WVU STUDENT HANDBOOK - THE MOUNTIE
Effective January 1983 Revised November 1987

Back to Main Menu

West Virginia University Policy on Sexual Harassment

WEST VIRGINIA UNIVERSITY POLICY AND PROCEDURE REGARDING SEXUAL HARASSMENT FEBRUARY 1995

I. POLICY STATEMENT

West Virginia University is committed to providing faculty, staff, and students with a work and educational environment free from all forms of sexual harassment. Therefore, sexual harassment, in any manner or form, of students and employees of West Virginia University is a violation of university policy and expressly prohibited.

All faculty, students, and staff of the university are expected to:

· engage in conduct that meets professional standards;

· remain sensitive to the effect of their actions and words on others;

· take appropriate action to prevent sexual harassment;

· avoid behavior that might be construed as sexual harassment; and

· acquaint themselves with this policy.

Those in positions of supervisory authority have a special responsibility to discourage sexual harassment and to implement and enforce this policy. Violators of this policy are subject to disciplinary action that may include sanctions as severe as discharge of an employee or expulsion of a student. In addition, acts of sexual harassment that constitute sexual battery or other violations of criminal law will be referred to the appropriate authorities for prosecution.

II. LEGAL BASIS

Sexual harassment is prohibited by:

· The 1980 Equal Employment Opportunity Commission interpretive guideline of Title VII of the Civil Rights Act of 1964.

· A policy statement by the Office of Civil Rights interpreting Title IX of the Educational Amendments of 1972.

· West Virginia Human Rights Act.

· Board of Trustees' Series No. 9: Policy Regarding Sexual Harassment, currently in revision.

III. ACCOUNTABILITY

Under the President, the Director of Affirmative Action and Equal Opportunity (AA/EO) Programs, through the Executive Officer for Social Justice, shall ensure compliance with this policy. The Director of Affirmative Action and Equal Opportunity, in conjunction with the Deans and Vice Presidents, shall implement this policy.

IV. DEFINITIONS

Sexual Harassment:

Consistent with Series No. 9 and guidelines promulgated by the United States Department of Education, West Virginia University uses the EEOC definition of sexual harassment:

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

(1) submission to such conduct is an explicit or implicit condition of employment;

(2) submission to or rejection of such conduct is used as the basis for employment decisions; or

(3) such conduct has the purpose or effect of:

(a) unreasonably interfering with an individual's work or educational performance; or

(b) creating an intimidating, hostile, or offensive work or educational environment. Consensual relationships may include amorous or romantic relationships and conduct which passes beyond a platonic relationship.

V. POLICY

A. REQUIREMENTS:

1. WVU prohibits sexual harassment by any faculty, staff, or student. The university is committed to creating and maintaining a work environment for all university personnel and students that is free of inappropriate and disrespectful conduct and communication of a sexual nature. The university will not tolerate conduct of a sexual nature that interferes with an individual's work performance or creates an intimidating, hostile, or offensive working or learning environment.

2. In determining whether the 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 advances and the context in which the alleged incident(s) occurred.

3. Listed below are examples of verbal and physical conduct that may constitute sexual harassment. This type of conduct may occur not only between faculty/students or supervisor/employee of different sexes, but also between student/students, faculty/faculty, staff/staff, and people of the same sex. Examples of conduct that may be considered sexual harassment include the following:

· Pressure, subtle or overt, for sexual favors, accompanied by implied or overt threats concerning one's job, grades, letters of recommendation, or physical well-being;

· Insults, humor, jokes, and/or anecdotes that belittle or demean an individual's or a group's sexuality or sex;

· Unwelcome comments or inquiries of a sexual nature about an individual's or a group's sexuality or sex;

· Inappropriate displays of sexually suggestive objects or pictures which may include, but are not limited to, posters, pin-ups, and calendars;

· Unauthorized entering of rest rooms and other locations reserved for the exclusive use of the opposite sex;

· Unnecessary and unwelcome touching, such as patting, pinching, hugging, or repeated brushing against an individual's body; and

· sexual assault.

B. CONSENSUAL RELATIONSHIPS

Although the university acknowledges that consensual relationships are within the realm of individual privacy, it is necessary to advise that these relationships, particularly those occurring between supervisors and staff members, or faculty members and students, can lead to circumstances which can be interpreted as sexual harassment.

