A complainant initiates the formal complaint process by filing a formal complaint with the Title IX Office. The formal complaint must be in writing and include the complainant's physical or digital signature. Formal complaints may be filed 24-hours a day, 7 days a week by completing, signing, and emailing the JMU Title IX Office formal complaint form to titleix@jmu.edu.

A complainant is not required to use the formal complaint form to file a formal complaint and may instead choose an alternative written format such as a letter or email, but the letter or email must include all information in the items on the formal complaint form and must include the physical or digital signature of the complainant.

Title IX Office location and mailing address.

The decision to initiate a formal complaint will generally rest with the complainant. Guidelines for who can initiate a formal complaint process may vary by policy. Individuals who wish to initiate a formal complaint are encouraged to review the policy applicable to their complaint prior to filing.

Third parties may not initiate a formal complaint process for a complainant. Third parties may and are encouraged to report alleged incidents of Policy 1340: Sexual Misconduct or Policy 1346: Title IX Sexual Harassment to the Title IX Office using our online reporting form. 

If the university determines there is an elevated risk to individual or campus safety, the Title IX Coordinator may elect to override the preference of a complainant and move forward with initiating a formal complaint and to conduct an investigation. The Title IX Coordinator will not serve as the complainant in such cases. The complainant, if known, will be informed of the decision and provided the opportunity to participate in the process.

The filing of a formal complaint is meant to be an accessible process without barriers. The Title IX Office invites complainants who may not be able, for any reason, to file a formal complaint in the format recommended in these procedures to contact the Title IX Office for assistance. Such assistance is not to be in any way construed as pressure to file a formal complaint or a presumption on the part of the Title IX Office that a violation of policy has occurred.

Video overview of the formal complaint filing process.

Upon receipt of a written formal complaint, the Title IX Office will contact the complainant to:

• confirm receipt of the formal complaint and verify that the complainant signed and submitted the formal complaint for themself;
• confirm the complainant's choice of procedures (either an investigation and hearing process or, if available, an alternative resolution process);
• provide the opportunity to review, as applicable, the procedures that will be used to investigate the formal complaint, including the right to bring an advisor of choice to any formal complaint meeting and proceedings; and
• discuss reasonably available supportive measures and resources. The notice of allegation generally will not be sent until the complainant has responded to confirm requested information.

After issuing the notice of allegations, the Title IX Office will notify the university authority responsible for administering adjudication of the formal complaint, and where applicable, the Title IX Officer assigned to the respondent’s department or unit.

For formal complaints with an employee respondent, the Title IX Office will notify the appropriate Title IX Officer for adjudication and the respondent’s supervisor and vice president. The Title IX Office will provide the respondent’s supervisor with information regarding the allegations and parties to the complaint, as necessary, to determine whether administrative leave or other interim measures are appropriate.

For formal complaints with an affiliate respondent, the Title IX Office will notify the appropriate Title IX Officer for adjudication, the head of the university department sponsoring the affiliate, and the director of the affiliate’s organization or designee.

In cases where the complainant is the respondent’s supervisor or another administrator in the respondent’s reporting line, notifications will be made up the reporting line as appropriate.

The complainant may withdraw a formal complaint at any time during the investigation and hearing process or alternative resolution process, prior to the determination of an outcome or signing of a formal written agreement, by notifying the Title IX Coordinator in writing. Such notification may result in discretionary dismissal under the applicable policy.

The circumstances that may lead to dismissal of a formal complaint filed with the Title IX Office are set out in applicable policy.

Appeal procedures:

1. In cases where a formal complaint or any allegations therein are dismissed, the complainant, and if applicable, any party who has received notice of the allegations, will be notified of their right to appeal the dismissal on the following bases:
   
   • 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; and
   • 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.

2. A party may appeal a dismissal in writing to the Title IX Coordinator within five business days of receipt of notice of dismissal.
3. Upon receipt of an appeal, the Title IX Coordinator will notify all parties to the complaint (as applicable) in writing that an appeal has been filed and provide them with the opportunity to submit a written statement in support of, or challenging, the appeal.
4. Upon receipt of an appeal, the Title IX Coordinator will transfer all relevant materials to the appeal decision-maker, who will be the associate vice president for diversity, equity, and inclusion, or designee trained in Title IX procedures.
5. Within five business days of receiving the appeal materials, the associate vice president will issue a written decision describing the result of the appeal and the rationale for the result to the Title IX Coordinator and the complaint parties simultaneously.

Refer to the Formal Complaint Investigation Process to learn about the formal complaint process.