the determination of responsibility was made (i.e. Title IX Sexual Harassment Case Review) that could affect the outcome of the case, either in its entirety or with appropriate redactions, for one or both parties, the Title IX Sexual Harassment Appeal Review will follow the procedures listed in “Procedures – Title IX Sexual Harassment Appeal Review: New Evidence.” The party or parties granted an appeal on the grounds of new evidence that was not reasonably available at the time the determination of responsibility was made (i.e. Title IX Sexual Harassment Case Review) that could affect the outcome of the case may choose to present the evidence to the Appeal Board; the other party or parties may choose to present their response to the new evidence to the Appeal Board.  

If an appeal is granted by the Associate Dean of Students or designee based on grounds of new evidence and either or both the grounds of procedural irregularity and conflict of interest or bias, either in its entirety or with appropriate redactions, to one or both parties, one Title IX Sexual Harassment Appeal Review will be held and follow the procedures listed in “Procedures - Title IX Sexual Harassment Appeal Review: New Evidence and Other Grounds for Appeal.” The party or parties granted an appeal on the grounds of new evidence may choose to present the evidence to the Appeal Board; the other party or parties may choose to present their response to the new evidence to the Appeal Board. Neither party will present their argument or response regarding procedural irregularity or conflict of interest or bias. 

The Respondent and the Complainant will be notified via email of the outcome of the Title IX Sexual Harassment Appeal Review simultaneously by OSARP on the fourth business day after the date of the Title IX Sexual Harassment Appeal Review.  This notification will be to inform them that a new Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review has been ordered or of the final decision in the case. 

The Title IX Sexual Harassment Appeal Review will generally follow the procedures below based on the reason(s) for appeal. Adaptations to the process may be made to ensure the fair review of cases including, but limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants; if this occurs, Complainant(s) and the Respondent will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review. 

Procedures – Title IX Sexual Harassment Appeal Review: Procedural Irregularity 

Respondents and Complainants are not present for and do not participate in Title IX Sexual Harassment Appeal Reviews granted based on procedural irregularity. If both parties were granted a Title IX Sexual Harassment Appeal Review based on procedural irregularity, then each appeal submission and its response will be reviewed separately using the following procedures. When both parties are granted an appeal on procedural irregularity, the Appeal Board will review the appeal submissions in the order they were received by OSARP. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process. 

  1. For the first, or only, granted appeal and response, the Appeal Board will determine whether a violation(s) of procedural irregularity occurred by considering the arguments made in the granted appeal and any response submitted.  

    • If the Appeal Board determines that no violation(s) of procedural irregularity occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

    • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on procedural irregularity, then the Appeal Board will proceed to Step 3.  

  2. If the Appeal Board determines that a violation(s) of procedural irregularity occurred, the Board will then determine if the violation(s) of procedural irregularity can reasonably be said to have  affected the outcome of the case for the first, or only, party granted the Title IX Sexual Harassment Appeal Review.

    • If the Appeal Board determines that the violation of procedural irregularity cannot reasonably be said to have affected the outcome of the case for of the first party granted the Title IX Sexual Harassment Appeal Review on the basis of the procedural irregularity that occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.    

      • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of procedural irregularity, then the Appeal Board will proceed to Step 3.  

    • If the Appeal Board determines that the violation of procedural irregularity can reasonably be said to have affected the outcome of the case for the first party granted the appeal on the basis of the procedural irregularity that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.    

      • If a new Title IX Sexual Harassment Case Review is ordered after review of the first granted appeal in a Title IX Sexual Harassment Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since the case will be re-heard.  

  3. For the second granted appeal and response, the Appeal Board will determine whether a violation(s) of procedural irregularity occurred by considering the arguments made in the granted appeal and any response submitted.  

    • If the Appeal Board determines that no violation(s) of procedural irregularity occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

  4. If the Appeal Board determines that a violation(s) of procedural irregularity occurred, the Board will then determine if the violation(s) of procedural irregularity can reasonably be said to have affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review.    

    • If the Appeal Board determines that the violation of procedural irregularity cannot reasonably be said to have affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review on the basis of the procedural irregularity that occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

    • If the Appeal Board determines that the violation of procedural irregularity can reasonably be said to have affected the interests of the second party granted the appeal on the basis of the procedural irregularity that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.  

