WEST LIBERTY UNIVERSITY
BOARD OF GOVERNORS POLICY #32
DISCRIMINATION, HARASSMENT, SEXUAL HARASSMENT, SEXUAL
MISCONDUCT, DOMESTIC MISCONDUCT, STALKING, RETALIATION, AND
RELATIONSHIPS
BOARD OF GOVERNORS POLICY #32
Effective date: 08/14/2020 Page 1 of 19
Approval Date: December 9, 2020
Effective Date: August 14, 2020
Revision History: December 11, 2006, November 25, 2014, June 8, 2016; August 14, 2020
President’s Signature: On File
SECTION 1: Purpose and Scope
1.1 West Liberty University is committed to fostering a diverse and inclusive culture
by promoting diversity, inclusion, equality, and intercultural and intercommunity
outreach.
1.2 The University does not discriminate on the basis of race, color, national origin,
ancestry, age, physical or mental disability, marital or family status, pregnancy,
veteran status, service in the uniformed services (as defined in state and federal
law), religion, creed, sex, sexual orientation, genetic information, gender identity,
or gender expression in the administration of any of its educational programs,
activities, or with respect to admission or employment.
1.3 This Policy sets forth how Discrimination, Harassment, Sexual Harassment,
Sexual Misconduct, Domestic Misconduct, Stalking, Retaliation, and certain
relationships will be addressed by the University, including Sexual Harassment
prohibited by Title IX.
SECTION 2: Delegation
2.1 The Board of Governors delegates to the President or the President’s designee
the authority to adopt additional internal anti-discrimination policies and
procedures to effectuate the implementation of this Board of Governors Policy or
in furtherance of any other authority that the Board of Governors has specifically
delegated to the President pursuant to this Policy, including adopting any Title IX
grievance procedures required by the federal regulations. Any actions taken
pursuant to this delegation must be consistent with the guidelines provided by
this Policy.
SECTION 3: Jurisdiction
3.1 West Liberty University is committed to promoting the goals of fairness and
equity in all aspects of the educational enterprise. The University prohibits
Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic
Misconduct, Stalking, and Retaliation as defined in this Policy (collectively
referred to as “Prohibited Conduct”) by or against any Member of the University
Community occurring within the University's Jurisdiction.
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BOARD OF GOVERNORS POLICY #32
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3.2 There are two types of jurisdiction covered by this Policy: Title IX jurisdiction and
General jurisdiction.
3.2.1 Title IX Jurisdiction: Formal Complaints of "Sexual Harassment (Quid Pro
Quo)", "Sexual Harassment (Hostile Environment)", "Sexual Assault",
"Domestic Misconduct", and "Stalking" that occur in a University Education
Program or Activity and within the United States will be covered by Title IX
jurisdiction. Those instances are referred to as "Title IX Sexual
Harassment."
3.2.1.1 Title IX jurisdiction does not apply if: (1) the conduct alleged in
the Formal Complaint would not constitute Sexual Harassment
as defined in this policy, (2) the conduct alleged did not occur in
a University Education Program or Activity, or (3) the conduct
alleged did not occur against an individual in the United States.
3.2.1.2 Title IX Prohibited Conduct are subject to the University Title IX
Procedures.
3.2.2 General Jurisdiction: All other complaints of Prohibited Conduct will be
within the University's jurisdiction if the behavior (a) occurs on University
premises; (b) occurs off-campus and would unreasonably interfere with
the educational or orderly operation of the University community, its
mission, or its objectives determined by a reasonable person; or (c) occurs
off-campus and in light of all of the facts and circumstances, would
endanger the health and safety of the University community.
3.2.2.1 General jurisdiction Prohibited Conduct are subject to
disciplinary action under University Policies and Procedures and
the Student Code of Conduct.