C. STUDENT-TEACHER RELATIONSHIPS

The university views as inappropriate any amorous relationship involving a teacher and student where the teacher has authority, influence, or responsibility with regard to that student. Persons engaging in such conduct may be subject to disciplinary action.

D. SUPERVISORY-EMPLOYEE RELATIONSHIPS

The university views as inappropriate any amorous relationship involving an executive, manager, or supervisor and a staff employee where the superior has authority, influence, or responsibility with regard to that employee. Persons engaging in such conduct may be subject to disciplinary action.

E. CONFIDENTIALITY

The confidentiality of all parties involved in a sexual harassment charge shall be strictly respected insofar as it does not interfere with the university's obligation to investigate allegations of misconduct and to take corrective action.

Oral Inquires to the AA/EO office:

Oral questions and inquiries regarding possible harassment may or may not include the target's or harasser's name. The AA/EO office staff will discuss the situation with the individual and recommend steps the complainant may take toward resolution of the problem, or may refer the inquirer to other appropriate sources of assistance. The AA/EO office does not conduct investigations of oral inquiries, but if requested by the complainant, may act as a mediator or may consult confidentially with the person at whom an oral complaint is directed.

F. DISHONEST OR FRIVOLOUS COMPLAINTS

If the allegations of sexual harassment are not substantiated, all reasonable steps shall be taken to protect the reputation of the accused. Moreover, if the complainant is found to have intentionally or maliciously been dishonest or frivolous in making the allegations, the complainant shall be subject to appropriate disciplinary action.

VI. COMPLAINT PROCEDURES

A. Requirement for Filing Complaints

a. Any applicant for employment, current or former employee, or student (herein referred to as complainant) at WVU may file a discrimination complaint with the AA/EO office.

b. A complaint may be filed with the AA/EO office without first discussing the issues with any other university official. However, it is encouraged that individuals first attempt to resolve the complaint by bringing the issue to their supervisor or next level supervisor.

c. A complaint should be filed within 30 days following the alleged discriminatory act, or the date on which the complainant knew or reasonably should have known of said act.

d. The complaint must be filed with the AA/EO Social Justice Office.

B. Further Provisions on Time Limits

All of the time limits contained within this complaint procedure may be extended with the approval of the Affirmative Action Officer or his/her designee.

C. Discrimination Complaints Filed with Other WVU Departments or Units

Any complaint relating to discrimination on the basis of age, color, disability, national origin, race, religion, sex (including sexual harassment), sexual orientation, or veteran status that is filed with another WVU department or unit shall be referred to the AA/EO office within twenty-four hours, or the next working day.

D. Responsibilities:

1. The employee, job applicant or student is responsible for:

a. Whenever possible attempting to resolve complaints through an immediate supervisor or next level supervisor. If such discussions fail to resolve the complaint, the complainant may seek a review of his/her complaint in accordance with the steps outlined below.

b. Contacting the AA/EO office for advice and/or counseling if there is a concern about being discriminated against or harassed, and

c. Filing a discrimination complaint with the AA/EO office if the situation remains unresolved.

2. The AA/EO office is responsible for:

a. Receiving a complaint and assisting the complainant in defining the charge and completing the complaint form.

b. Apprising the person(s) named in the complaint (herein referred to as the respondent) and his/her administrative office of the allegation and notifying them that no retaliation may occur.

c. Assisting the individuals named in the complaint in interpreting the charge.

d. Obtaining a response to the complaint within ten (10) working days after receipt of the allegations.

e. Upon receipt of the response from the respondent named in the complaint, investigating the complaint further if necessary and appropriate. The AA/EO office shall have access to all necessary documents, the right to interview witnesses, and the ability to bring together the complainant and respondent, if desirable.

f. Upon completion of the investigation, issuing a finding on the case to all individuals named in the complaint within twenty (20) working days. If the evidence supports a finding that there is no basis for a charge of illegal discrimination, the AA/EO office shall indicate this conclusion to the complainant and advise him/her that the case is closed.

g. Making recommendations for the resolution of the complaint if unlawful discrimination is found, and

h. Monitoring the recommendations for implementation, and seeing that appropriate action is taken without retaliation against the complainant or respondent.

3. The respondent is responsible for:

a. Providing a response to the charge within ten (10) working days after receipt of the charge.

b. Taking no retaliation or reprisal against the complainant, others related to the complainant, or persons involved in the complaint investigation.