Procedures – Title IX Sexual Harassment Appeal Review: Conflict of Interest or Bias 

Respondents and Complainants are not present for and do not participate in Title IX Sexual Harassment Appeal Reviews granted based on grounds that the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the case. If both parties were granted a Title IX Sexual Harassment Appeal Review based on grounds that the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the case, then each appeal submission and its response will be reviewed separately using the following procedures. When both parties are granted an appeal on grounds that the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the case, the Appeal Board will review the appeal submissions in the order they were received by OSARP. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process. 

  1. For the first, or only, granted appeal and response, the Appeal Board will determine whether a violation(s) of conflict of interest or bias occurred by considering the arguments made in the granted appeal and any response submitted.  

    • If the Appeal Board determines that no violation(s) of conflict of interest or bias occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

    • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on alleged conflict of interest or bias, then the Appeal Board will proceed to Step 3.  

  2. If the Appeal Board determines that a violation(s) of conflict of interest or bias occurred, the Board will then determine if the violation(s) of conflict of interest or bias affected the outcome of the case for the first, or only, party granted the Title IX Sexual Harassment Appeal Review.    

    • If the Appeal Board determines that the violation of conflict of interest or bias did not affect the outcome of the case for the first party granted the Title IX Sexual Harassment Appeal Review on the basis of the conflict of interest or bias that occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.    

      • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of conflict of interest or bias, then the Appeal Board will proceed to Step 3.  

    • If the Appeal Board determines that the violation of conflict of interest or bias affected the outcome of the case for the first party granted the appeal on the basis of the conflict of interest or bias that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.    

      • If a new Title IX Sexual Harassment Case Review is ordered after review of the first granted appeal in a Title IX Sexual Harassment Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since the case will be re-heard.  

  3. For the second granted appeal and response, the Appeal Board will determine whether a violation(s) of conflict of interest or bias occurred by considering the arguments made in the granted appeal and any response submitted.  

    • If the Appeal Board determines that no violation(s) of conflict of interest or bias occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

  4. If the Appeal Board determines that a violation(s) of conflict of interest or bias occurred, the Board will then determine if the violation(s) of conflict of interest or bias affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review.    

    • If the Appeal Board determines that the violation of conflict of interest or bias cannot reasonably be said to have materially affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review on the basis of the conflict of interest or bias that occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

    • If the Appeal Board determines that the violation of conflict of interest or bias affected the outcome of the case for the  second party granted the appeal on the basis of the conflict of interest or bias that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case. 

Procedures – Title IX Sexual Harassment Appeal Review: New Evidence  

OSARP schedules the Title IX Sexual Harassment Appeal Review on grounds of new evidence around the availability of Board Members, OSARP Staff, Advisors, and Witnesses. If the Title IX Sexual Harassment Appeal Review is to occur when the Respondent, and/or Complainant are enrolled in classes at JMU, the Title IX Sexual Harassment Appeal Review will be scheduled around their academic schedule(s) to ensure they are able to participate. If the Title IX Sexual Harassment Appeal Review is to occur when the Respondent and/or Complainant are not enrolled in classes at JMU, it will be reasonably scheduled around their availability. The availability or academic schedules of witnesses called by either party or an Advisor for either party will be considered in scheduling the Title IX Sexual Harassment Appeal Review. 

In Title IX Sexual Harassment Appeal Reviews, Respondents and Complainants have a right to an Advisor in accordance with the restrictions stated in the Title IX Sexual Harassment Adjudication Process. 

If a Respondent, Complainant, Respondent Witness, or Complainant Witness fails to appear at a Title IX Sexual Harassment Appeal Review after being properly notified of its date and time, the Title IX Sexual Harassment Appeal Review will proceed.  If a party or witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party or witness in reaching a determination regarding responsibility. The decision to postpone a Title IX Sexual Harassment Appeal Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party.  

Title IX Sexual Harassment Appeal Reviews on the grounds of new evidence will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No party may make their own recordings of the Title IX Sexual Harassment Appeal Review. 

A Title IX Sexual Harassment Appeal Review will proceed in accordance with the procedures below, however, Appeal Board Members may ask additional questions at any time. Any participant, including the Board, may request a break at any point during the Title IX Sexual Harassment Case Review. The Appeal Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case. The Appeal Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case.  

