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Frequently Asked Questions (For Employees)

General FAQs

Overview of BOG Rule 1.6, Title IX, and Code of Conduct

  1. What types of cases or complaints does Employee Relations investigate?
  2. What is Board of Governor’s Governance Rule 1.6?
  3. What constitutes a Title IX Complaint?
  4. What constitutes a BOG Rule 1.6 Complaint?
  5. What constitutes a Code of Conduct Complaint?
  6. Who determines whether a complaint falls under Title IX or BOG Rule 1.6?
  7. Who is a Complainant?
  8. Who is a Respondent?
  9. Who is WVU’s Title IX Coordinator?
  10. How do I contact WVU’s Employee Relations?

Filing a Report

  1. How do I file a report?
  2. Can I file a report online?
  3. Who can file a report?
  4. Who is required to file a report?
  5. What if the incident I want to report happened last year?
  6. Can I file an anonymous report?
  7. I’m worried about what will happen if I file a complaint or am named in a complaint.

Supportive Measures and Other Resources

  1. What are resources and supportive measures?
  2. Is counseling support available to me?
  3. What do I do if I need to add or change supportive measures during the process?

Investigations Generally

  1. What happens after a complaint is filed?
  2. What is the role of the internal investigator?
  3. How long does an investigation take?
  4. Will I be updated on the status of the investigation?
  5. Will the other parties see what was said if I participate in an interview?
  6. What if I feel I’m being retaliated against for my participation in an investigation?
  7. Can I talk to potential witnesses while the investigation is ongoing?
  8. Will my supervisor be notified of the investigation?

Advisors and Attorneys

  1. What is an advisor?
  2. Can the University provide me with an advisor?
  3. Can I have an attorney throughout the investigation and process?
  4. I have an attorney from another state. Can they assist me in this process?

Informal Resolutions

  1. What are informal and agreed resolutions?
  2. When can an informal resolution be entered?

Title IX Investigation Report and Hearings

  1. Will the parties have an opportunity to review the Investigation Report?
  2. What is a hearing?
  3. When does a hearing take place?
  4. What is the standard for determining if a Title IX violation occurred?
  5. How will I be notified of the outcome of the hearing?
  6. What is a sanction?
  7. What are possible sanctions when there is a Title IX violation?
  8. If the Respondent is found responsible for the alleged Title IX violation, how will the sanctions be determined?

BOG Rule 1.6 Determinations

  1. Will the parties have an opportunity to review the Investigation Report?
  2. What is the standard for determining if a BOG Rule 1.6 violation occurred?
  3. When will I be notified of the outcome of a BOG Rule 1.6 investigation?
  4. What is a corrective action?
  5. What are the possible corrective actions for BOG Rule 1.6 violations?
  6. If the Respondent is found responsible for the alleged BOG Rule 1.6 violation, how will the corrective actions be determined?

Title IX Appeal Process

  1. Can I appeal the decision of the hearing decision maker?
  2. How do I appeal the decision of the hearing decision maker?
  3. How long do I have to appeal?
  4. When will the outcome determination be final?

BOG Rule 1.6 Appeal Process

  1. Can I appeal the Notice of Outcome determinations?
  2. How do I file a grievance?
  3. How long do I have to file a grievance?

Complainant FAQs

  1. Is there someone I can talk to that won’t initiate an investigation or resolution process?
  2. Will my supervisor know that I filed a report?
  3. Will the other person know I filed a report about them?
  4. Do I have to identify the person who caused harm?
  5. Are there resources available to me if I don’t want to file a complaint?
  6. I don’t want to participate in the investigation process anymore. What should I do?
  7. I feel unsafe after filing a complaint. What should I do?
  8. Someone caused me harm. I want the behavior to stop, but I don’t want anyone to get fired. What options do I have?
  9. I had a bad experience, but I’m not sure it is a policy violation. Where can I learn more?
  10. I am a complainant, but I don’t want to participate in the investigation. What are my options?
  11. I don’t want to file a report at this time, but I might change my mind. What should I do?

Respondent FAQs

  1. How will I be notified that a complaint has been filed against me?
  2. Do I have to participate in an investigation if I am accused of misconduct?

Witness FAQs

  1. Who is a witness?
  2. I am a witness to an alleged incident and have been contacted by an internal investigator requesting an interview. Do I have to meet with them and participate in the investigation process?
  3. Will I receive a copy of the investigation report or be advised of the outcome of the investigation?
  4. Can I talk about the complaint with others?
  5. I feel like I’m being treated differently now that I’ve participated in the investigation process, and it seems like retaliation. What can I do?

