JMU prohibits sexual and gender-based harassment including sexual assault and other forms of inter-personal violence. The responsibility for overall coordination, monitoring and information dissemination about JMU’s Title IX program is assigned to the Title IX Coordinator. The Title IX Office oversees and conducts the investigation from Formal Complaints arising out of alleged violations of the Title IX Sexual Harassment policy.

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

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

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Title IX Sexual Harassment Adjudication 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 Respondent not responsible for violating policy.

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

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

  4. OSARP will concurrently notify the Complainant and Respondent of the outcomes of the case related to the alleged violation(s) of the Title IX Sexual Harassment policy in accordance with FERPA and its implementing regulations.

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

Rights Granted in the Title IX Sexual Harassment Adjudication Process 

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

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

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

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

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

  5. The parties 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 Title IX Sexual Harassment 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 Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable.

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

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

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

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

  11. The right to 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 Title IX Sexual Harassment Case Review or Title IX Sexual Harassment 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, through their Advisor during cross-examination. 

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

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

  14. The right to be notified via email on the fifth business day after the date of the Title IX Sexual Harassment Case Review with the availability and instructions to access the findings and, if applicable, remedies and sanctions rendered at the Title IX Sexual Harassment Case Review. This will include the Board Members’ rationale and sanctions and/or remedies, if applicable.

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

    • Procedural irregularity that affected the outcome of the matter.

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

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

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

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

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

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

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

An Administrative Witness is not called as a witness by a Respondent or Complainant but is called as a witness by the university as an individual who has relevant information for adjudication of the case. The availability of an Administrative Witness is reasonably considered when OSARP schedules a Title IX Sexual Harassment Case Review. Administrative Witnesses do not have the right to be accompanied by a Support Person at a Title IX Sexual Harassment Case Review.

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

Complainant Witness Rights 

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

  1. The right to be notified of the date, time, and place of the Title IX Sexual Harassment Case Review at least three days prior to the case review via email.
  2. When a Complainant Witness is called to present at a Title IX Sexual Harassment Appeal Review, the right to be notified of the date, time, and place of the Title IX Sexual Harassment Appeal Review at least three days prior to the Title IX Sexual Harassment Appeal Review via email.
  3. The right to share information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior; the right to not answer questions or provide information to be used in the adjudication of the case.
  4. The right for a Complainant Witness Support Person to attend the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, in accordance with the restrictions outlined in the Title IX Sexual Harassment Adjudication Process.

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

Respondent Witness Rights 

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

  1. The right to be notified of the date, time, and place of the Title IX Sexual Harassment Case Review at least three days prior to the case via email.
  2. When a Respondent Witness is called to present at a Title IX Sexual Harassment Appeal Review, the right to be notified of the date, time, and place of the Title IX Sexual Harassment Appeal Review at least three days prior to the Title IX Sexual Harassment Appeal Review via email.
  3. The right to share information relevant to the case, including what they know directly about the alleged incident or behavior and/or what they have been told about the alleged incident or behavior; the right to not answer questions or provide information to be used in the adjudication of the case.
  4. The right for a Respondent Witness Support Person to attend the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, in accordance with the restrictions outlined in the Title IX Sexual Harassment Adjudication Process.

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

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

  3. OSARP reasonably considers the availability of an Advisor when scheduling meetings, the Title IX Sexual Harassment Case Review, or the Title IX Sexual Harassment Appeal Review, if applicable, as outlined in the “Receipt of Title IX Sexual Harassment Report, Alleged Policy Violation(s) Notification, and Preparation for the Title IX Sexual Harassment Case Review” section. OSARP cannot compel an Advisor to attend; it is the party’s responsibility to coordinate an Advisor’s attendance. If an Advisor does not attend, the Title IX Sexual Harassment Case Review will proceed with any necessary adaptations to the procedures, in accordance with the Title IX Sexual Harassment adjudication process section of the Student Handbook.

  4. OSARP will provide an electronic copy of the Case File to the Advisor prior to the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, after they agree to the guidelines and restrictions related to confidential information as set forth by OSARP.

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

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

  7. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, an Advisor may consult with the party on how to present their statements or information by whispering, providing notes, electronically sending messages, or taking notes as long as it does not disrupt the adjudication of the case.

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

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

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

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

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

Rules of Decorum

The adjudication process must be managed to ensure all participants receive a fair, impartial, and unbiased experience that allows Board Members to gather information necessary to make a decision regarding responsibility for the alleged violations in the case. During the adjudication process, all participants must adhere to the following expectations and the adjudication procedures in the Title IX Sexual Harassment Adjudication Process, outlined within the JMU Student Handbook. 

General Expectations 

Respondents and Complainants in the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) must: 

  • Listen respectfully to the individual speaking without interruption. 
  • Wait to begin speaking until addressed by the Board Chair. 
  • Avoid speaking over other participants. 
  • Use respectful language that is not demeaning, derogatory, or disrespectful. 
  • Avoid raising their voices. 
  • Remain seated in their predetermined locations. 
  • Refrain from making distracting or offensive gestures (e.g., rolling eyes, throwing arms in the air, etc.) or audible reactions (e.g., scoffing, speaking under the breath, etc.). 
  • For questions about the Rules of Decorum or adjudication procedures, a participant should request a break through the Board Chair to consult with the party’s OSARP Guide or the Case Coordinator. 