Cross-examination is the time when each party’s Advisor asks the other party and any witnesses all relevant questions and follow-up question, including challenges to credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s Advisor of choice or one appointed for them by the university, if applicable. At no time may a party personally conduct cross-examination. Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or Witness answers a cross-examination question, the Appeal Board Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the party’s sexual predisposition, current sexual behavior, or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. If a party or witness does not submit to cross-examination, the Board will not rely on any statement of that party or witness in determining responsibility. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.  

Adaptations to the process may be made for cases including, but limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants; if this occurs Complainant(s) and the Respondent will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review. 

If only the Respondent was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below.  If only the Complainant was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 2-5 will be eliminated in the procedures below.  If both parties were granted a Title IX Sexual Harassment Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using the entirety of the following procedures. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process. 

  1. The Board Members and participants are introduced.  

  2. Information is presented by the Respondent solely about the new evidence presented in their appeal.   

    • The Board Members may ask questions about the new evidence presented in the Respondent's appeal.   

    • The Complainant’s Advisor will be allotted 5 minutes for questions of the Respondent.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant. 

  3. If applicable, the Respondent will call their witnesses individually.   

    • Each witness called by the Respondent will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.   

    • At the conclusion of the statement shared by the Respondent’s Witness, the Respondent’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent's witness to respond if deemed relevant.  

    • At the conclusion of the Respondent Advisor’s questions for their witness, the Complainant's Advisor will be allotted 5 minutes to question the Respondent’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s witness to respond if deemed relevant.  

    • At the conclusion of the Complainant Advisor’s questions for each witness called by the Respondent, the Board will ask any questions they have of the witness.   

    • Witnesses called by the Respondent may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Respondent may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.    

    • The Board may request that a witness for the Respondent return at a later point in the Appeal Review for further clarification.   

  4. Information is presented by the Complainant solely about their response to the new evidence presented by the Respondent’s appeal.  

    • The Board Members may question the Complainant about their response to the new evidence presented by the Respondent’s appeal.   

    • The Respondent’s Advisor will be allotted 5 minutes for questions of the Complainant.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant. 

  5. If applicable, the Complainant will call their witnesses individually.   

    • Each witness called by the Complainant will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.   

    • At the conclusion of the statement shared by the Complainant’s Witness, the Complainant’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant's witness to respond if deemed relevant.  

    • At the conclusion of the Complainant Advisor’s questions for their witness, the Respondent’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant's witness to respond if deemed relevant.  

    • At the conclusion of the Respondent Advisor’s questions for each witness called by the Compainant, the Board will ask any questions they have of the witness.   

    • Witnesses called by the Complainant may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Complainant may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.    

    • The Board may request that a witness for the Complainant return at a later point in the Appeal Review for further clarification.   

  6. Information is presented by the Complainant solely about the new evidence presented in their appeal.   

    • The Board Members may ask questions about the new evidence presented in the Complainant's appeal.   

    • The Respondent’s Advisor will be allotted 5 minutes for questions of the Complainant.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant. 

  7. If applicable, the Complainant will call their witnesses individually.   

    • Each witness called by the Complainant will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.   

    • At the conclusion of the statement shared by the Complainant’s Witness, the Complainant’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant’s Witness to respond if deemed relevant.  

    • At the conclusion of the Complainant Advisor’s questions for their witness, the Respondent’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant’s Witness to respond if deemed relevant.  

    • At the conclusion of the Respondent Advisor’s questions for each witness called by the Complainant, the Board will ask any questions they have of the witness.   

    • Witnesses called by the Complainant may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Complainant may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.    

    • The Board may request that a witness for the Complainant return at a later point in the Appeal Review for further clarification. 

  8. Information is presented by the Respondent solely about their response to the new evidence presented by the Complainant’s appeal.  

    • The Board Members may question the Respondent about their response to the new evidence presented by the Complainant’s appeal.   

    • The Complainant’s Advisor will be allotted 5 minutes for questions of the Respondent.  

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant. 

  9. If applicable, the Respondent will call their witnesses individually.   

    • Each witness called by the Respondent will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.   

    • At the conclusion of the statement shared by the Respondent’s Witness, the Respondent’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant.  

    • At the conclusion of the Respondent Advisor’s questions for their witness, the Complainant’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant.  

    • At the conclusion of the Complainant Advisor’s questions for each witness called by the Respondent, the Board will ask any questions they have of the witness.   

