In this section:


Definitions

Handbook/Student Handbook 

The abbreviated term used to represent “JMU Student Accountability Processes and Standards of Conduct Handbook” 

JMU 

The abbreviated term used to represent “James Madison University”. 

Organizational Record 

Only applicable for recognized student organizations or student groups. See “Records – Recognized Student Organizations and Student Groups” for more information on an organizational record.  

OSARP 

The abbreviated term used to represent “the Office of Student Accountability and Restorative Practices” at James Madison University. 

OSARP Processes 

OSARP Processes is a term used to encompass all the accountability processes that OSARP facilitates, unless otherwise specified in the Handbook. These processes include the Individual Accountability Process, Individual Interim Suspension Process, Organizational Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process. 

Possession  

Possession is defined as having, maintaining, owning, having control over, or being responsible for something. Examples of possession include, but are not limited to, holding, keeping, or having something in an area under the responsibility of the student or recognized student organization. Areas of responsibility for a student or recognized student organization may include, but not be limited to backpacks, refrigerators, residence hall rooms, personal belongings, private rooms, common spaces, organizational offices and mailboxes, organizational storage spaces and lockers, organizational residences, and/or vehicles. 

Preponderance of the Evidence 

Preponderance of the evidence will be the standard of proof used to make determinations for all alleged policy violation(s) in the Handbook. Preponderance of the evidence means that there is greater than a fifty percent likelihood that the Responding Party/Respondent/Responding Organization violated policy. 

Public 

As defined in Code of Virginia § 4.1-100, "Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.  

"Public place" does not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Authority in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold.  

"Residence" means any building or part of a building or structure where a person resides but does not include any part of a building which is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.  

Recognized Student Organization 

For the purposes of the Student Handbook and the investigation and/or review of alleged violations of university policy, a “recognized student organization” is a student group that completed the annual or new student organization registration process through the Office of Student Life and received official notice of recognition.  

Examples of recognized student organizations include but are not limited to sports clubs, sororities and fraternities, clubs and organizations (associated with University Recreation (UREC), Center for Multicultural Student Services (CMSS), Fraternity and Sorority Life (FSL), and Student Leadership and Involvement). 

Information on the annual or new student organization registration process can be found on the Office of Student Life’s webpage: https://www.jmu.edu/osl/sli/organization-resources/start-an-organization.shtml  

Student 

For the purposes of the Student Handbook, the term “student” includes all persons who enroll or take courses at the university, either full-time, part-time, dual-enrolled, and/or non-degree seeking; this also includes participants in the Bridge to Madison Program or the International Study Center Program. “Student” status will begin at the payment or waiver of the deposit for admission, matriculation into a graduate or doctoral program, or at the payment or waiver of the application fee for admission to classes or programs through Professional and Continuing Education. “Student” status will continue through the verification of the completion of all academic requirements for a declared degree program(s) or the completion of classes or programs through Professional and Continuing Education. Additionally, “student” status will end if a student is permanently separated from the university through expulsion, academic dismissal, or death. 

OSARP may pursue an alleged policy violation(s) for individuals who have completed all academic requirements for a declared degree program(s) or classes or programs through Professional and Continuing Education and then matriculate within one year into another degree program or classes or program through Professional and Continuing Education at JMU. 

Student Disciplinary Record 

Only applicable for individual students, as defined in the Handbook. See “Records – Students” for more information on a student disciplinary record.

Student Group 

For the purposes of the Student Handbook and the investigation and/or review of alleged violations of university Hazing policy, in accordance with Adam’s Law, a “student group” is a group of students that has not received official notice of recognition through the Office of Student Life and JMU is aware of the student group's existence prior to, or after, an alleged hazing incident is reported. 

Examples of student groups include but are not limited to varsity sports teams, performance groups/ensembles, honor societies, Marching Royal Dukes, Dukettes, unrecognized, formerly recognized, or underground organizations, or secret societies. 

University 

Another term for James Madison University.  

University Official  

A university official includes but is not limited to members of the faculty, administrative staff, classified staff, Office of Residence Life staff (including house managers), Office of Student Life staff, CMSS staff, UREC staff, event/program staff, or other professional or student staff of university departments/offices.  


OSARP Mission

We facilitate student development and restoration through a fair process that holds students accountable to community and university standards in order to support student and community success.


OSARP Values

Our office CARES about student, organizational, and community success through: 

Collaboration 

Our office partners with students through intentional and caring interactions while cultivating sustainable relationships with JMU, organizations, and communities. 

Accountability 

Our office facilitates caring environments through fair processes that encourage student and organizational responsibility, reflection, and growth. 

Restoration 

Our office facilitates conversations using Restorative Practices to guide students and organizations as they develop the skills to build community, effectively navigate conflict, and address harm.  

Education 

Our office supports student and organizational development by facilitating learning and reflection through our interactions, processes, and outcomes. 

Support 

Our office provides support to students, organizations, and communities in a variety of ways including answering questions, fostering inclusive spaces, and connecting to appropriate resources. 


OSARP Philosophy

OSARP approaches student conduct from an educational, developmental, and restorative perspective.  We strive to engage students, recognized student organizations, and student groups in a fair and equitable process to foster a safe learning environment for the entire university community. Our primary concerns are the safety of the university community and the development of students, recognized student organizations, and student groups. However, there are times when the safety of the community or an individual student, recognized student organization, or student group must take precedence over their needs or a developmental approach. 

We believe that individual, organizational, and group behaviors do not represent the individual, organization, or group as a whole. We believe that behaviors can have positive and negative impacts on multiple parties and communities. We also believe that while individuals, organizations, and groups must take responsibility for these behaviors, it is possible to change behavior and to learn from mistakes. Through dialogue, we strive to illuminate and explore the nature of any harms that have been caused to create a better understanding of the impact that behavior can have on oneself or the community. We strive to motivate students, recognized student organizations, and student groups to change their behavior to experience more positive impacts and fewer negative impacts. 