A party or witness may choose not to answer questions or provide information to be used in the case's adjudication. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.   

During cross-examination, questions are limited based on the following topics: 

  • Sexual predisposition of a party 
  • Current/prior sexual behavior of a party 
    • Unless such questions and evidence about the party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 
  • Legal privilege 
    • Questions may not 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 admit their own privileged conversations. If a party provides information during the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment 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, through their Advisor during cross-examination. 
  • Credibility 
    • Questions based solely on a person’s status as a Complainant, Respondent, or witness may not be used to address credibility. 

Violation of Expectations & Adjudication Procedures 

Determination regarding a participant’s violation of one of these expectations lies with the Board Chair. If a participant violates an expectation of the Rules of Decorum or the adjudication procedures outlined in the Title IX Sexual Harassment Adjudication Process, the Board Chair will issue a verbal warning, identifying the expectation violated and how it was violated. This notice and rationale will be captured via audio and/or video recording. 

Should a participant continue to violate these expectations or adjudication procedures, the Board Chair will immediately call for a break. During the break, the Board Chair will address the problematic behavior directly. If the participant refuses to comply with the Board Chair’s warning or causes additional problems, the Board Chair may decide to take one or more of the following actions: 

  • Implement other methods to address the problematic behavior, as determined by the Board Chair, that allows the case to continue in a fair manner for all participants.
  • Remove the participant from the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable). If the participant removed is an Advisor for the Complainant or Respondent, a new Advisor may be appointed by the university to serve as their Advisor for the remainder of the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable). The new Advisor is provided at no cost to the party. 
  • End the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) and potentially reconvene at a later date, at the discretion of the Director of OSARP or designee, if the removed participant is the Complainant or Respondent  
  • Participants may receive an alleged policy violation(s) for their behavior if they meet the definition of a JMU student as listed in the Student Handbook. 

The adjudication process must be managed to ensure all participants receive a fair, impartial, and unbiased experience that allows Board Members to gather information necessary to make a decision regarding responsibility for the alleged violations in the case. During the adjudication process, all participants must adhere to the following expectations and the adjudication procedures in the Title IX Sexual Harassment Adjudication Process, outlined within the JMU Student Handbook. 

General Expectations 

Advisors of Choice in the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) must: 

  • Listen respectfully to the individual speaking without interruption. 
  • Wait to begin speaking until addressed by the Board Chair. 
  • Avoid speaking over other participants. 
  • Use respectful language that is not demeaning, derogatory, or disrespectful. 
  • Avoid raising their voices. 
  • Remain seated in their predetermined locations. 
  • Refrain from making distracting or offensive gestures (e.g., rolling eyes, throwing arms in the air, etc.) or audible reactions (e.g., scoffing, speaking under the breath, etc.). 
  • For questions about the Rules of Decorum or adjudication procedures, a participant should request a break through the Board Chair to consult with the party’s OSARP Guide or the Case Coordinator. 

Expectations for Advisors (of Choice or University-Appointed) 

During the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable), Advisors (of Choice or University-Appointed) for the Complainant and Respondent will conduct cross-examination. This is the time when each party’s Advisor asks the other party and any witnesses all relevant questions and follow-up questions, including challenges to credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s Advisor. At no time may a party personally conduct cross-examination. Additionally, an Advisor may: 

  • Not communicate for or speak on behalf of the party except for conducting cross-examination. Respondents and Complainants must present their statements or information themselves. 
  • Consult with the party on how to present their statements or information by whispering, providing notes, sending messages via electronic communication, or taking notes as long as it does not disrupt the adjudication of the case. 
  • Provide support by taking breaks with or requesting breaks on behalf of the party they are accompanying. 

Before a Complainant, Respondent, or Witness answers a cross-examination question, the Board Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Board Chair may provide Advisors the opportunity to rephrase a question to comply with adjudication procedures.  

During cross-examination, the Advisor (of Choice or University-Appointed): 

  • Must allow the Board Chair time to evaluate each question for relevancy and verbally permit the participant to respond if deemed relevant. 
  • May ask the Board Chair to reconsider a relevancy determination, but must refrain from arguing with the Board Chair if a question is deemed not relevant and rationale was provided. 
  • Must pose questions that elicit information relevant to the investigated incident(s) in question. 
  • Must maintain a professional and respectful attitude towards the other party, witnesses, Board Members, and any other participants in the adjudication process. 
  • Must refrain from repeating a question where a response has been provided by a participant. 

A party or witness may choose not to answer questions or provide information to be used in the case's adjudication. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.   

