Student Organization Title IX Training

When an employee conditions the provision of an aid, benefit, or service of another's participation in unwelcome sexual conduct.

Unwelcome conduct (on the basis of sex) determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity.

Sexual Contact: any (i) intentional touching, either directly, through clothing, or with an object, of the breasts, buttocks, anus or any part of the sex organs of another person; or (ii) intentional touching of any part of another person's body or the actor's sex organ.

Sexual Intercourse: anal, oral, or vaginal penetration, however slight, by an inanimate object or another's body part.

Any act of violence committed by a person who is or has been in a romantic or intimate relationship with the victim. The existence of the relationship is based on a consideration of the length, type, and frequency of interactions.

Behavior of a person directed at another that would cause them to fear for their safety or the safety of others, or suffer substantial emotional distress.

Actual Knowledge

After the institution has actual knowledge of a situation the Title IX Coordinator or designee must:

• Respond promptly to the reported victim.
• Explain the grievance process, including how to file a formal complaint.
• Offer supportive measures regardless of whether the reported victim desires to file a formal complaint.
• Determine if the reported victim wishes to file a formal complaint.

Supportive Measures

Supportive Measures should be designed to restore or preserve equal access to the institution's programs and activities without unreasonably burdening the other party. This includes measures intended to protect the safety of all parties and/or the campus community.

• Non-disciplinary and non-punitive
• Individualized
• Offered as appropriate and reasonably available
• Without fee or charge
• Available to both parties regardless of whether or not a formal complaint is filed

Reporting Process

Filing a formal complaint, which requires the signature of the complainant or the Title IX coordinator, will initiate the resolution process. A formal complaint will trigger the following:

• Options for an informal resolution
• An investigation
• A live hearing
• Rights to appeal

• A fair, impartial, and trained investigator will be assigned to the case. Collects evidence, not a decision maker.
• Notice of investigation will be sent to both parties. Details allegation(s). Statement stating respondent is not responsible until found otherwise. Prohibits false allegations. Cautions retaliation.
• Interviews will be conducted with those listed as witnesses. Evidence such as photos and text messages will be requested in interviews.
• The burden of collecting evidence will fall on the investigator, not the parties.
• Investigator will then determine if the complaint is Title IX harassment or another BOG 1.6 violation.

After the Investigation

• Investigator will prepare a summary.
• Complainants and respondents can review all materials.
• A hearing will take place after a final report is made.

• Investigator will prepare a report to be sent to the Office of Student Rights and Responsibilities (OSSR).
• OSSR will send a notice of charges, if applicable.
• Hearing will take place.

Hearings

• May take place in-person or virtually.
• Complainants are required to be in attendance; the respondent has the right to face their accuser.
• Questions must be relevant to the complaint being investigated. Questions about past sexual conduct and hearsay are generally not considered relevant in a hearing.

Written Determination

• Specifically identifies the allegations as Title IX Sexual Harassment.
• States facts that support the determination.
• States any disciplinary sanctions and remedies.
• Contains information regarding the grounds for appeal and the process for doing so.

Sanctions

• Will be determined based on the nature of the violation and in consideration of aggravating and mitigating factors.
• May have educational, punitive, and protective elements.
• Records are maintained for at least seven years.

Appeals

An appeal may be filed by either party regarding the determination and/or the sanctions. Appeals are only granted if:

• Procedural irregularity affected the outcome or decision.
• New evidence, that was not previously available, could affect the outcome or a decision.
• The Title IX Coordinator, Investigator(s), or Decision-maker had a conflict of interest or a bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome or decision.

Appeal Procedures

• Both parties must be notified, in writing, when an appeal is filed.
• Appeal procedures apply equally to both parties.
• The decision-maker for the appeal may not be the same person who made the decision that is being appealed, the Title IX Coordinator, or the investigator. The appeal decision-maker must be free from bias, conflicts of interest, and trained.
• Both parties have a reasonable opportunity to submit a written statement in support of or challenging the appeal outcome.
• Appeal decisions must be written, describe the results, and the rationale for the result.
• The appeal decision-maker must issue a written decision simultaneously to both parties.

Informal Resolutions

• The parties must voluntarily agree to participate in writing.
• The parties must be informed in writing how the process will work and the possible consequences for participating, which includes information about how the records will be maintained or could be shared.
• The parties must be allowed to withdraw from an informal resolution up until it is finalized.
• Informal resolutions may not be implemented to resolve allegations that an employee engaged in Title IX sexual harassment of a student.

Things to Note

• Complainants and respondents have the opportunity to review the Title IX summary and all the evidence gathered.
• There is no timeline for how long investigations will take.
• Supportive measures can still be put in place if the respondent is found not responsible.
• The outcome letter, which outlines the appeal process, will be addressed to the respondent. However, both parties may file an appeal.
• Most University employees, including RAs, are mandated reporters.
• Formal complaints may be dismissed. Supportive measures are still offered. The dismissal can be appealed by the complainant or respondent. If appropriate, the misconduct will still be investigated and addressed under another process.

Organization Training Requests

The Office of Compliance and Prevention Education offers a range of educational trainings for students, faculty, and staff.

• Request training online. For questions about training options contact 304-293-5600.

Additional Resources

• Full Title IX training materials.
• Reporting options and resources.
• Frequently Asked Questions.
• Learn about the Peer Advocates.

How to File a Complaint

• Submit online via The Office of Compliance and Prevention Education's website.
• Notify WVU's Executive Director of Compliance/Title IX Coordinator, James Goins Jr. 📞 304-293-5600  |  ✉️ james.goins@mail.wvu.edu
• Submit by mail to Office of Compliance and Prevention Education. P.O. Box 6202, Morgantown, WV 26506
• The Anonymous On-Call Line offers information, support, and reporting information 24/7 via call or text. 📞 304-906-9930