Employee Code of Conduct Process Generally

  1. What is the Employee Code of Conduct?
  2. What constitutes an Employee Code of Conduct Complaint?
  3. How will I be notified of a pending complaint or investigation?
  4. Who makes the decision of whether a Code of Conduct violation occurred?
  5. How will I be notified of the outcome of the investigation?
  6. What are the possible corrective actions for Employee Code of Conduct violations?
  7. If the Respondent is found responsible for the alleged Employee Code of Conduct violation, how will the corrective actions be determined?
  8. Can I appeal the decision of the Director of Employee Relations?

General FAQs

Overview of BOG Rule 1.6, Title IX, and Code of Conduct

  1. What types of cases or complaints does Employee Relations investigate?

    2. Employee Relations investigates Title IX, Board of Governors Rule 1.6, Employee Code of Conduct, and other HR policy violations where a WVU employee is accused of committing the prohibited conduct.

  2. What is Board of Governor’s Governance Rule 1.6?

    3. BOG Rule 1.6 is WVU’s policy prohibiting all forms of discrimination, harassment, sexual harassment, sexual and domestic misconduct, stalking, retaliation, and improper intimate relationships. For additional information see BOG Rule 1.6 on WVU’s Rules website.

  3. What constitutes a Title IX Complaint?

    4. Formal complaints of sexual harassment (quid pro quo), sexual harassment (hostile environment), sexual assault, domestic misconduct, and stalking that occur in a University education program or activity on the basis of sex and within the United States. When a complaint is filed, WVU’s Title IX Coordinator will determine if the complaint falls within Title IX’s jurisdiction. If a complaint falls under Title IX, the University’s process can be found at Non-student Title IX Complaint and Investigation Process.

  4. What constitutes a BOG Rule 1.6 Complaint?

    5. Even if a complaint does not fall within Title IX’s jurisdiction, it may be investigated under BOG Rule 1.6. Complaints of sexual harassment (quid pro quo), sexual harassment (hostile environment), sexual assault, domestic misconduct violence, and stalking that fall outside of Title IX’s jurisdiction, as well as complaints of discrimination, harassment, retaliation, and improper intimate relationships fall under BOG Rule 1.6. If a complaint falls under BOG Rule 1.6, the University’s process can be found at Non-student Non-Title IX Complaint and Investigation.

  5. What constitutes a Code of Conduct Complaint?

    6. Examples include unprofessional behavior, work environment issues that fall outside of BOG Ruel 1.6, ITS violations, fraud, theft, etc. WVU’s Employee Code of Conduct may be found on the Talent and Culture website.

  6. Who determines whether a complaint falls under Title IX or BOG Rule 1.6?

    7. After a complaint is filed, the Title IX Coordinator will review and make an initial assessment of whether Title IX or BOG Rule 1.6 policies and procedures will apply.

  7. Who is a Complainant?

    8. The person who is the alleged victim of conduct prohibited by Title IX, BOG Rule 1.6, Employee Code of Conduct or other HR policies.

  8. Who is a Respondent?

    9. The person reported to be the perpetrator of conduct prohibited by Title IX, BOG Rule 1.6, Employee Code of Conduct or other HR policies.

  9. Who is WVU’s Title IX Coordinator?

    10. James Goins Jr.
    Director of Equity Assurance
    Title IX Coordinator
    1085 Van Voorhis, Suite 250
    Morgantown, WV 26506-6202
    304-293-8363
    james.goins@mail.wvu.edu

  10. How do I contact WVU’s Employee Relations?

    11. Sarah Seime
    Director of Employee Relations
    304-293-5700
    sdebasti@mail.wvu.edu

    RaeLynn Regula
    Assistant Director of Employee Relations
    304-297-7774
    rregula@mail.wvu.edu

Filing a Report

  1. How do I file a report?

    2. We support the choices individuals make — whether or not to report, and to whom to report — and recognize that these choices are particularly difficult in some cases. If you are unsure whether or not you’d like to file a report, you can meet with a private Title IX Specialist to discuss your reporting options first. If you wish to speak to someone anonymously, please call or text the Anonymous On-Call Line at 304-906-9930. Someone is available to take your call 24 hours a day.