During cross-examination, questions are limited based on the following topics: 

  • Sexual predisposition of a party 
  • Current/prior sexual behavior of a party 
    • Unless such questions and evidence about the party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 
  • Legal privilege 
    • Questions may not 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 admit their own privileged conversations. If a party provides information during the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment 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, through their Advisor during cross-examination. 
  • Credibility 
    • Questions based solely on a person’s status as a Complainant, Respondent, or witness may not be used to address credibility. 

Violation of Expectations & Adjudication Procedures 

Determination regarding a participant’s violation of one of these expectations lies with the Board Chair. If a participant violates an expectation of the Rules of Decorum or the adjudication procedures outlined in the Title IX Sexual Harassment Adjudication Process, the Board Chair will issue a verbal warning, identifying the expectation violated and how it was violated. This notice and rationale will be captured via audio and/or video recording. 

Should a participant continue to violate these expectations or adjudication procedures, the Board Chair will immediately call for a break. During the break, the Board Chair will address the problematic behavior directly. If the participant refuses to comply with the Board Chair’s warning or causes additional problems, the Board Chair may decide to take one or more of the following actions: 

  • Implement other methods to address the problematic behavior, as determined by the Board Chair, that allows the case to continue in a fair manner for all participants.
  • Remove the participant from the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable). If the participant removed is an Advisor for the Complainant or Respondent, a new Advisor may be appointed by the university to serve as their Advisor for the remainder of the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable). The new Advisor is provided at no cost to the party. 
  • End the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) and potentially reconvene at a later date, at the discretion of the Director of OSARP or designee, if the removed participant is the Complainant or Respondent  
  • Participants may receive an alleged policy violation(s) for their behavior if they meet the definition of a JMU student as listed in the Student Handbook. 

The adjudication process must be managed to ensure all participants receive a fair, impartial, and unbiased experience that allows Board Members to gather information necessary to make a decision regarding responsibility for the alleged violations in the case. During the adjudication process, all participants must adhere to the following expectations and the adjudication procedures in the Title IX Sexual Harassment Adjudication Process, outlined within the JMU Student Handbook. 

General Expectations 

Participants in the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) must: 

  • Listen respectfully to the individual speaking without interruption. 
  • Wait to begin speaking until addressed by the Board Chair. 
  • Avoid speaking over other participants. 
  • Use respectful language that is not demeaning, derogatory, or disrespectful. 
  • Avoid raising their voices. 
  • Remain seated in their predetermined locations. 
  • Refrain from making distracting or offensive gestures (e.g., rolling eyes, throwing arms in the air, etc.) or audible reactions (e.g., scoffing, speaking under the breath, etc.). 
  • For questions about the Rules of Decorum or adjudication procedures, a participant should request a break through the Board Chair to consult with the party’s OSARP Guide or the Case Coordinator. 

A witness for either party is a person who provides a report, statement, evidence, or other information to the Title IX Office during their Title IX Formal Complaint Investigation Process and who is called by either party to participate in the Title IX Sexual Harassment Adjudication Process. A witness for either party may provide their information to the Board Members in accordance with any rights and restrictions as listed in the Student Handbook. During a Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, a witness for either 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. A witness for either party may not provide their perspective on what they feel the appropriate decision or sanction in the case should be at any time during the Title IX Sexual Harassment Adjudication Process.  

Cross-Examination of a Witness by the Respondent’s and Complainant’s Advisor 

During the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable), Advisors (of Choice or University-Appointed) for the Complainant and Respondent will conduct cross-examination. This is the time when each party’s Advisor asks any witnesses all relevant questions and follow-up questions, including challenges to credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s Advisor. At no time may a party personally conduct cross-examination of any witnesses.  

Before a witness for either party answers a cross-examination question, the Board Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Board Chair may provide Advisors the opportunity to rephrase a question to comply with adjudication procedures.  

A witness for either party may choose not to answer questions or provide information to be used in the case's adjudication. The Board may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions.   

During cross-examination of a witness for either party, questions are limited based on the following topics: 

  • Sexual predisposition of a party 
  • Current/prior sexual behavior of a party 
    • Unless such questions and evidence about the party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 
  • Legal privilege 
    • Questions may not 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 admit their own privileged conversations. If a party provides information during the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment 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, through their Advisor during cross-examination. 
  • Credibility 
    • Questions based solely on a person’s status as a Complainant, Respondent, or witness may not be used to address credibility. 

Violation of Expectations & Adjudication Procedures 

Determination regarding a participant’s violation of one of these expectations lies with the Board Chair. If a participant violates an expectation of the Rules of Decorum or the adjudication procedures outlined in the Title IX Sexual Harassment Adjudication Process, the Board Chair will issue a verbal warning, identifying the expectation violated and how it was violated. This notice and rationale will be captured via audio and/or video recording. 

Should a participant continue to violate these expectations or adjudication procedures, the Board Chair will immediately call for a break. During the break, the Board Chair will address the problematic behavior directly. If the participant refuses to comply with the Board Chair’s warning or causes additional problems, the Board Chair may decide to take one or more of the following actions: 

  • Implement other methods to address the problematic behavior, as determined by the Board Chair, that allows the case to continue in a fair manner for all participants.
  • Remove the participant from the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable).  
  • End the Title IX Sexual Harassment Case Review or Title IX Sexual Harassment Appeal Review (if applicable) and potentially reconvene at a later date, at the discretion of the Director of OSARP or designee, if the removed participant is the Complainant or Respondent  
  • Participants may receive an alleged policy violation(s) for their behavior if they meet the definition of a JMU student as listed in the Student Handbook. 
Steps in the Title IX Sexual Harassment Adjudication 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. 

