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Law and Policies

Title IX

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. Title IX of the Education Amendments of 1972 states that {20 U.S.C. § 1681(a)}:

“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.”

Title IX Requirements

A school “shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities” under the law, including the investigation of complaints.”

A school shall “notify all its students and employees of the name, office address, and telephone number of the employee(s) appointed.”

At West Virginia University our Title IX Coordinator is:
James Goins, Jr
Director of Equity Assurance/Title IX Coordinator
1085 Van Voorhis Road, Suite 250
Morgantown, WV 26501
(304) 293-5600
James.Goins@mail.wvu.edu

Scope of Title IX

Title IX applies to institutions that receive federal financial assistance from Department of Education, including state and local educational agencies. 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. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.

Recently, the 2011 Title IX Guidance, known as the “Dear Colleague Letter” (DCL), discussed the obligations schools have to address campus sexual violence. While the DCL is not law, it tells schools how the Department will review and enforce Title IX complaints.

The 2011 DCL focuses on how sexual harassment and violence creates a hostile educational environment in violation of Title IX when it is serious enough to interfere with a student’s ability to learn or participate in educational or extracurricular activities. For the purposes of a Department of Education investigation, one single instance of sexual violence is sufficient to qualify as creating a hostile educational environment.

Title IX helps to foster a 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 emailing Mariana at Mariana.Matthews@mail.wvu.edu or Brooke at BaBailey@mail.wvu.edu or by calling 304-293-5600.

Board of Governors Policies at WVU

Discrimination, Harassment, Sexual & Domestic Misconduct, Stalking, and Retaliation

West Virginia University is committed to fostering a diverse and inclusive culture by promoting diversity, inclusion, equality, and intercultural and intercommunity outreach. Accordingly, the University does not discriminate on the basis of race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression in the administration of any of its educational programs, activities, or with respect to admission or employment. Policy 44 sets forth how discrimination, harassment, sexual and domestic misconduct, certain consensual relationships, stalking, and retaliation will be addressed by West Virginia University. Read Policy 44 here:

BOG Policy 44: Policy Regarding Discrimination, Harassment, Sexual & Domestic Misconduct, Stalking, and Retaliation

University Student Conduct and Discipline Policy

The purpose of Policy 31 is to encourage West Virginia University students to engage in proactive and intentional efforts to build connections and relationships with their community and to set forth a policy regarding student conduct and discipline at West Virginia University. Read Policy 31 here:

BOG Policy 31: University Student Conduct and Discipline Policy

To establish written rules, regulations, and procedures concerning student conduct and discipline for the main campus of West Virginia University (“University”). Read the Procedure here:

Student Conduct Code and Discipline Procedure for the Main Campus of West Virginia University

Children on Campus

The purpose of this policy is to protect the children on West Virginia University’s premises or involved in University sponsored programs at all geographic locations by providing guidance on reporting requirements for child abuse or neglect; providing guidelines for appropriate supervision of children; ensuring that West Virginia University and its divisional campuses comply with federal and state laws and regulations regarding the employment of children. Read Policy 49 here:

BOG Policy 49: Children On Campus

Complaint and Investigation Process

The Complaint and Investigation Process outlines guidelines and procedures regarding complaints of Discrimination, Harassment, Sexual and Domestic Misconduct, and Stalking against non-students at West Virginia University.

Complaint and Investigation Process

You can always meet with a Title IX employee to discuss the complaint and investigation processes. Know your confidential and reporting resources and employees by exploring the Title IX team page.

To file a complaint regarding discrimination, harassment, sexual and domestic misconduct (including sexual assault), stalking, or retaliation, click here:

Title IX Complaint

Seeking help?

If you are fearful for yourself or another person in your current environment or situation call 911 immediately.

Find an emergency contact

West Virginia University Campus Police: 304-293-3136.

WELLAWARE

An interactive bystander intervention training program that teaches students to realistically and effectively intervene in high-risk situations.

Learn more about WELLAWARE

File a complaint

File a complaint regarding discrimination, harassment, sexual & domestic misconduct (including sexual assault), stalking, or retaliation.

File now

Prevention Programs

Learn more about sexual assault and power-based personal violence prevention programs offered at West Virginia University.

View available programs.

WVU Peer Advocates

Get involved and make a difference

West Virginia University signed onto the national It’s On Us campaign in 2015 to continue violence prevention efforts and reinforce Mountaineers’ rights under Title IX.

Under the It’s On Us campaign, the University coordinates the WVU Peer Advocate program. Through this initiative, expertly trained students work to end sexual assault and power-based personal violence on campus through immediate crisis intervention and prevention awareness events.

Any student is welcome and encouraged to become a WVU Peer Advocate and can become involved by contacting a Title IX Education Specialist.

  • To RECOGNIZE that non-consensual sex is sexual assault.
  • To IDENTIFY situations in which sexual assault may occur.
  • To INTERVENE in situations where consent has not or cannot be given.
  • To CREATE an environment in which sexual assault is unacceptable and survivors are supported.
Take the Pledge