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Special Grievance Procedures

  1. University as Complainant

As necessary, JSU reserves the right to initiate a complaint, to serve as complainant and to initiate conduct proceedings without a formal complaint by a reputed victim of misconduct.

  1. False Reports

JSU will not tolerate intentional false reporting of incidents or violations.  It is a violation of the University’s sexual misconduct and discrimination policies to make an intentionally false report of any applicable violation. Making an intentionally false report may also violate state criminal statutes and civil defamation laws.

  1. Immunity for Victims and Witnesses

JSU encourages the reporting of all policy violations by victims and witnesses, especially those involving sexual misconduct or discrimination.  Sometimes, victims or witnesses are hesitant to report to University officials or participate in grievance processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident.  It is in the best interest of this community that as many victims as possible choose to report to University officials, and that witnesses come forward to share what they know.  To encourage reporting, the University pursues a policy of offering victims and witnesses of sexual misconduct and discrimination, in particular, limited immunity from being charged for policy violations related to the alleged misconduct where they may have been involved only to a minor degree or involved in misconduct not directly related to the violation(s) under investigation or charged. While violations cannot be overlooked, the University will, if appropriate, provide educational rather than punitive responses, in such cases.

  1. Bystander Engagement

The welfare of students in our community is of paramount importance.  At times, students on and off-campus may need assistance.  JSU encourages students to offer help and assistance to others in need.  Sometimes, students are hesitant to offer assistance to others for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to the hospital or University Police).  The University pursues a policy of limited immunity for students who offer to help others in need.  While policy violations cannot be overlooked, the University will provide educational options, rather than punishment, to those who offer their assistance to others in need.

  1. Parental Notification

JSU reserves the right to notify parents/guardians of dependent students regarding any health or safety risks to the student, a change in student status or conduct situation, particularly alcohol and other drug violations.  The University may also notify parents/guardians of non-dependent students who are under 21 of alcohol and/or drug policy violations.  Where a student is not dependent, the University will contact parents/guardians to inform them of situations in which there is significant health and safety risk.  The University also reserves the right to designate which University officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act (FERPA).

  1. Notification of Outcomes

The outcome of an administrative investigation and/or hearing is part of the educational record of the accused individual, and is protected from release under federal law, FERPA.  However, JSU observes legal exceptions as follows:

  • Complainants in non-consensual sexual contact/intercourse incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, without condition or limitation.
  • Complainants in all other gender-based complaints, including but not limited to, complaints of sexual exploitation, sexual harassment, stalking, relationship violence, discrimination and any other gender-based offense,  have an absolute right to be informed of the outcome, in writing, and to be informed of any sanctions that directly relate to them, and to essential findings supporting the outcome when the outcome is one of violation and/or is equitable to share the essential findings with all parties.
  • JSU may release the name, nature of the violation and the sanction for any student who is found in violation of the sexual misconduct policy.  The University will release this information to the Complainant in any of these offenses regardless of the outcome.
  • JSU reserves the right to release to appropriate law enforcement agencies and/or the District Attorney the filing of a complaint involving sexual misconduct, or the results of an investigation or disciplinary proceeding where it appears criminal misconduct may be involved.
  1. Alternative Testimony Options

For sexual misconduct complaints, and other complaints of an extreme sensitive nature, whether the alleged victim is serving as the Complainant or as a witness, alternative testimony options will be given, such as placing a privacy screen in the hearing room, or allowing the alleged victim to testify outside the physical presence of the accused individual, such as Skype.  While these options are intended to help make the alleged victim more comfortable, they are not intended to and shall not be utilized to work to the disadvantage of the accused individual.

  1. Past Sexual History/Character

The past sexual history or sexual character of a party will not be admissible by the other party in the investigation or hearing unless such information is determined to be highly relevant by the Title IX Coordinator or Judicial Coordinator.  All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Title IX Coordinator.  While previous conduct violations by the accused individual are not generally admissible as information about the present alleged violation, the Title IX Coordinator or Judicial Coordinator may consider it or allow it to be presented only if:

  • The accused was previously found to be responsible for the conduct.
  • The previous incident was substantially similar to the present allegation.
  • Information indicates a pattern of behavior and substantial conformity with that pattern by the accused individual.

 
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