WEST VIRGINIA UNIVERSITY
UNIVERSITY PROCEDURES REGARDING COMPLAINTS MADE AGAINST EMPLOYEES OR NON-STUDENTS OF DISCRIMINATION, HARASSMENT, SEXUAL HARASSMENT, SEXUAL MISCONDUCT, DOMESTIC MISCONDUCT, STALKING, AND RETALIATION
(NON-TITLE IX SEXUAL HARASSMENT)
Section 1: General.
1.1 Purpose: To establish the procedures for the implementation of West Virginia University Board of Governors Rule 1.6, Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, Retaliation, and Relationships, the University’s Non-Discrimination Policy & Statement, and the Campus Sexual Violence Elimination Act, 20 U.S.C. § 1092, and the Violence Against Women Act of 1994, 42 U.S.C. § 13925, as amended. West Virginia University is committed to creating and fostering a positive learning and working environment based on open communication, mutual respect, and inclusion. Accordingly, West Virginia University prohibits discrimination or harassment on the basis of race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression in the administration of any of its educational programs, activities, or with respect to admission or employment.
1.2 Authority: Section 3 of West Virginia University Board of Governors Rule 1.6, Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, Retaliation, and Relationships; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17; 20 U.S.C. § 1681; and the West Virginia Human Rights Act, W. Va. Code §§ 5-11-1 to - 20; Campus Sexual Violence Elimination Act, 20 U.S.C. § 1092, and the Violence Against Women Act of 1994, 42 U.S.C. § 13925; and the University’s Non-Discrimination Policy & Statement.
1.3 Scope: These procedures apply to all non-Title IX Sexual Harassment complaints of discrimination, harassment, sexual harassment, sexual misconduct, domestic misconduct, stalking, or retaliation against employees or non-students at West Virginia University or in or at any program or activity operated by the University, even if not on campus. Complaints or allegations of Sexual Harassment within Title IX jurisdiction are handled by a separate Grievance Procedure, which can be located here:
https://diversity.wvu.edu/equity-assurance/policies-and-procedures
Moreover, complaints against West Virginia University students will be administered consistent with Rule 6.1 and its accompanying guidelines and/or procedures, which can be found here:
http://campuslife.wvu.edu/office_of_student_conduct.
1.4 Effective Date: October 14, 2013; amended March 7, 2014; amended October 14, 2016; amended August 2020 and applies to cases on or after August 14, 2020.
1.5 If you believe you are a victim of discrimination, harassment, sexual harassment, sexual misconduct, domestic misconduct, stalking, or retaliation, there are resources available to you. For those resources, please see
https://diversity.wvu.edu/equity-assurance/resources-and-reporting-options
Section 2: Definitions.
2.1 The definitions set forth in West Virginia University Board of Governors Rule 1.6, Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, Retaliation, and Relationships, are incorporated by reference as if fully set forth herein.
Section 3: Initial Reports and Complaints.
3.1 Any member of the University community who believes he or she has been subject to Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation, or is aware of such conduct involving others, is encouraged to file a report immediately in accordance with the guidelines and procedures below. Responsible Employees [1] must file such complaints.
3.2 Complaints of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation should be filed with the following:
3.2.1 The Division of Diversity, Equity and Inclusion located at 1085 Van Voorhis Road Suite 250, Morgantown, West Virginia, 26506; 304-293-5600 (phone); 304-293-8279 (fax); diversity@mail.wvu.edu (e-mail). Additionally, an online complaint form may be completed here.
3.3 Any report of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation against an employee or non-student that is received by a University department, office, unit, or employee other than the Division of Diversity, Equity and Inclusion shall be referred by that department, office, unit, or employee to the Division of Diversity, Equity and Inclusion as soon as possible.
3.3.1 If the matter involves a case of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, as defined in Rule 1.6, it is strongly suggested that the University Police Department be notified immediately, in addition to the Division of Diversity, Equity and Inclusion. The University Police Department can be contacted at: 992 Elmer Prince Drive, Morgantown, WV 26506-6563; 304-293-2677 (293-COPS); http://police.wvu.edu/.
3.3.2 Reports of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation made to a pastoral or professional counselor, as defined by 34 C.F.R. § 668.46 (2020), or other individuals prohibited by law from disclosing such complaints, are, subject to applicable law, not required to be reported by those individuals. Those individuals are therefore completely confidential resources to whom an individual can report information.
3.4 Disclosure and Confidential Assistance/Resources.
3.4.1 The University respects the privacy of those reporting Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation and will endeavor to respect requests for confidentiality to the extent allowable by law. However, the University has certain obligations to address those allegations and to prevent their recurrence and, as a result, cannot guarantee confidentiality to a Complainant. Regardless, the University and those individuals involved in the complaint process shall always treat these reports as private and in a sensitive manner.
