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

Sexual Misconduct Accountability Process: Participants' Roles, Rights, and Restrictions

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 Responding Party not responsible for violating policy. 

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

  3. OSARP will notify the Reporting Party of the outcomes of the case related to the alleged violation(s) of the Sexual Misconduct policy in accordance with FERPA and its implementing regulations.

  4. OSARP will not permit, or deem relevant, questions and evidence about the party's sexual predisposition, current sexual behavior, or prior sexual behavior from discussion during the Sexual Misconduct Case Review and Sexual Misconduct 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 Responding Party committed the conduct alleged by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the Responding Party and are offered to prove consent. 

Rights Granted in the Sexual Misconduct Accountability Process 

Responding Parties and Reporting Parties in the Sexual Misconduct Accountability Process have the following rights: 

  1. The right to receive notification of the alleged violation(s) of the Sexual Misconduct 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 Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, via their official JMU email address at least three days prior to the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable. 

  3. The right for one Support Person of their choice to accompany them at any meetings in OSARP, provided that Support Person’s schedule allows them to attend. A Support Person attending a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, may not communicate for or speak on behalf of a party, but may provide support or advice on how to present their case. At the party’s request, OSARP may copy one Support Person on electronic communication pertaining to the party’s case; the Support Person must agree to adhere to guidelines and restrictions related to confidential information as set forth by OSARP.

  4. Upon request, the right to have reasonable safety measures, including but not limited to a partition or police presence, in place during the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, if the parties are physically present in the same geographic location.

  5. The parties may request the process be conducted in person, which will be granted or denied at the discretion of the Director of OSARP or designee. If a party is unable to secure a private location for their virtual Sexual Misconduct Case Review or requires an in-person case review as an accommodation, the party should contact OSARP immediately upon receiving the notification email to let OSARP know of the concern and request, which will be granted or denied at the discretion of the Director of OSARP or designee. 

  6. The right to receive an electronic copy of and respond to all information in the Case File during the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable.   

  7. The right to participate in the entire Sexual Misconduct Case Review, as outlined in the Sexual Misconduct Accountability Process. 

  8. The right to relate their account of the alleged incident and the right to share information during the Sexual Misconduct Case Review to be used in the adjudication of the case; the right to not answer questions or provide information to be used in the adjudication of the case. 

  9. The right to have witnesses who provided information in the Sexual Misconduct Formal Complaint Investigation Process participate at the Sexual Misconduct Case Review, provided the witness is willing and able to attend. 

  10. The right to question all witnesses who make statements regarding the allegation at the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable; parties will be permitted to ask questions of the other party and witnesses called by the other party in the case through the Board Chair. 

  11. The right to not be asked questions that attempt to elicit information from conversations protected by a legal privilege. Relationships providing legal privilege include, but are not limited to attorney-client, doctor-patient, clergy-confessional, etc. A party may share their own privileged conversations. If a party provides information during the Sexual Misconduct Case Review or Sexual Misconduct Appeal Review (if applicable) that is from privileged conversations, this information is able to be questioned by the Board Members and by the other party. 

  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 Responding Party’s previous disciplinary history in OSARP and/or sanctions imposed not be disclosed during the Sexual Misconduct Case Review or deliberation unless the Board finds the Responding Party is responsible for violating policy in order to determine their recommended sanctions. The Responding Party 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 Sexual Misconduct Case Review with the availability and instructions to access the findings and, if applicable, sanctions rendered at the Sexual Misconduct Case Review. This will include the Board Members’ rationale for each finding on responsibility and sanctions, if applicable.

  15. The right to submit a written appeal of the decisions rendered as a result of the Sexual Misconduct Case Review within four days of OSARP sending notification of the Board’s decision 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 Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter. 

  16. In 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 have access to a recording of the Sexual Misconduct Case Review solely for the purposes of preparing an appeal or response to an appeal upon request. 

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

A Responding Party is a student who receives notification of an alleged policy violation(s), including at least one alleged violation of Sexual Misconduct, and is afforded rights and a Sexual Misconduct Accountability Process by OSARP to respond to all of the alleged policy violation(s). Responding Parties participate in the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, as outlined in the Handbook. The availability of a Responding Party is reasonably considered when OSARP schedules a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, as outlined in the Handbook. OSARP confers the rights outlined in the Responding & Reporting Party - Responsibilities and Right – Sexual Misconduct to those who meet this definition.

A Reporting Party is a person who reports that they experienced alleged behavior committed by a JMU student that is covered by the Sexual Misconduct policy. A Sexual Misconduct Reporting Party presents information regarding alleged policy violation(s) to the Title IX Office in a Formal Complaint, and it is their interaction with a Responding Party that led to an alleged policy violation(s) being placed by OSARP. Reporting Parties participate in the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, as outlined in the Handbook. The availability of a Reporting Party is reasonably considered when OSARP schedules a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, as outlined in the Handbook. OSARP confers the rights outlined in the Responding & Reporting Party - Responsibilities and Rights- Sexual Misconduct to those who meet this definition. 

Administrative Witnesses are not called as a witness by a Responding Party or Reporting Party but are determined by OSARP as having relevant information necessary for the adjudication of the case. The availability of an Administrative Witness is reasonably considered when OSARP schedules a Sexual Misconduct Case Review. Administrative Witnesses do not have the right to be accompanied by a Support Person at a Sexual Misconduct Case Review.

A Reporting Party Witness is a person who provides a report, statement, evidence, or other information to the Title IX Office during their Sexual Misconduct Formal Complaint Investigation Process and who is called by a Reporting Party to participate in the OSARP Sexual Misconduct Accountability Process. A Reporting Party Witness may provide their information to the Board Members in accordance with any restrictions as listed in the Student Handbook. During a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, a Reporting Party 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 Reporting Party Witness may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be at any time during the process. The availability of a Reporting Party Witness is reasonably considered when OSARP schedules a Sexual Misconduct Case Review and/or a Sexual Misconduct Appeal Review, if applicable. OSARP confers the rights outlined in the Reporting Party Witness Rights to those serving in this role. 

Reporting Party Witness Rights 

A witness called by a Reporting Party to participate in the OSARP Sexual Misconduct Accountability Process has the following rights: 

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

  2. When a Reporting Party Witness is called to present at a Sexual Misconduct Appeal Review, the right to be notified of the date, time, and place of the Sexual Misconduct Appeal Review at least three days prior to the Sexual Misconduct 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. 

  4. The right for one Support Person to attend the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, in accordance with the restrictions outlined in the Sexual Misconduct Accountability Process. The Support Person for a Reporting Party Witness may not also serve as a witness in the case.

