WVU has revised its Title IX policies and procedures and posted training materials outlining the changes on the university website. The changes are in response to new federal regulations issued by the U.S. Department of Education in May and which took effect Aug. 14.
Title IX is a federal civil rights law passed in 1972 that protects people from discrimination based on sex in education programs or activities that receive federal funding. Sexual harassment is one type of discrimination prohibited by Title IX.
“Significantly, the regulations allow institutions to decide to be more protective than the law,” said James Goins, Jr., WVU’s Title IX Coordinator. “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.”
In his role, Goins is responsible for monitoring WVU’s compliance to Title IX and promoting a non-discriminatory and harassment-free campus community. He oversees investigations of all civil rights-based complaints including Title IX complaints and ensures that access to University programs and activities is not prohibited on the basis of sex, sexual orientation, gender identity or gender expression.
Goins said the revisions provide for live hearings to decide allegations of sexual misconduct, and those live hearings can also be conducted virtually using technology.
“These regulations are very lengthy and detailed (2,083 pages),” Goins said. He noted the regulations seek to provide strong due process protections to those who are accused of sexual misconduct, while also balancing the rights of those who experience sexual harassment, assault, dating violence, domestic violence, retaliation and/or sex/gender discrimination. West Virginia courts have long required many of these due process requirements. As a result, many of the new requirements within the federal regulations are not new to the long-standing processes at the University.
“You may have heard a lot about the new regulations from friends or on social media,” Goins said. “Many people who have read them have mixed feelings about them. Honestly, no level of government intervention on anything is going to be all good or all bad, but it is West Virginia University’s goal to emphasize the best parts of the regulations while working to minimize the potentially negative impact of some of the more challenging provisions.”
Goins said WVU complies with all requirements, but there is some latitude for how to interpret the new rules and implement them. WVU provides a number of procedural protections that are important to all members of the campus community, including:
Providing clear notice to anyone accused of misconduct along with a presumption of innocence.
Protections and accountability for students and employees (including faculty and staff).
Conducting a process that is transparent to the participants, where all evidence is known and shared prior to any final decision.
Providing a set of supportive measures to all parties that are designed to effectively bring an end to any hostile environment.
Delivering resolutions to complaints as promptly as possible.
Sanctions for violations of policy.
Vetting process administrators carefully to ensure they are impartial and unbiased.
Appropriate informal resolution opportunities.
To file a complaint regarding discrimination, harassment, sexual and domestic misconduct (including sexual assault), stalking or retaliation, you can fill out an Equity Assurance complaint form online or contact James Goins, Jr. at the Equity Assurance Office at 304-293-5600 or at james.goins@mail.wvu.edu.