In reviewing cases during an OSARP process, a decision must be made regarding the alleged policy violation(s) assigned. Decisions regarding the findings on an alleged policy violation(s) are made only by evaluating the totality of the evidence in the case. To make this decision, the relevant decision-maker(s) use a preponderance of the evidence standard, which is defined in the Definitions section of the Handbook. Since decisions regarding the findings on an alleged policy violation(s) are made only by evaluating the totality of the evidence in the case, the intent, purpose, motivation, or other related factors surrounding their behavior are not considered when making this decision. If this decision does not include a finding of responsible for violating policy(ies), then no other decision is made. However, if this decision does include a finding of responsible for violating policy(ies), then another decision is made. The next decision that is made is to determine the outcome(s) of the case. 

When determining outcome(s), a student, recognized student organization, or student group may receive as a result of their behavior, we consider not only the circumstances of the actual incident, previous case history, and perspectives of the participants involved, but also the overall needs of the student, recognized student organization, or student group. Their need for the benefit provided by a particular outcome is not necessarily dependent on their behavior in a particular instance but on the totality of their experience. Further, the intent, purpose, motivation, impact, and other related factors surrounding their behavior may be considered when determining outcomes. Although we place a high value on the importance of consistency in our process, we also recognize that every situation and every person is different and sometimes reflect that through our outcomes. Our outcomes are designed to be educational in nature and based on current theory, best practices, and relevant assessment. Ultimately, we hope to engage with students, recognized student organizations, and student groups to turn negative incidents into opportunities for positive growth. 

OSARP applies JMU’s Non-Discrimination Statement, which is found at the following link: https://www.jmu.edu/oeo/non-discrimination-statement.shtml 


University Accountability System Structure

JMU has both a right and an obligation to set reasonable standards of conduct for students who voluntarily and willingly choose to become members of the university community. Additionally, JMU has this same right and obligation to set reasonable standards of conduct for students who voluntarily and willingly choose to become members of, affiliate with, or join a recognized student organization or student group. In conjunction with its right to determine reasonable standards, the university has established a system of procedures for use when university policies are allegedly violated. In turn, the university recognizes the need to ensure that students, recognized student organizations, and student groups have the right to fair procedures if they receive an alleged policy violation(s). 

Whereas criminal courts most often seek to punish unlawful behavior, it is generally accepted that conduct proceedings at educational institutions are intended to impress upon individuals, organizations, and groups their responsibilities and are an extension of the educational process. In the most severe cases, educational processes may require suspension, expulsion or notice of trespass from JMU and/or removal from all university housing. The federal courts have called discipline a part of the educational process. The authority and purpose of university conduct systems have been recognized and affirmed by the courts and are authorized by the President of the university. This authority, which JMU exercises in notifying and reviewing of alleged policy violation(s) for students, investigating and reviewing alleged policy violation(s) for student organizations and student groups, and assigning outcomes for violations of its policies, differs in many ways from the power exercised by civil authorities in prosecuting cases of general law. 

In adopting an accountability system that depends on the participation of students, faculty and staff, JMU recognizes that errors in procedures and rulings may occur. Therefore, when appeals of decisions are made on a basis of technical, procedural or interpretive errors, they will be acted upon within the bounds of two principles: 

  • OSARP processes adopted by the university are administrative and not judicial in spirit; considerable latitude must be permitted to avoid excessive legalisms.  

  • Only errors that may reasonably have prejudiced, in a significant way, the interests of a party are to be grounds for reversal; it is not intended that technicalities should avert a decision that is substantially valid. Additionally, the right of appeal will typically be extended to a Responding Party/Respondent and/or Responding Organization and not to a Reporting Party. However, in cases alleging Sexual Misconduct and/or Title IX Sexual Harassment, reviewed through the Sexual Misconduct Accountability Process and/or the Title IX Sexual Harassment Adjudication Process, the Reporting Party/Complainant is also extended the right to appeal. 

The decision to postpone any aspect of an OSARP process for any reason is at the discretion of the Director of OSARP or designee. Anticipated timelines, deadlines, restrictions, procedures, or assigned educational or restorative outcomes listed within an OSARP process will not be altered except 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. Any requests for alterations must be communicated to the Director of OSARP or designee as soon as practicable. 

Any scheduled meetings in OSARP will be postponed, delayed, or rescheduled when they conflict with days during which the university is closed, including but not limited to university holidays, weekends, or closings due to inclement weather. Timelines stated for the submission of documents to be submitted electronically will not be altered for university closures due to inclement weather, university breaks, university holidays, and weekends. When relevant, students, recognized student organizations, or student groups will be informed of the date of any deadlines for submission in their cases by a staff member in OSARP or designee. Further, when stated throughout the Student Handbook, references to the term “day” indicates a calendar day unless otherwise stated. 

In most circumstances, the university will not proceed with an OSARP process when the Responding Party/Respondent is not actively enrolled in classes in the current semester. The decision to proceed or not proceed with a process when the Responding Party/Respondent is not actively enrolled in classes in the current semester is at the discretion of the Director of OSARP or designee and will be based on the severity of the case and the availability of relevant persons to the case, including but not limited to the Responding Party/Respondent, the Reporting Party/Complainant, University Witnesses, and OSARP staff members. If the Responding Party/Respondent is enrolled in classes and relevant persons to the case are available, OSARP will generally proceed with an OSARP process. 

OSARP processes will follow the procedures as outlined in the Student Handbook for the academic year in which the case is being reviewed and will be based on the policies outlined in the Student Handbook for the academic year during which the alleged incident(s) occurred. 

If the university determines, at any point in the Organizational Accountability Process, there is a severely elevated risk to individual or campus safety, OSARP will typically proceed with the OAP, including an investigation, using any information received, which may include information provided by a reporter, regardless of their desire to be anonymous. In these circumstances, the reporter(s) known to the university will not remain anonymous in any report that is received, will be informed of the university’s decision to proceed with the reporter’s information provided, and will be given the opportunity to participate in the investigation and any subsequent proceedings. OSARP will also reach out to non-confidential faculty and staff who a reporter may have provided information to about the incident(s) and request their participation in the investigation of the matter.   