    • Witnesses called by the Respondent may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Respondent may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.    

    • The Board may request that a witness for the Respondent return at a later point in the Appeal Review for further clarification.   

  10. The Board Members may ask final questions of the Respondent and/or Complainant.  

  11. The Respondent, Complainant, and Advisors will leave; the Appeal Board will enter closed deliberation.  

  12. The Appeal Board will vote to determine if the new evidence and any response(s) presented by both parties as a part of the appeal is significant enough to alter the decisions made at the Title IX Sexual Harassment Case Review, considering the totality of the evidence.  

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented by both parties, is not significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the decision rendered at the Title IX Sexual Harassment Case Review will stand.  

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the Appeal Board will render their decisions of whether or not the Respondent is responsible for violating policy and proceed to step 13.A or 13.B. 

    1. If the Appeal Board finds the Respondent not responsible for violating all policies, they will proceed to Step 15.

    2. If the Appeal Board finds the Respondent responsible for violating policy, they will proceed to step 14.  

  13. The Appeal Board will render sanctions and remedies for the case. If only a Respondent was granted a Title IX Sexual Harassment Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Title IX Sexual Harassment Case Review.  

  14. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.  

Procedures – Title IX Sexual Harassment Appeal Review: New Evidence and Other Grounds for Appeal 

OSARP schedules a Title IX Sexual Harassment Appeal Review that includes grounds of new evidence around the availability of Board Members, OSARP Staff, Advisors, and Witnesses. If the Title IX Sexual Harassment Appeal Review is to occur when the Respondent, and/or Complainant are enrolled in classes at JMU, the Title IX Sexual Harassment Appeal Review will be scheduled around their academic schedule(s) to ensure they are able to participate. If the Title IX Sexual Harassment Appeal Review is to occur when the Respondent and/or Complainant are not enrolled in classes at JMU, it will be reasonably scheduled around their availability. The availability or academic schedules of witnesses called by either party or an Advisor for either party will be considered in scheduling the Title IX Sexual Harassment Appeal Review.  

In Title IX Sexual Harassment Appeal Reviews involving grounds of new evidence, Respondents and Complainants have a right to an Advisor in accordance with the restrictions stated in the Title IX Sexual Harassment Adjudication Process.   

If a Respondent, Complainant, Respondent Witness, or Complainant Witness fails to appear at a Title IX Sexual Harassment Appeal Review after being properly notified of its date and time, the Title IX Sexual Harassment Appeal Review will proceed.  If a party or witness chooses not to submit to cross-examination, the Board may not rely on the statement(s) of that party or witness in reaching a determination regarding responsibility. The decision to postpone a Title IX Sexual Harassment Appeal Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party.   

Title IX Sexual Harassment Appeal Reviews on the grounds of new evidence will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No party may make their own recordings of the Title IX Sexual Harassment Appeal Review.  

The Appeal Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case. The Appeal Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the adjudication of the case.   

During Appeal Reviews on the grounds involving grounds of new evidence, cross-examination is the time when each party’s Advisor asks the other party and any witnesses all relevant questions and follow-up question, including challenges to credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s Advisor of choice or one appointed for them by the university, if applicable. At no time may a party personally conduct cross-examination. Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or Witness answers a cross-examination question, the Appeal Board Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the party's sexual predisposition, current sexual behavior, or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. If a party or witness does not submit to cross-examination, the Board will not rely on any statement of that party or witness in determining responsibility. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.   

Adaptations to the process may be made for cases including, but limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants; if this occurs Complainant(s) and the Respondent will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review.  

If only the Respondent was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 10-13 will be eliminated in the procedures below.  If only the Complainant was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below. If both parties were granted a Title IX Sexual Harassment Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using all of Steps 6-13 to review the new evidence submitted.  

The portions of the appeal(s) granted on alleged violation(s) procedural irregularity and/or conflict of interest or bias will be considered first. Respondents and Complainants are not present for and do not participate in the part of the Title IX Sexual Harassment Appeal Review granted based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias. If both parties were granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, then each appeal submission and its response will be reviewed separately using the procedures provided. When both parties are granted an appeal on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, the Appeal Board will review the appeal submissions in the order they were received by OSARP.  