A Responding Party Witness is a person who provides a report, statement, evidence, or other information to the Title IX Office during their Sexual Misconduct Formal Complaint Investigation Process and who is called by a Responding Party to participate in the OSARP Sexual Misconduct Accountability Process. A Responding Party Witness may provide their information to the Board Members in accordance with any restrictions as listed in the Student Handbook. During a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, a Responding Party 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 Responding Party Witness may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be at any time during the process. The availability of a Responding Party Witness is reasonably considered when OSARP schedules a Sexual Misconduct Case Review and/or a Sexual Misconduct Appeal Review, if applicable. OSARP confers the rights outlined in the Responding Party Witness Rights to those serving in this role.

Responding Party Witness Rights 

A witness called by a Responding Party to participate in the OSARP Sexual Misconduct Accountability Process has the following rights: 

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

  2. When a Responding Party Witness is called to present at a Sexual Misconduct Appeal Review, the right to be notified of the date, time, and place of the Sexual Misconduct Appeal Review at least three days prior to the Sexual Misconduct 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.

  4. The right for one Support Person to attend the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, in accordance with the restrictions outlined in the Sexual Misconduct Accountability Process. The Support Person for a Responding Party Witness may not also serve as a witness in the case.

Reporting Parties, Responding Parties, Reporting Party Witnesses, and Responding Party Witnesses participating at a Sexual Misconduct Case Review and/or Sexual Misconduct Appeal Review may be accompanied by one Support Person. In the Sexual Misconduct Accountability Process:  

  1. Participants may bring one Support Person of their choosing to any meeting, the Sexual Misconduct Case Review, and Sexual Misconduct Appeal Review, if applicable. Attorneys may serve as the Support Person, provided they follow the guidelines outlined in the Sexual Misconduct Accountability Process. The University does not provide those participating in the Sexual Misconduct Accountability Process with a Support Person. It is the participant’s responsibility to determine a Support Person and coordinate their participation.  

  2. OSARP reasonably considers the availability of the Support Person when scheduling meetings, the Sexual Misconduct Case Review, or the Sexual Misconduct Appeal Review, if applicable, as outlined in the “Receipt of Title IX Report, Alleged Policy Violation(s) Notification, and Preparation for the Sexual Misconduct Case Review” section. OSARP cannot compel a Support Person to attend. It is the participant’s responsibility to coordinate their Support Person’s attendance. 

  3. A Support Person may not also serve as a witness at the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, for the case.  

  4. Prior to a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, one Support Person may help the participant prepare for the case, which may include reviewing the Case File with the Responding Party or Reporting Party. A Support Person may also communicate with OSARP about the case and/or procedures with the permission of the Responding Party or Reporting Party. At the party’s request, OSARP may copy a Support Person on electronic communication directed to the party pertaining to the party’s case; the Support Person must agree to adhere to guidelines and restrictions related to confidential information as set forth by OSARP.

  5. OSARP will provide an electronic copy of the Case File to the Support Person prior to the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, after they agree to guidelines and restrictions related to confidential information as set forth by OSARP.   

  6. During a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, a Support Person accompanying a participant may not communicate for or speak on behalf of the participant. Responding Parties, Reporting Parties, and witnesses must present their statements or information themselves.    

  7. During a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, one Support Person may consult with the participant on how to present their statements or information by whispering, providing notes, electronically sending messages, or taking notes as long as it does not disrupt the adjudication of the case.    

  8. During a Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, one Support Person may provide support by taking breaks with or requesting breaks on behalf of the participant they are accompanying.

  1. An OSARP Process Guide is a full-time OSARP staff member or designee assigned to a Reporting Party or Responding Party to provide procedural information and respond to questions about the Sexual Misconduct Accountability 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 Sexual Misconduct Accountability Process.

Some incidents may involve conduct that is prohibited under Policy 1346-Title IX Sexual Harassment, and other conduct that is prohibited under Policy 1340-Sexual Misconduct. When both policies apply for different conduct arising out of the same incident or pattern of incidents, the university may investigate and adjudicate all allegations simultaneously under each policy. If the university consolidates the investigation and adjudication under both policies, then the adjudication procedures applicable to the Title IX Sexual Harassment policy will apply. Alternatively, the university may choose to investigate and adjudicate the conduct separately under each policy.   

Formal complaints alleging (1) sexual harassment on the basis of hostile environment under Policy 1340- Sexual Misconduct (conduct that is sufficiently severe, persistent, or pervasive, and objectively offensive in a manner that interferes with, limits, or denies the person the ability to participate in or benefit from the institution’s education programs or activities) and (2) sexual harassment under Policy 1346-Title IX Sexual Harassment on the basis of unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity, may be investigated and adjudicated simultaneously under both policies. If the university consolidates the investigation and adjudication under both policies, then the adjudication procedures applicable to the Title IX Sexual Harassment policy will apply. The decision maker will make a decision on the allegations under both the Sexual Misconduct and Title IX Sexual Harassment policies, providing a written rationale for allegations under each policy. Alternatively, the university may choose to investigate and adjudicate the conduct separately under each policy. 

Steps in the Sexual Misconduct Accountability Process

The Sexual Misconduct Accountability Process is the process used to adjudicate alleged violations of the Sexual Misconduct policy. Sexual misconduct includes a broad spectrum of behavior. JMU reserves the right to impose any sanction, ranging from probation and educational sanctions up to and including suspension or expulsion, for any act of sexual misconduct. JMU considers acts of sexual violence to be the most serious and therefore typically imposes the most severe sanctions when a Responding Party is found responsible for such offenses, including suspension or expulsion. However, suspension and expulsion are potential outcomes for any case.

In cases where a Responding Party 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 Responding Party’s transcript for the duration of the suspension or expulsion. If a Responding Party withdraws while under investigation for an allegation of sexual violence, a notation will be placed on the Responding Party’s transcript until a final decision in the case is rendered. Such notations will read, as applicable: 

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

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

In order for OSARP to adjudicate a case involving student behavior that allegedly violates the Sexual Misconduct policy, the Title IX Office must complete the Sexual Misconduct Formal Complaint Investigation Process and provide their investigation materials to OSARP. The Sexual Misconduct Formal Complaint Investigation Process conducted by the Title IX Office is the only opportunity for the Reporting Party and Responding Party to submit evidence, information, personal statements, names of witnesses, and witness statements in the Sexual Misconduct Accountability Process.

The investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process will indicate the alleged policy violation(s) to be adjudicated in the case. The Sexual Misconduct Accountability Process is initiated to adjudicate all alleged policy violations resulting from the investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process when the Responding Party is a student as defined in the Student Handbook and the Reporting Party meets the criteria required by JMU Policy 1340. During the last three weeks of the semester, the decision to proceed or postpone the Sexual Misconduct Accountability Process will be determined by OSARP. The student’s diploma and/or official transcripts may be withheld pending the conclusion of the Sexual Misconduct Accountability Process and/or the completion of any outstanding sanctions as determined by the Director of OSARP or designee. If a Responding Party receives a sanction of an immediate suspension or expulsion, the immediate suspension or expulsion will be deemed effective for the most recent semester the Responding Party attended regardless of the Responding Party’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 Responding Party is under an 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 Reporting Party, OSARP will initiate the Sexual Misconduct Accountability Process. In these cases, OSARP may alter the Sexual Misconduct Accountability Process and adjudication procedures as necessary to allow for a fair adjudication of the case. In addition, the Sexual Misconduct Accountability Process may be altered to allow for multiple Reporting Parties if OSARP receives a consolidated Formal Complaint Report with multiple Reporting Parties where the allegations of sexual misconduct arise out of the same facts or circumstances. 

Further, if the investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process indicates alleged policy violations other than Sexual Misconduct, OSARP reserves the right to initiate the Accountability Process to adjudicate these violations even if the Sexual Misconduct Formal Complaint is dismissed.

If a Responding Party receives notice of other alleged policy violation(s) in addition to Sexual Misconduct as a result of the investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process and information provided during the Sexual Misconduct Formal Complaint Investigation Process, all alleged policy violations will be adjudicated through the Sexual Misconduct Accountability Process. This Sexual Misconduct Accountability Process is separate and distinct from the Accountability Process. 

If there is evidence included in the investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process 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 Reporting Party, a Reporting Party Witness, or a Responding Party Witness, OSARP will not initiate the Accountability Process and pursue alleged violations of these policies against these parties. The rights of a Responding Party and Reporting Party participating in the Sexual Misconduct Accountability Process are delineated in the Responding & Reporting Party - Responsibilities and Rights – Sexual Misconduct.

OSARP may initiate the Sexual Misconduct Accountability Process in accordance with the procedures listed in the Student Handbook. The Sexual Misconduct Accountability Process will typically be conducted virtually in a manner in which participants simultaneously see and hear each other; instructions will be provided via email for accessing the Sexual Misconduct Case Review. Parties may request the process be conducted in person, which will be granted or denied at the discretion of the Director of OSARP or designee. If a party is unable to secure a private location for their virtual Sexual Misconduct Case Review or requires an in-person case review as an accommodation, the party should contact OSARP immediately upon receiving the notification email to let OSARP know of the concern and request, which will be granted or denied at the discretion of the Director of OSARP or designee. Anticipated timelines, deadlines, restrictions, or procedures listed within the Sexual Misconduct Accountability Process will not be altered except in necessary or extreme circumstances in order to uphold the intent of the process, as determined by the Director of OSARP or designee, or with the agreement of the party(ies), as approved by the Director of OSARP or designee.  If an extension is granted at the request of a party and that impacts the other party, OSARP will communicate the reason for the extension to both parties. OSARP reserves the right, for cause, to postpone the Sexual Misconduct Accountability Process and return the investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process to the Title IX Office for further investigation under the Sexual Misconduct Formal Complaint Investigation Process.   

Both parties will simultaneously be notified of the beginning of the Sexual Misconduct Accountability Process to adjudicate the alleged policy violation(s).

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), including sufficient details such as date and location of the alleged violation(s), the contact information of the party’s OSARP Guide, and the date, time, and location of the initial appointment with the OSARP Guide. This notice will inform parties that suspension and expulsion are potential outcomes for violations of the Sexual Misconduct policy in circumstances where the Responding Party is found responsible; additionally, rights afforded to parties as a result of the potential for these two outcomes will be included. Specifically, this email will provide information about the rights for the parties to submit one Support Person and any Witnesses to OSARP within four days of receiving this notification email, according to the restrictions in the process as provided below. 

Parties may submit their Support Persons to OSARP.

Each party has the right to one Support Person in the Sexual Misconduct Case Review.  Each party must submit their Support Person's name and contact information within four days of the party's notification email being received in order for OSARP to reasonably consider the Support Person's schedule when scheduling the Sexual Misconduct Case Review. Parties may submit their Support Person after this deadline, but OSARP may not be able to consider their schedule when scheduling the Sexual Misconduct Case Review. Additional information regarding the role of a Support Person in the Sexual Misconduct Accountability Process can be found in the “Support Person” section.

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 Responding Party and Reporting Party will be informed of the Administrative Witnesses being called in the case. Administrative Witnesses may not also serve as a Support Person at the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable.  

Each party has the right to submit to OSARP the name and contact information for any person they intend to have speak as a witness at the Sexual Misconduct Case Review via formal submission up to four days after the party’s notification email being received in order for OSARP to reasonably consider the Witness’ schedule when scheduling the Sexual Misconduct Case Review. Formal submission instructions will be included in the party’s notification email. Parties may submit their Witnesses after this deadline, but OSARP may not be able to consider their schedule when scheduling the Sexual Misconduct 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 Sexual Misconduct Formal Complaint Investigation Process conducted by the Title IX Office are eligible to serve as witnesses in the Sexual Misconduct Accountability Process. 

  • Once the deadline for formal witness submission has passed, the Responding Party and Reporting Party will be informed of the witnesses submitted to the Sexual Misconduct Accountability Process. 

  • Witnesses who speak at the Sexual Misconduct Case Review can provide a verbal statement about the alleged incident or behavior. Witnesses who speak at the Sexual Misconduct Case Review may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be, or information that violates the rights of either party. Witnesses may not also serve as a Support Person at the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable. 

OSARP reserves the right to pursue alleged violations for any reported alleged behavior by the student Reporting Party, the Responding Party, or other students directed at a Reporting Party, Responding Party, Reporting Party Witness, Responding Party Witness, Administrative Witness, 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 Reporting Party or Responding Party discusses the case before the Sexual Misconduct Case Review or Sexual Misconduct Appeal Review with a Board Member(s) involved in the case.

Parties will be notified of OSARP No Contact Orders.

In the notification email outlining the alleged policy violation(s), parties will 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 Reporting Party, the Responding Party, or other students directed at a Reporting Party, Responding Party, Reporting Party Witness, Responding Party Witness, Administrative Witness, 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 Reporting Party or Responding Party discusses the case before the Sexual Misconduct Case Review with a Board Member(s) involved in the case.