Other university or external investigation or conduct processes may assign outcomes listed in the Handbook for recognized student organizations or student groups. In addition, university officials or external entities that provide oversight for a recognized student organization or student group may require completion of outcomes. These other university or external processes and entities may assign outcomes in conjunction with or separately from an OSARP process. Regardless of whether an OSARP process was pursued or resulted in assigned outcomes, OSARP staff may work with other university officials or external entities to facilitate and/or provide guidance on outcomes they assign through their processes or oversight (i.e., facilitating or providing guidance on Restorative Practices). 

JMU and OSARP are committed to providing programs that are equally inclusive and accessible to all participants. Participants may request accommodations in accordance with JMU Policy 1331. If you are a student who needs accommodation of a disability to support your participation in an OSARP process, submit your accommodation request to ODS via the Accommodate portal available in MyMadison (see also https://www.jmu.edu/ods/getting-started/index.shtml). You may send an email to the Office of Disability Services (ODS) at disability-svcs@jmu.edu asking for an expedited review in light of the timelines associated with the OSARP process. ODS and OSARP may consult to identify potentially reasonable accommodations to support effective participation in the OSARP process. ODS will communicate with OSARP about the identified accommodations and copy you on the written notice of accommodations. All requests must be communicated to OSARP at least three business days prior to a process, so please contact the Office of Disability Services immediately. For others who may need accommodations, contact the appropriate unit as indicated in JMU policy 1331.


Changes and Amendments

The Vice President for Student Affairs has the authority to enact changes to the policies and procedures defined in the Student Handbook at any time. During the annual summer revision process of the Student Handbook, OSARP drafts proposed changes based on the needs and feedback from the community. These proposed changes are distributed to the members of the Student Handbook Review Board, serving as the voice of the community in the review of any proposed changes. OSARP provides the proposed rationale and any feedback from the Student Handbook Review Board to the Vice President for Student Affairs who authorizes any changes to the Student Handbook for the upcoming academic year. The campus community shall be informed of any policy or procedural changes enacted.

The Student Handbook Review Board is convened by OSARP during the annual summer revision process. The Student Handbook Review Board consists of the Student Government Association (SGA) President, the Graduate Student Association (GSA) President, a representative from the membership of the Student Defenders recognized student organization, two faculty or staff members, three students in a leadership position with a recognized student organization, and one student appointed by the SGA President who is not a current member of either SGA, GSA, or the Student Defenders. The Associate Vice President for Student Life, the Director of OSARP, and three Student Case Administrators serve as ex-officio members.

The university reserves the right, at its discretion, to change or amend the Handbook at any time. OSARP reserves the right to make grammatical, typographical, or other non-substantive changes to the Handbook at any time without the approval of the Vice President of Student Affairs or feedback from the Student Handbook Review Board. The campus community will not be notified of grammatical, typographical, or other non-substantive changes. If any substantive changes need to be made to the Handbook during the current academic year, the changes and rationale for those changes will be sent to the Vice President of Student Affairs for review; if the Vice President of Student Affairs approves these substantive changes during the current academic year, they will be enacted by OSARP and the campus community will be notified.


Jurisdiction - Students

Jurisdiction for all cases shall be determined by OSARP and includes the following:    

  • Alleged policy violation(s) occurring on university owned or operated property, off-campus, on Study Abroad programs, on service trips/programs, in online or virtual environments, or at any university sponsored event;   

  • Alleged policy violation(s) that may present a danger or threat to the health or safety of individuals, regardless of location; 

  • Substance violations (alcohol or drug, criminal or civil) or felony violations that occur off-campus in the City of Harrisonburg or Rockingham County, or are adjudicated in in the Harrisonburg/Rockingham General District Court and/or the Rockingham Circuit Court;    

  • A review and appropriate response to any report of alleged behavior received from a police officer or other Reporting Party, regardless of location; and,   

  • Alleged student behavior that is against the mission of the institution, regardless of location.  

Students have a continuing duty to promptly report to OSARP any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the University is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to driving under the influence of alcohol or other drugs are not ‘minor traffic violations’ and must be reported.  Once OSARP receives these reports, they may choose to issue notice of alleged policy violation(s) or require educational meeting(s) and/or outcome(s). 

The university may proceed with notice of alleged policy violation(s) through an OSARP process regardless of enrollment status if the Responding Party/Respondent meets the definition of student as listed in the Student Handbook or have alleged policy violation(s) and/or outcomes remain pending until a Responding Party/Respondent’s request to re-enroll, which will initiate the case to be reviewed at that time.  

OSARP reserves the right to retain information regarding alleged behavior that occurred while a person met the definition of a student, send notice of the alleged policy violation(s) to the student, and review the case should the individual return to the university. In the case of former students who return to the university and again meet the definition of a student, OSARP reserves the right to use previous OSARP cases retained under OSARP’s defined records retention policies as disciplinary history for any new alleged violation(s) that occur during the student’s current period of enrollment. 

OSARP may address behavior that occurs at any point while a person is considered a student, as defined in the Handbook. Once an individual no longer meets the definition of a student as defined in the Handbook, OSARP will not withhold their official academic transcript for the initiation or completion of any OSARP individual process or outcome (see Virginia Code § 23.1-900.2). 

For any student who receives an immediate suspension or expulsion from JMU, regardless of academic year, the immediate suspension or expulsion from JMU will be deemed effective for the current semester or, if it is rendered for a graduating senior, for the most recent semester the student attended, 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 from JMU will be the date of the initial case review. The removal from university owned or operated property associated with a decision of immediate suspension or expulsion does not go into effect until the decision in the case is final, unless the student is under an Individual Interim Suspension Status or Emergency Removal that provides for this removal until the final decision in the case. 

