General FAQs
Overview of BOG Rule 1.6, Title IX, and Code of Conduct
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W1. What types of cases or complaints does the Office of Student Rights and Responsibilities
investigate?
The Office of Student Rights and Responsibilities investigates complaints or
reports of violations of Title IX, Board of Governors Rule 1.6, and Campus
Student Code when a WVU student is accused of committing the prohibited conduct.
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What is Board of Governor’s Governance Rule 1.6?
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.
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What constitutes a Title IX Complaint?
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 jurisdiction, the University’s process can be found in
Section 12 of the Campus Student Code on the Student Rights and Responsibilities website.
- What constitutes a BOG Rule 1.6 Complaint?
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 in Section 11 of the Campus Student Code on the Student Rights and Responsibilities website.
- Who determines whether a complaint falls under Title IX or BOG Rule 1.6?
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.
- Who is a Complainant?
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.
- Who is a Respondent?
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.
- Who is WVU’s 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
Filing a Report
- How do I file a report?
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 on 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.
- Can I file a report online?
Yes, you can file a report online using the
Division of Diversity, Equity and Inclusion Reporting Form.
- Who can file a report?
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 complainant’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.
- Who is required to file a report?
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.
- What if the incident I want to report happened last year?
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.
- Can I file an anonymous report?
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.
- I’m worried about what will happen if I file a complaint or am named in a complaint.
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 which might include a No Contact Directive. 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 the Office of Student Rights and Responsibilities.
Supportive Measures and Other Resources
- What are resources and supportive measures?
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 the following: moving on-campus
housing locations, providing temporary emergency housing, access to counseling,
academic accommodations, changes to work locations and schedules, access to
medical care, and much more. The resources and supportive measures are available
to both complainants and respondents and are case specific based on the specific
circumstances and needs of the parties.
- What do I do if I need to add or change supportive measures during the process?
Complainants and respondents may request to add or change supportive measures
during the investigation by contacting the Office of Student Rights and Responsibilities.
Even if a party refuses supportive measures at the beginning of the process,
you can ask that supportive measures are added or changed throughout the process.
- What is a no contact directive?
A notice sent by the Office of Student Rights and Responsibilities or the Office of Equity Assurance which states that a student or student organization may have no direct or indirect contact with another person, student organization, or student organization member (including by another person on behalf of the person to whom the order was issued); prohibited contact includes but is not limited to making a contact by way of personal (verbal or non-verbal), physical, phone, and/or electronic means including social media.
- What is the WVU CARE Team?
The CARE (Collaboration, Assessment, Response, Engagement) Team is a group that
addresses and helps at-risk students obtain the needed support and assistance
to be successful at WVU. Visit the
CARE Team website for additional information regarding the WVU CARE Team.
- Is counseling support available to me?
The University’s Carruth Center provides a variety of short-term counseling,
psychological, and outreach services to students. You can contact the
Carruth Center by calling 304-293-4431. Visit the
Caruth Center website for additional information regarding the Carruth
Center and its services.
Investigation, Report, and Charges
- What happens after a complaint is filed?
The Title IX Coordinator will determine if the complaint falls under Title IX,
BOG Rule 1.6, or the Campus Student Code. The Title IX Case Manager 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 BOG Rule 1.6 cases
can be found on the Division of Diversity, Equity and Inclusion website.
- What is the role of the internal investigator?
T
he 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.
- How long does an investigation take?
The internal investigators strive to complete investigations within 60 business
days. 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.
- What protections or support are provided to me by the University during an investigation?
The University will provide Supportive Measures without a fee to both complainants
and respondents during the investigation. Supportive measures may include,
but are not limited to, moving on-campus housing locations, providing temporary
emergency housing, access to counseling, academic accommodations, changes to
work locations and schedules, access to medical care, and much more. Supportive
measures are case specific and based on the specific circumstances and needs
of the parties. The University also provides a variety of counseling,
psychological, and outreach services to students through the Carruth Center.
You can contact the Carruth Center by calling 304-293-4431.
Visit the
Caruth Center
website for additional information regarding the Carruth Center and its
services.