SECTION 4: Prohibited Conduct
4.1 Discrimination
4.1.1 “Discrimination” means conduct that is based upon an individual’s race,
color, national origin, ancestry, age, physical or mental disability, marital or
family status, pregnancy, veteran status, service in the uniformed services
(as defined in state and federal law), religion, creed, sex, sexual
orientation, genetic information, gender identity, or gender expression and
excludes an individual from participation, denies the individual the benefits
of, treats the individual differently or otherwise adversely affects a term or
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BOARD OF GOVERNORS POLICY #32
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condition of an individual’s employment, education, living environment or
participation in a University program or activity. This includes failure and
refusal to provide reasonable accommodation, consistent with state and
federal law, to persons with disabilities. It does not, however, include
programs or activities specifically exempt by law. See, e.g., 20 U.S.C. §
1681(a).
4.2 Harassment
4.2.1 “Harassment” means conduct that creates a Hostile Environment, as
defined below, and is based upon an individual’s race, color, national
origin, ancestry, age, physical or mental disability, marital or family status,
pregnancy, veteran status, service in the uniformed services (as defined in
state and federal law), religion, creed, sex, sexual orientation, genetic
information, gender identity, or gender expression. Harassment may take
various forms, including, but not limited to, name-calling, graphic or written
statements (including the use of social media, text messages, e-mail, or
other similar forms), or other conduct that may be physically threatening,
harmful, or humiliating. Harassment does not necessarily have to include
intent to harm, be directed at a specific target, or involve repeated
incidents. Harassment also includes Sexual Harassment, which is defined
below.
4.3 Sexual Harassment
4.3.1 “Sexual Harassment” means uninvited and unwelcome verbal or physical
conduct on the basis of sex, including sexual orientation and gender
identity.
4.3.1.1 Sex based Harassment includes Sexual Harassment and Non-
Sexual Harassment based on stereotypical notions of what is
female/feminine versus male/masculine or a failure to conform
to those gender stereotypes.
4.3.1.2 In determining whether alleged conduct constitutes Sexual
Harassment, consideration shall be given to the record as a
whole and to the totality of the circumstances, including the
nature of sexual behavior and the context in which the alleged
incident(s) occurred.
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4.3.1.3 Sexual Harassment may occur between people of the same sex
or people of different sexes. Examples of Sexual Harassment
may include, but are not limited to, unsolicited, deliberate, or
repeated touching, sexual flirtation, advances or propositions
which are not welcomed and/or desired; unwelcome jokes,
stories, comments, innuendos, or other sexually oriented
statements which are specifically designed to embarrass or
humiliate through their sexual subject matter content;
unwelcome sexual communication such as graphic or degrading
comments about one’s gender related to personal appearance;
unwelcome display of sexually explicit materials, objects, or
pictures in an individual’s place of work or study, such as
viewing material on computers or other electronic devices where
others can see. Importantly, these and any other examples in
this Policy, are provided only for illustration purposes and all
conduct must still meet the applicable definitions in the Policy
before rising to the level of prohibited conduct.
4.3.2 Title VII Sexual Harassment
4.3.2.1 Title VII is a federal employment-discrimination statute that
prohibits Discrimination and Harassment in employment on the
basis of sex. The University is required to address Title VII
prohibited acts if the University knew or should have known
about the conduct, unless it can show that it took immediate and
appropriate corrective action; no Formal Complaint is required.
4.3.2.2 Title VII prohibits acts of Sexual Harassment include, but are not
limited to, unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
constitute Sexual Harassment when (1) submission to such
conduct is made either explicitly or implicitly a term or condition
of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
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4.3.2.2.1 Discrimination against an individual because of
gender identity, including transgender status, or
because of sexual orientation is Discrimination on
the basis of sex in violation of Title VII.
4.3.2.3 Title VII Sexual Harassment does not have to be of a sexual
nature, however, and can include offensive remarks about a
person's sex. The victim does not have to be the person
harassed but can be anyone affected by the offensive conduct.