OSARP may initiate a process prior to, concurrently, or after the outcome of a court, university investigation or conduct process, or other external investigation or conduct process. If the OSARP process stems from a current criminal case, civil case, Honor Council case, University Policy 1324 process case, or case being investigated or reviewed by another university or external process, the case may be investigated and/or reviewed concurrently by OSARP. If the case was investigated or reviewed concurrently and the OSARP process concludes prior to the resolution of the criminal process, civil case, Honor Council process, University Policy 1324 process, or other investigation or review by another university or external process, the case(s) in OSARP will not be revisited at the conclusion of the other investigation or review process. Additionally, the Individual Accountability Process can occur concurrently for a student while a recognized student organization or student group, for which that student is a member, proceeds through the Organizational Accountability Process, or other investigation or review by another university or external process. 

Other university or external investigation or conduct processes may assign outcomes listed in the Handbook for students, recognized student organizations, or student groups. In addition, university officials or external entities that provide oversight for a recognized student organization or student group may require completion of outcomes. These other university or external processes and entities may assign outcomes in conjunction with or separately from an OSARP process. Regardless of whether an OSARP process was pursued or resulted in assigned outcomes, OSARP staff may work with other university officials or external entities to facilitate and/or provide guidance on outcomes they assign through their processes or oversight (i.e., facilitating or providing guidance on Restorative Practices). 


Jurisdiction - Recognized Student Organizations and Student Groups

Jurisdiction for all cases shall be determined by OSARP and includes the following: 

  • Alleged policy violation(s) occurring on university owned or operated property, off-campus, on Study Abroad programs, on service trips/programs, in online or virtual environments, at any university sponsored event, or at any event that the recognized student organization or student group registers with, or should have registered with, the university, or otherwise notifies, or should have notified, the university that it is sponsoring/co-sponsoring/hosting; 

  • Alleged policy violation(s) that may present a danger or threat to the health or safety of individuals, regardless of location; 

  • Substance violations (alcohol or drug, criminal or civil) or felony violations that occur off-campus in the City of Harrisonburg or Rockingham County, or are adjudicated in in the Harrisonburg/Rockingham General District Court and/or the Rockingham Circuit Court, and are alleged to be associated with a recognized student organization or student group;  

  • A review and appropriate response to any report of alleged behavior received from a police officer, Reporting Party, or initial anonymous report, regardless of location; and, 

  • Alleged behavior by a recognized student organization or student group that is against the mission of the institution, regardless of location. 

The university may proceed with notice of alleged policy violation(s) through the Organizational Accountability Process if the recognized student organization or student group meet the applicable definition as listed in the Handbook or have alleged policy violation(s) and/or outcomes remain pending, as determined by OSARP.  

OSARP reserves the right to retain information regarding alleged behavior that occurred while a recognized student organization or student group met the applicable definition as listed in the Handbook. In the case of former recognized student organizations or student groups, OSARP reserves the right to use previous OSARP cases retained under OSARP’s defined records retention policies as organizational records for any new reports or new alleged policy violation(s) that occur for the recognized student organization or student group. Any restrictions associated with a decision of immediate suspension or expulsion from JMU and/or removal from all university housing do not go into effect until the decision in the case is final, unless the recognized student organization or student group is under an Organizational Interim Suspension Status that provides for a restriction until the final decision in the case. 

A recognized student organization or student group that is notified of alleged policy violation(s) is permitted to dissolve or surrender recognition; however, OSARP may proceed with the Organizational Accountability Process at the discretion of the Director of OSARP or designee. 

OSARP may initiate a process prior to, concurrently, or after the outcome of a court, university investigation or conduct process, or other external investigation or conduct process. If the OSARP process stems from a current criminal case, civil case, Honor Council case, University Policy 1324 process case, or case being investigated or reviewed by another university or external process, the case may be investigated and/or reviewed concurrently by OSARP. If the case was investigated or reviewed concurrently and the OSARP process concludes prior to the resolution of the criminal process, civil case, Honor Council process, University Policy 1324 process, or other investigation or review by another university or external process, the case(s) in OSARP will not be revisited at the conclusion of the other investigation or review process. Additionally, the Individual Accountability Process can occur concurrently for a student while a recognized student organization or student group, for which that student is a member, proceeds through the Organizational Accountability Process, or other investigation or review by another university or external process. 

Other university or external investigation or conduct processes may assign outcomes listed in the Handbook for students, recognized student organizations, or student groups. In addition, university officials or external entities that provide oversight for a recognized student organization or student group may require completion of outcomes. These other university or external processes and entities may assign outcomes in conjunction with or separately from an OSARP process. Regardless of whether an OSARP process was pursued or resulted in assigned outcomes, OSARP staff may work with other university officials or external entities to facilitate and/or provide guidance on outcomes they assign through their processes or oversight (i.e., facilitating or providing guidance on Restorative Practices).


Records - Students

Case Files

As a part of the Individual Accountability Process, Individual Interim Suspension Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process, OSARP creates case files, as an electronic or physical version, to be used by OSARP staff members or University Case Administrators in the review of the case. For record retention purposes, these case files may include but not be limited to any of the following: student directory information, information regarding the alleged behavior(s) or alleged policy violation(s), incident documentation or other statements and/or evidence and information gathered during follow-up conversations, correspondence between OSARP and the participants in the case, notes and/or audio or video recordings submitted to the case, audio and/or video recording made during Individual Accountability Appeal Reviews, Sexual Misconduct Case Reviews, Sexual Misconduct Appeal Reviews, Title IX Sexual Harassment Case Reviews, and Title IX Sexual Harassment Appeal Reviews, and record of the decisions made in the case including any outcome(s) imposed. 

University Account Holds

In certain circumstances, OSARP may add an account hold to a student’s university account, which prevents the student from registering for classes until the hold is removed by OSARP. Account holds may be placed in situations including, but not limited to:  

  • Pending cases;  

  • Pending re-entry interviews with OSARP (following a suspension from JMU);  

  • Outstanding outcome(s) to be completed.  

