Title IX Process Summary
Formal Complaint — Filed by Complainant or Title IX Coordinator (diversity.wvu.edu)
Parties provided Supportive Measures
- Case reviewed for Interim Suspension
- Does the case fall under the jurisdiction of Title IX (1) Sexual Harassment (2) Occurs in educational programs or activity and (3) within the US?
- Mandatory Dismissal (1) Does not constitute sexual harassment; (2) did not occur in education program or activity (3) Did not occur in the United States. *Parties may appeal
- Discretionary Dismissal (1) Complainant notifies Title IX Coordinator in writing of withdrawal; (2) Respondent no longer enrolled; specific circumstances prevent gathering of evidence sufficient to reach a determination. *Parties may appeal
- Dismissed Cases are sent to Office of Student Conduct
- Voluntary and both parties provide written consent. Any party can withdraw and resume formal grievance process
- Notice of the allegations to the parties: identities of the parties involved; the alleged conduct and policy violated; the date and location of the incident
- Written notice that the “party is presumed to be not responsible”
- Equal opportunity to provide evidence, including expert witnesses
- Equal opportunity to inspect and review evidence that directly related to the allegations – even evidence the University does not intend to use
- Consequences for providing knowingly false statements or false information
- Right to an advisor of choice
- Burden of proof & gathering evidence on the university
- No restriction on ability to discuss investigation
- Draft report: at least 10 days before, the parties must be able to submit a written response, which will be considered before completion of the report
- Final Investigation Report: fairly summarizes relevant evidence (including written responses by parties) and provide at least 10 days before a hearing in electronic or hard copy
- Both parties agreed to applicable facts and sanctions
- Advisors conduct cross-examination which must be “directly, orally, and in real time” and relevant (provided by university, if needed)
- Live hearing--parties must “see and hear” the party/witnesses answering questions
- Hearing tribunal decides relevancy of information
- Sexual predisposition/prior sexual behavior is not relevant
- The hearing tribunal cannot rely on any statement by any party or witness, who is not subject to cross
- No inferences can be drawn based solely on absence.
- There must be a transcript/recording
Outcome Letter/Notice of Sanctions - Sent to both parties
- There must be a written determination and it must include:
- The specific section(s) of the code alleged to have been violated.
- A description of all the steps taken from the receipt of the formal report through the hearing.
- Specific descriptions of all “findings of fact” that support the determination.
- Conclusions regarding the application of the “findings of fact” to the alleged violations.
- A statement and rationale with respect to each allegation, including determination, sanctions, and remedial measures.
- Procedures for appeal, including the bases upon which the parties may appeal.
- Both parties may appeal
- Procedural irregularity that affected outcome of the matter;
- New evidence that could affect the outcome of the matter;
- Conflict of interest or bias that affected the outcome of the matter.
- Must be a written decision of the result of the appeal.