A Responding Party or Reporting Party in the Sexual Misconduct Accountability Process is not prohibited from discussing their case with a person they are calling as a witness or 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.

These OSARP No Contact Orders will remain in place until a final decision is rendered as outlined in the Sexual Misconduct Accountability Process.

OSARP Guides will be assigned, and a Guide appointment will be set for both parties.

  • Both Reporting Parties and Responding Parties will be assigned separate OSARP Guides to explain the Sexual Misconduct Accountability 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 Responding Party and Reporting Party if they are enrolled in classes at JMU.  If the Responding Party and/or Reporting Party 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 Reporting Party and Responding Party will meet individually with their OSARP Guide to ensure that they understand the Sexual Misconduct Accountability Process and the rights afforded to them. Responding Parties and Reporting Parties may have one Support Person of their choice accompany them to this Guide appointment if the Support Person’s schedule permits their attendance.  

Both parties will have access to the Case File.

  • Both parties will be granted access by the Title IX Office to the investigation materials from the Sexual Misconduct Formal Complaint Investigation Process. No redactions will be made by OSARP to this information unless necessary to protect rights within the OSARP process. 

  • The Case File to be used by OSARP in the adjudication of the case consists of all investigation materials received from the Title IX Office at the conclusion of the Sexual Misconduct Formal Complaint Investigation Process, excluding information redacted during the Sexual Misconduct Formal Complaint Investigation Process and any redactions done in accordance with the OSARP process. It should be noted that the Case File will include investigation materials even if they were not deemed relevant by the Title IX Office during the Sexual Misconduct Formal Complaint Investigation Process. 

  • Prior to the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, the Responding Party, Reporting Party, and Board Members will be provided an electronic version of the Case File. 

  • OSARP will provide an electronic copy of the Case File to the Support Person prior to the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable, after they agree to guidelines and restrictions related to confidential information as set forth by OSARP. 

OSARP will schedule the Sexual Misconduct Case Review.

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

  • OSARP reasonably schedules the Sexual Misconduct Case Review around the availability of Board Members, OSARP Staff, and the Administrative Witnesses. If the Sexual Misconduct Case Review is to occur when the Responding Party and/or Reporting Party are enrolled in classes at JMU, the Sexual Misconduct Case Review will reasonably be scheduled around their academic schedule(s). If the Sexual Misconduct Case Review is to occur when the Responding Party and/or Reporting Party are not enrolled in classes at JMU, their availability will be considered, and reasonable efforts will be made to ensure they are able to participate. The availability or academic schedules of witnesses called by either party or a Support Person for either party will reasonably be considered in scheduling the Sexual Misconduct Case Review provided they are formally submitted to OSARP by the deadlines provided in the Sexual Misconduct Accountability Process. 

  • OSARP has no mechanism to compel any party or witness of any type to attend and/or participate in the Sexual Misconduct Case Review. If a party does not attend, the Sexual Misconduct Case Review will proceed based on the information included in the Case File and information shared at the Sexual Misconduct Case Review by the participants in attendance. It is the responsibility of the Responding Party or Reporting Party to ensure their witnesses and Support Person attend the Sexual Misconduct Case Review.  

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

The Sexual Misconduct Accountability Process involves the objective evaluation of all relevant evidence and utilizes a preponderance of evidence standard to determine whether a student is responsible or not responsible for a violation(s).

The definition of relevant evidence used is: 

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the outcome of the case.  Relevant evidence includes evidence concerning the credibility of a party or witness. 

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 Responding Party violated the policy.

Responding Parties and Reporting Parties may request that reasonable safety measures be put in place during the Sexual Misconduct Case Review, including but not limited to partitions or police presence. Requests for safety measures will be coordinated by their OSARP Guide. 

In Sexual Misconduct Case Reviews, Responding Parties and Reporting Parties have a right to one Support Person of their choice, provided that person is willing and able to attend the scheduled Sexual Misconduct Case Review. A Support Person attending a Sexual Misconduct Case Review may not communicate for or speak on behalf of a party but may provide support or give advice on how to present their party’s case. A person who serves as a Support Person at a Sexual Misconduct Case Review may not also serve as a witness at the Sexual Misconduct Case Review and Sexual Misconduct Appeal Review, if applicable. 

The Sexual Misconduct 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 Reporting Parties or Responding Parties generally or an individual Reporting Party or Responding Party. 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 Sexual Misconduct Case Review. Responding Parties and Reporting Parties will be informed of the Board Members assigned to their case. Upon receiving notification of the assigned Board Members, a Responding Party or Reporting Party 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 Responding Party or Reporting Party 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 Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to participate at a Sexual Misconduct Case Review after being properly notified of its date and time, the Sexual Misconduct Case Review will proceed; the decision of whether or not the Responding Party is responsible for violating policy will be rendered on the basis of the Case File and the information provided by those in attendance at the Sexual Misconduct Case Review. If an Administrative Witness fails to participate at a Sexual Misconduct Case Review, the Sexual Misconduct Case Review will generally proceed without the Administrative Witness. The decision to postpone a Sexual Misconduct Case Review to accommodate a necessary or extreme circumstance is at the discretion of the Director of OSARP or designee and will be communicated to each party. 

Sexual Misconduct 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 Sexual Misconduct Case Review. A Sexual Misconduct Case Review will proceed in accordance with the procedures below; however, Board Members may ask additional questions at any time. Any participant, including the Board, may request a break at any point during the Sexual Misconduct Case Review. Additionally, the phrase “through the Board Chair” used throughout the Sexual Misconduct Case Review procedures refers to the Board Chair confirming or denying a Reporting Party, Responding Party, Reporting Party Witness, or Responding Party Witness’ ability to respond to a question; this confirmation or denial may be verbal or non-verbal. The Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Sexual Misconduct Accountability 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 Sexual Misconduct Accountability Process, or bears no relevancy to the adjudication of the case. Any participant may be removed by the Board Chair if they violate the Rules of Decorum, adjudication procedures, or procedures outlined in the Student Handbook.

  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 Sexual Misconduct Case Review are explained; participants state any questions they have concerning rights or procedures. 

  4. The Reporting Party is allotted 3 minutes to make an opening statement that outlines the main points of their allegations.

  5. The Responding Party is allotted 3 minutes to make an opening statement that outlines the main points of their response to the allegations.

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

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

    • The Reporting Party will be allotted time to question each Administrative Witness. 

    • The Responding Party will be allotted time to question each Administrative Witness. 