When placed by OSARP, an account hold may be designated as not to be removed until a student has a pending case reviewed, completes a re-entry interview with OSARP, or completes outstanding outcome(s). In certain circumstances, and at the discretion of the Director of OSARP or designee, an account hold may be temporarily removed and will be permanently removed once the student has completed necessary action(s) with OSARP. Multiple account holds may be added for students depending on the type of case(s) in OSARP. If a student withdraws after being properly notified of alleged policy violation(s), but prior to a decision being made in the case, OSARP will typically retain the case file and place an account hold, as noted earlier in this section, indicating that the student has a pending case to be reviewed if the student chooses to return to JMU. For holds only placed due to an outstanding outcome(s), the relevant case file(s) will be retained until the completion of the outcome(s). See below for more information. 

Outstanding Outcomes

If a student has an outstanding outcome(s), the relevant case file(s) will be retained indefinitely until the completion of the outcome(s). Once the relevant case file(s) reach a time when OSARP would otherwise destroy the relevant case file(s) due to the date of case review, the relevant case file(s) will no longer be reported as a student disciplinary record, although OSARP will continue to retain these relevant case file(s) indefinitely due to outstanding outcome(s). If at any point these relevant case file(s) are to be kept indefinitely due to other instances noted within the Student Handbook, those procedures will supersede those in this paragraph. For example, if one case file is only being retained indefinitely until the completion of outstanding outcome(s) and the student has another case with OSARP that requires all case files for the student to be kept indefinitely (e.g., suspension, expulsion, or notice of trespass from JMU), then the case file that was only being kept indefinitely due to the outstanding outcome(s) would now be kept indefinitely for other reasons and would be shared as a student disciplinary record. 

Reporting Party Records

OSARP retains information provided by a known Reporting Party, even if it does not lead to a case involving alleged policy violation(s) or a referral to Restorative Practices. OSARP generally destroys this information after eight academic years from when the report is provided to OSARP (e.g., all information regarding this information for the 2023-2024 academic year will be destroyed at the conclusion of the 2031-2032 academic year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any information that has been destroyed.    

Student Disciplinary Records

NOTE: For information regarding the organizational records for recognized student organizations and student groups, see the “Records – Recognized Student Organizations and Student Groups” section. 

After August 2012, and aside from the exceptions noted in this section, after being found responsible for any policy violation(s) through the Individual Accountability Process, Individual Interim Suspension Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process, students are considered to have a student disciplinary record and their case file(s) is retained in accordance with the procedures outlined in this section. Students who were found not responsible for policy violation(s), had policy violation(s) Held in Abeyance, had alleged policy violation(s) Dropped, and/or had alleged policy violation(s) Dropped-Amnesty are not considered to have a student disciplinary record for these circumstances; however, OSARP does retain the case file in accordance with the procedures outlined in this section. 

Beginning in the 2024-2025 academic year, probation is no longer a possible outcome for students who are found responsible for policy violation(s) in the Individual Accountability Process, Individual Interim Suspension Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process. For cases where probation was assigned as an outcome prior to 2024-2025 academic year, probation was defined as follows: the university reserves the right to impose a more severe sanction if the student is found responsible for violating an additional university policy while on disciplinary probation. For students who were assigned probation as an outcome from an OSARP process prior to the 2024-2025 academic year, that outcome will remain a part of the student’s disciplinary record and will be reported in a student disciplinary record check as noted in this section. OSARP will not retroactively remove any previously assigned probation outcomes. 

In addition to maintaining records regarding cases that are reviewed or pending in OSARP, the pending cases and informal or formal outcomes for individual students found responsible and sanctioned by the Honor Council and the outcomes for cases for individual students found responsible from the University Policy 1324 process are also maintained by OSARP for the purpose of student disciplinary record checks. These pending cases and outcome records will be retained in accordance with the procedures outlined in this section (e.g., if an individual student was suspended from JMU by Honor Council, OSARP would maintain that outcome record indefinitely). If an entity doing a student disciplinary record check for an Honor Council or University Policy 1324 case requires more information than what OSARP maintains in the outcome record, then the entity will be referred to the Honor Council or the Office of Equal Opportunity.  

In some circumstances, individual students may need to disclose their student disciplinary record or policy violation(s) (e.g., on applications to other universities, job applications, background checks, or some positions and programs at JMU); students who are unsure of what their response should be or who need verification of their student disciplinary record should contact OSARP.  

Students must provide permission for OSARP to release retained records on pending cases in OSARP or Honor Council and outcomes of OSARP, Honor Council, and University Policy 1324 cases; OSARP will provide the information requested by the entity upon receiving permission from the student so it is important that the student review both the questions asked by the entity and any release statements they agree to when they provide permission for a release of their records. If the release statement provides permission to release a student’s disciplinary record, pending cases for OSARP and Honor Council cases will be included. If a student has given a release to OSARP and the disciplinary record request asks if the student is in good standing with the university, OSARP will answer "no" only in circumstances where a student is currently suspended from JMU, has been expelled from JMU, was issued a notice of trespass from JMU, has an academic transcript notation as outlined in the “Records – Students” section, or has a pending case whose notification stated there was a possibility of suspension, expulsion, or notice of trespass from JMU and/or removal from all university housing as an outcome for the case. In addition, a student disciplinary record and corresponding case files may be subject to disclosure through court orders or subpoenas. 

Students may provide authorization for another entity (e.g., an office or department at JMU) to access their student disciplinary records, or educational records maintained by OSARP, for a specified time. For employment opportunities, this specified time could be the duration of the student’s employment. For involvement opportunities, this specified time could be the duration of the student’s membership with the recognized student organization or student group. In certain circumstances, student’s may be asked to release their student disciplinary records maintained by OSARP, educational records maintained by OSARP, or both, to inter/national governing bodies or national headquarters for Greek letter organizations related to the Organizational Accountability Process in OSARP.  

For students who are involved in the Organizational Accountability Process as a member of a recognized student organization or student group: 

  • OSARP will only disclose a student’s disciplinary record that result from the Individual Accountability Process, Individual Interim Suspension Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process; organizational records for recognized student organizations or student groups are not reported as a student disciplinary record. 

  • Pending cases in the Organizational Accountability Process for a recognized student organization or student group are not reported as a student disciplinary record. 

  • If a recognized student organization or student group has an organizational record as a result of the Organizational Accountability Process, the finding(s) and any assigned outcome(s) are not reported as a student disciplinary record. 