Additionally, 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 at:
https://wvu.qualtrics.com/jfe/form/SV_0lKdeIGf4QeEUxT.
- Will I be updated on the status of the investigation?
Yes, the assigned internal investigator will send complainants and respondents
a status email every other week while the case is pending.
- Will the other parties see what was said if I participate in an interview?
Yes, confidentiality is never guaranteed. If the investigation is completed,
each party is provided an opportunity to review the investigation report, which
will contain information provided by an individual who is interviewed.
- What if I feel I’m being retaliated against for my participation in an investigation?
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
at:
https://wvu.qualtrics.com/jfe/form/SV_0lKdeIGf4QeEUxT
.
- Can I talk to potential witnesses while the investigation is ongoing?
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. To be
clear, however, students are not restricted in the ability to discuss the allegations
under investigation or to gather and present relevant evidence.
- Do you notify my parents about an investigation?
No, unless you request to have them participate in the process by completing
a Family Educational Rights Privacy Act (FERPA) release which can be found
at the following website:
https://wvu.qualtrics.com/jfe/form/SV_dnkcDJ71bPlSYdL.
- Can my parents be present during an interview?
Yes; however, a student requesting a parent to be present during an interview
will need to submit a Family Educational Rights Privacy Act (FERPA) release
allowing their educational records to be shared with a parent, which can be
found at the following website:
https://wvu.qualtrics.com/jfe/form/SV_dnkcDJ71bPlSYdL
.
- Will the parties have an opportunity to review the Investigation Report?
Yes. Both parties will have an opportunity to review the investigation report prior
to any hearing. In cases that fall under Title IX jurisdiction, the Parties
and their advisors will have 10 calendar days to submit a written response to
the investigation report. Following receipt of the written responses, the
investigator may continue the investigation, if necessary, and must provide the
parties and advisors an additional 10 days to review an updated report.
The investigator will then prepare the final investigative report, which must
be completed and provided to the Parties at least 10 days before the hearing,
if applicable.
- When does the Respondent get “charged” with the misconduct?
If the complaint is not dismissed following the investigation and the parties are
not able to reach an informal resolution, the parties will receive a “Notice
of Charge” specifically identifying the facts and bases for the charge(s) against
the respondent.
Advisors and Attorneys
- What is an advisor?
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.
- Can the Office of Student Rights and Responsibilities provide me with an advisor?
The Office of Student Rights and Responsibilities must provide advisors to students
in matters that are alleged Title IX violations for the purpose of cross examination
during a hearing. These advisors are trained members of the WVU community
including staff and faculty members. For alleged BOG 1.6 violations,
advisors are not guaranteed, but the Office of Student Rights and Responsibilities
will attempt to provide advisors as available. To request an advisor, complete
the form at
https://wvu.qualtrics.com/jfe/form/SV_0vuZki2vqMvfmK1
.
- Can I have an attorney throughout the investigation and process?
Yes, attorneys are welcome to participate in this process but will not be provided
by WVU.
To inform the Office of Student Rights and Responsibilities of your attorney’s
participation, please have your attorney complete the form at
https://wvu.qualtrics.com/jfe/form/SV_9t6iOPtL9J2G2fH
.
To serve as an attorney in the University’s process, the attorney must be licensed
in West Virginia.
- I have an attorney from another state. Can they assist me in this process?
Attorneys licensed in states other than West Virginia can participate in this
process as an advisor rather than an attorney.
Resolution Options, Hearings, and Sanctions
- What are informal and agreed resolutions?
Informal and agreed resolutions are ways to resolve complaints without a hearing
at different times during the process. Both parties and the University
have to agree in writing to the resolution and sanctions imposed. Informal
resolutions cannot be used to resolve student sexual harassment complaints
against an employee in Title IX cases.
- What is an informal resolution?
An informal resolution is a way to resolve a complaint before a charge is issued.
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. 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.
- When can the parties enter an informal resolution?
Either party can request an informal resolution at any time before a charge is
issued. Informal resolutions cannot be used to resolve student sexual harassment
complaints against an employee in Title IX cases.
- What is an agreed resolution?