A Title IX Sexual Harassment Appeal Review granted to either or both parties on both grounds of new evidence and alleged violation(s) of procedural irregularity and/or conflict of interest or bias will proceed in accordance with the procedures below. Any participant, including the Board, may request a break at any point during the Title IX Sexual Harassment Case Review. However, Board Members may ask additional questions at any time. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.  

  1. The Board Members and participants are introduced.   

  2. For the first, or only, granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural irregularity and/or conflict of interest or bias occurred by considering the arguments made in the granted appeal and any response submitted.   

    • If the Appeal Board determines that a violation(s) of procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 3.   

    • If the Appeal Board determines that no violation(s) of procedural irregularity and/or conflict of interest or bias occurred, and the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 4.  

    • If the Appeal Board determines that no violation(s) of procedural irregularity and/or conflict of interest or bias occurred, and the other party in the case was not granted a Title IX Sexual Harassment Appeal Reviewbased on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 6. 

  3. Based on their determination that a violation(s) of procedural irregularity and/or conflict of interest or bias standards occurred, the Appeal Board will then determine if the violation(s) of procedural irregularity and/or conflict of interest or bias can reasonably be said to have affected the outcome of the case for the first, or only, party granted the Title IX Sexual Harassment Appeal Review.    

    • If the Appeal Board determines that the violation of procedural irregularity and/or conflict of interest or bias cannot reasonably be said to have affected the outcome of the case for the first party granted the Title IX Sexual Harassment Appeal Review on the basis of the procedural irregularity and/or conflict of interest or bias that occurred, the Appeal Board will proceed in one of the following ways: 

      • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 4.  

      • If the other party in the case was not granted a Title IX Sexual Harassment Appeal Review based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 6.   

    • If the Appeal Board determines that the violation of procedural irregularity and/or conflict of interest or bias can reasonably be said to have affected the outcome the case for first party granted the appeal on the basis of the procedural irregularity and/or conflict of interest or bias that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.    

      • If a new Title IX Sexual Harassment Case Review is ordered after review of the first granted appeal in a Title IX Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since the case will be re-heard. In addition, the Appeal Board will not review any submissions on new evidence since the case will be re-heard. Any new evidence that was granted on appeal and any response(s) to it will be added the Case File to be used in the new Title IX Sexual Harassment Case Review. The Respondent, Complainant, Respondent Witnesses, Complainant Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Title IX Sexual Harassment Case Review. The Respondent and the Complainant will be formally notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.  

  4. For the second granted appeal and response, the Appeal Board will determine whether or not a violation(s) of procedural irregularity and/or conflict of interest or bias occurred by considering the arguments made in the granted appeal and any response submitted.   

    • If the Appeal Board determines that a violation(s) of procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 5.   

    • If the Appeal Board determines that no violation(s) of procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 6.    

  5. If the Appeal Board determines that a violation(s) of procedural irregularity and/or conflict of interest or bias occurred, the Board will then determine if the violation(s) of procedural irregularity and/or conflict of interest or bias can reasonably be said to have affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review.     

    • If the Appeal Board determines that the violation of procedural irregularity and/or conflict of interest or bias cannot reasonably be said to have affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review on the basis of the procedural irregularity and/or conflict of interest or bias that occurred, then the Appeal Board will proceed to Step 6.    

    • If the Appeal Board determines that the violation of procedural irregularity and/or conflict of interest or bias can reasonably be said to have affected the outcome of the case for  the second party granted the appeal on the basis of the procedural irregularity and/or conflict of interest or bias that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.   

      • If a new Title IX Sexual Harassment Case Review is ordered after review of the second granted appeal in a Title IX Sexual Harassment Appeal Review, the Appeal Board will not review any submissions on new evidence since the case will be re-heard.  Any new evidence that was granted on appeal and any response(s) to it will be added the Case File to be used in the new Title IX Sexual Harassment Case Review. The Respondent, Complainant, Respondent Witnesses, Complainant Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Title IX Sexual Harassment Case Review. The Respondent and the Complainant will be formally notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.   

  6. Information is presented by the Respondent solely about the new evidence presented in their appeal.    

    • The Board Members may ask questions about the new evidence presented in the Respondent’s appeal.    

    • The Complainant’s Advisor will be allotted 5 minutes for questions of the Respondent.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant.  

  7. If applicable, the Respondent will call their witnesses individually.    

    • Each witness called by the Respondent will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Respondent’s Witness, the Respondent’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent's witness to respond if deemed relevant.   