4. The respondent's supervisor is responsible for:

a. Providing a response to the AA/EO office within seven (7) business days of the action taken with reference to the AA/EO recommendations.

b. Taking no retaliation or reprisal against the complainant, others related to the complainant, or persons involved in the complaint investigation. This policy does not prohibit the employer from taking disciplinary action in appropriate circumstances.

VII. RESPONSIBILITIES

1. The director, manager, or supervisor is responsible for:

a. Consulting with the AA/EO staff as quickly as possible and before taking any action, but preferably within five (5) working days after knowledge of the situation when he/she is aware of a problem where sexual harassment is suspected or alleged. Even if the nature or gravity of the alleged sexual harassment is not entirely clear to the supervising authority, it nevertheless must be reported. The report may be verbal but must include: - the names of the complainant and alleged harasser, - date of incident(s), - the nature of harassing actions, and - the department(s) in which the parties are located.

b. taking no action on an alleged sexual harassment problem without prior consultation with the AA/EO office except in situations which may require immediate action.

c. reporting a sexual harassment problem requiring immediate intervention by the university to the AA/EO office that same day. In the case of evenings, holidays, or weekends, the AA/EO office is to be advised on the next working day.

2. The employee, job applicant, or student is responsible for: bringing questions about procedures, seeking informal advice, or presenting a complaint if alleged sexual harassment has occurred or is suspected to his/her immediate supervisor and/or the AA/EO office.

3. The AA/EO office is responsible for:

a. acting as a sounding board for the supervisor's plan of action or advising the supervisor on appropriate resolutions within the reporting department or unit.

b. providing advice and guidance in response to oral inquiries regarding possible sexual harassment.

c. investigating formal complaints involving sexual harassment and reporting findings and recommending solutions and/or disciplinary action to the person responsible for the department in which the harassment occurred.

Report:

· Campus-Department of Public Safety (304)293-3136

· City-Morgantown Police Department (304)284-7522

· County/State-Sheriff's Office (304)291-7260

· Rape and Domestic Violence Information Center (304)292-5100

· University (WVU)-Sexual Assault Education/Prevention Program (304)293-6972

Support Services:

· Rape and Domestic Violence Information Center (304)292-5100 (Hotline 24-hour advocacy)

· University Health Services (304)293-2311 (medical, psychiatric resources)

· Dean of Student Life (304)293-5611

· Monongalia Health Department (304)598-5100 (free, confidential testing for sexually transmitted diseases, including HIV)

· University Advising Center (304)293-5805 (academic advising)

· University (WVU) Sexual Assault/Education Specialist (304)293-1377

· WVU Student Assistance Program (304)293-6972

· WVU Carruth Counseling and Psychological Services Center (304)293-4431

· Residence Life (resource for changes in living arrangements) (304)293-5079

Sexual Assault Procedures:

The following procedures relating to allegations of rape, acquaintance rape, sexual assault, sexual abuse, and all sex offenses, forcible or nonforcible, are adhered to in all West Virginia University judicial hearings as described in the West Virginia University Code of Student Rights and Responsibilities.

If you are accused of a sexual assault/offense or if you are accusing another student of a sexual assault/offense, you should be aware of the following student rights and responsibilities as they relate to hearings conducted by the WVU Committee on Student Rights and Responsibilities:

1. The accuser and the accused are entitled to the same opportunities to have an adviser present during such disciplinary hearing. Advisers may consult with the accused or accuser, whomever they accompany, but may not speak directly without permission of the Chair.

2. Students have the option to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying these authorities, if the student chooses to do so. In cases involving the potential for suspension or expulsion, the accused and the accuser may arrange at their own expense for legal counsel to be present in an advisory capacity at the hearing. Such counsel may consult with the accused or accuser, whomever they accompany, but may not speak directly at the hearing. The WVU Office of Judicial Programs must be notified within 48 hours of the hearing if legal counsel is to be present.

3. Both the accused and the accuser shall be informed of the outcome of such a judicial hearing, including the findings and any sanctions.

Initiating Protocol

A. Immediate Medical Care and Treatment

Any student who feels he/she has been sexually assaulted and requires medical attention is encouraged to contact the SEXUAL ASSAULT EDUCATION/PREVENTION OFFICE at (304)293-6972 OR (304)293-1377.

Department of Public Safety (304)293-3136

Ruby Memorial Hospital (304)598-4171

University Health Services (304)293-2311

Morgantown Police Station (304)284-7522 (off campus)

All conversations and both informal and formal proceedings having to do with a complaint of sexual assault are kept confidential. Campus professionals providing medical and judicial services are sensitive to the importance of confidentiality in these matters.

