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WVU BOG amends rules as new federal Title IX regulations go into effect

A person sits on a bench outside Woodburn Circle on June 10, 2020

West Virginia University’s Board of Governors took action today (Aug. 14) to implement the new Title IX guidance by the deadline provided in the federal regulations.

Board members voted to amend two BOG rules through the  emergency rulemaking procedure:

The amendments are designed to comply with new Title IX regulations issued by the U.S. Department of Education which go into effect today. In accordance with the emergency rulemaking procedure, these amended rules shall remain in effect no longer than 90 calendar days.

On a parallel path, the Board approved these rules for Notice of Proposed Rulemaking, which is the full rulemaking process necessary to make changes to the rules permanent. As part of the Notice of Proposed Rulemaking, these amended Rules will be posted for public comment for 30 days beginning Monday (Aug.17), and ending on Sept. 16. All public comments received will be posted on the University’s policy website. The University will review all comments received and make appropriate revisions to the Rules before returning to the Board for final approval, likely later this Fall.

“Significantly, the regulations allow institutions to decide to be more protective than the law,” said  WVU Title IX Coordinator James Goins, Jr. “And in that way, West Virginia University views the regulations as setting the floor of what we must do, but we are aiming higher in as many ways as we can.”

Board members, citing West Virginia Code §6-9A-4(b)(9) and (12), entered executive session near the beginning of the meeting to discuss confidential legal, personnel, and deliberative matters, including those related to budget planning as well as the Univesity’s ongoing response to the COVID-19 pandemic. 

When members emerged, they voted to approve the potential naming opportunities discussed during executive session with formal announcements to be determined at a later date.

Additionally, the Board approvedthe transfer of some buildings and property associated with the former West Virginia University Institute of Technology campusin Montgomery to the City of Montgomery. Members also authorized negotiations for additional properties after hearing from Vice President for Strategic Initiatives  Rob Alsop who noted the National Guard’s interest in utilizing facilities at the former  WVU Tech campus.

The next regularly scheduled meeting is set for Sept. 18.