    The Office of Equity Assurance and the legal system work independently, but in coordination with one another. Individuals may file a report with the University, law enforcement, both or with neither. The standards for determining a violation of criminal law are different than the standard in WVU’s grievance procedures, neither the results of a criminal investigation, nor the decision of law enforcement to investigate or decline to investigate a matter, is a determinative factor of whether a violation of Board of Governors Governance Rule 1.6 has occurred.

    Any member of the campus community who has witnessed or is aware of any of the prohibited conduct in Board of Governors Governance Rule 1.6 is encouraged to report. WVU’s Office of Equity Assurance reviews every civil rights or Title IX related incident reported to the University. If you or someone you know has been a victim of sexual assault, power-based personal violence, or discrimination or harassment, you can file a report with WVU’s Director of Equity Assurance/Title IX Coordinator:

    James Goins Jr.
    Director of Equity Assurance
    Title IX Coordinator
    1085 Van Voorhis, Suite 250
    Morgantown, WV 26506-6202
    304-293-5600
    james.goins@mail.wvu.edu

    You can also file a report online through our reporting form or through mail by downloading the complaint form and mailing it to:

    Office of Equity Assurance
    1085 Van Voorhis, Suite 250
    P.O. Box 6202
    Morgantown, WV 26506

    For more information about resources and reporting options, visit our Resources and Reporting Options page.

  1. Can I file a report online?

    2. Yes, you can file a report online using the Division of Diversity, Equity and Inclusion Reporting Form.

  2. Who can file a report?

    3. Anyone can file a report, but usually only the reported victim or complainant, can choose to move forward in a formal resolution process. In extremely rare cases, the University may decide to move forward without the reported victim or complaint’s participation; however, that will only happen when there are multiple complaints about the same person; instances that are extremely violent; or, in instances where the University has direct evidence that clearly shows what happened.

    Responsible Employees are required under Board of Governor’s Governance Rule 1.6 to file a Title IX or Equity Assurance complaint when they receive a disclosure that any prohibited conducted occurred or if they witnessed the behavior.

  3. Who is required to file a report?

    4. All faculty and most staff are Responsible Employees, which means they are required to file a report. This includes any employee who is in a leadership or supervisory position who has responsibility for the welfare of students or other employees. Specifically, this term includes but is not limited to: Title IX Coordinator; University police officers; residence and student life administrators; resident assistants; athletic team coaches, staff, and administrators; University senior administrators; academic administrators; and faculty.

  4. What if the incident I want to report happened last year?

    5. There is no time limit for reporting, and there is certainly no time limit to reach out to someone for assistance and support. It is normal for victims to not want to come forward at first, so don’t feel as though if you haven’t come forward, you can’t. You can discuss your rights and options anonymously by calling or texting the Anonymous On-Call Line at 304-906-9930 or reporting at any time.

  5. Can I file an anonymous report?

    6. Responsible employees may not file an anonymous report. However, other people may file an anonymous report. It is important to know that anonymous reports can be difficult for the University to respond to.

  6. I’m worried about what will happen if I file a complaint or am named in a complaint.

    7. It is common to worry about the unknown, and it is impossible to know what the end result of any given complaint might be. However, the University will offer you Supportive Measures. Retaliation is also prohibited, and the University will take action against those who engage in retaliation. Please discuss your concerns with the Title IX Coordinator or Employee Relations.

Supportive Measures and Other Resources

  1. What are resources and supportive measures?

    2. Supportive Measures are non-disciplinary individualized services offered as appropriate, as reasonably available, and without fee or charge to both the complainant and respondent. Such measures are designed to restore or preserve equal access to the University’s program or activity without unreasonably burdening the other party. 

    Support resources and supportive measures may include counseling, extensions of deadlines or other related adjustments, modifications of work schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

  2. What do I do if I need to add or change supportive measures during the process?

    3. Complainants and respondents may request to add or change supportive measures at any time during the process by contacting Employee Relations. Even if a party refuses supportive measures at the beginning of the process, you can ask that supportive measures be added or changed at any time.

  3. Is counseling support available to me?

    4. If you need counseling support, you can reach out to the WVU Faculty and Staff Assistance Program at (304) 293-5900 or hsc.wvu.edu/fsap to receive support. This is a free service offered to employees of WVU.