Unlawful Harassment may occur without economic injury to, or
discharge of, the victim. The law does not prohibit simple
teasing, offhand comments, or isolated incidents that are not
very serious. The harasser can be the victim's supervisor, a
supervisor in another area, a co-worker, or someone who is not
an employee of the WLU, such as a student. Title IX Sexual
Harassment in the employment context constitutes Title VII
Sexual Harassment.
4.3.2.4 Whether Harassment is severe or pervasive enough to be illegal
is made on a case-by-case basis. Title VII Sexual Harassment
includes all Title IX Sexual Harassment and Sexual Exploitation
as defined by this Policy.
4.3.3 Title IX Sexual Harassment
4.3.3.1 Title IX Sexual Harassment means conduct on the basis of sex
that satisfies one more of the following categories:
4.3.3.1.1 “Quid Pro Quo” Sexual Harassment occurs when a
University employee conditions the provision of an
aid, benefit, or service of the University on an
individual’s participation in unwelcome sexual
conduct.
4.3.3.1.2 “Hostile Environment” means unwelcome conduct
determined by a reasonable person to be so severe,
pervasive, and objectively offensive that it effectively
denies a person equal access to the University’s
Education Programs or Activities.
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4.3.3.1.3 Clery Act violations, including “Sexual Assault” as
defined in 20 U.S.C. 1092(f)(6)(A)(v), “Dating
Violence” as defined in 34 U.S.C. 12291 (a)(10),
“Domestic Violence” as defined in 34 U.S.C.
12291(a)(8), and “Stalking” as defined in 34 U.S.C.
12291(a)(30).
4.4 Hostile Environment
4.4.1 “Hostile Environment” means a situation where an individual is subjected
to any conduct based on the reasons set forth in Sections 4.2 or 4.3 and
that conduct, determined by a reasonable person, is so severe, pervasive,
and objectively offensive that it effectively denies a person equal access to
the University's programs or activities.
4.4.2 A Hostile Environment can be created by anyone involved in a University
program or activity (e.g., administrators, faculty members, students, and
even campus guests). Mere offensiveness is not enough to create a
Hostile Environment. Although repeated incidents increase the likelihood
that Harassment has created a Hostile Environment, a serious incident,
even if isolated, can be sufficient to create a Hostile Environment.
4.4.3 In determining whether Harassment has created a Hostile Environment,
consideration will be made not only as to whether the conduct was
unwelcome to the person who feels harassed, but also whether a
reasonable person in a similar situation to the Complainant would have
perceived the conduct as sufficiently severe, pervasive, and objectively
offensive. Also, the following factors will be considered:
4.4.3.1 The degree to which the conduct affected one or more students’
education or individual’s employment; the nature, scope,
frequency, duration, and location of incident or incidents; the
identity, number, and relationships of persons involved; and the
nature of Higher Education.
4.5 Sexual Misconduct
4.5.1 “Sexual Misconduct” means “Sexual Assault” or “Sexual Exploitation,” as
defined below. While "Sexual Assault" is included in the definition of "Title
IX Sexual Harassment", "Sexual Exploitation" is not.
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4.5.1.1 “Sexual Assault” means an offense that meets the definition of
Rape, Fondling, Incest or Statutory Rape as used in the FBI’s
Uniform Crime Reporting system. A sex offense is any sexual
act directed against another person, without that person’s
Consent (including instances where the victim is incapable of
giving Consent), and includes each of the following:
4.5.1.1.1 “Rape” means (i) sexual intercourse, or (ii) oral or
anal sexual intercourse, or (iii) use of an object or
instrument to unlawfully penetrate, however slightly,
the genital or anal opening of the body of another
person, either (A) forcibly and/or against that person’s
will, or (B) against the person’s will in instances where
the victim is incapable of giving Consent because of
his/her youth or because of his/her temporary or
permanent mental or physical incapacity.
4.5.1.1.2 “Fondling” means touching of the private body parts of
another person for the purpose of sexual gratification,
forcibly and/or against that person’s will or not forcibly
or not against the person’s will in instances where the
victim is incapable of giving Consent because of
his/her youth or because of his/her temporary or
permanent mental or physical incapacity.