  • If a recognized student organization or student group is found responsible for a policy violation(s) during the Organizational Accountability Process, and one of the outcomes was suspension expulsion from JMU and/or removal from all university housing, it is not reported as a student disciplinary record. 

Family Educational Rights and Privacy Act (FERPA)

OSARP may disclose information contained in a student’s disciplinary record to all eligible persons as outlined in the exceptions listed in the Family Educational Rights and Privacy Act (FERPA). This disclosure for a student would not include organizational records for a recognized student organization or student group, even if the student was/is a member of a recognized student organization or student group with an organizational record. 

The student’s disciplinary records and corresponding case files may be subject to disclosure through court orders or subpoenas. 

Destruction/Retention of Student Disciplinary Records

Aside from the exceptions noted, OSARP generally destroys case files for students, including records of policy violation(s), and/or findings in a case (i.e., the “student disciplinary record”), after eight academic years from when the review of the case occurs (e.g., all information regarding cases occurring during the 2024-2025 academic year will be destroyed at the conclusion of the 2031-2032 academic year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any student disciplinary record or case files that have been destroyed. However, the case files for cases that resulted in suspension, expulsion, or a notice of trespass from JMU and/or removal from all university housing are retained indefinitely along with any case files pertaining to the student’s disciplinary record (i.e., OSARP, University Policy 1324, or Honor Council cases) prior to the suspension, expulsion, or notice of trespass from JMU and/or removal from all university housing, and can be accessed if a student disciplinary record is requested and/or approved by the student. For cases that involve an expulsion or notice of trespass from JMU, the Responding Party may contact OSARP after a period of three years to request removal of notice of trespass for good cause shown. If a notice of trespass is removed by OSARP, the case file that resulted in the notice of trespass, along with other case files kept as a result of the notice of trespass, will be destroyed in accordance with OSARP’s record retention guidelines. However, cases that resulted in expulsion from JMU, but had the notice of trespass removed by OSARP will be permanently retained in accordance with expulsion record retention procedures. 

Case files for cases that are pending are retained indefinitely along with any case files pertaining to the student’s disciplinary history prior to the pending case. Further, if a student has a case that is indefinitely retained, the case files for any other case that student has in OSARP will also be retained indefinitely, regardless of the outcome of those cases or the academic year in which they were reviewed and can be accessed if a student disciplinary record is requested and/or approved by the student. If a student with a pending case returns to JMU, OSARP will review the case prior to, or upon, the student’s return and retain the case files for the student’s cases for eight academic years from when the review of the case occurs or according to OSARPs’ guidelines for indefinite retention as applicable. A student may also choose to request that a pending case be reviewed without the student returning to JMU; in this circumstance, OSARP will review the case and retain the case files for the student’s cases for eight academic years from when the review of the case occurs or according to OSARPs’ guidelines for indefinite retention as applicable. 

Case files in OSARP are considered educational records under the Family Educational Rights and Privacy Act (FERPA) and are handled in accordance with any restrictions or rights students are granted regarding their disclosure or review. For the purposes of access to the educational record, the current or former student themselves must schedule a date and time with OSARP to view the documentation within the office during normal office hours. OSARP does not provide a process for a student to request the expungement of their student disciplinary record. 

Case information retained for referrals to a voluntary Restorative Practices process are considered an educational record, but not a student disciplinary record. As such, OSARP will not report these types of cases when conducting a record check and students are not required to disclose these types of cases if asked about their student disciplinary record. However, since Restorative Practices cases are considered a part of a student’s educational record, OSARP will maintain the case information for a period of eight academic years from the date the case was referred to the Restorative Practices unit in OSARP.  

Academic Transcript Notations

Except for certain circumstances in cases alleging Sexual Misconduct or Title IX Sexual Harassment, OSARP does not make notations on a student’s academic transcript of suspensions from JMU, expulsions from JMU, decisions, outcomes, or cases. Academic transcripts will reflect withdrawal from the university in accordance with the dates, deadlines, and procedures set by the Office of the Registrar for cases resulting in suspension or expulsion from JMU. 

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

  • Expelled for violation of Student Standards of Conduct 

  • Suspended for violation of Student Standards of Conduct 

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

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


Records - Recognized Student Organizations and Student Groups

Case Files

As a part of the Organizational Accountability Process, OSARP creates case files, as an electronic or physical version, to be used in the investigation and review of the case. For record retention purposes, these case files may include but not be limited to any of the following: student directory information, information regarding the alleged behavior(s) or alleged policy violation(s), incident documentation or other statements and/or evidence and information gathered during follow-up conversations, investigation materials (recordings, notes, reports, and other information gathered before, during, and after an investigation process), correspondence between OSARP and the participants in the case, notes and/or audio or video recordings submitted to the case, audio and/or video recordings made during an Organizational Accountability Appeal Review, and record of the decisions made in the case including any assigned outcome(s). 

Outstanding Outcomes

If a recognized student organization or student group has an outstanding outcome(s), the relevant case file(s) will be retained indefinitely until the completion of the outcome(s). Once the relevant case file(s) reach a time when OSARP would otherwise destroy the relevant case file(s) due to the date that a final decision was rendered in the case, the relevant case file(s) will no longer be reported as an organizational record, although OSARP will continue to retain these relevant case file(s) indefinitely due to outstanding outcome(s).  

OSARP may communicate with the Office of Student Life, CMSS, UREC, or another applicable JMU department to prevent a recognized student organization or student group from accessing certain resources, such as the BeInvolved website, until outstanding outcome(s) have been completed. This may include but not be limited to a recognized student organization not having their annual registration approved by the Office of Student Life, or a student group not having their new student organization application approved by the Office of Student Life, until completion of outstanding outcome(s). 

If at any point these relevant case file(s) are to be kept indefinitely due to other instances noted within the Handbook, those procedures will supersede those in this paragraph. For example, if one case file is only being retained indefinitely until the completion of outstanding outcome(s) and the recognized student organization or student group has another case with OSARP that requires all case files for the recognized student organization or student group to be kept indefinitely (e.g., suspension or expulsion from JMU), then the case file that was only being kept indefinitely due to the outstanding outcome(s) would now be kept indefinitely for other reasons and would be shared as an organizational record. 