Investigation, Report and Charges

  1. What happens after a complaint is filed?

    2. The Title IX Coordinator will determine if the complaint falls under Title IX or BOG Rule 1.6. The Case Manager for the Office of Equity Assurance will contact the complainant to provide information related to resources, including supportive measures, and to inform the complainant of the process and his or her resolution options. Additionally, the University will assign an internal investigator to begin the investigation process. The remaining steps in the process will vary depending on whether the complaint falls under Title IX or BOG Rule 1.6. An overview of the processes and procedures for Title IX and BOX 1.6 cases can be found on the Division of Diversity, Equity and Inclusion website.

  2. What is the role of the internal investigator?

    3. The internal investigator is an unbiased fact gatherer of information. The internal investigator does not advocate for any parties in an investigation and provides no opinion on the information gathered. The internal investigator will conduct recorded interviews to ask questions and gather information and evidence related to the complaint.

  3. How long does an investigation take?

    4. The investigations will be completed as expeditiously as possible. The internal investigators strive to complete investigations within 3 – 6 months. However, there are times that individualized circumstances may cause the investigation to take longer to complete. Some cases are more complex than others and have numerous witnesses to interview and documents to obtain and review. Additionally, witness availability may be limited during academic breaks in the semester or between semesters, which may cause a delay.

  4. Will I be updated on the status of the investigation?

    5. Yes, the assigned internal investigator will send complainants and respondents a status email every other week while information is being collected. Once the information is gathered, the assigned internal investigator will begin preparing the investigation report. The parties will be notified once the investigation report is complete. 

  5. Will the other parties see what was said if I participate in an interview?

    6. Yes, confidentiality is never guaranteed. If the investigation is completed in a Title IX case, each party is provided an opportunity to review the interview summary and the investigation report, which will contain information provided by an individual who is interviewed. In BOG Rule 1.6 cases, the parties will receive a summary of investigation that does not contain witness names.

  6. What if I feel I’m being retaliated against for my participation in an investigation?

    7. No individual may retaliate against another person. “Retaliate” means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege at the University because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, or hearing under BOG Rule 1.6. If you believe you have been retaliated against, please let the assigned internal investigator know. You may also fill out a separate complaint through the Division of Diversity, Equity and Inclusion Reporting Form.

  7. Can I talk to potential witnesses while the investigation is ongoing?

    8. Participants in an investigation are asked to respect the integrity and sensitive nature of the investigation and use discretion in what they may choose to share regarding the private and sensitive nature of the allegations. In BOG Rule 1.6 cases, the parties are directed to not discuss the details of the investigation with anyone other than the investigator and their lawyer or advisor.

  8. Will my supervisor be notified of the investigation?

    9. During the course of the investigation, Employee Relations may find it necessary to inform your supervisor of the investigation. At the end of an investigation, the Director of Employee Relations will inform your supervisor of the final outcome.

Advisors and Attorneys

  1. What is an advisor?

    2. An advisor is a person that can accompany complainants and respondents to all process meetings, interviews, and hearings. Advisors can be anyone a complainant or respondent chooses, including privately hired attorneys, so long as the same advisor isn’t working with a complainant and respondent in the same case. An advisor can be a member of the University community (faculty, staff, or student) or an individual outside of the University community.

  2. Can the University provide me with an advisor?

    3. If a Party does not have an advisor present at the live hearing, the University will provide, without a fee, an advisor of the University’s choice to conduct cross-examination on behalf of that Party. The University only provides advisors in Title IX cases – not in any other cases including BOG Rule 1.6. An advisor is offered to both complainants and respondents.

  3. Can I have an attorney throughout the investigation and process?

    4. Yes, attorneys are welcome to participate in this process but will not be provided by WVU. To serve as an attorney in the University’s process, the attorney must be licensed in West Virginia.

  4. I have an attorney from another state. Can they assist me in this process?

    5. Attorneys licensed in states other than West Virginia can participate in this process as an advisor rather than an attorney.

Informal Resolutions

  1. What are informal and agreed resolutions?

    2. Informal and agreed resolutions are ways to resolve complaints without a hearing. Informal resolutions may include mediation, training, educational measures, and other alternative dispute options. The informal resolution may only be reached if agreed upon by both parties in writing. Informal resolutions cannot be used to resolve student sexual harassment complaints against an employee in Title IX cases.

