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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

Informal Resolutions

  • Voluntary and both parties provide written consent.  Any party can withdraw and resume formal grievance process

Investigation

  • 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

Investigation Report

  • 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

Agreed Resolution

  • Both parties agreed to applicable facts and sanctions

Hearings

  • 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.

Appeals

  • 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.

Title IX Grievance Process Flowchart 

Title IX Grievance Process - Simple Flowchart

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