    • 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 Reporting Party is allotted time to share a full verbal statement which may include information regarding the allegations in this case. This is also the Reporting Party’s opportunity to respond to any information or evidence included in the Case File or that has been shared up until this point in the case review. 

  9. The Responding Party is allotted time to share a full verbal statement which may include information regarding the allegations in this case. This is also the Responding Party’s opportunity to respond to any information or evidence included in the Case File or that has been shared up until this point in the case review. 

  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 Responding Party or the Reporting Party. 

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

  13. The Responding Party will be allotted time to question the Reporting Party through the Board Chair. 

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

  15. The Reporting Party will be allotted time to question the Responding Party through the Board Chair. 

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

  17. The Reporting Party will call their witnesses individually. 

    • Each witness called by the Reporting Party will be allotted time to make a verbal statement regarding the alleged incident or behavior. 

    • At the conclusion of the statement shared by the Reporting Party’s witness, the Reporting Party will be allotted time to question their witness. 

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party will be allotted time to question the Reporting Party’s witness through the Board Chair. 

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness. 

    • Witnesses called by the Reporting Party 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. Witnesses called by the Reporting Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.  

    • The Board may request that a witness for the Reporting Party 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 Responding Party will call their witnesses individually. 

    • Each witness called by the Responding Party will be allotted time to make a verbal statement regarding the alleged incident or behavior. 

    • At the conclusion of the statement shared by the Responding Party’s witness, the Responding Party will be allotted time to question their witness. 

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party will be allotted time to question the Responding Party’s witness through the Board Chair. 

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness. 

    • Witnesses called by the Responding Party 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. Witnesses called by the Responding Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.  

    • The Board may request that a witness for the Responding Party 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 Reporting Party will be allotted time to make a statement that responds to anything shared by the Responding Party in the Case File or during the Sexual Misconduct Case Review. 

  22. The Responding Party will be allotted time to make a statement that responds to anything shared by the Reporting Party in the Case File or during the Sexual Misconduct Case Review. 

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

  24. The Responding Party will be allotted time for final questions of the Reporting Party through the Board Chair. 

  25. The Reporting Party will be allotted time for final questions of the Responding Party through the Board Chair. 

  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 Responding Party or the Reporting Party. 

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

  29. The Reporting Party 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 Reporting Party has already shared, their final thoughts, their thoughts moving forward, and any impact on the Reporting Party related to the allegation(s) of Sexual Misconduct. 

    • If the Reporting 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. 

  30. The Responding Party 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 Responding Party has already shared, their final thoughts, their thoughts moving forward, and any impact on the Responding Party related to the allegation(s) of Sexual Misconduct. 

    • If the Responding 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. 

  31. The Board will enter closed deliberation to determine their decisions. Decisions are based on a preponderance of the evidence and determined by a majority vote. 

    • The Board will first vote to find the Responding Party responsible or not responsible for each alleged policy violation. 

    • If the Board finds the Responding Party responsible for violating the Sexual Misconduct policy, they will determine sanctions to be rendered for the case. 

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

OSARP will concurrently contact the Responding Party and Reporting Party via email on the third business day after the date of the Sexual Misconduct Case Review with the availability and instructions to access the findings and, if applicable, sanctions rendered at the Sexual Misconduct Case Review. This will include the Board Members’ rationale for each finding on the Sexual Misconduct policy, and if applicable, sanctions rendered. 

Once the Board has rendered a decision at the conclusion of the Sexual Misconduct Case Review, the Sexual Misconduct Accountability Process will continue through to the conclusion of any appeal process, if applicable, 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 is final. 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 Sexual Misconduct 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 Reporting Party or Responding Party if it receives information that a party discusses the case with a Board Member prior to the Sexual Misconduct 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. 

Sexual Misconduct 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 Responding Party and Reporting Party shall receive notice of all rights they are guaranteed through the Sexual Misconduct Accountability Process. In Sexual Misconduct Case Reviews, the technical rules of evidence applicable in civil and criminal cases do not apply.

Responding Parties and Reporting Parties have the right to submit a written appeal of the decision rendered at a Sexual Misconduct Case Review within four days of receiving the decision rendered at the Sexual Misconduct Case Review. Responding Parties and/or Reporting Parties must directly submit their written appeal.   

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

Either party may submit an appeal of the decision made at a Sexual Misconduct 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 Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party 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 Vice President for Career, Experiential Learning, and Transitions or designee will evaluate the submitted appeal and determine if a Sexual Misconduct Appeal Review will be granted; appeals that do not meet these grounds will be denied. Typically, this evaluation by the Associate Vice President for Career, Experiential Learning, and Transitions or designee takes place within ten business 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 Vice President for Career, Experiential Learning, and Transitions or designee to grant or deny an appeal submission is considered final. There is no mechanism for a Responding Party or Reporting Party to appeal the determination made by the Associate Vice President for Career, Experiential Learning, and Transitions or designee to grant or deny an appeal submission. The Sexual Misconduct Accountability Process will proceed as outlined in the process based on the determination made regarding the appeal submission.  

If an appeal is submitted by the Responding Party and/or Reporting Party and neither party is granted a Sexual Misconduct Appeal Review by the Associate Vice President for Career, Experiential Learning, and Transitions or designee, then the Board’s decision in the case is final. OSARP will communicate that final decision simultaneously to both parties.  

If a Sexual Misconduct Appeal Review is granted, the Appeal Board will make a decision, including rationale, and provide it to OSARP within three business days of the Sexual Misconduct Appeal Review. OSARP will concurrently notify the Responding Party and the Reporting Party 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 Sexual Misconduct Accountability Process, is not relevant to the arguments granted by the Associate Vice President for Career, Experiential Learning, and Transitions 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 Vice President for Career, Experiential Learning, and Transitions or designee grants a Sexual Misconduct 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 Sexual Misconduct Accountability Process, is not relevant to the arguments granted by the Associate Vice President for Career, Experiential Learning, and Transitions 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 Sexual Misconduct Appeal Review is granted by the Associate Vice President for Career, Experiential Learning, and Transitions or designee as stated in the Sexual Misconduct Accountability Process, OSARP typically schedules the Sexual Misconduct Appeal Review to occur within ten days of notifying the parties in a case that a Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Appeal Review. Responding Parties and Reporting Parties will be informed of the Board Members assigned to the Sexual Misconduct Appeal Review. Upon receiving notification of the assigned Appeal Board Members, a Responding Party or Reporting Party 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 Responding Party or Reporting Party 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 Sexual Misconduct Appeal Review for cause is at the discretion of the Director of OSARP or designee.   