  2. When can an informal resolution be entered?

    3. Either party can request an informal resolution at any time during the process. At any time prior to agreeing to a resolution, either party may withdraw from the informal resolution process and resume the grievance process. Informal resolutions cannot be used to resolve student sexual harassment complaints against an employee in Title IX cases. 

Title IX Investigation Report and Hearings

  1. Will the parties have an opportunity to review the Investigation Report?

    2. Yes, in Title IX cases both parties are provided with a report of evidence and have 10 days to review and submit a written response. After comments are received, the internal investigator may continue the investigation, if necessary. The investigator must provide the final investigative report to the Parties at least 10 days before the hearing. The parties and their advisors will then have 5 days to submit written responses to the investigative report.

  2. What is a hearing?

    3. A hearing is a live meeting in which the decision maker (sometimes called adjudicator) will get to review all the evidence, question parties, and observe the parties question each other through an advisor. Hearings can be held via Zoom, so long as all the parties and decision maker can see and hear people answer in real time. Parties do not have to be located in the same room. The University will provide an advisor in the event a party does not already have one.

  3. When does a hearing take place?

    4. Hearings only occur in cases that fall under Title IX. After the conclusion of the investigation, if the formal complaint is not dismissed and the parties are unable to come to an informal resolution, then the matter will proceed to a hearing. 

  4. What is the standard for determining if a Title IX violation occurred?

    5. Preponderance of the evidence is the standard used to determine whether sexual harassment (quid pro quo), sexual harassment (hostile environment), sexual assault, domestic misconduct, or stalking occurred in a University education program or activity on the basis of sex and within the United States. The evidence must show that it is “more likely than not” that the alleged behavior occurred and was in violation of University Rules, policies, or regulations.

  5. How will I be notified of the outcome of the hearing?

    6. A written “Notice of Outcome” will be provided to the parties as soon as practical after the hearing. The Notice of Outcome is sent to the complainant and respondent simultaneously and provides a written determination of whether the allegations against the respondent are substantiated or not. The Notice of Outcome is typically sent within 10 calendar days following the hearing.

  6. What is a sanction?

    7. A disciplinary measure that is imposed for a finding of responsibility for a violation of Title IX.

  7. What are possible sanctions when there is a Title IX violation?

    8. Potential sanctions include, but are not limited to, suspension, demotion, or termination of an employee; issuance of a trespass warning; or referral of an employee to the appropriate law enforcement agency.

  8. If the Respondent is found responsible for the alleged Title IX violation, how will the sanctions be determined?

    9. The Parties will be allowed to submit written positions on the appropriate sanctions within 10 days of the issuance of the Notice of Outcome. The decision maker will then issue a Notice of Sanctions to both parties simultaneously, typically within 5 calendar days, which will set forth the disciplinary sanctions the University imposes on the Respondent.

BOG Rule 1.6 Determinations

  1. Will the parties have an opportunity to review the Investigation Report?

    2. Yes, in BOG Rule 1.6 cases both parties are provided with a summary of the investigation report and have 10 days to review and provide comments.

  2. What is the standard for determining if a BOG Rule 1.6 violation occurred?

    3. Preponderance of the evidence is the standard used to determine whether discrimination, harassment, sexual harassment, sexual misconduct, domestic misconduct, stalking, or retaliation, or other policy violation occurred. The evidence must show that it is “more likely than not” that the alleged behavior occurred and was in violation of University Rules, policies, or regulations.

  3. When will I be notified of the outcome of a BOG Rule 1.6 investigation?

    4. The parties will be provided a “Notice of Outcome,” which is a written document used to determine if allegations are substantiated or not in BOG Rule 1.6 cases. The Notice of Outcome is typically sent to the parties within 30 days after responses to the summary of the investigation are received. However, this timeline may vary depending on the complexity of the case and other factors.

  4. What is a corrective action?

    5. An action that is taken by the appropriate University departments, offices, units, or employees, in consultation with the Employee Relations and/or the Provost’s Office, to end the misconduct, prevent any further misconduct or retaliation, remedy the effects of misconduct, and to eliminate any hostile environment that has been created. 

  5. What are the possible corrective actions for BOG Rule 1.6 violations?

    6. Potential corrective actions include, but are not 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.

  6. If the Respondent is found responsible for the alleged BOG Rule 1.6 violation, how will the corrective actions be determined?

    7. Employee Relations will work with the faculty or staff member’s supervisor to determine the appropriate corrective actions.