An agreed resolution is a way to resolve a complaint after a charge is issued
but before a hearing. The Campus Student Code Administrator and the Respondent
may agree on the facts and, if warranted, mutually agreeable sanction(s) to
be imposed. An agreed resolution is a final decision and will not be subject
to any further proceedings, unless a written objection is made to the Student
Code Administrator within one (1) calendar day of the date it was signed.
- When can an agreed resolution be entered?
Once charges have been brought against a Respondent, if the Respondent elects
not to dispute facts upon which the charge or investigation are based, there
will be an opportunity for a formal Agreed Resolution, subject to the approval
of the Office of Student Rights and Responsibilities in consultation with the
complainant.
- What is a hearing?
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.
- When does a hearing take place?
Once the investigation is complete, if the complaint is not dismissed and the
parties are unable to reach an agreed resolution, the matter will typically
proceed to a hearing.
- What is the standard for determining if a Title IX violation occurred?
Preponderance of the evidence is the standard used to determine if a student
is responsible for a violation.
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.
- How will I be notified of the outcome of the hearing in a Title IX case?
If the complaint falls under Title IX, a written “Notice of Outcome” will be
provided to the parties as soon as practical after the hearing. The Notice
of Outcome is typically sent within 10 calendar days following the hearing.
- How will I be notified of the outcome of the hearing in a BOG Rule 1.6 case?
If the complaint falls under BOG Rule 1.6, an “Outcome Letter” will be provided
to the parties that specifies the outcome of the hearing and any sanctions
imposed.
- What is a sanction?
A disciplinary measure that is imposed for a finding of responsibility for a
violation of Title IX, BOG Rule 1.6, or the Campus Student Code.
- What are the possible sanctions for BOG Rule 1.6 and Title IX violations?
Potential sanctions include, but are not limited to, expulsion, suspension, probation,
warnings, loss of privileges, restitution, admission revocation, dismissal
from University housing, community service, educational classes, fines, and
no contact directives.
- If the Respondent is found responsible for the alleged conduct in a Title IX case,
how will the sanctions be determined?
If the complaint falls under Title IX, the parties will have 10 calendar days
following the Notice of Outcome to submit written positions on the appropriate
sanctions. The decision maker will then issue a Notice of Sanctions to
both parties simultaneously, typically within 5 calendar days after receipt
of the written positions, which will set forth the disciplinary sanctions the
University imposes on the Respondent.
- If the Respondent is found responsible for the alleged conduct in a BOG Rule 1.6
case, how will the sanctions be determined?
If the complaint falls under BOG Rule 1.6, the decision maker may receive additional
information during the hearing regarding the Respondent’s academic transcript
and student conduct history, request proposed sanctions from the Respondent,
and hear impact statements by the parties. The decision maker shall deliberate
on the sanctions and issue an Outcome Letter that specifies the outcome of
the hearing, and any sanctions relevant to the complainant.
Appeal Process
- Can I appeal the decision of the hearing decision maker?
Yes. Both the complainant and respondent are entitled to appeal the Notice
of Outcome, Notice of Sanctions, and Outcome Letter determinations.
- How do I appeal the decision of the hearing decision maker?
You will need to write a letter of appeal with any supporting documents and submit
it to the Dean of Students, with a copy to the Student Code Administrator.
- How long do I have to appeal in a Title IX case?
If the complaint falls under Title IX, and the Respondent is found not responsible,
the Parties have 5 calendar days from the issuance of the Notice of Outcome
to appeal. If the Respondent is found responsible, then the Parties will
have 5 calendar days from the issuance of the Notice of Sanctions to appeal
both the outcome and sanctions.
- How long do I have to appeal in a BOG Rule 1.6 case?
If the complaint falls under BOG Rule 1.6, the Parties can appeal the decision
and/or sanction within 5 calendar days from when the Outcome Letter is sent.
- When will the outcome determination be final?
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.
- What protections or support are provided to me by the University following a resolution
or the appeals process?
The University will continue providing supportive measures once the resolution
process is complete, if applicable. Additionally, the Campus Student
Code still applies to all students, and the University prohibits retaliation
against persons who were 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 at:
https://wvu.qualtrics.com/jfe/form/SV_0lKdeIGf4QeEUxT
.
