“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.
Scope of Title IX
Title IX applies to institutions that receive federal financial assistance from the Department of Education, including state and local educational agencies. In addition to WVU, these agencies include approximately 16,500 local school districts, 7,000 post-secondary institutions, as well as charter schools, for-profit schools, libraries, and museums.
Did you know that Title IX isn’t just about equity for students who play sports? In fact, it covers an area that affects employees and faculty members at work, as well. Title IX creates equity for faculty, staff, and students. It covers sexual violence, sex or gender-based discrimination, including stalking, relationship violence, bullying, and sexual misconduct.
The regulations regarding Title IX of the Education Amendments of 1972, can be found on the Department of Justice website.
WVU’s Title IX obligations touch all areas of the campus community including, recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. WVU and members of the campus community may not retaliate against any person filing a complaint against the University or another campus community member for participating in an investigation of a complaint.
Obligations under Title IX
Once a school knows or reasonably should know of possible sex-based discrimination or harassment, including sexual violence, it must take immediate and appropriate action to investigate.
If a Title IX incident is reported, prompt and immediate steps to end the sexual violence, prevent its recurrence, and address its effects MUST be taken.
The institution must also
- Take steps to protect the Reported Victim as necessary, including interim measures taken prior to the final outcome of the investigation.
- Provide a grievance procedure for students to file complaints of sex discrimination, including reports of sexual violence.
- Equal opportunity for both parties to present witnesses and other evidence.
The institution's grievance procedures must use the preponderance of evidence standard to resolve complaints. This standard of evidence is like saying “50% + a feather”. The institution must also notify both parties of the outcome of the complaint and appeal rights. The Reported Victim and the Respondent both have equal rights to notification, and each are informed of their appeal rights and action of the other person.
Pregnancy
Sex discrimination includes discrimination based on pregnancy and such discrimination is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage. Title IX requires that pregnant students be treated the same way as a student with any other temporary disability, and they must be given an opportunity to make up missed work wherever possible. Under Title IX, WVU provides reasonable accommodations to those who are pregnant or who experience a pregnancy-related condition.
Should you need assistance in managing an accommodation request, contact WVU’s Title IX Coordinator, James Goins Jr at (304) 293-5600 or james.goins@mail.wvu.edu or WVU’s ADA Coordinator, Jill Hess at (3040 293-5600 or jill.hess@mail.wvu.edu.
For more information about pregnancy in higher education, visit The Pregnant Scholar.
Title IX Coordinator
The Title IX Coordinator is responsible for overseeing and monitoring WVU’s compliance to Title IX to promote a non-discriminatory and harassment-free campus community. The Title IX Coordinator oversees investigations of all civil rights-based complaints, including Title IX complaints, and ensuring that access to University programs and activities is not prohibited on the basis of sex, sexual orientation, gender identity, or gender expression.
West Virginia University's Title IX Coordinator is:
James Goins Jr.
Title IX Coordinator and Director of Equity Assurance
Phone: (304) 293-5600 Email:
james.goins@mail.wvu.edu
Questions? Want to know more about Title IX at WVU?
Title IX helps to foster an inclusive, safe, and respectful University environment. In addition to knowing who WVU’s Title IX Coordinator is, you should also be knowledgeable of why Title IX is important to you, and our University community, what your rights are, who is confidential and who isn’t. You can request a Title IX training or meet with a Title IX staff member by calling 304-293-5600. To learn more about Title IX, what it does, and to whom it applies, check out http://knowyourix.org
Resources and Reporting
- Resources and Reporting
- 20 U.S.C. §§ 1681-1688
- Title IX Info Website