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

In cases where a Respondent is found responsible and suspended or expelled for sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, a notation will be placed on the Respondent’s transcript for the duration of the suspension or expulsion. If a Respondent withdraws while under investigation for an allegation of sexual violence, a notation will be placed on the Respondent’s transcript until a final decision in the case is rendered, or the case is dismissed. Such notations will read, as applicable: 

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

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

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

If the Complainant decides to withdraw the Formal Complaint after OSARP has received the investigation materials from the Title IX Office, the Complainant must notify the Title IX Coordinator in writing of their decision to withdraw the Formal Complaint. OSARP should be copied on this written notification for the purposes of planning the adjudication process. The adjudication process will continue until OSARP receives notification of the dismissal from the Title IX Coordinator. 

The investigation materials received from the Title IX Office at the conclusion of the Title IX Formal Complaint Investigation Process will indicate the alleged policy violation(s) to be adjudicated in the case. The Title IX Sexual Harassment Adjudication Process is initiated to adjudicate all alleged policy violations resulting from the Title IX Formal Complaint Investigation when the Respondent is a student as defined in the Student Handbook and the Complainant meets the criteria required by the Title IX Sexual Harassment policy. During the last three weeks of the semester, the decision to proceed or postpone the Title IX Sexual Harassment Adjudication Process will be determined by OSARP. The student’s diploma and/or official transcripts may be withheld pending the conclusion of the Title IX Sexual Harassment Adjudication Process and/or the completion of any outstanding sanctions as determined by the Director of OSARP or designee. If a Respondent receives a sanction of an immediate suspension or expulsion, the immediate suspension or expulsion will be deemed effective for the most recent semester the Respondent attended regardless of the Respondent’s academic year, which may mean a loss of academic credits for that semester. Further, after a final decision in the case has been rendered, the effective date of an immediate suspension or expulsion will be the date of the initial Case Review. The campus ban associated with a decision of immediate suspension or expulsion does not go into effect until the decision in the case is final, unless the Respondent is under 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 Complainant, OSARP will initiate the Title IX Sexual Harassment Adjudication Process. In these cases, OSARP may alter the Title IX Sexual Harassment Adjudication Process and adjudication procedures as necessary to allow for a fair adjudication of the case. In addition, the Title IX Sexual Harassment Adjudication Process may be altered to allow for multiple Complainants and/or Respondents if OSARP receives a consolidated Formal Complaint Report with multiple Complainants and/or Respondents where the allegations of sexual harassment arise out of the same facts or circumstances.

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

Circumstances that may lead to mandatory dismissal of a formal complaint of Title IX Sexual Harassment may be found in Policy 1346. The Title IX office is responsible for informing the Complainant and Respondent of a dismissal of a formal complaint under Policy 1346 as applicable. A mandatory dismissal, as outlined in Policy 1346, does not preclude action under another university policy or procedure. When the mandatory dismissal of a formal complaint occurs, the alleged conduct and complainant are referred to the Office of Student Accountability & Restorative Practices. The Accountability Process will be used if the alleged conduct within the dismissed formal complaint constitutes an alleged violation of university policy, as outlined in the Student Handbook. In certain circumstances, a restorative process may be used with the agreement of the parties and/or university.   

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

OSARP may initiate the Title IX Sexual Harassment Adjudication Process in accordance with the procedures listed in the Student Handbook. The Title IX Sexual Harassment Adjudication Process 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 Title IX Sexual Harassment 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 Title IX Sexual Harassment 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 Title IX Sexual Harassment Adjudication Process will not be altered except when good cause is provided by either party, as determined by the Director of OSARP or designee; or in unexpected and unavoidable 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. Good cause may include but is not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disability(s). If a delay or extension is granted at the request of a party, OSARP will communicate the reason(s) in writing for the extension to both parties. OSARP reserves the right, for cause, to postpone the Title IX Sexual Harassment Adjudication Process and return the investigation materials received from the Title IX Office at the conclusion of the Title IX Formal Complaint Investigation Process to the Title IX Office for further investigation under the Title IX Formal Complaint Investigation Process.

Both parties will simultaneously be notified of the beginning of the Title IX Sexual Harassment Adjudication Process to adjudicate the alleged policy 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 their OSARP Guide. This notice will inform parties that suspension and expulsion are potential outcomes for violations of the Title IX Sexual Harassment policy in circumstances where the Respondent is found responsible; additionally, rights afforded to parties 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 Advisor of Choice and any Witnesses to OSARP within four days of receiving this notification email, according to the restrictions in the process as provided below.  This notice will also include information on the academic, mental health, personal well-being, and campus resources available to students at James Madison University, which can be found at: https://www.jmu.edu/osarp/resources/index.shtml.