OSARP may initiate the Sexual Misconduct Accountability Process in accordance with the procedures listed in the Student Handbook. The Sexual Misconduct Appeal Review for New Evidence will typically be conducted virtually in a manner in which participants simultaneously see and hear each other; instructions will be provided via email for accessing the Sexual Misconduct Appeal Review. Parties may request the process be conducted in person, which will be granted or denied at the discretion of the Director of OSARP or designee. If a party is unable to secure a private location for their virtual Sexual Misconduct Appeal Review or requires an in-person case review as an accommodation, the party should contact OSARP immediately upon receiving the notification email to let OSARP know of the concern and request, which will be granted or denied at the discretion of the Director of OSARP or designee.

Responding Parties and Reporting Parties may request reasonable safety measures, including but not limited to police presence, be put in place during the Sexual Misconduct Appeal Review, if the parties are physically present in the same geographic location; such request will be implemented at the university’s discretion. 

The Appeal Board will review the Case File, a recording of the Sexual Misconduct Case Review, the portions of the submitted appeal granted by the Associate Vice President for Career, Experiential Learning, and Transitions or designee, any responses submitted to the portions of the appeal granted, and, when applicable, the information provided by those in attendance at the Sexual Misconduct Appeal Review.    

The decisions rendered at a Sexual Misconduct Appeal Review are based on a preponderance of the evidence and determined by a majority vote of the Appeal Board Members. During the Sexual Misconduct 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 Sexual Misconduct Accountability 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 Sexual Misconduct Accountability Process, or bears no relevancy to the granted appeal. Any participant may be removed by the Board Chair if they violate the Rules of Decorum, adjudication procedures, or procedures outlined in the Student Handbook.   

In cases where both the Reporting Party and Responding Party are granted a Sexual Misconduct Appeal Review, there will be one Sexual Misconduct 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 Vice President for Career, Experiential Learning, and Transitions or designee based on procedural irregularity that affected the outcome, either in its entirety or with appropriate redactions, for one or both parties, the Sexual Misconduct Appeal Review will follow the procedures listed in “Procedures – Sexual Misconduct Appeal Review: Procedural Irregularity.” Neither the Reporting Party nor the Responding Party may participate or attend a Sexual Misconduct Appeal Review granted on the grounds of procedural irregularity that affected the outcome.   

If an appeal is granted by the Associate Vice President for Career, Experiential Learning, and Transitions 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 Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party, either in its entirety or with appropriate redactions, for one or both parties, the Sexual Misconduct Appeal Review will follow the procedures listed in “Procedures – Sexual Misconduct Appeal Review: Conflict of Interest or Bias.” Neither the Reporting Party nor the Responding Party may participate or attend a Sexual Misconduct 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 Reporting Parties or Responding Parties generally, or the individual Reporting Party or Responding Party, that affected the outcome of the case.   

If an appeal is granted by the Associate Vice President for Career, Experiential Learning, and Transitions or designee based on new evidence that was not reasonably available at the time the determination on responsibility was made (i.e. Sexual Misconduct Case Review) that could affect the outcome of the case, either in its entirety or with appropriate redactions, for one or both parties, the Sexual Misconduct Appeal Review will follow the procedures listed in “Procedures – Sexual Misconduct 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 on responsibility was made (i.e. Sexual Misconduct 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 Vice President for Career, Experiential Learning, and Transitions 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 Sexual Misconduct Appeal Review will be held and follow the procedures listed in “Procedures - Sexual Misconduct 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 Responding Party and the Reporting Party will be notified via email of the outcome of the Sexual Misconduct Appeal Review simultaneously by OSARP on the fourth business day after the date of the Sexual Misconduct Appeal Review. This notification will be to inform them that a new Sexual Misconduct Formal Complaint Investigation Process has been ordered, a new Sexual Misconduct Case Review has been ordered, or of the final decision in the case.  

The Sexual Misconduct 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 Sexual Misconduct Accountability Process without the authorization of the Reporting Party or to allow for multiple Reporting Parties; if this occurs, Reporting Party(s) and the Responding Party will be notified of the adaptations prior to the Sexual Misconduct Case Review.  

Procedures – Sexual Misconduct Appeal Review: Procedural Irregularity

Responding Parties and Reporting Parties are not present for and do not participate in Sexual Misconduct Appeal Reviews granted based on procedural irregularity. If both parties were granted a Sexual Misconduct 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 Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability 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 Sexual Misconduct Case Review will stand.   

    • If the other party in the case was also granted a Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Appeal Review on the basis of the procedural irregularity that occurred, the decision rendered at the Sexual Misconduct Case Review will stand.     

      • If the other party in the case was also granted a Sexual Misconduct 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 Sexual Misconduct Case Review be conducted to render a decision for the case.     

      • If a new Sexual Misconduct Case Review is ordered after review of the first granted appeal in a Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Appeal Review on the basis of the procedural irregularity that occurred, the decision rendered at the Sexual Misconduct 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 Sexual Misconduct Case Review be conducted to render a decision for the case.   

Procedures – Sexual Misconduct Appeal Review: Conflict of Interest or Bias

Responding Parties and Reporting Parties are not present for and do not participate in Sexual Misconduct 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 Reporting Parties or Responding Parties generally, or the individual Reporting Party or Responding Party, that affected the outcome of the case. If both parties were granted a Sexual Misconduct 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 Reporting Parties or Responding Parties generally, or the individual Reporting Party or Responding Party, 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 Reporting Parties or Responding Parties generally, or the individual Reporting Party or Responding Party, that affected the outcome of the case, the Appeal Board will review the appeal submissions in the order they were received by OSARP. The Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability 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 Sexual Misconduct Case Review will stand.   

    • If the other party in the case was also granted a Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Appeal Review on the basis of the conflict of interest or bias that occurred, the decision rendered at the Sexual Misconduct Case Review will stand.     

      • If the other party in the case was also granted a Sexual Misconduct 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 either send the case to the Title IX Coordinator’s supervisor or designee (for bias by the investigator(s) or Title IX Coordinator) or to the OSARP Case Manager or designee (for bias of a board member). For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Sexual Misconduct Formal Complaint Investigation Process will be re-conducted. For cases that are sent to the OSARP Case Manager or designee, OSARP will conduct a new Sexual Misconduct Sexual Harassment Case Review.