Complainant FAQs
- I confided in my professor/coach/resident assistant and asked them not to tell
anyone. Why did they file a report?
At WVU, faculty members, athletic coaches, residence life staff, and many others
are called “Responsible Employees” and are required to report all behavior
to the Equity Assurance/Title IX Office that might be a violation of BOG Rule
1.6.
- Is there someone I can talk to that won’t initiate an investigation or resolution
process?
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. Counselors at the Carruth Center will also remain
confidential.
- I want to go to the hospital, but I’m afraid that this will get billed to my parent’s
insurance or that the police will get involved.
All WVU students can go to the Emergency Department and receive medical care
and a Sexual Assault Forensic Exam (aka Rape Kit) free of charge. Students
MUST present their ID at the time of service. Victim survivors will get to
decide whether to report to law enforcement or work with an Advocate from RDVIC.
- Who will know if I filed a report?
Outside of 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. The University will not
contact your parents because a report is filed.
- Will the other person know I filed a report about them?
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.
- Do I have to identify the person who caused harm?
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.
- Are there resources available to me if I don’t want to file a complaint?
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.
- I don’t want to participate in the investigation process anymore. What should I
do?
Let the assigned internal investigator or Office of Student Rights and Responsibilities
investigate staff member know right away. In most cases, an informal
resolution may be possible.
- I feel unsafe after filing a complaint. What should I do?
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.
- Someone caused me harm. I want the behavior to stop, but I don’t want anyone to
get kicked out of school or fired. What options do I have?
Share with the assigned internal investigator or Office of Student Rights and
Responsibilities 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.
- I had a bad experience, but I’m not sure it is a policy violation. Where can I
learn more?
You can learn more about WVU’s policies that prohibit discrimination, harassment,
sexual and domestic misconduct, stalking, and retaliation 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.
- I am a complainant, but I don’t want to participate in a hearing. What are my options?
There are many options for complainants who do not wish to participate in a hearing.
In some instances, complaints can be resolved with informal or agreed resolutions
where all parties agree to an appropriate outcome. This could include, but is
not limited to, No Contact Directives and educational measures.
- I don’t want to file a report at this time, but I might change my mind. What
should I do?
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
- How will I be notified that a complaint has been filed against me?
After a complaint is filed and the Title IX Coordinator makes a determination
of whether the complaint falls under Title IX or BOG Rule 1.6, the Title IX
Coordinator will provide a “Notice of Allegations” to the complainant and respondent
and an internal investigator will be assigned to begin the investigation process.
- When will “charges” be brought against me?
Following the investigation, you will have an opportunity to review the investigation
report. If the complaint is not dismissed and the parties are unable
to reach an informal resolution, you will receive a “Notice of Charge” specifically
identifying the facts and bases for the charge.
- Do I have to participate in an investigation if I am accused of misconduct?
Respondents do not have to participate in the investigation process. However,
the investigation will continue with interviews and gathering of evidence even
if the respondent doesn’t participate. A hold may be placed on your student
account until there is a resolution.
Witness FAQs
- Who is a witness?
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.
- 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?
Students are obligated to respond and acknowledge reasonable requests that may
be made by the assigned internal investigator, the Division of Diversity, Equity
and Inclusion, and/or the Office of Student Rights and Responsibilities.
It is the University’s hope that you will agree to be interviewed as you likely
have important information and are a crucial component in the ability to gather
necessary information to resolve a complaint. University employees, however,
are required to participate in all aspects of the investigation process.
- Will I receive a copy of the investigation report or be advised of the outcome
of the investigation?
No. In order to preserve the privacy of complainants and respondents and to comply
with the Family Educational Rights and Privacy Act of 1974 (“FERPA”), when
applicable, the University does not share with witnesses the investigation
report or the outcome of the investigation.
- Can I talk about the complaint with others?
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. However,
witnesses are not bound by confidentiality, and the University may not take
action against you for discussing the complaint or investigation, unless your
actions in doing so violate some other University policy.
- 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?
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
.