Parties may submit their Advisor of Choice to OSARP.

Each party has the right to one Advisor of Choice in the Title IX Sexual Harassment Case Review.  Each party must submit their Advisor of Choice’s name and contact information within four days of the party's notification email being received in order for OSARP to reasonably consider the Advisor of Choice’s schedule when scheduling the Title IX Sexual Harassment Case Review. Parties may submit their Advisor of Choice after this deadline, but OSARP may not be able to consider their schedule when scheduling the Title IX Sexual Harassment Case Review. Additional information regarding the role of an Advisor of Choice in the Title IX Sexual Harassment Adjudication Process can be found in the “Advisor of Choice for Complainant & Respondent” 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 Respondent and Complainant will be informed of the Administrative Witnesses being called in the case. Administrative Witnesses may not also serve as an Advisor of Choice at the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment 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 Title IX Sexual Harassment Case Review via formal submission up to four days after the party’s notification email being received. Each party must submit their witness’ name(s) and contact information within four days of the party's notification email being received in order for OSARP to reasonably consider the Witness’ schedule when scheduling the Title IX Sexual Harassment 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 Title IX Sexual Harassment Case Review. Persons are not considered a witness for either party until they are formally submitted to OSARP as a witness; only persons who directly provided information during the Title IX Formal Complaint Investigation Process conducted by the Title IX Office are eligible to serve as witnesses in the Title IX Sexual Harassment Adjudication Process. 

  • Once the deadline for formal witness submission has passed, the Respondent and Complainant will be informed of the witnesses submitted to the Title IX Sexual Harassment Adjudication Process. 

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

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

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

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

OSARP Guides

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

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

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 Title IX 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 Title IX Formal Complaint Investigation Process, excluding information redacted during the Title IX 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 Title IX Formal Complaint Investigation Process. 

  • Prior to the Title IX Sexual Harassment Case Review and Title IX Sexual Harassment Appeal Review, if applicable, the Respondent, Complainant, their respective Advisor, and Board Members will be provided an electronic version of the Case File. 

OSARP will schedule the Title IX Sexual Harassment Case Review.

  • Typically, OSARP schedules the Title IX Sexual Harassment Case Review to occur within twenty business days of the Respondent’s 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 Title IX Sexual Harassment Case Review around the availability of Board Members, OSARP Staff, Advisors, and Witnesses as outlined in the Handbook. If the Title IX Sexual Harassment Case Review is to occur when the Respondent and/or Complainant are enrolled in classes at JMU, the Title IX Sexual Harassment Case Review will reasonably be scheduled around their academic schedule(s). If the Title IX Sexual Harassment Case Review is to occur when the Respondent and/or Complainant are not enrolled in classes at JMU, it will be reasonably scheduled around their availability. The availability or academic schedules of witnesses called by either party or an Advisor for either party will reasonably be considered in scheduling the Title IX Sexual Harassment Case Review provided they are formally submitted to OSARP by the deadlines provided in the Title IX Sexual Harassment Adjudication Process.

  • OSARP has no mechanism to compel any party or witness of any type to attend and/or participate in the Title IX Sexual Harassment Case Review. If a Respondent or Complainant does not attend, the Title IX Sexual Harassment Case Review will proceed based on the information included in the Case File and information shared at the Title IX Sexual Harassment Case Review by the participants in attendance; the procedures for the case review will be adapted to accommodate their absence. It is the responsibility of the Respondent or Complainant to ensure their witnesses and Advisor attend the Title IX Sexual Harassment Case Review. If any witness or Advisor does not attend, the Title IX Sexual Harassment Case Review will proceed with any necessary adaptations to the procedures. If a Respondent or Complainant chooses not to attend but their Advisor is in attendance, then the party's Advisor will participate as an Advisor in the case review as stated in the process. For instance, the Advisor will still conduct cross-examination but will not answer any questions on behalf of the absent Respondent or Complainant. If any party and their Advisor both choose not to attend, the Title IX Sexual Harassment Case Review will proceed with any necessary adaptations to procedure, including the provision of a university-appointed Advisor. Attendance of a university-appointed Advisor is OSARP’s responsibility.

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

The Title IX Sexual Harassment Adjudication Process involves the objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provides that credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.

The Title IX Sexual Harassment Adjudication Process utilizes a preponderance of evidence standard to determine whether a student is responsible or not responsible for a violation(s).

The definition of 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 Respondent violated the policy.

Respondents and Complainants may request reasonable safety measures, including but not limited to police presence, be put in place during the Title IX Sexual Harassment Case Review, if the parties are physically present in the same geographic location. Such a request will be implemented at the university's discretion.

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

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

If a Respondent, Complainant, Respondent Witness, or Complainant Witness fails to appear at a Title IX Sexual Harassment Case Review after being properly notified of its date and time, the Title IX Sexual Harassment Case Review will proceed; the determination on whether or not the Respondent 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 Title IX Sexual Harassment Case Review. The decision to postpone a Title IX Sexual Harassment Case Review for cause is at the discretion of the Director of OSARP or designee and will be communicated to each party. 

