Title IX Sex Based Harassment and Discrimination Policy
Virginia Wesleyan University is committed to providing a safe and inclusive environment for all members of the University community that is free from sex discrimination and sex based harassment (including Sexual Assault, Stalking, Dating Violence, Domestic Violence, or related retaliation). The University is committed to providing options, support, and assistance to individuals whose rights have been violated to ensure that each member of the University community can freely participate in all University programs and activities.
In furtherance of those goals, the University has developed a policy to define prohibited sex discrimination and sex based harassment, establish a mechanism for determining when sex discrimination and sex based harassment has taken place, and provide recourse for members of the University community whose rights have been violated. This policy is intended to be consistent with the University’s obligations under Title IX of the Education Amendments Act of 1972 (“Title IX”) and 34 CFR Part 106, the Clery Act, as amended, and the Violence Against Women Reauthorization Act of 2013 (“VAWA”). The requirements and protections of this policy apply equally regardless of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a complainant, respondent, or witness.
All forms of prohibited conduct under the policy are considered serious offenses by the University, and violations may result in disciplinary action, up to and including separation from the University. State and federal laws also address behaviors that align with the University's definitions of prohibited conduct, and individuals may face criminal prosecution regardless of any University disciplinary measures.
The University expects all members of the University community to be honest and cooperative in their official dealings with the University under this policy. In this regard, individuals are expected to acknowledge requests from university officials for information in a timely fashion and to make themselves available for meetings with University officials or any officials acting on behalf of the University; any student or member of the faculty or staff who fails to do so may be subject to discipline.
For more information, please see HR 3.20 and HR 3.21 in the VWU Policy and Procedure Handbook.
Confidentiality
The University will keep confidential the identity of any individual who has made a report or formal complaint of an alleged violation of this policy, any individual who has been reported to be the perpetrator of such conduct, and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA), or to carry out the purposes of Title IX and its operating regulations, including the need to conduct any investigation, hearing, or judicial proceeding arising thereunder. Any additional disclosure by the University of information related to the report or formal complaint may be made if consistent with FERPA or the Title IX requirements. In addition, governmental agencies, such as the National Science Foundation, may mandate certain reporting related to prohibited conduct under this policy involving University employees or students.
Retaliation
This policy explicitly prohibits retaliation against individuals for bringing good faith complaints of harassment. Any person who retaliates against a complainant shall be subject to disciplinary action up to and including discharge.
False Charges
Purely malicious accusations of harassment are harmful to the personal and professional reputation of the person so accused. The University regards harassment complaints made with malicious intent to be a very serious matter and subject to appropriate sanctions. They may also subject the complainant to civil liability.
Informal and Formal Procedures
Any Virginia Wesleyan University student or employee having a complaint of harassment may raise the matter informally and/or file a formal grievance. The informal process is an attempt to mediate between the parties involved and effect a mutually agreeable solution without entering into a formal hearing/grievance process. An informal complaint may result in disciplinary action only if the appropriate supervisor/vice president is aware of a pattern of complaints regarding harassment involving the accused employee.
A formal procedure will not be initiated without a written, signed complaint. A formal complaint may result in disciplinary action being taken against a person who, as a result of an investigative process, is found to have committed an act or acts of harassment against the individual filing the complaint.
Regardless of whether the complainant raises the matter informally or formally, any allegation of harassment will be taken seriously by the University and will be thoroughly investigated in a timely manner.
Office of the President
Any individual who believes that a harassment complaint did not receive prompt and equitable response after pursuing the appropriate procedures, should inform the Office of the President.
Informal Complaint
Informal resolution, such as mediation or restorative justice, may be offered as an alternative to formal investigation, except in cases where an employee is accused of sex-based harassment of a student or where prohibited by law. Both parties must voluntarily agree in writing, and participation is not a condition of enrollment or employment. Either party can withdraw from the process at any time and resume the formal grievance process. If a resolution is reached, the case is closed; otherwise, the formal investigation continues. Informal resolution is typically completed within 30 days, and records are maintained for seven years.
Formal Complaint
The filing of a formal complaint with the Title IX Coordinator initiates the University's investigation and grievance procedures, which are completed within 90 days, unless extended for valid reasons. Both parties are treated equitably, and all officials must remain unbiased. The respondent is presumed not responsible until the grievance process concludes. Privacy is maintained, but parties can gather and present evidence. Relevant evidence is objectively evaluated, excluding privileged, medical, or irrelevant sexual history unless specific exceptions apply. Credibility determinations are not based on status as complainant, respondent, or witness.
Investigation
The University ensures an impartial investigation of formal sex discrimination complaints by appointing trained investigators to gather evidence. Both parties have equal opportunities to present witnesses and evidence. The University, not the parties, bears the responsibility for conducting the investigation. Parties may have advisors, but they cannot actively participate in the process. Evidence, including that not relied upon in decision-making, is shared with both parties for review. After the investigation, a report summarizing relevant evidence is provided, allowing for a written response. Investigators are trained to ensure the report is fair, and irrelevant information may be redacted.
Appeals
The Sex-Based Harassment Committee of Appeals (SHCA) reviews SHB decisions upon request by either party within five business days of the outcome. Appeals must be based on procedural irregularities, new evidence, or conflicts of interest. Special appeals after the five-day window require Title IX Coordinator approval. The SHCA reviews existing case materials but does not conduct new hearings. Appeals are typically resolved within 10 business days, and both parties are notified of the outcome simultaneously. Minor procedural errors that do not affect the decision do not require further action.