Title IX Appeal Process

  1. Can I appeal the decision of the hearing decision maker?

    2. Yes. Both the complainant and respondent are entitled to appeal the Notice of Outcome and Notice of Sanctions determinations in cases that fall under Title IX. The Parties can appeal the decision based on the following: (a) procedural irregularity that affected the outcome of the matter; (b) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and (c) the Title IX Coordinator, investigator(s), or hearing decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

  2. How do I appeal the decision of the hearing decision maker?

    3. To appeal a decision, you will need to write a letter, with any supporting documents, and submit it to Maggie von Dolteren, designee, at (margaret.vondolteren@mail.wvu.edu) and the Director of Employee Relations.

  3. How long do I have to appeal?

    4. If the Respondent is found not responsible and no Notice of Sanction is issued, the Parties have 5 calendar days from the Notice of Outcome to appeal. If the Respondent is found responsible, then the Parties will have 5 calendar days from the Notice of Sanctions to appeal both the outcome and sanctions.

  4. When will the outcome determination be final?

    5. If no appeal is filed, the determination regarding responsibility is final on the date that the parties can no longer file an appeal. If an appeal is filed, the determination regarding responsibility is final on the date that the University provides the Parties with a Determination of Appeal. Typically, the Determination of Appeal is issued 30 calendar days after the appeal is filed. 

BOG Rule 1.6 Appeal Process

  1. Can I appeal the Notice of Outcome determinations?

    2. No, there is no appeal process in BOG Rule 1.6 cases, but employees can file a grievance.

  2. How do I file a grievance?

    3. You must complete the grievance form that includes specific allegations for the grievance and the relief requested by the employee. The grievance form must be submitted to the University’s President’s Office. Additional information regarding the grievance process and the appropriate forms are available on WVU's Grievance Procedure website.

  3. How long do I have to file a grievance?

    4. The grievance must be filed with the University’s President’s Office within 15 working days following the issuance of the Notice of Outcome. Additional information regarding the grievance process and the appropriate forms are available on WVU's Grievance Procedure website.

Complainant FAQs

BOG Rule 1.6 Appeal Process

  1. Is there someone I can talk to that won’t initiate an investigation or resolution process?

    2. Yes. WVU has anonymous and confidential employees you can talk to, receive supportive measures, and explain the investigation/resolution process without initiating a report to the Director of Equity Assurance and Title IX Coordinator. WVU’s anonymous line is available for texts or calls 24 hours a day, seven days a week at 304-906-9930. Fulltime staff at the LGBTQ+ and Women’s Resource Center are also anonymous employees.

  2. Will my supervisor know that I filed a report?

    3. During the course of the investigation, Employee Relations may find it necessary to inform your supervisor of the investigation. At the end of an investigation, the Director of Employee Relations will inform your supervisor of the final outcome. Outside of your supervisor and the appropriate University staff whose job it is to resolve the report, no one else will know that you filed the report unless the people involved choose to talk about what happened with other people.

  3. Will the other person know I filed a report about them?

    4. Yes, if the report results in a complaint and resolution process, individuals will be informed that a report was filed and provided an opportunity to respond to the allegations.

  4. Do I have to identify the person who caused harm?

    5. No, you do not; however, the University will not be able to do more than offer you supportive measures if you do not. Responsible Employees must share all of the information that is known to them about the incident.

  5. Are there resources available to me if I don’t want to file a complaint?

    6. Yes. The Case Manager, as well as anonymous and confidential employees, can offer you supportive measures even if you choose not to move forward with a formal resolution process.

  6. I don’t want to participate in the investigation process anymore. What should I do?

    7. Let the assigned internal investigator or Employee Relations staff member know right away. In most cases, an informal resolution may be possible.

  7. I feel unsafe after filing a complaint. What should I do?

    8. In the event of an emergency or concern of physical harm call 911. Otherwise, let the assigned internal investigator know what is making you feel unsafe and talk about possible supportive measures with them.

  8. Someone caused me harm. I want the behavior to stop, but I don’t want anyone to get fired. What options do I have?

    9. Share with the assigned internal investigator or Employee Relations staff member what you would like to see happen. The University wants to respect your wishes but may have to take certain steps depending on the circumstances. In many circumstances, informal and agreed resolution may be possible.