4.5.1.1.3 “Incest” means nonforcible sexual intercourse
between persons who are related to each other within
the degrees wherein marriage is prohibited by law.
4.5.1.1.4 “Statutory Rape” means nonforcible sexual
intercourse with a person who is under the statutory
age of Consent. In West Virginia, the age of Consent
is sixteen (16).
4.5.1.1.5 “Consent” is defined as agreement, approval, or
permission as to some act or purpose that is given
knowingly, willingly, and voluntarily by a competent
person. Silence, by itself, cannot constitute Consent.
Consent to one sexual act does not constitute or
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imply Consent to a different sexual act. Previous
Consent cannot imply Consent to future sexual acts.
Consent is required regardless of the parties’
relationship status or sexual history together.
4.5.1.1.6 A person is not competent and therefore lacks the
ability to “Consent” where there is either “Forcible
Compulsion” or “Incapacity to Consent.”
4.5.1.1.6.1 “Forcible Compulsion” means (i)
physical force that overcomes such
earnest resistance as might reasonably
be expected under the circumstances;
(ii) threat or intimidation, expressed or
implied, placing a person in fear of
immediate death or bodily injury to
himself or herself or another person or
in fear that he or she or another person
will be kidnapped; or (iii) threat or
intimidation, express or implied, that the
aggressor will retaliate or cause damage
to the victim’s reputation if the victim
does not give into the aggressor’s
sexual advances.
4.5.1.1.6.2 “Incapacity to Consent” means that
person is (i) either less than sixteen
years old; (ii) mentally incapacitated; (iii)
physically unable to resist; or (iv) is so
intoxicated as to be incapacitated (i.e.,
unable to knowingly and intentionally
make decisions for him or herself).
4.5.1.1.6.3 Intoxication from alcohol or drug use,
alone, does not bar Consent.
4.5.1.1.6.4 Incapacitation negates Consent when
the alleged perpetrator knows, or a
reasonable person, under the
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circumstances, should know, that the
alleged victim is incapacitated.
4.5.1.2 “Sexual Exploitation” means taking sexual advantage of another
person without his or her Consent.
4.5.1.2.1 Sexual advantage includes, without limitation, causing
or attempting to cause the incapacitation of another
person in order to gain a sexual advantage over such
other person; causing the prostitution of another
person; recording, photographing or transmitting
identifiable images of private sexual activity and/or the
intimate parts of another person; allowing third parties
to observe private sexual acts; disclosing, causing to
be disclosed or threatening to disclose, with the intent
to harass, intimidate, threaten, humiliate, embarrass,
or coerce, an image of another which shows the
intimate parts of the depicted person or shows the
depicted person engaged in sexually explicit conduct
which was captured under circumstances where the
person depicted had a reasonable expectation that
the image would not be publicly disclosed; and
engaging in voyeurism.
4.6 Domestic Misconduct
4.6.1 “Domestic Misconduct” means “Domestic Violence” and “Dating Violence”
as defined below.
4.6.1.1 “Domestic Violence” means Domestic Violence as defined
under the Clery Act and W. Va. state law.
4.6.1.1.1 Under the Clery Act, Domestic Violence means a
felony or misdemeanor crime of violence committed
by a current or former spouse or intimate partner of
the victim; by a person with whom the victim shares a
child in common; by a person who is cohabitating
with, or has cohabitated with, the alleged victim as a
spouse or intimate partner; by a person similarly
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situated to a spouse of the alleged victim under the
domestic or family violence laws of the jurisdiction in
which the crime of violence occurred; or by any other
person against an adult or youth victim who is
protected from that person’s acts under the domestic
or family violence laws of the jurisdiction in which the
crime of violence occurred.