In determining whether and how to honor an individual’s request for confidentiality (or a related request not to proceed with an investigation), particularly when that request could preclude a meaningful investigation or potential discipline of the potential Respondent, the University will consider a range of factors, including: whether there have been other sexual violence complaints about the Respondent; whether the Respondent has a history of arrests or records from a prior school indicating a history of violence; whether the Respondent threatened further sexual violence or other violence against the Complainant or others; whether the sexual violence was committed by multiple Respondents; whether the Complainant’s report or allegation reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group; whether the sexual violence was perpetrated with a weapon; the safety of the broader University community; the age of the Complainant subject to the sexual violence; and whether the University possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).
3.4.2 Notwithstanding Section 3.4.1, a Complainant may seek consultation and other services by contacting any of the following resources:
James Goins, Jr., Title IX Coordinator/Director of Equity Assurance
1085 Van Voorhis Rd, Suite 250
Morgantown, WV 26506
Phone: 304-293-5600; Email: James.Goins@mail.wvu.edu
Title IX Education Specialist (Anonymous Resources)
1085 Van Voorhis Rd, Suite 250
Morgantown, WV 26506
Phone: 304-293-5600
* Unidentifiable information will be shared for Clery compliance and Title IX prevention.
WVU LGBTQ+ Center
(304) 293-9593
Located at Maple House (724 College Ave on the Downtown Campus)
WEST VIRGINIA UNIVERSITY MAIN CAMPUS RESOURCES:
WELLWVU (Students)
Carruth Center for Counseling and Psychological Services
Health and Education Building
390 Birch Street
Morgantown, WV 26506-6422
Phone: 304-293-4431
Email: wvucccps@mail.wvu.edu
WVU Medicine Student Health (Students)
390 Birch Street
Morgantown, WV 26505
Phone: 304-285-7200
http://wvumedicine.org/hospitals-and-institutes/student-health/
WVU Faculty and Staff Assistance Program (Employees)
1085 Van Voorhis Rd, Suite 218-220
Morgantown, WV 26506
Phone: 304-293-5590
http://www.hsc.wvu.edu/fsap/
The Rape and Domestic Violence Information Center (RDVIC)
P.O. Box 4228
Morgantown, WV 2650
RDVIC 24-hour crisis hotline 304-292-5100
Ruby Memorial Hospital , Emergency Department
1 Medical Center Drive,
Morgantown, WV 26505
Phone: 304-598-4172
http://wvuhealthcare.com/hospitals-and-clinics/student-health/
Monongalia General Hospital, Emergency Department
1200 JD Anderson Drive
Morgantown, WV 26505
Phone: 304-598-1460
www.mongeneral.com
POTOMAC STATE RESOURCES:
Potomac Valley Hospital
100 Pin Oak Lane
Keyser, WV 26726
Phone: 304-597-3500
Western Maryland Health System
12500 Willowbrook Road
Cumberland, MD 21502
Phone: 240-964-7000
www.wmhs.com
Email webmaster1@wmhs.com
WEST VIRGINIA UNIVERSITY OF TECHNOLOGY
AND BECKLEY CAMPUSES:
Montgomery General Hospital
401 6th Avenue
Montgomery, WV 25136
Phone: 304-442-5151
Email: info@mghwv.org
Raleigh General Hospital
1710 Harper Road
Beckley, WV 25801
Phone: 304-256-4100
Section 4: Complaint Process. [2]
4.1 Upon receiving a complaint or report that does not constitute Title IX Sexual Harassment from the Complainant or Reporter, the University will review the allegations and determine whether they implicate any potential violations of University policies, including Rule 1.6.
4.1.1 Supportive Measures.
Once a report is received, then, as soon as determined to be necessary, the University shall implement Supportive Measures. Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after the filing of a complaint. Such measures are designed to restore or preserve equal access to the University’s program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter Title IX Sexual Harassment. Such measures shall continue until the investigation is complete or until the measures taken are deemed no longer necessary. Such measures may include, but are not limited to, temporary leave or suspension; other employment arrangements for either the complainant or respondent, including a work-from-home assignment; issuance of a temporary trespass warning; or “no contact” orders whereby the parties may be directed to refrain from contact with one another.
4.1.2 Right to File a Criminal Complaint.
If applicable, the University will also notify the Complainant of the right to file a criminal complaint. However, if a separate law enforcement investigation is initiated, the University will continue investigating the matter and resolving the complaint. Further, the University will not wait until a law enforcement investigation is completed before resolving the complaint; unless that circumstances require the University to temporarily delay its resolution while law enforcement gathers evidence.