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

For virtual case reviews, OSARP will have a staff member in the Zoom meeting to manage the administrative and technical aspects of Zoom so the Board Members can focus solely on the adjudication of the case. The OSARP staff member will not participate in the adjudication process or be present while the Board Members deliberate. 

The start time of the case review includes the Board Chair meeting with each participant to discuss procedural information and answer questions from the participants. The length of these meetings cannot be predetermined.   

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

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

The Title IX Sexual Harassment Case Review will generally follow the procedures below; however, Board Members may ask additional questions at any time. Any participant, including the Board, may request a break at any point during the Title IX Sexual Harassment Case Review. Adaptations to the process may be made to ensure the fair review of cases including, but not limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants and/or Respondents; if this occurs Complainant(s) and the Respondent(s) will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review. 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 Chair meets with each participant to discuss procedural information and answer questions. 

  2. The Board Members and participants are introduced.

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

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

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

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

  7. 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 Complainant’s Advisor will be allotted time to question each Administrative Witness.

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

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

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

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

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

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

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

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

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

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

    • The Respondent’s Advisor will be allotted time to question the Complainant.

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

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

  16. The Complainant’s Advisor will be allotted time to question the Respondent.

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

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

  18. The Complainant will call their witnesses individually.

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

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

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

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

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

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

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

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

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

  20. The Respondent will call their witnesses individually.

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

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

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

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

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

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

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

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

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

  22. Any Administrative Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Complainant’s Advisor may ask questions, followed by the Respondent’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Administrative Witness. 

    • The Administrative Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review. 

  23. Any Complainant Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Complainant’s Advisor may ask questions, followed by the Respondent’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Complainant Witness. 

    • The Complainant Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review.  

  24. Any Respondent Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Respondent's Advisor may ask questions, followed by the Complainant’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Respondent Witness. 

    • The Respondent Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review. 

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

  26. The Complainant will be allotted time to make a statement that responds to anything shared in the Case File or during the Title IX Sexual Harassment Case Review.

  27. The Respondent will be allotted time to make a statement that responds to anything shared in the Case File or during the Title IX Sexual Harassment Case Review.

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

  29. The Respondent’s Advisor will be allotted time for final questions of the Complainant.

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

  30. The Complainant’s Advisor will be allotted time for final questions of the Respondent.

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

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

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

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

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

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

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

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

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

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

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

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

    • If the Board finds the Respondent responsible for violating policy, they will determine the sanctions and remedies to be rendered for the case. If applicable, OSARP will provide the Board Members with any previous disciplinary history pertaining to the Respondent.

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

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

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

If neither party submits an appeal of the Board’s determination within the timeline set by the procedures listed in the Student Handbook, the Board’s decision in the case is final on the next calendar day following the appeal deadline. OSARP will communicate that final decision simultaneously to both parties, including any information for completing required sanctions. Failure to complete, schedule, attend, or be on time for programs/meetings, failing to complete related assignments, or failing to follow program expectations may result in a $50 fine per program/meeting not completed by the deadline and a student account hold, which prevents class registration and is typically only removed once outstanding sanction(s) are verified as completed by OSARP. Repeated failure may result in an alleged policy violation of Failure to Comply with a Disciplinary Outcome.

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

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

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

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

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

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

  • Procedural irregularity that affected the outcome of the matter.
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
  • The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

If either party submits an appeal, the other party will be notified in writing that the appeal was submitted. The Associate Vice President for Career, Experiential Learning, and Transitions or designee will evaluate the submitted appeal and determine if a Title IX Sexual Harassment Appeal Review will be granted; appeals that do not meet these grounds will be denied. Typically, this evaluation by the Associate 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 Respondent or Complainant 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 Title IX Sexual Harassment Adjudication Process will proceed as outlined in the process based on the determination made regarding the appeal submission.

If an appeal is submitted by the Respondent and/or Complainant and neither party is granted a Title IX Sexual Harassment Appeal Review by the Associate 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, including any information for completing required sanctions. Failure to complete, schedule, attend, or be on time for programs/meetings, failing to complete related assignments, or failing to follow program expectations may result in a $50 fine per program/meeting not completed by the deadline and a student account hold, which prevents class registration and is typically only removed once outstanding sanction(s) are verified as completed by OSARP. Repeated failure may result in an alleged policy violation of Failure to Comply with a Disciplinary Outcome.

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

OSARP reserves the right to redact information from the submitted appeal to be used by the Appeal Board that is prohibited by the Title IX Sexual Harassment Adjudication Process, is not relevant to the arguments granted by the Associate 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 Title IX Sexual Harassment Appeal Review, the other party is notified in writing that the appeal was granted and provided four days to submit a response to the appeal after all challenges to redactions have been resolved or the deadline to challenge redactions has passed.

If a party wishes to have witnesses participate at the Title IX Sexual Harassment Appeal Review, when applicable, they must submit their witnesses within two days of being notified of the granted appeal. 