4.6.1.1.2 Under W. Va. state law, “Domestic Violence” or
“Abuse” means the occurrence of one or more of the
following acts between Family or Household
Members, as defined under W. Va. Code: (1)
Attempting to cause or intentionally, knowingly or
recklessly causing physical harm to another with or
without dangerous or deadly weapons; (2) Placing
another in reasonable apprehension of physical harm;
(3) Creating fear of physical harm by Harassment,
stalking, psychological abuse or threatening acts; (4)
Committing either sexual assault or sexual abuse as
those terms are defined in W. Va. Code; and (5)
Holding, confining, detaining or abducting another
person against that person's will.
4.6.1.1.2.1 For purposes of this subsection, “Family
or Household Members” means persons
who: (i) are or were married to each
other; (ii) are or were living together as
spouses; (iii) are or were sexual or
intimate partners; (iv) are or were
dating: provided, that a casual
acquaintance or ordinary fraternization
between persons in a business or social
context does not establish a dating
relationship; (v) are or were residing
together in the same household; (vi)
have a child in common regardless of
whether they have ever married or lived
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together; or (vi) have the relationships
described in W. Va. Code § 48-27-204.
4.6.1.2 “Dating Violence” means violence committed by a person who is
or has been in a social relationship of a romantic or intimate
nature with the victim and where the existence of such a
relationship shall be determined based on a consideration of the
following factors: (i) the length of the relationship; (ii) the type of
relationship; and (iii) the frequency of interaction between the
persons involved in the relationship.
4.6.1.2.1 The view of the Complainant shall generally be
controlling in determining whether such a relationship
existed.
4.6.1.2.2 Dating Violence includes, but is not limited to, sexual
or physical abuse or the threat of such abuse. Dating
Violence, for purposes of this Policy, does not include
emotional abuse.
4.7 Stalking
4.7.1. “Stalking” means engaging in a Course of Conduct directed at a specific
person that would cause a Reasonable Person to: (i) fear for his or her
safety or the safety of others; or (ii) suffer Substantial Emotional Distress.
4.7.1.1 “Course of Conduct” means two or more acts, including, but not
limited to, acts in which the stalker directly, indirectly, or through
third parties, by any action, method, device, or means, follows,
monitors, observes, surveils, threatens, or communicates to or
about a person, or interferes with a person's property.
4.7.1.2 A “Reasonable Person,” for purposes of this definition, means a
reasonable person under similar circumstances and with similar
identities to the Complainant.
4.7.1.3 “Substantial Emotional Distress,” for purposes of this definition,
means significant mental suffering or anguish that may, but
does not necessarily, require medical or other professional
treatment or counseling.
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4.8 Retaliation
4.8.1 No individual may intimidate, threaten, coerce, or discriminate against any
individual either in person, virtually, electronically or through a third-party
for the purpose of interfering with any right or privilege secured by Title IX,
Title VII, or this Policy, or because the individual has made a report or
complaint, testified, assisted, or participated or refused to participate in
any manner in an investigation, proceeding, or hearing under this Policy.
4.8.2 Intimidation, threats, coercion, or Discrimination, including charges against
an individual for violations that do not involve sex discrimination or Sexual
Harassment, but arise out of the same facts or circumstances as a report
or complaint of sex discrimination, or a report or Formal Complaint of
Sexual Harassment, for the purpose of interfering with any right or
privilege secured by Title IX or this part, constitutes Retaliation.
4.8.3 The exercise of rights protected under the First Amendment does not
constitute prohibited Retaliation.
4.9 False Statements
4.9.1 Making a materially false statement in bad faith in the course of a
grievance proceeding under this part does not constitute prohibited
Retaliation under this Policy, provided, however, that a determination
regarding responsibility, alone, is not sufficient to conclude that any Party
made a materially false statement in bad faith.
SECTION 5: Consensual Relationships
5.1 There are inherent risks in any Consensual Relationship between individuals in
unequal or closely related positions. Thus, except as otherwise provided in
Section 5.2, any Consensual Relationships in which power differentials are
inherent are prohibited, which include, but are not limited to, the following:
5.1.1 Relationships between students or applicants for admission and
administrators, Faculty, coaches, athletic trainers, or any other Member of
the University Community where a direct power differential exists;
5.1.1.1 Faculty, staff, or other Members of the University Community
are prohibited from or attempting to initiate, pursue, or engage
in a relationship (consensual or non-consensual) with a student
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whom the individual evaluates, supervises, instructs, advises, or
otherwise has authority or control over.