4.2 Notice of Allegations.
If it is reasonable to believe that the allegations establish a Rule 1.6 violation, the University will inform the Respondent, and, when appropriate, University departments, offices, units, or employees, of the allegations via the Notice of Allegations. The Notice of Allegations shall also notify the Respondent and the appropriate University departments, offices, units, or employees that Retaliation is prohibited. The Respondent will also be informed of these guidelines and procedures and that the complaint has been assigned to an investigator, an overview of the process, and the informal resolution options. A copy of the written Notice of Allegations will be provided to the Complainant.
4.3 Informal Resolution.
At any time during the process, an informal resolution may be reached in cases of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation through various methods, which may be tailored to the specific situation and allegations. Methods of informal resolution may include, but are not limited to mediating the situation, training, and other agreeable alternative dispute options.
4.4 Investigation.
The University shall assign the matter to an investigator to investigate the complaint further if necessary and appropriate. The investigator shall be trained accordingly and may be an investigator appointed from outside the University.
The investigator shall have access to all necessary documents and the right to interview witnesses. Members of the University Community are obligated to respond and acknowledge reasonable requests that may be made by the investigator, Talent and Culture, and/or the Division of Diversity, Equity and Inclusion.
The Complainant and Respondent shall have an equal and reasonable opportunity to be heard and present relevant witness statements and other evidence in support of or against the written Notice of Allegations. To that end, the Complainant and Respondent shall provide any additional information, including the names of potential witnesses, as soon as possible after receipt of the Notice of Allegations.
Upon gathering all the evidence initially determined to be relevant, the investigator will provide both parties an equal opportunity to review the summary of the investigation and allow ten (10) days to review and provide any comments to the summary of investigation.
To the extent the investigator gathers any information related to misconduct outside the scope of Rule 1.6, such information may be included in the summary of investigation and addressed accordingly in the Findings and Notice of Outcome.
If, during the course of the investigation, the investigator discovers information that leads the investigator to reasonably believe the conduct may constitute Title IX Sexual Harassment, the University shall review and determine whether the complaint should continue pursuant to the above referenced Title IX Grievance Procedure.
4.4.1 Evidentiary Standard.
To determine whether Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation occurred or other policy violation, the Decision-Maker shall use a preponderance of the evidence standard. “Preponderance of the evidence” means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.
4.4.2 Notice of Outcome
A Notice of Outcome, which will be issued in writing, will specify whether or not Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation occurred, and be issued concurrently to the Complainant, Respondent, and the appropriate University departments, offices, units, or employees, if any.
If there is no evidentiary basis for a finding of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation, the Decision-Maker shall indicate this conclusion to the Complainant and Respondent in the written Notice of Outcome and advise them that the case is closed.
4.5 Findings & Notice of Outcome.
After the Complainant and Respondent have either responded to the summary of the investigation or ten (10) calendar days have passed, the Director of Employee Relations or designee (Decision-Maker), in consultation with the Director of Equity Assurance, will make a finding as to whether the conduct violates Rule 1.6 or other University policies, if applicable.
4.6 Corrective Action
If there is a finding of Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, or Retaliation, the appropriate departments, offices, units, or employees at the University, in consultation with the Division of Diversity, Equity and Inclusion and Talent and Culture, will take steps toward immediate corrective action, which may include, but not be limited to suspension, demotion, or termination of an employee; issuance of a trespass warning; termination of a vendor contract; and/or referral to the appropriate law enforcement agency. The purpose of any such corrective action is to take the appropriate steps to end the misconduct, prevent any further misconduct or retaliation, remedy the effects of misconduct, and eliminate any hostile environment that has been created.
If a corrective action involves any type of adverse employment action, then such action will be taken consistent with Talent and Culture procedures and applicable due process.
Section 5: Discretion.
The University shall have sufficient latitude and authority to implement any reasonable measures necessary for the fair and efficient administration of these guidelines and procedures and minor deviations are acceptable as long as such deviations are not found to be materially harmful to a Complainant or Respondent. Further, a Complainant, Respondent, and the University may agree in advance to minor deviations from these guidelines and procedures.
[1] Section 9.10 of Rule 1.6 defines a “Responsible Employee” as:
[T[hose employees in a leadership or supervisory position, or who have significant responsibility for the welfare of students or employees. Specifically, this term includes: Title IX Coordinator; Deputy Title IX Coordinators; University Police Officers; Senior Administrators in Residence Life, Student Life, and Athletics; University Senior Administrators, including Senior Administrators within each College or School; Resident Assistants; Faculty; and Athletic Team Coaches and their Staff.
[2] Prohibited consensual relationships between Members of the University Community and teacher-student relationships, as both are described and defined in Rule 1.6, will also be investigated using this complaint process.