OSARP reserves the right to redact information from the response submitted that is prohibited by the Title IX Sexual Harassment Adjudication Process, is not relevant to the arguments granted by the Associate 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 Title IX Sexual Harassment Appeal Review is granted by the Associate Vice President for Career, Experiential Learning, and Transitions or designee as stated in the Title IX Sexual Harassment Adjudication Process, OSARP typically schedules the Title IX Sexual Harassment Appeal Review to occur within ten business days of notifying the parties in a case that a Title IX Sexual Harassment Appeal Review has been granted. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline. 

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

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

OSARP may initiate the Title IX Sexual Harassment Adjudication Process in accordance with the procedures listed in the Student Handbook. The Title IX Sexual Harassment 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 Title IX Sexual Harassment 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 Title IX Sexual Harassment 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.

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

The Appeal Board will review the Case File, a recording of the Title IX Sexual Harassment Case Review, the portions of the submitted appeal granted by the Associate 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 Title IX Sexual Harassment Appeal Review.  

The decisions rendered at a Title IX Sexual Harassment Appeal Review are based on a preponderance of the evidence and determined by a majority vote of the Appeal Board Members. During the Title IX Sexual Harassment Appeal Review the Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the granted appeal. The Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Title IX Sexual Harassment Adjudication Process, or bears no relevancy to the granted appeal. 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 Complainant and Respondent are granted a Title IX Sexual Harassment Appeal Review, there will be one Title IX Sexual Harassment Appeal Review to render decisions considering the arguments raised in both appeals. When both parties are granted an appeal on procedural irregularity and/or conflict of interest or bias that affected the outcome, the Appeal Board will review each party’s 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 Title IX Sexual Harassment Appeal Review will follow the procedures listed in “Procedures – Title IX Sexual Harassment Appeal Review: Procedural Irregularity.” Neither the Complainant nor the Respondent may participate or attend a Title IX Sexual Harassment Appeal Review granted on the grounds of procedural irregularity that affected the outcome. 

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

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

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

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

The Title IX Sexual Harassment Appeal Review will generally follow the procedures below based on the reason(s) for appeal. Adaptations to the process may be made to ensure the fair review of cases including, but not limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants and/or Respondents; if this occurs, Complainant(s) and the Respondent(s) will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review.

Procedures – Title IX Sexual Harassment Appeal Review: Procedural Irregularity

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

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

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

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

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

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

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

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

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

  1. For the second granted appeal and response, the Appeal Board will determine whether a procedural irregularity occurred by considering the arguments made in the granted appeal and any response submitted.

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

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

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

    • If the Appeal Board determines that the procedural irregularity 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 that occurred, the Appeal Board will order that a new Title IX Sexual Harassment Case Review be conducted to render a decision for the case.

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

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

  1. For the first, or only, granted appeal and response, the Appeal Board will determine whether a 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 conflict of interest or bias occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.

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

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

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

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

    • If the Appeal Board determines that the 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 Title IX 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 Title IX 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, which will result in a case being re-heard.

  1. For the second granted appeal and response, the Appeal Board will determine whether a 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 conflict of interest or bias occurred, the decision rendered at the Title IX Sexual Harassment Case Review will stand.

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

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

    • If the Appeal Board determines that the 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 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 Title IX 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 Title IX Sexual Harassment Case Review.

Procedures – Title IX Sexual Harassment Appeal Review: New Evidence 

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

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

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

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

For virtual case reviews, OSARP will have a staff member in the Zoom meeting to manage the administrative and technical aspects of Zoom so the Board Members can focus solely on the adjudication of the case. The OSARP staff member will not participate in the adjudication process or be present while the Board Members deliberate. 

The start time of the case review includes the Board Chair meeting with each participant to discuss procedural information and answer questions from the participants. The length of these meetings cannot be predetermined.   

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

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

Adaptations to the process may be made for cases including, but not limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants and/or Respondents; if this occurs Complainant(s) and the Respondent(s) will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review.

If only the Respondent was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 7-10 will be eliminated in the procedures below.  If only the Complainant was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 3-6 will be eliminated in the procedures below.  If both parties were granted a Title IX Sexual Harassment Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using the entirety of the following procedures. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.

  1. The Board Chair meets with each participant to discuss procedural information and answer questions. 

  2. The Board Members and participants are introduced.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  2. Any Complainant Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Complainant’s Advisor may ask questions, followed by the Respondent’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Complainant Witness. 

    • The Complainant Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review.  

  3. Any Respondent Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Respondent's Advisor may ask questions, followed by the Complainant’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Respondent Witness. 

    • The Respondent Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review. 

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

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

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

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

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the Appeal Board will render their decisions of whether or not the Respondent is responsible for violating policy and proceed to step 16.A or 16.B.

    1. If the Appeal Board finds the Respondent not responsible for violating all policies, they will proceed to Step 18.

    2. If the Appeal Board finds the Respondent responsible for violating policy, they will proceed to step 17.

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

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

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

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

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

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

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

For virtual case reviews, OSARP will have a staff member in the Zoom meeting to manage the administrative and technical aspects of Zoom so the Board Members can focus solely on the adjudication of the case. The OSARP staff member will not participate in the adjudication process or be present while the Board Members deliberate. 