5.1.2 Relationships between Members of the University Community holding a
direct or indirect supervisory and/or evaluative role over the other person
in the relationship.
5.2 Notwithstanding the prohibitions in Section 5.1, any Consensual Relationship
prohibited in Section 5.1 that exists prior to the creation of a power differential
between the individuals involved in the Consensual Relationship shall not violate
this Policy if (i) the individuals in the relationship report the existence of the
relationship as required in Section 5.3 upon the creation of the power differential
and (ii) the individuals consent to the removal or mitigation of any conflict of
interest, disruption, or other legitimate occupational or educational interest.
5.2.1 When a party reports the relationship, all involved parties will be contacted
to verify the report, review the policy, and determine administrative action.
Addressing such a situation may require appropriate administrative action,
including but not limited to, shifting or otherwise relocating an employee to
a separate department or reporting capacity from the other individual
involved in the relationship or the shifting of grading or other decision-
making responsibilities of a Faculty member which affect a particular
student in the case of a pre-existing relationship with that student.
5.3 If a relationship develops that falls under Sections 5.1 or 5.2, the student,
applicant for admission, or employee involved in the Consensual Relationship
must timely report the existence and termination, if any, of such relationship as
follows:
5.3.1 Students or applicants for admission shall report to the Vice President of
Student Services/Registrar.
5.3.2 Employees shall notify their immediate supervisor AND the Chief Human
Resources Officer.
5.4 Once a relationship is reported under Section 5.3, the Vice President of Student
Services/Registrar, Provost and/or Academic Dean, and the Chief Human
Resources Officer, respectively, shall inform the persons involved in the
Consensual Relationship of West Liberty University’s standards concerning
Consensual Relationships, may set parameters while the persons are on
campus, and may take other steps as appropriate to remove or mitigate any
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conflict of interest, disruption, or other legitimate occupational or educational
interest.
5.4.1 However, if no suitable way to eliminate or mitigate the conflict is
reasonably feasible, an employee may be separated from employment at
the University.
5.4.2 Those involved in these types of Consensual Relationships must remain
aware that such relationships could lead to circumstances that result in
Harassment, Sexual Misconduct, or Domestic Misconduct. Additionally,
others may perceive a person involved in the Consensual Relationship as
receiving favorable treatment in employment or educational decisions.
5.5 Issues may also arise in the educational setting or workplace from Consensual
Relationships between students or applicants for admission and other Members
of the University Community or between West Liberty University employees
where a direct or indirect supervisory and/or evaluative role or other power
differential does not exist between the persons in the relationship. Thus, while
not prohibited, such relationships are highly discouraged.
5.6 Persons who engage in any Consensual Relationship prohibited by Section 5.1
or who engage in any relationship listed in Sections 5.2 and who fail to timely
report shall be subject to administrative action up to and including termination of
employment or dismissal from West Liberty University, as applicable.
Section 6: Coordination
6.1 The President or the President’s designee shall appoint University employees to
serve as the University’s Title IX Coordinator, the University’s Section 504 and
ADA Coordinator and any other coordinators necessary to assist in the
implementation of this Policy. The Coordinators shall work directly with the
President's Office, Provost’s Office, General Counsel’s Office, Human
Resources, Office of Student Conduct, and University Police Department in
implementing an anti-discrimination and Title IX program.
6.2 The University shall design and administer a comprehensive anti-discrimination
and Title IX program that develops appropriate procedures for the reporting and
investigation of complaints regarding allegations of Prohibited Conducted,
including specific grievance procedures for complaints covered by Title IX
jurisdiction.