      • If the case is sent to the Title IX Coordinator’s supervisor or designee or the OSARP Case Manager or designee after review of the first granted appeal in a Sexual Misconduct Appeal Review where a second appeal had been granted to the other party, the Appeal Board will not review the second submission since either the case will be re-heard or the investigation will be re-conducted, resulting in a case being 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 Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Appeal Review on the basis of the conflict of interest or bias that occurred, the decision rendered at the Sexual Misconduct 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 either send the case to the Title IX Coordinator’s supervisor or designee (for bias by the investigator(s) or Title IX Coordinator) or to OSARP Case Manager or designee (for bias of a board member). For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Sexual Misconduct Formal Complaint Investigation Process will be re-conducted. For cases that are sent to the OSARP Case Manager or designee, OSARP will conduct a new Sexual Misconduct Sexual Harassment Case Review.

Procedures – Sexual Misconduct Appeal Review: New Evidence

OSARP reasonably schedules the Sexual Misconduct Appeal Review on grounds of new evidence around the availability of Responding Parties, Reporting Parties, Board Members, OSARP Staff, Support Persons, and Witnesses. If the Sexual Misconduct Appeal Review is to occur when the Responding Party, and/or Reporting Party are enrolled in classes at JMU, the Sexual Misconduct Appeal Review will reasonably be scheduled around their academic schedule(s). If the Sexual Misconduct Appeal Review is to occur when the Responding Party and/or Reporting Party 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 a Support Person for either party will reasonably be considered in scheduling the Sexual Misconduct Appeal Review.  

In Sexual Misconduct Appeal Reviews, Responding Parties and Reporting Parties have a right to a Support Person in accordance with the restrictions stated in the Sexual Misconduct Accountability Process.  

If a Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to appear at a Sexual Misconduct Appeal Review after being properly notified of its date and time, the Sexual Misconduct Appeal Review will proceed. The decision to postpone a Sexual Misconduct Appeal Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party.   

Sexual Misconduct 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 Sexual Misconduct Appeal Review.  

A Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Accountability 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 Sexual Misconduct Accountability Process, or bears no relevancy to the adjudication of the case.   

Adaptations to the process may be made for cases including, but limited to, if OSARP initiated the Sexual Misconduct Accountability Process without the authorization of the Reporting Party or to allow for multiple Reporting Parties; if this occurs Reporting Party(s) and the Responding Party will be notified of the adaptations prior to the Sexual Misconduct Case Review.  

If only the Responding Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below.  If only the Reporting Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 2-5 will be eliminated in the procedures below. If both parties were granted a Sexual Misconduct 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 Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability Process.  

  1. The Board Members and participants are introduced.   

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

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

    • The Reporting Party, through the Board Chair, will be allotted time to question the Responding Party about the new evidence presented in the Responding Party’s appeal.   

  3. If applicable, the Responding Party will call their witnesses individually.    

    • Each witness called by the Responding Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Responding Party’s Witness, the Responding Party will be allotted time to question the Responding Party’s Witness.  

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party, through the Board Chair, will be allotted time to question the Responding Party’s Witness.     

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Responding Party 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 Responding Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.     

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

  4. Information is presented by the Reporting Party solely about their response to the new evidence presented by the Responding Party’s appeal.   

    • The Board Members may question the Reporting Party about their response to the new evidence presented by the Responding Party’s appeal.    

    • The Responding Party, through the Board Chair, will be allotted time for questions of the Reporting Party.   

  5. If applicable, the Reporting Party will call their witnesses individually.    

    • Each witness called by the Reporting Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Reporting Party’s Witness, the Reporting Party will be allotted time to question the Reporting Party’s Witness.    

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party, though the Board Chair, will be allotted time to question the Reporting Party’s Witness.    

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Reporting Party 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 Reporting Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.     

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

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

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

    • The Responding Party, through the Board Chair, will be allotted time for questions of the Reporting Party.   

  7. If applicable, the Reporting Party will call their witnesses individually.    

    • Each witness called by the Reporting Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Reporting Party’s Witness, the Reporting Party will be allotted time to question the Reporting Party’s Witness.     

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party, through the Board Chair, will be allotted time to question the Reporting Party’s Witness.    

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Reporting Party 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 Reporting Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.     

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

  8. Information is presented by the Responding Party solely about their response to the new evidence presented by the Reporting Party’s appeal.   

    • The Board Members may question the Responding Party about their response to the new evidence presented by the Reporting Party’s appeal.    

    • The Reporting Party, through the Board Chair, will be allotted time for questions of the Responding Party.   

  9. If applicable, the Responding Party will call their witnesses individually.    

    • Each witness called by the Responding Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.    

    • At the conclusion of the statement shared by the Responding Party’s Witness, the Responding Party will be allotted time to question the Responding Party’s Witness.    

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party, through the Board Chair, will be allotted time to question the Responding Party’s Witness.    

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.    

    • Witnesses called by the Responding Party 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 Responding Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.     

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

  10. The Board Members may ask final questions of the Responding Party and/or Reporting Party.   

  11. The Responding Party, Reporting Party, and Support Persons 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 Sexual Misconduct 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 Sexual Misconduct Case Review, the decision rendered at the Sexual Misconduct 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 Sexual Misconduct Case Review, the Appeal Board will render their decisions of whether or not the Responding Party is responsible for violating policy and proceed to step 13.A or 13.B.  

  13.  

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

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

  14. The Appeal Board will render sanctions and remedies for the case. If only a Responding Party was granted a Sexual Misconduct Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Sexual Misconduct Case Review.   

  15. The Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability Process.   

Procedures – Sexual Misconduct Appeal Review: New Evidence and Other Grounds for Appeal

OSARP reasonably schedules a Sexual Misconduct Appeal Review that includes grounds of new evidence around the availability of Responding Parties, Reporting Parties, Board Members, OSARP Staff, Support Persons, and Witnesses. If the Sexual Misconduct Appeal Review is to occur when the Responding Party, and/or Reporting Party are enrolled in classes at JMU, the Sexual Misconduct Appeal Review will reasonably be scheduled around their academic schedule(s). If the Sexual Misconduct Appeal Review is to occur when the Responding Party and/or Reporting Party 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 a Support Person for either party will reasonably be considered in scheduling the Sexual Misconduct Appeal Review.   

In Sexual Misconduct Appeal Reviews involving grounds of new evidence, Responding Parties and Reporting Parties have a right to a Support Person in accordance with the restrictions stated in the Sexual Misconduct Accountability Process.    

If a Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to appear at a Sexual Misconduct Appeal Review after being properly notified of its date and time, the Sexual Misconduct Appeal Review will proceed. The decision to postpone a Sexual Misconduct Appeal Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party.    

Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct Accountability 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 Sexual Misconduct Accountability Process, or bears no relevancy to the adjudication of the case.     

