If you are looking for a James Madison University Title IX lawyer after receiving notice of a sexual harassment or sexual misconduct allegation, read the actual notice and identify the procedure it cites. This page gives general educational information, not legal advice, and is not a substitute for contacting JMU directly about your specific case. It is not affiliated with or endorsed by James Madison University.
Which policy applies to your case
JMU maintains two relevant policies. Policy 1346, Title IX Sexual Harassment, covers conduct that falls within the federal Title IX definition and scope. Policy 1340, Sexual Misconduct, covers sexual misconduct allegations that fall outside that Title IX scope. Both policies are listed on the university’s policy index as revised September 14, 2026.
JMU’s Title IX policy and procedures hub points to the current version of these materials. Separately, the student handbook contains two adjudication pages: the Title IX Sexual Harassment Adjudication Process, dated August 20, 2026, and the Sexual Misconduct Accountability Process, dated September 8, 2026. Both of these handbook pages predate the September 14, 2026 policy revisions.
That date difference does not by itself mean the handbook process has been replaced or that there is a conflict. If your allegation could implicate both Policy 1346 and Policy 1340, JMU may consolidate the matter under the Title IX procedure or handle the allegations separately. This page does not select a route for you. The version that applies to you can depend on the date of the incident and the date of your notice, so check the policy named in your notice. Ask the Title IX Office, in writing, which policy version and adjudication process apply to your conduct date and written charge before relying on a procedure or deadline.
Report versus formal complaint
Receiving a report does not automatically mean a formal complaint has been filed or that an investigation has started. The distinction between a report and a formal complaint affects what procedural stage you are in and what rights and deadlines currently apply to you. Do not assume the two are the same. Confirm directly with the Title IX Office where your matter currently stands.
Early steps to take
If you have received any notice from JMU, take these steps promptly:
- Preserve the notice itself and any record of when and how you received it.
- Identify the exact charge language and the specific incident date or dates named in the notice.
- Ask JMU, in writing, which policy version (1346 or 1340) and which adjudication process applies to your case.
- Preserve relevant documents, messages, emails, and any other communications related to the allegation. Do not delete or alter anything.
- Consider identifying an advisor early, since advisor rules differ between the two processes described below.
- Confirm all case-specific dates and deadlines directly with JMU. This page cannot tell you your personal deadlines.
Do not ignore or delay responding to any notice you receive. Deadlines under these procedures run from specific triggering events, and missing them can limit your options.
Investigation and evidence review
Once a formal investigation begins, the formal complaint investigation procedures apply, regardless of whether the matter proceeds under Policy 1346 or Policy 1340.
During the investigation, parties and their advisors have 10 calendar days to inspect and respond to the evidence the investigator has gathered. Later, after the investigator prepares an investigative report, parties have a separate five calendar days to review it and submit a final response. These are different windows tied to different stages. The office may extend or reopen stages under its published procedures with notice. Confirm the actual dates with JMU rather than calculating them from this general description.
Advisor role and the hearing stage
If your case proceeds under the student Policy 1346 route, OSARP refers to the hearing stage as a Title IX Sexual Harassment Case Review. In that process, a party does not personally question the other party or witnesses. Instead, an advisor, either one of the student’s choosing or a university-appointed advisor, conducts cross-examination by directing questions through the decisionmaker. OSARP applies a preponderance of the evidence standard in this process.
The Policy 1340 Sexual Misconduct Accountability Process uses a different format for questioning and support. Do not assume the Policy 1346 advisor and cross-examination rules apply if your matter is proceeding under Policy 1340, or vice versa. Confirm which process governs your case before assuming how the hearing stage will work.
Supportive measures
Supportive measures may be available to a student respondent while a matter is pending. Ask the Title IX Office what measures may be available in your situation and how to request them.
Appeals: two separate windows, two separate triggers
There are at least two distinct appeal pathways described in JMU’s materials, and they are not interchangeable.
First, under the student Title IX adjudication process, either party may submit a written appeal of a Case Review decision within five business days of receiving that decision. The same handbook page also describes this window as running from when OSARP sends notification of the Case Review outcome, so use the deadline stated in your outcome notice and confirm it with OSARP or the Title IX Office. If an appeal is filed, the other party then has five business days after notice of the appeal to submit a response. Recognized grounds include an outcome-affecting procedural irregularity, qualifying new evidence, and an outcome-affecting conflict of interest or bias. This appeal path belongs to OSARP’s student adjudication process and its trigger is notice of the Case Review decision.
Second, and separately, JMU’s how-to-file-a-complaint page states that a party may appeal a dismissal of a complaint in writing to the Title IX Coordinator within five business days of receiving the dismissal notice. Policy 1346 section 6.8 directs dismissal appeals to the Title IX Office procedure rather than to OSARP.
These two appeal windows have different triggers (a Case Review decision versus a dismissal notice) and go to different offices. Do not send a dismissal appeal to OSARP, and do not use the Case Review decision date to calculate a dismissal appeal deadline. If you are unsure which situation applies to you, ask the Title IX Office directly which appeal path and which deadline applies to your notice.
Frequently asked questions
Does the September 14, 2026 policy revision date mean the older handbook pages no longer apply?
Not necessarily. The handbook adjudication pages predate the policy PDF revision date, but that alone does not establish that the handbook process was superseded. Ask JMU to confirm which process is currently operative for your case.
Can I question the other party myself during a Case Review?
No. Under the student Policy 1346 Case Review, questioning is conducted through an advisor, who directs questions to the decisionmaker. A party does not personally cross-examine.
What if my case involves conduct that could fall under both Policy 1346 and Policy 1340?
JMU has discretion to consolidate the matter under the Title IX procedure or to review the allegations separately. This page does not tell you which will happen in your case; ask the Title IX Office.
I missed a document review period. What now?
Contact JMU immediately. The office can extend or reopen stages with notice, but you should not assume an extension will be granted, and you should not delay reaching out.
Are the 10-day evidence review period and the 5-day report review period the same deadline?
No. They are separate stages with separate calendar-day windows. Confirm both dates directly with JMU for your case.
What is an advisor’s role?
Under the Policy 1346 Case Review process, an advisor conducts cross-examination through the decisionmaker, and JMU appoints one for that purpose if you have not chosen one. Policy 1340 has different participation rules. Confirm the advisor’s role in the process JMU assigns to your case.
More guides for Virginia schools: Virginia Title IX lawyer.
Disclaimer
This page provides general educational information about publicly available JMU procedures. It is not legal advice, does not create an attorney-client relationship, and is not affiliated with or endorsed by James Madison University. It does not guarantee any outcome, and it does not confirm which policy version, process, or deadline applies to any individual’s case. Always verify current procedures and your specific deadlines directly with James Madison University.
If you would like to discuss your situation, you can visit the contact page as a voluntary next step.
Sources
- JMU Policy 1346, Title IX Sexual Harassment (PDF)
- JMU Policy 1340, Sexual Misconduct (PDF)
- JMU Policy Index
- JMU Title IX Policy and Procedures Hub
- JMU Formal Complaint Investigation Procedures
- JMU Title IX Sexual Harassment Adjudication Process
- JMU Sexual Misconduct Accountability Process
- JMU How to File a Complaint