Reporting Party Records

OSARP retains information provided by a known Reporting Party, even if it does not lead to a case involving alleged policy violation(s) or a referral to Restorative Practices. In addition, known or anonymous Reporting Party records of alleged behavior for a recognized student organization or student group that do not result in initiation of the Organizational Accountability Process, or result in an initiation of the Organizational Accountability Process but the alleged policy violation(s) are dropped after the investigation process, are retained by OSARP. OSARP generally destroys this information after ten academic years from when the report is provided to OSARP (e.g., all information regarding this information for the 2024-2025 academic year will be destroyed at the conclusion of the 2033-2034 academic year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any information that has been destroyed.    

Organizational Records

NOTE: For information regarding a student’s disciplinary records, see the “Records – Students” section. 

Aside from the exceptions noted in this section: 

  • After a finding of “Responsible” or “Voluntarily Completed Restorative Practices” for any policy violation(s) through the Organizational Accountability Process, recognized student organizations and student groups are considered to have an organizational record and their case file(s) is retained in accordance with the procedures outlined in this section.  

  • After a finding of “Not Responsible” for policy violation(s) or “Dropped” for alleged policy violation(s) in the Organizational Accountability Process, recognized student organizations and student groups are not considered to have an organizational record, however, OSARP does retain the case file in accordance with the procedures outlined in this section. 

  • When a recognized student organization or student group receives Notification of Alleged Policy Violation(s) through the Organizational Accountability Process, the alleged policy violation(s) are pending, and the recognized student organization or student group are considered to have an organizational record until finding(s) on alleged policy violation(s) are made in the case.   

  • When OSARP is made aware, the finding(s) and/or outcome(s) of other university or external investigation or conduct processes for recognized student organizations or student groups will be an organizational record if the finding(s) meet the criteria in this section (see above). These other university or external processes and entities may determine finding(s) and/or outcome(s) in conjunction with or separately from an OSARP process.  

Organizational records are recorded on the "Organizational Records" portion of OSARP’s website, which displays all organizational records maintained by OSARP. Organizational records remain on the website permanently, or until they are required by process to be destroyed. For more information, see “Destruction/Retention of Organizational Records” in this Handbook. Pending alleged policy violation(s) will remain on these websites until a final decision is rendered in the case. When applicable, an organizational record may also be recorded on the organization’s own webpage, maintained by the appropriate university office (e.g., Student Life, CMSS, or UREC).  

Organizational records, if applicable, of a recognized student organization or student group are publicly available on OSARP’s website, including but not limited to: 

  • The name of the recognized student organization or student group 

  • Finding(s) and assigned outcome(s) (if applicable) or alleged policy violation(s) if they are pending 

  • Date(s) in which the policy violation(s) occurred, or the alleged policy violation(s) are alleged to have occurred 

  • Date(s) in which the Organizational Accountability Process was initiated and concluded (if applicable) 

  • Comprehensive description of the incident(s) (not provided for pending alleged policy violation(s)) 

These publicly available records will not include personally identifiable information for an individual student or their student disciplinary record as these educational record(s) for individual students are protected by the Family Educational Rights and Privacy Act (FERPA). OSARP will only disclose individual student educational record(s) to those individuals at JMU with a legitimate educational interest, as outlined in FERPA. Exceptions include but are not limited to: 

  • If a student would like to share their educational record(s) associated with an Organizational Accountability Process or organizational record with an entity not covered by the above, they must first complete an educational records release with the appropriate entity. See “Records - Students” for more information. 

  • For OSARP to communicate information with an entity external to JMU (e.g., inter/national governing bodies or national headquarters) regarding an Organizational Accountability Process or organizational record that contains educational records(s) for individual student(s), the individual student(s) must first complete an educational records release with the appropriate office/entity. See “Records - Students” for more information. 

In some circumstances, a recognized student organization or student group may need to disclose their organizational record or policy violation(s) (e.g., during the new student organization or annual registration process through the Office of Student Life; contingency funds application through JMU’s Student Government Association). Recognized student organizations or student groups who are unsure of what their response should be or who need verification of their organizational record should contact OSARP. 

A recognized student organization or student group is considered “not in good disciplinary standing” with the university when the recognized student organization or student group is currently suspended from JMU, has been expelled from JMU, or has a pending case whose notification stated there was a possibility of suspension or expulsion from JMU and/or removal from all university housing as an outcome for the case.  

Organizational records and corresponding case files may be subject to disclosure through court orders or subpoenas. 

For students who are involved in the Organizational Accountability Process as a member of a recognized student organization or student group: 

  • OSARP will only disclose a student’s disciplinary record that result from the Individual Accountability Process, Individual Interim Suspension Process, Sexual Misconduct Accountability Process, or Title IX Sexual Harassment Adjudication Process; organizational records for recognized student organizations or student groups are not reported as a student disciplinary record. 

  • Pending cases in the Organizational Accountability Process for a recognized student organization or student group are not reported as a student disciplinary record. 

  • If a recognized student organization or student group has an organizational record as a result of the Organizational Accountability Process, the finding(s) and any assigned outcome(s) are not reported as a student disciplinary record. 

  • If a recognized student organization or student group is found responsible for a policy violation(s) during the Organizational Accountability Process, and one of the outcomes was suspension expulsion from JMU and/or removal from all university housing, it is not reported as a student disciplinary record. 

Destruction/Retention of Organizational Records

Aside from the exceptions noted, OSARP generally destroys case files for recognized student organizations and student groups, including records of policy violation(s), and/or findings in a case (i.e., the “organizational record”), after ten academic years from when a final decision is rendered in the case (e.g., all information regarding cases occurring during the 2024-2025 academic year will be destroyed at the conclusion of the 2033-2034 academic year). June 30 marks the conclusion of an academic year in OSARP. Upon destruction, OSARP will not be able to confirm, deny, or reference any organizational record or case files that have been destroyed. However, the case files for cases that resulted in suspension or expulsion from JMU and/or removal from all university housing are retained indefinitely along with any case files pertaining to the recognized student organization or student group’s organizational record prior to the suspension or expulsion from JMU and/or removal from all university housing and can be accessed if an organizational record is requested. 