The start time of the case review includes the Board Chair meeting with each participant to discuss procedural information and answer questions from the participants. The length of these meetings cannot be predetermined.   

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

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

Adaptations to the process may be made for cases including, but not limited to, if OSARP initiated the Title IX Sexual Harassment Adjudication Process without the authorization of the Complainant or to allow for multiple Complainants and/or Respondents; if this occurs Complainant(s) and the Respondent(s) will be notified of the adaptations prior to the Title IX Sexual Harassment Case Review. 

If only the Respondent was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 11-14 will be eliminated in the procedures below. If only the Complainant was granted a Title IX Sexual Harassment Appeal Review based on new evidence, then Steps 7-10 will be eliminated in the procedures below. If both parties were granted a Title IX Sexual Harassment Appeal Review based on new evidence, then each appeal submission and its response will be reviewed separately using all of Steps 7-14 to review the new evidence submitted. 

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

A Title IX Sexual Harassment Appeal Review granted to either or both parties on both grounds of new evidence and an alleged 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 Title IX Sexual Harassment Appeal Review. The Respondent and the Complainant will be notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process. 

  1. The Board Chair meets with each participant to discuss procedural information and answer questions. 

  2. The Board Members and participants are introduced.

  3. For the first, or only, granted appeal and response, the Appeal Board will determine whether or not a 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 procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 4.

    • If the Appeal Board determines that no procedural irregularity and/or conflict of interest or bias occurred, and the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on an alleged procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 5.

    • If the Appeal Board determines that no procedural irregularity and/or conflict of interest or bias occurred, and the other party in the case was not granted a Title IX Sexual Harassment Appeal Review based on an alleged procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 7.

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

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

      • If the other party in the case was also granted a Title IX Sexual Harassment Appeal Review based on an alleged procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 5.

      • If the other party in the case was not granted a Title IX Sexual Harassment Appeal Review based on an alleged procedural irregularity and/or conflict of interest or bias, then the Appeal Board will proceed to Step 7.

    • If the Appeal Board determines that the 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). For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Title IX 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 Title IX 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 Title IX Sexual Harassment Case Review. The Respondent, Complainant, Respondent Witnesses, Complainant Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Title IX Formal Complaint Investigation Process or the new Title IX Sexual Harassment Case Review. The Respondent and the Complainant will be formally notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.

  1. For the second granted appeal and response, the Appeal Board will determine whether or not a 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 procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 6.

    • If the Appeal Board determines that no procedural irregularity and/or conflict of interest or bias occurred, then the Appeal Board will proceed to Step 7.

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

    • If the Appeal Board determines that the procedural irregularity and/or conflict of interest or bias cannot reasonably be said to have affected the outcome of the case for the second party granted the Title IX Sexual Harassment Appeal Review on the basis of the procedural irregularity and/or conflict of interest or bias that occurred, then the Appeal Board will proceed to Step 7.

    • If the Appeal Board determines that the 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).  For cases that are sent to the Title IX Coordinator’s supervisor or designee, the Title IX 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 Title IX 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 Title IX Sexual Harassment Appeal Review, the Appeal Board will not review any submissions on new evidence since the case will be re-heard. Any new evidence that was granted on appeal and any response(s) to it will be 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 Respondent, Complainant, Respondent Witnesses, Complainant Witnesses, Advisors of choice, and witness Support Persons will leave and wait to be notified about the new Title IX Formal Complaint Investigation Process or the new Title IX Sexual Harassment Case Review. The Respondent and the Complainant will be formally notified of the outcome of the Title IX Sexual Harassment Appeal Review in accordance with the procedures listed in the Title IX Sexual Harassment Adjudication Process.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  2. Any Complainant Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Complainant’s Advisor may ask questions, followed by the Respondent’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Complainant Witness. 

    • The Complainant Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review.  

  3. Any Respondent Witnesses asked by the Board to return later will be brought in individually, if applicable. 

    • The Respondent's Advisor may ask questions, followed by the Complainant’s Advisor, and then Board Members’ opportunity to ask any remaining questions they have of the Respondent Witness. 

    • The Respondent Witnesses will then be dismissed from the Title IX Sexual Harassment Case Review. 

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

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

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

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

    • If the Appeal Board determines that the totality of the evidence, including the new evidence and response(s) presented, is significant enough to alter the decision made at the Title IX Sexual Harassment Case Review, the Appeal Board will render their decisions of whether or not the Respondent is responsible for violating policy and proceed to step 20.A. or 20.B.

    1. If the Appeal Board finds the Respondent responsible for violating policy, they will proceed to step 21.

    2. If the Appeal Board finds the Respondent not responsible for violating all policies, they will proceed to Step 22.

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

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

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Office of Student Accountability and Restorative Practices
Student Success Center
MSC 2901
738 South Mason Street
Room 2122
Harrisonburg, Virginia 22807
Email Us
(540) 568-6218
Fax: (540) 568-2807