Adaptations to the process may be made for cases including, but limited to, if OSARP initiated the Sexual Misconduct Accountability Process without the authorization of the Reporting Party or to allow for multiple Reporting Parties; if this occurs Reporting Party(s) and the Responding Party will be notified of the adaptations prior to the Sexual Misconduct Case Review.   

If only the Responding Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 10-13 will be eliminated in the procedures below.  If only the Reporting Party was granted a Sexual Misconduct Appeal Review based on new evidence, then Steps 6-9 will be eliminated in the procedures below. If both parties were granted a Sexual Misconduct 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. Responding Parties and Reporting Parties are not present for and do not participate in the part of the Sexual Misconduct Appeal Review granted based on alleged violation(s) of procedural irregularity and/or conflict of interest or bias. If both parties were granted a Sexual Misconduct 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 Sexual Misconduct 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; however, Board Members may ask additional questions at any time. Any participant, including the Board, may request a break at any point during the Sexual Misconduct Case Review. The Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability 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 Sexual Misconduct 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 Sexual Misconduct 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.  

  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 Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct 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 Sexual Misconduct 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 the 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 either send the case to the Title IX Coordinator’s supervisor or designee (for bias by the investigator(s) or Title IX Coordinator) or to the OSARP Case Manager or designee (for bias of a board member or procedural irregularity).  For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Sexual Misconduct Formal Complaint Investigation Process will be re-conducted. For cases that are sent to the OSARP Case Manager or designee, OSARP will conduct a new Sexual Misconduct Sexual Harassment Case Review.

      • If the case is sent to the Title IX Coordinator’s supervisor or designee or the OSARP Case Manager or designee 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 either the case will be re-heard or the investigation will be re-conducted, resulting in a case being 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 given to the Title IX Coordinator’s supervisor or designee to be added to the new investigation or given to the OSARP Case Manager or designee to be added the Case File to be used in the new Sexual Misconduct Case Review. The Responding Party, Reporting Party, Responding Party Witnesses, Reporting Party Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Sexual Misconduct Formal Complaint Investigation Process or the new Sexual Misconduct Case Review. The Responding Party and Reporting Party will be formally notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability 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 Sexual Misconduct 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 Sexual Misconduct 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 either send the case to the Title IX Coordinator’s supervisor or designee (for bias by the investigator(s) or Title IX Coordinator) or to the OSARP Case Manager or designee (for bias of a board member or procedural irregularity).  For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Sexual Misconduct Formal Complaint Investigation Process will be re-conducted. For cases that are sent to the OSARP Case Manager or designee, OSARP will conduct a new Sexual Misconduct Sexual Harassment Case Review.

      • If the case is sent to the Title IX Coordinator’s supervisor or designee or the OSARP Case Manager or designee after review of the second granted appeal in a Sexual Misconduct 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 given to the Title IX Coordinator’s supervisor or designee to be added to the new investigation or given to the OSARP Case Manager or designee to be added the Case File to be used in the new Title IX Sexual Harassment Case Review. The Responding Party, Reporting Party, Responding Party Witnesses, Reporting Party Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Sexual Misconduct Formal Complaint Investigation Process or the new Sexual Misconduct Case Review. The Reporting Party and Responding Party will be formally notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability Process.  

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

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

    • The Reporting Party, through the Board Chair, will be allotted time for questions of the Responding Party.    

  7. If applicable, the Responding Party will call their witnesses individually.     

    • Each witness called by the Responding Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.     

    • At the conclusion of the statement shared by the Responding Party’s Witness, the Responding Party will be allotted time to question the Responding Party’s Witness.      

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party, through the Board Chair, will be allotted time to question the Responding Party’s Witness.      

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.     

    • Witnesses called by the Responding Party 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 Responding Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.      

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

  8. Information is presented by the Reporting Party solely about their response to the new evidence presented by the Responding Party’s appeal.    

    • The Board Members may question the Reporting Party about their response to the new evidence presented by the Responding Party’s appeal.     

    • The Responding Party, through the Board Chair, will be allotted time for questions of the Reporting Party.    

  9. If applicable, the Reporting Party will call their witnesses individually.     

    • Each witness called by the Reporting Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.     

    • At the conclusion of the statement shared by the Reporting Party’s Witness, the Reporting Party will be allotted time to question the Reporting Party’s Witness.     

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party, through the Board Chair, will be allotted time to question the Reporting Party’s Witness.      

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.     

    • Witnesses called by the Reporting Party 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 Reporting Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.      

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

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

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

    • The Responding Party, through the Board Chair, will be allotted time for questions of the Reporting Party. 

  11. If applicable, the Reporting Party will call their witnesses individually.     

    • Each witness called by the Reporting Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.     

    • At the conclusion of the statement shared by the Reporting Party’s Witness, the Reporting Party will be allotted time to question the Reporting Party’s Witness.       

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party, through the Board Chair, will be allotted time to question the Reporting Party’s Witness.       

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.     

    • Witnesses called by the Reporting Party 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 Reporting Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.      

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

  12. Information is presented by the Responding Party solely about their response to the new evidence presented by the Reporting Party’s appeal.    

    • The Board Members may question the Responding Party about their response to the new evidence presented by the Reporting Party’s appeal.     

    • The Reporting Party, through the Board Chair, will be allotted time for questions of the Responding Party. 

  13. If applicable, the Responding Party will call their witnesses individually.     

    • Each witness called by the Responding Party will be allotted time to make a verbal statement regarding the alleged incident or behavior.     

    • At the conclusion of the statement shared by the Responding Party’s Witness, the Responding Party will be allotted time to question the Responding Party’s Witness.      

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party, through the Board Chair, will be allotted time to question the Responding Party’s Witness.      

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.     

    • Witnesses called by the Responding Party 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 Responding Party may not provide their perspective on what they feel the appropriate decision or sanction(s) in the case should be.      

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

  14. The Board Members may ask final questions of the Responding Party and/or Reporting Party.    

  15. The Responding Party, Reporting Party, and Support Persons 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 Sexual Misconduct 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 Sexual Misconduct Case Review, the decision rendered at the Sexual Misconduct 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 Sexual Misconduct Case Review, the Appeal Board will render their decisions of whether or not the Responding Party is responsible for violating policy and proceed to step 17.A. or 17.B. 

  17.  

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

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

  18. The Appeal Board will render sanctions and remedies for the case. If only a Responding Party was granted a Sexual Misconduct Appeal Review, the Appeal Board may not assign more severe sanctions than those assigned at the Sexual Misconduct Case Review.    

  19. The Responding Party and the Reporting Party will be notified of the outcome of the Sexual Misconduct Appeal Review in accordance with the procedures listed in the Sexual Misconduct Accountability Process. 

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