Case files for cases that are pending are retained indefinitely along with any case files pertaining to the recognized student organization or student group’s organizational record prior to the pending case. Further, if a recognized student organization or student group has a case that is indefinitely retained, the case files for any other case that recognized student organization or student group has in OSARP will also be retained indefinitely, regardless of the outcome of those cases or the academic year in which a final decision was rendered in the case and can be accessed if an organizational record is requested.  

Case files in OSARP are considered educational records under the Family Educational Rights and Privacy Act (FERPA) and are handled in accordance with any restrictions or rights students are granted regarding their disclosure or review. For the purposes of access to the educational record, the current or former student themselves must schedule a date and time with OSARP to view the documentation within the office during normal office hours. OSARP does not provide a process for a student to request the expungement of their individual student disciplinary record or any organizational record in which their information exists. 

Case information retained for referrals to a Restorative Practices process, not associated with the Organizational Accountability Process, for recognized student organizations or student groups are not considered an organizational record. As such, OSARP will not report these types of cases when disclosing an organizational record. However, since Restorative Practices cases are considered a part of an individual student’s educational record, OSARP will maintain the case information for a period of eight academic years from the date the case was referred to Restorative Practices in OSARP. 

Reporting Hazing that Causes Bodily Injury

Pursuant to Virginia Code §18.2-56, OSARP will, upon receipt of an alleged Hazing policy violation(s) that may have caused bodily injury, share information regarding the alleged behavior with JMU police and/or local law enforcement for the purposes of reporting it to the Commonwealth of Virginia attorney for Rockingham County, who shall take such action as they deem appropriate. 


Reporting Crimes of Violence

OSARP will disclose to known Reporting Parties/Complainants the findings regarding responsibility and associated outcomes, if applicable, for a policy violation(s) that meet the definition of “crimes of violence” under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations. Crime of violence means (A) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Crimes of violence include arson, assault offenses (aggravated assault, simple assault, intimidation), burglary, criminal homicide (manslaughter, murder), destruction/damage/vandalism of property, kidnapping/abduction, robbery, and forcible sex offenses.  

Typically, crimes of violence would be addressed by OSARP as an alleged policy violation, including but not limited to Damage, Attempted Damage, or Vandalism of Property; Hazing; Physical Force or Attempted Physical Force; Sexual Misconduct; or Title IX Sexual Harassment. Known Reporting Parties/Complainants will be notified of outcomes relating to Damage, Attempted Damage, or Vandalism of Property only if the behavior was deemed to be willful and malicious. 


General Process Statements

General Process Statements for the Individual Accountability Process, Individual Interim Suspension Process, Organizational Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process 

  1. OSARP will structure and execute the Individual Accountability Process, Individual Interim Suspension Process, Organizational Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process in a manner that presumes the Responding Party/Respondent/Responding Organization not responsible for violating policy, provides fairness to the parties involved, and facilitates a determination based on a preponderance of the evidence standard concerning the allegations presented. 

  2. OSARP will make public the range of possible outcomes for violations of university policies, as well as clearly formulate and communicate the adequate cause for separation from the university. 

  3. OSARP can address behavior in accordance with the stipulations addressed in the “Jurisdiction - Students” and “Jurisdiction – Recognized Student Organizations and Student Groups” sections of the Handbook. 

  4. OSARP will not represent reporting faculty, staff or students, but will provide a process for fact-finding and fair decision-making. 

  5. In evaluating evidence and information presented in the Individual Accountability Process, Individual Interim Suspension Process, Organizational Accountability Process, Sexual Misconduct Accountability Process, and Title IX Sexual Harassment Adjudication Process, the technical rules of evidence applicable in civil and criminal cases shall not apply. 

University Rights and Responsibilities 

  1. The university has the right and obligation to provide an open forum to present and debate public issues. 

  2. The university has the right to prohibit individuals and groups who are not members of the university community from using its name, finances, and physical operating facilities for commercial or political activities. 

  3. The university has the right to prohibit students, recognized student organizations, or student groups from using its name, finances, and physical operating facilities for commercial activities or political activities. 

  4. The university has the right and obligation to provide students, recognized student organizations, or student groups with the use of meeting rooms under the rules of the campus, including the use of space for political purposes such as political clubs; to prohibit the use of its rooms by individual members or groups of members on a regular or a prolonged basis as free headquarters for political campaigns; and to prohibit the use of its name, finances and office equipment and supplies for any political purpose at any time. 

  5. The university has neither the right nor the obligation to take a position in party politics and public issues, except on those issues that directly affect its autonomy, academic functions, financial support and the freedom of its members. 

  6. The university has a right to require students to identify themselves by name and address. Additionally, visitors to the campus may be required to state what connection, if any, they have with the university. 

  7. The university has the right to set reasonable standards of conduct in order to safeguard the educational process and provide for the protection of university property and the safety of students and the community. 

Students’ Rights 

Students’ rights as described here are not definitive; rather, they are indicative of the direction of a growing and changing educational environment. Students enjoy the same basic rights and are bound by the same responsibilities to respect the rights of others, as are all citizens. 

  1. The student, as a citizen, has the rights of freedom of speech, freedom of the press, freedom of peaceful assembly and association, freedom of political beliefs and freedom from personal force and violence, threats of violence and personal abuse. In keeping with the right to freedom of speech, James Madison University has adopted Policy 1121 that fully describes this right and how to file complaints if the student feels freedom of speech rights have been violated. 

  2. The student, as a citizen, has a right to be considered equally for admission to, employment by and promotion within the campus in accordance with the provisions against discrimination in the general law. 

  3. James Madison University is not a sanctuary from the general law; furthermore, the campus is a community of growth and fulfillment for all rather than a setting described in the concept of in loco parentis

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