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Frequently Asked Questions (For Students)

General FAQs

Overview of BOG Rule 1.6 and Title IX

  1. What types of cases or complaints does the Office of Student Rights and Responsibilities 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. Who determines whether a complaint falls under Title IX or BOG Rule 1.6?
  6. Who is a Complainant?
  7. Who is a Respondent?
  8. Who is WVU’s Title IX Coordinator?

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. What do I do if I need to add or change supportive measures during the process?
  3. What is a no contact directive?
  4. What is the WVU CARE Team?
  5. Is counseling support available to me?

Investigation, Report, and Charges

  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. What protections or support are provided to me by the University during an investigation?
  5. Will I be updated on the status of the investigation?
  6. Will the other parties see what was said if I participate in an interview?
  7. What if I feel I’m being retaliated against for my participation in an investigation?
  8. Can I talk to potential witnesses while the investigation is ongoing?
  9. Do you notify my parents about an investigation?
  10. Can my parents be present during an interview?
  11. Will the parties have an opportunity to review the Investigation Report?
  12. When does the Respondent get “charged” with the misconduct?

Advisors and Attorneys

  1. What is an advisor?
  2. Can the Office of Student Rights and Responsibilities 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?

Resolution Options, Hearings, and Sanctions

  1. What are informal and agreed resolutions?
  2. What is an informal resolution?
  3. When can the parties enter an informal resolution?
  4. What is an agreed resolution?
  5. When can an agreed resolution be entered?
  6. What is a hearing?
  7. When does a hearing take place?
  8. What is the standard for determining if a student is responsible for a violation?
  9. How will I be notified of the outcome of the hearing in a Title IX case?
  10. How will I be notified of the outcome of the hearing in a BOG Rule 1.6 case?
  11. What is a sanction?
  12. What are the possible sanctions for BOG Rule 1.6 and Title IX violations?
  13. If the Respondent is found responsible for the alleged conduct in a Title IX case, how will the sanctions be determined?
  14. If the Respondent is found responsible for the alleged conduct in a BOG Rule 1.6 case, how will the sanctions be determined?

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 in a Title IX case?
  4. How long do I have to appeal in a BOG Rule 1.6 case?
  5. When will the outcome determination be final?
  6. What protections or support are provided to me by the University following a resolution or the appeals process?

Complainant FAQs

  1. I confided in my professor/coach/resident assistant and asked them not to tell anyone. Why did they file a report?
  2. Is there someone I can talk to that won’t initiate an investigation or resolution process?
  3. 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.
  4. Who will know if I filed a report?
  5. Will the other person know I filed a report about them?
  6. Do I have to identify the person who caused harm?
  7. Are there resources available to me if I don’t want to file a complaint?
  8. I don’t want to participate in the investigation process anymore. What should I do?
  9. I feel unsafe after filing a complaint. What should I do?
  10. 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?
  11. I had a bad experience, but I’m not sure it is a policy violation. Where can I learn more?
  12. I am a complainant, but I don’t want to participate in a hearing. What are my options?
  13. 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. When will “charges” be brought against me?
  3. 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?

General FAQs

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

  1. What types of cases or complaints does the Office of Student Rights and Responsibilities investigate?

    2. 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.

  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 jurisdiction, the University’s process can be found in Section 12 of the Campus Student Code on the Student Rights and Responsibilities website.

  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 in Section 11 of the Campus Student Code on the Student Rights and Responsibilities website.

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

    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.

  6. Who is a Complainant?

    7. 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.

  7. Who is a Respondent?

    8. 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.

  8. Who is WVU’s Title IX Coordinator?

    9. 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

  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 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.

  2. Can I file a report online?

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

  3. Who can file a report?

    4. 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.

  4. Who is required to file a report?

    5. 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.

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

    6. 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.

  6. Can I file an anonymous report?

    7. 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.

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

    8. 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

  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 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.

  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 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.

  3. What is a no contact directive?

    4. 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.

  4. What is the WVU CARE Team?

    5. 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.

  5. Is counseling support available to me?

    6. 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

  1. What happens after a complaint is filed?

    2. 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.

  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 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.

  4. What protections or support are provided to me by the University during an investigation?

    5. 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.

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

    6. Yes, the assigned internal investigator will send complainants and respondents a status email every other week while the case is pending.

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

    7. 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.

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

    8. 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 .

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

    9. 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.

  9. Do you notify my parents about an investigation?

    10. No, unless you request to have them participate in the process by completing a Family Educational Rights Privacy Act (FERPA) release.

  10. Can my parents be present during an interview?

    11. 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 .

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

    12. 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.

  12. When does the Respondent get “charged” with the misconduct?

    13. 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

  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 Office of Student Rights and Responsibilities provide me with an advisor?

    3. 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 .

  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 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.

  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.

Resolution Options, Hearings, and Sanctions

  1. What are informal and agreed resolutions?

    2. 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.

  2. What is an informal resolution?

    3. 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.

  3. When can the parties enter an informal resolution?

    4. 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.

  4. What is an agreed resolution?

    5. 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.

  5. When can an agreed resolution be entered?

    6. 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.

  6. What is a hearing?

    7. 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.

  7. When does a hearing take place?

    8. 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.

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

    9. 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.

  9. How will I be notified of the outcome of the hearing in a Title IX case?

    10. 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.

  10. How will I be notified of the outcome of the hearing in a BOG Rule 1.6 case?

    11. 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.

  11. What is a sanction? 

    12. 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.

  12. What are the possible sanctions for BOG Rule 1.6 and Title IX violations?

    13. 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.

  13. If the Respondent is found responsible for the alleged conduct in a Title IX case, how will the sanctions be determined?

    14. 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.

  14. If the Respondent is found responsible for the alleged conduct in a BOG Rule 1.6 case, how will the sanctions be determined?

    15. 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

  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, Notice of Sanctions, and Outcome Letter determinations.

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

    3. 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.

  3. How long do I have to appeal in a Title IX case?

    4. 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.

  4. How long do I have to appeal in a BOG Rule 1.6 case?

    5. 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.

  5. When will the outcome determination be final?

    6. 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.

  6. What protections or support are provided to me by the University following a resolution or the appeals process?

    7. 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

  1. I confided in my professor/coach/resident assistant and asked them not to tell anyone. Why did they file a report?

    2. 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.

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

    3. 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.

  3. 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.

    4. 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.

  4. Who will know if I filed a report?

    5. 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. 

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

    6. 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.

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

    7. 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.

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

    8. 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.

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

    9. 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.

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

    10. 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.

  10. 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?

    11. 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.

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

    12. 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. 

  12. I am a complainant, but I don’t want to participate in a hearing. What are my options?

    13. 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.

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

    14. 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?

    2. 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.

  2. When will “charges” be brought against me?

    3. 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. 

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

    4. 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

  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. 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. 

  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 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.

  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. 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.

  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 .