The West Virginia University Title IX Office and the Division of Diversity, Equity and Inclusion work together to process and investigate reports of sexual assault and sexual harassment — among other offenses prohibited under WVU conduct regulations — as well as to educate students on Title IX policies, consent and bystander intervention.
Assistant Director for Prevention and Education in the Division of Diversity, Equity and Inclusion Amy Kittle said Title IX policies and procedures are nuanced because they are thoroughly regulated — not just for WVU, but for all colleges and universities.
All forms of discrimination and harassment, including sexual harassment, are prohibited at WVU under BOG Governance Rule 1.6. The rule provides definitions of the various forms of discrimination and harassment for Title IX. It also outlines where the university does and does not have the jurisdiction to respond to an incident, provides reporting procedures, establishes who at the university has a duty to report an incident and states the confidentiality and anonymous reporting policies of the university.
New regulations
Title IX was given new regulations that went into effect last August. Prior to the implementation of those regulations, WVU had one policy and one procedure as to how it would respond to sexual assault reports. While WVU still has the same policy regarding sexual assault, it is now afforded two procedures under BOG Governance Rule 1.6 — Process A and Process B.
Kittle said these two processes are conducted based on whether a report meets the strict Title IX definition of sexual harassment, which includes on-campus sexual assault. Process A is how the university responds to reports that meet those Title IX definitions and jurisdiction. Process B is how the university responds to all other forms of discrimination and harassment as well as instances of sexual assault, stalking and domestic violence that do not meet the Title IX definitions or jurisdiction but are still prohibited under university policy.
Choose A or B
Once an incident is reported to the Title IX Office or the Office of Equity Assurance, a case manager reaches out to the complainant and offers supportive measures. There is then an initial assessment that determines whether the report will be handled under Process A or Process B.
If a case is going to be handled under Process B, it is dismissed under Process A. If a case is going to be handled under Process A, the complainant can decide whether or not to file a formal complaint. If the complainant decides to file a formal complaint, it will move forward with an investigation.
If appropriate, informal resolutions are also possible. Informal resolutions cannot be used when it is alleged that a faculty member has engaged in sexual harassment against a student.
If a claim proceeds to investigation, both parties will receive a notice of investigation that includes the allegations. When the investigation is completed, there will be a formal hearing and decisions can be appealed.
“There’s a lot of rules and nuances in that process, but that’s a general overview of that Process A,” Kittle said.
The beginning of Process B is similar to Process A — the report is sent to the Title IX Office or Equity Assurance Office; supportive measures are offered, and an assessment is conducted to make sure Process B is the appropriate mechanism to resolve the complaint. Student cases are transferred to the Office of Student Conduct and employee cases are transferred to Employee Relations.
Just as with Process A, Process B cases could be investigated or informally resolved. If it is a student case, there still might be a formal hearing. If it is a faculty or staff case, it goes through a determination of factual findings and an outcome is reached and provided to the authorities.
“It’s a little more straightforward,” Kittle said.
She said there is a lot of detail in each step of both processes, including rules as to when a claim can and cannot be dismissed or a decision can be appealed.
‘Responsible employees’
All faculty, athletic coaches and many staff members on campus are referred to in BOG Governance Rule 1.6 as “responsible employees.” This means they are required to report any known incidences of discrimination or harassment, whether they actually witness the incident, or a student discloses an incident to them. Responsible employees file reports with the Title IX Office or the Office of Equity and Assurance, and there is an immediate outreach and offer of supportive measures to the complainant. Title IX regulations now mandate supportive measures be offered to respondents, too.
Supportive measures
These supportive measures include counseling, changing class schedules and changing dorm rooms. WVU students who choose to go to Ruby Memorial Hospital for treatment or examination in response to a sexual assault can do so without the visit being billed to their insurance, if they show their WVU student identification card.
If needed, WVU will work with complainants to help them with academic or financial aid concerns.
The supportive measures offered are specific to the nature of the incident, what the complainant needs and what is appropriate under the circumstances, Kittle said.
Anonymous and confidential employees at the university include Carruth Center counselors, employees of Ruby Memorial Hospital and staff at WVU’s LGBTQ+ Center. Employees of the Rape and Domestic Violence Information Center (RDVIC) also fall into this category. Since they are not affiliated with the university, any communications between an RDVIC staff member and a WVU student are confidential.
Kittle said WVU has anonymous reporting options available.
“The Prevention and Education team operates an anonymous, 24-hour a day text-call line students can call or text. We’ll help people access supportive measures, explain how the process works, answer questions about the process and explain different ways people can report, so people can make informed decisions about what they want to do. WVU’s Carruth Center and RDVIC are confidential places people can receive support as well,” Kittle said.
Reporting options
Students have additional reporting options outside the Title IX Office or the Office of Equity and Assurance at WVU. WVU’s Division of Diversity, Equity and Inclusion provides a list of reporting options for students, as well as a list of some of the supportive measures offered by the university.
“They can choose to speak with somebody in the Equity Assurance Office and file a formal complaint. They can choose just to receive support and resources. They could also choose to report to law enforcement. To the extent possible, we try to really respect the decision of that person,” Kittle said.
Kittle said the department of Prevention and Education offers education to students surrounding Title IX, consent and bystander intervention in an effort to prevent instances of sexual harassment and sexual assault.
This education is dispersed in multiple ways. Incoming WVU students are required to complete online training modules regarding consent, Title IX and bystander intervention. Student groups, including athletic teams, Greek Life students, Honors program students and student leaders are offered training and workshops that evolve and can be specialized based on their needs.
“We have a myriad of trainings that we offer and a team of dedicated educators,” Kittle said.
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READ MORE:
‘Every case is different’: WVU Police discuss how they handle sexual assault reports
Today’s articles are two in a series written to raise awareness about sexual assault.
Coming up next:
MAY 23: What resources WVU’s Carruth Center offers to students.
MAY 30: A look at the area’s Rape & Domestic Violence Information Center (RDVIC) and Monongalia County Child Advocacy Center: Their missions, resources and more.