  9. I had a bad experience, but I’m not sure it is a policy violation. Where can I learn more?

    10. You can learn more about WVU’s policies that prohibit discrimination, harassment, sexual and domestic misconduct, stalking, and retaliations on WVU's Rules, Policies and Procedures website. You can also speak to an anonymous or confidential employee, about your experiences and to learn more about the University’s resolution process. WVU’s anonymous line is available for texts or calls 24 hours a day, seven days a week at 304-906-9930.

  10. I am a complainant, but I don’t want to participate in the investigation. What are my options?

    11. There are many options for complainants who do not wish to participate in the investigation process. First, you can request supportive measures be put in place. In some instances, complaints can be resolved with informal resolutions where all parties agree to an appropriate outcome. This could include, but is not limited to, No Contact Directives and educational measures.

  11. I don’t want to file a report at this time, but I might change my mind. What should I do?

    12. It is common for people to want time to consider filing a report or even changing their minds about doing so. The longer the period of time from the incident until the time it is report may make it more difficult for the University to take action as people graduate, leave school or jobs, or physical evidence, such as text messages or video camera footage are no longer available.

Respondent FAQs

  1. How will I be notified that a complaint has been filed against me?

    • If a complaint under Title IX is filed, the Title IX Coordinator will send a “Notice of Allegations” to the complainant and respondent.
    • If a complaint is filed and it is reasonable to believe that the allegations establish a BOG Rule 1.6 violation, the University will send a “Notice of Allegations” to the respondent.

  2. Do I have to participate in an investigation if I am accused of misconduct?

    3. Yes, employees must participate in the investigation process.

Witness FAQs

  1. Who is a witness?

    2. Any person who has direct information regarding an alleged incident and/or a professional with demonstrated experience, such as a University Police Officer, who has important information to share about the alleged violations and charges.

  2. I am a witness to an alleged incident and have been contacted by an internal investigator requesting an interview. Do I have to meet with them and participate in the investigation process?

    3. University employees are required to participate in all aspects of the investigation process. 

  3. Will I receive a copy of the investigation report or be advised of the outcome of the investigation?

    4. No. In order to preserve employee privacy, the University does not share with witnesses the investigation report or the outcome of the investigation.

  4. Can I talk about the complaint with others?

    5. In order to protect the integrity of the investigation and the privacy of all who are involved, including complainants, respondents, and witnesses, witnesses are asked to keep information learned during the investigation as private as possible and should avoid sharing such information with others.

  5. I feel like I’m being treated differently now that I’ve participated in the investigation process, and it seems like retaliation. What can I do?

    6. The University prohibits retaliation against persons who are involved with the complaint process in any way, including Complainants, Respondents, and witnesses. If you believe you are experiencing retaliation, we strongly encourage you to contact the investigator and/or the Title IX Coordinator immediately. You may also file a separate report related to the retaliation by filling out the Division of Diversity, Equity and Inclusion Reporting Form.

Employee Code of Conduct Process Generally

  1. What is the Employee Code of Conduct?

    2. WVU’s Code of Conduct outlines how WVU expects its employees to perform their work and interact with all members of the University community, including students, other WVU employees, and visitors. It applies to all University employees, regardless of position or rank, on all WVU campuses. The Code also applies to any individual using University resources or facilities, receiving funds administered by WVU, and any volunteers representing the University. WVU’s Employee Code of Conduct may be found on the Talent and Culture website.

  2. What constitutes an Employee Code of Conduct Complaint?

    3. Examples include unprofessional behavior, work environment issues that fall outside of BOG Rule 1.6, ITS violations, fraud, theft, and other policy violations etc.

  3. How will I be notified of a pending complaint or investigation?

    4. At the appropriate time, and depending on the complaint, an investigator or Employee Relations Specialist, will reach out the parties and inform them of the investigation.

  4. Who makes the decision of whether a Code of Conduct violation occurred?

    5. The Director of Employee Relations will determine if a violation has occurred.

  5. How will I be notified of the outcome of the investigation?

    6. The Director of Employee Relations will contact the employee via email about the outcome.

  6. What are the possible corrective actions for Employee Code of Conduct violations?

    7. Potential corrective actions include, but are not 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.

  7. If the Respondent is found responsible for the alleged Employee Code of Conduct violation, how will the corrective actions be determined?

    8. Employee Relations will work with the faculty or staff member’s supervisor to determine the appropriate corrective actions.

  8. Can I appeal the decision of the Director of Employee Relations?

    9. No, there is no appeal process in Code of Conduct cases, but employees can file a grievance.