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SECTION 7: Reporting
7.1 Any Member of the University Community who has witnessed, been subject to, or
is aware of any of the Prohibited Conduct under this Policy is strongly
encouraged to report any concerns to the Title IX Coordinator of the Chief
Human Resources Officer.
7.2 All Responsible Employees must report incidents of Title IX Prohibited Conduct
to the Title IX Coordinator at:
Kate Billings, Title IX Coordinator
208 University Drive, CUB 104
West Liberty, WV 26074
Phone Number: 304.336.8580
E-mail: [email protected]
SECTION 8: Procedures for Filing Complaint
8.1 Any Member of the University Community who believes he or she has been
subject to any of the Prohibited Conduct may file a complaint, including a Formal
Complaint of Title IX Sexual Harassment. Where appropriate, the University Title
IX Coordinator may also file a complaint, including a Formal Complaint of Title IX
Sexual Harassment, on behalf of a Complainant.
8.2 The University shall formulate a procedure to investigate and respond to all
complaints regarding alleged misconduct in violation of this Policy.
8.3 For any Title IX Sexual Harassment, as referenced above in Section 4.3.3, the
University shall adopt grievance procedures that meet the requirements of 34
C.F.R Part 106, specifically 34 C.F.R. §§ 106.44, 106.45.
8.4 In all cases, complaints will be handled in such a manner so as to achieve a
prompt and equitable resolution. Further, the University will take the appropriate
steps to end the misconduct, prevent any further misconduct or Retaliation,
remedy the effects of misconduct, and eliminate any Hostile Environment that
has been created.
8.5 Any investigation resulting from a complaint will be separate from and in addition
to any criminal investigation that may result.
8.6 If any individual is found to have intentionally or maliciously been dishonest,
reckless, or frivolous in reporting allegations of a violation under this Policy, the
individual will be subject to appropriate disciplinary action.
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SECTION 9: Confidentiality
9.1 The University respects the privacy of those reporting Prohibited Conduct and
will endeavor to respect requests for confidentiality if possible. However, the
University has certain legal obligations to address Prohibited Conduct and to
prevent its recurrence and, as a result, cannot guarantee confidentiality.
9.2 When the University must proceed with an investigation against the wishes of a
Complainant, the University will take necessary steps to address any safety and
other considerations relevant under the circumstances. In determining whether a
Complainant’s request for confidentiality can be maintained, the University may
consider a range of factors and evaluate the request in the context of its
responsibility to provide a safe and nondiscriminatory environment for all
Members of the University Community.
9.3 Confidential resources are available for Members of the University Community
who have been subject to Prohibited Conduct. Specifically, individuals may
contact the on-campus mental health counselors, campus health services, or
clergy members.
SECTION 10: Violations of Policy
10.1 Any Faculty, Staff, or University volunteer who violates this Policy shall be
subject to appropriate disciplinary action, including suspension, termination, or
other disciplinary action as may be appropriate.
10.2 Any Student who violates this Policy shall be subject to appropriate disciplinary
action, including, in accordance with the Student Code of Conduct, suspension,
expulsion, or other disciplinary action as may be appropriate.
10.3 Other Members of the University Community (excluding Faculty, Staff, Students,
and University volunteers which are discussed above) who violate this Policy
shall be subject to appropriate corrective action, including, but not limited to,
issuance of a no trespass order or cancellation of relationship with the University.
10.4 The University encourages Complainants to contact local law enforcement to
report incidents of Prohibited Conduct that may also be crimes under criminal
statutes. In addition, where appropriate under the circumstances, Prohibited
Conduct that constitutes a criminal law violation will be referred to the authorities
for prosecution.
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10.5 Furthermore, although conduct may not violate this Policy, it may still be
prohibited by the University under a different policy, or standard of behavior.
Accordingly, the University reserves the right to take any appropriate action.