    • At the conclusion of the Respondent Advisor’s questions for their witness, the Complainant’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent's witness to respond if deemed relevant.   

    • At the conclusion of the Complainant Advisor’s questions for each witness called by the Respondent, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Respondent may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Respondent may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.     

    • The Board may request that a witness for the Respondent return at a later point in the Appeal Review for further clarification.    

  8. Information is presented by the Complainant solely about their response to the new evidence presented by the Respondent’s appeal.   

    • The Board Members may question the Complainant about their response to the new evidence presented by the Respondent’s appeal.    

    • The Respondent’s Advisor will be allotted 5 minutes for questions of the Complainant.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant.  

  9. If applicable, the Complainant will call their witnesses individually.    

    • Each witness called by the Complainant will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Complainant’s Witness, the Complainant’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant's witness to respond if deemed relevant.   

    • At the conclusion of the Complainant Advisor’s questions for their witness, the Respondent’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant's witness to respond if deemed relevant.   

    • At the conclusion of the Respondent Advisor’s questions for each witness called by the Complainant, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Complainant may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Complainant may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.     

    • The Board may request that a witness for the Complainant return at a later point in the Appeal Review for further clarification.    

  10. Information is presented by the Complainant solely about the new evidence presented in their appeal.    

    • The Board Members may ask questions about the new evidence presented in the Complainant's appeal.    

    • The Respondent’s Advisor will be allotted 5 minutes for questions of the Complainant.

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant to respond if deemed relevant.  

  11. If applicable, the Complainant will call their witnesses individually.    

    • Each witness called by the Complainant will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Complainant’s Witness, the Complainant’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant’s Witness to respond if deemed relevant.   

    • At the conclusion of the Complainant Advisor’s questions for their witness, the Respondent’s Advisor will be allotted 5 minutes to question the Complainant’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Complainant’s Witness to respond if deemed relevant.   

    • At the conclusion of the Respondent Advisor’s questions for each witness called by the Complainant, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Complainant may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Complainant may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.     

    • The Board may request that a witness for the Complainant return at a later point in the Appeal Review for further clarification.  

  12. Information is presented by the Respondent solely about their response to the new evidence presented by the Complainant’s appeal.   

    • The Board Members may question the Respondent about their response to the new evidence presented by the Complainant’s appeal.    

    • The Complainant’s Advisor will be allotted 5 minutes for questions of the Respondent.   

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent to respond if deemed relevant.  

  13. If applicable, the Respondent will call their witnesses individually.    

    • Each witness called by the Respondent will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Respondent’s Witness, the Respondent’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant.   

    • At the conclusion of the Respondent Advisor’s questions for their witness, the Complainant’s Advisor will be allotted 5 minutes to question the Respondent’s Witness.    

      • The Board Chair will evaluate each question for relevancy and verbally permit the Respondent’s Witness to respond if deemed relevant.   

    • At the conclusion of the Complainant Advisor’s questions for each witness called by the Respondent, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Respondent may provide what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior. Witnesses called by the Respondent may not provide their perspective on what they feel the appropriate decision or sanction in the case should be.     

    • The Board may request that a witness for the Respondent return at a later point in the Appeal Review for further clarification.    

  14. The Board Members may ask final questions of the Respondent and/or Complainant.   

  15. The Respondent, Complainant, and Advisors will leave; the Appeal Board will enter closed deliberation and complete steps 16-19, as applicable.   

  16. The Appeal Board will vote to determine if the new evidence and any response(s) presented by both parties as a part of the appeal are significant enough to alter the decisions made at the Title IX Sexual Harassment Case Review, considering the totality of the evidence.   

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented by both parties, is not significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the decision rendered at the Title IX Sexual Harassment Case Review will stand.   

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the Appeal Board will render their decisions of whether or not the Respondent is responsible for violating policy and proceed to step 17.A. or 17.B.

    1. If the Appeal Board finds the Respondent responsible for violating policy, they will proceed to step 18.

    2. If the Appeal Board finds the Respondent not responsible for violating all policies, they will proceed to Step 19.   

  17. The Appeal Board will render sanctions and remedies for the case. If only a Respondent was granted a Title IX Sexual Harassment Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Title IX Sexual Harassment Case Review.   

  18. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.  

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