The sooner a sexual assault is reported, the easier it is to collect valuable evidence and initiate support services for the victim. Within 72 hours of the assault, the medical evaluation and rape evidence exam are available through Ruby Memorial Hospital. Students who choose to have this service can have their billing for this procedure paid for by University Health Service. To facilitate evidence collection the victim:

· should not bathe or douche;

· should not eat or brush their teeth if oral contact has occurred;

· should place soiled clothing in a paper bag (plastic bags destroy crucial evidence) to be taken to the emergency room or police department.

The University Health Service is also available for medical evaluation. Medical attention is crucial for assessing internal injuries, sexually transmitted diseases, and possible pregnancy.

University police may transport the victim to the hospital for medical attention. If the victim does not want to contact the police, a friend or relative may transport the student to the hospital. When the victim arrives at the emergency room, the hospital will offer to call the Rape and Domestic Violence Information Center (304-292-5100) to arrange for a volunteer advocate to accompany the victim throughout the exam if she/he chooses.

If the assault takes place off campus, the Morgantown Police Department (304)284-7522 is available to facilitate this process with the victim.

The victim is strongly urged to seek appropriate medical attention. It is crucial in assessing possible injuries, as well as in collecting medical evidence should the victim choose to prosecute. Police will be contacted by the hospital to take possession of evidence collected while the victim makes a decision whether to pursue charges or not. Follow-up medical services can be arranged through the University Health Service.

B. Reporting

All victims of sexual offense are encouraged to report the incident to the University Sexual Assault Education and Prevention Program at (304)293-6972 or (304)293-1377. Regardless of whether the victim chooses to immediately involve law enforcement officials, the victim is strongly urged to seek medical attention.

A student may also choose to file a report with the Office of Student Life. The student will have the opportunity to discuss the report and determine whether there is a reason to believe a student conduct code offense has occurred. At this same time, judicial procedures will be reviewed, and the possible options a victim can pursue toward the resolution of the complaint will be explored.

When it is determined that there exists sufficient reason to believe a violation of the student code has occurred, disciplinary procedures may be initiated.

A student filing a report of sexual offense occurring in the residence halls will meet with his/her resident assistant or resident director to discuss this report and determine if a violation of policy has occurred. At the appropriate time, the University Housing and Residence Life judicial process will be explained. Also, it will be determined whether the severity of the report warrants further discussion of this incident and whether it should be referred to the Office of Student Life for further review.

Sexual offenses of any form will not be tolerated. Possible sanctions for sexual assault or other sexual offenses by the institution following an on-campus disciplinary hearing are as follows:

· Housing and Residence Life may issue a variety of sanctions specifically related to residence hall living ranging from letters of warning to termination of the student's housing contract and referral to the Student Life Office for further action.

· Student Life may take actions ranging from issuing a letter of warning to the expulsion of the student. In instances where student organizations are involved, these organizations can have sanctions taken against them.

· The university police will refer the incident to Student Life or Residence Life after conferring with the county prosecuting attorney and/or they may also obtain arrest warrants and seek prosecution under state statue.

Violations of the University Policy and Procedures on Sexual Assault by its faculty, employees, and students are also subject to disciplinary measures.

C. Follow-up Support Services

Support services are available whether the victim chooses to report the assault to law enforcement or not. Research indicates that follow-up support efforts are of significant benefit to a victim/survivor of sexual assault.

Dissemination: Education; Training

The Sexual Assault Education and Prevention Program was created in 1987 to increase awareness, encourage prevention, provide a resource center, and offer information and assistance for survivors of sexual assault and their families. There are many videotapes, books, brochures, and periodicals available for viewing. There are also several special events that focus on the issues of sexual offense. For more information, please call (304)293-6972 or (304)293-1377.

When a sexual assault victim makes contact through the Sexual Assault Education and Prevention Program, the victim will automatically be assigned an advocate. The advocate will provide:

1) initial crisis intervention services and

2) information on options for further assistance and reporting, including:

- right to confidentiality - medical and emotional support - academic intervention

- contact with law enforcement authorities and the university conduct system

- physical protection, relocation, relocation of, or other limitations on the reported perpetrator(s), if known

- support with/for significant others and friends

The advocate will obtain written consent from the assault victim in accordance with his/her wishes for the release of any information on the assault. The victim will be advised not to make contact with the alleged perpetrator(s).