SECTION 11: Free Expression, Academic Freedom, And Accountability
11.1 Free expression and academic freedom at the University are necessary to
enable the institution to reach its goals to engage students in a challenging
academic environment; excel in research, creative activity, and innovation in all
disciplines; foster diversity and inclusion; advance international activity and
global engagement; and enhance the well-being and the quality of life of the
people of West Virginia.
11.2 Consequently, while this Policy seeks to protect Members of the University
Community from Discrimination, Harassment, Sexual and Domestic Misconduct,
certain Consensual Relationships, Stalking, and Retaliation, it should be read in
conjunction with Board of Governor Policies regarding free expression and
academic freedom.
SECTION 12: Definitions
12.1 “Complainant” means an individual who is alleged to be the victim of conduct that
could constitute Sexual Harassment (under Title IX) or other Prohibited Conduct
by this Policy that is reported to the University or, where appropriate, the
University when proceeding on a complaint when the alleged victim is
unavailable or unwilling to participate.
12.2 “Consensual Relationship” means a mutually acceptable romantic amorous,
dating or sexual relationship between individuals.
12.3 “Education Program or Activity” includes locations, events, or circumstances over
which WLU exercises substantial control over both the Respondent and the
context in which the Prohibited Conduct occurs. Education program or activity
also includes any building owned or controlled by an officially recognized student
organization.
12.4 “Faculty” means the class of individuals who are specifically appointed as such
by the President including, but not limited to, faculty with academic rank as well
as such professional personnel such as librarians, faculty equivalents, adjuncts,
and academic professionals.
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12.5 “Formal Complaint” means a document (including an electronic submission) filed
by a Complainant or signed by the Title IX Coordinator alleging Sexual
Harassment against a Respondent about conduct within WLU’s Education
Program or Activity and requests that the school investigate the allegation of
Sexual Harassment.
12.6 “Member of University Community” means (i) an individual engaged in any
University activity or program, whether on or off campus; (ii) any individual
lawfully on University property; (iii) any individual that is a University student,
Faculty, Staff, University official, University volunteer, or a University visitor; and
(iv) any vendor or contractor, including that vendor’s or contractor’s employees
and independent contractors, who are working on campus.
12.7 “President” means the President of West Liberty University or the President’s
designee.
12.8 “Respondent” means an individual or recognized student organization or team
reported to be the perpetrator of Prohibited Conduct in an initial report or Formal
Complaint.
12.9 “Responsible Employee” means those employees in a leadership or supervisory
position, or who have significant responsibility for the welfare of students or
employees. Specifically, this term includes: Title IX Coordinator; University Police
Officers; Senior Administrators in Residence Life, Student Life, and Athletics;
University Senior Administrators, including Senior Administrators within each
College or School; Resident Assistants; Faculty; and Athletic Team Coaches and
their Staff.
12.10 “Staff” means any employee, including temporary or part time employees, of the
University.
12.11 “Student” means any individual subject to the West Liberty University Board of
Governors Policy 54, Student Privileges, Rights and Responsibilities.
SECTION 13: Authority
13.1 W. Va. Code §§ 18B-1-6, 18B-2A-4; Title VII of the Civil Rights Act of 1964, 42
U.S.C. §§ 2000e to 2000e-17; Title IX of the Education Amendments of 1972, 20
U.S.C. § 1681; the West Virginia Human Rights Act, W. Va. Code §§ 5-11-1 to -
20; the Campus Sexual Violence Elimination Act, 20 U.S.C. § 1092, and the
Violence Against Women Act of 1994, 42 U.S.C. § 13925; 34 C.F.R. Part 106.
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SECTION 14: Revision History
14.1 Approved by the WLSC Board of Governors on Dec. 11, 2006. Revision
approved by the WLU Board of Governors Executive Committee on Nov. 25,
2014. Revision approved by the WLU Board of Governors on June 8, 2016.
Revision approved by the WLU Board of Governors on October 14, 2020 under
BOG Policy 23, Section 5, Emergency Circumstances to comply with new
regulations effective August 14, 2020. Revision approved by WL Board of
Governors on December 9, 2020.
