Equal Employment Opportunity/Affirmative Action

West Virginia State University, “the University,” is an Equal Employment Opportunity (EEO) and Affirmative Action (AA) institution of higher education that is committed to providing working and learning environments that are free of discrimination, harassment, coercion,intimidation, or bullying. 

 

We are inclusive and welcoming to persons from all racial, ethnic, social and cultural backgrounds. The University is enriched both educationally and socially by the diversity of its student and employee  population; and this diversity enhances our image and success as we continue to grow in stature as an institution of higher education. 

 

Members of the University community bring with them vast diverse experiences and, consequently, it is important that we treat each other with dignity, acceptance and mutual respect. Behavior that violates the civil and statutory rights of any individual or group, or interferes with any individual or group’s ability to benefit from, or contribute to, the employment, educational, and/or cultural opportunities and offerings provided by the University, constitutes a violation of University policy and will not be tolerated.

As a University community, we are all responsible for creating and fostering an environment that is civil and respectful, and for personally exemplifying the principles embodied in this statement into our daily interactions.

The University is committed to the principles of equal opportunity and affirmative action with regard to employment, education, contracting services; equal opportunity and affirmative action executive orders and regulations; and recruitment and retention of students and employees that is reflective of our diverse society.

In accordance with Title VII of the Civil Rights Act of 1964 and the West Virginia Higher Education Policy Commission, §133-40-2. General Policy, West Virginia State University does not discriminate on the basis of race, color, religion, sex/gender, national origin, ancestry, age, blindness, disability, pregnancy, genetic information, sexual orientation, gender identity, veteran or military status or other category that is protected under federal, State, or local anti-discrimination laws as protected characteristics and will not permit discrimination or harassment against any employee or applicant for employment on the basis of any such characteristic. 
 

 

Title VI
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 U.S.C. Section 2000d).
 

Title VI Policy Statement

West Virginia State University “University” is committed to ensuring that no person is excluded from participation, denied benefits of, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin and other nondiscrimination directives. 

The University, as a recipient of federal financial assistance, will ensure full compliance with Title VI of the Civil Rights Act of 1964, as amended, and related statutes and regulations in all University programs and activities.

Any person who believes that they have been subjected to discrimination or retaliation based on their race, color or national origin may file a Title VI complaint.  Complaints can be filed directly to the University’s Office of Title IX or to the Federal Funding agency.  Complaints must be filed in writing and signed by the complainant or a representative and should include the complainants name, address, phone number, or other means by which the complainant can be contacted.  Complaints must be filed within 180 calendar days from the date of the alleged discriminatory act.

To request additional information on the University’s non-discrimination obligations contact: Krystal Smith at (304) 766-5224 or krystal.smith@wvstateu.edu.

 

Title VI Complaint Process

Right to File a Complaint:  Any person who believes they have been discriminated against on the basis of race, color, or national origin by the University can file a Title VI complaint by completing and submitting the Title VI Complaint Form.  Title VI complaints must be received in writing within 180 days of the alleged discriminatory behavior.

 

File a Complaint                                                 

File a Title VI Complaint using the electronic complaint form located at: https://wvstateu.edu/forms/title-vi-complaint-form.aspx

-Submit a legible handwritten complaint to: Dr. Carolyn Stuart   Room 217 Ferrell Hall   Institute, WV  25112

-If you feel you’ve been discriminated against under Title VI, you have the right to file a charge of discrimination directly at: https://ocrcas.ed.gov/index.cfm  

 

A valid complaint must be signed and dated, and submitted no more than 180 days from the date of the alleged incident. 
 

The complaint should include:

- Your name, address and phone number

- Specific, detailed information (who, what, when, where, how, and why) about the alleged act of discrimination

- Any other relevant information, including the names of any persons, if known, the agency should contact for clarity of the allegations.  
 

Complaint Acceptance
The Title IX Coordinator will process complaints that are complete. Once a completed Title VI Complaint Form is received, the Coordinator will review it to determine if the University has jurisdiction.  The complainant will receive an acknowledgement letter informing them whether or not the complaint will be investigated by the University.
 

Investigation Steps

1. Notice of Complaint

2. Preliminary review by the Coordinator

3. Gatekeeper determined by the Coordinator

4. Notice of investigation to the responding party

5. Investigator(s)  assigned as neutral fact finder

6. Evidence gathering includes witness interviews and written statements

7. Analysis of the evidence

8. Summary report of the findings

Due Process 

In Procedure – The University’s process includes: notice of charges, notice of hearing, right to present witnesses, right to present evidence, right to be accompanied, opportunity to be heard, opportunity to address allegations and evidence, and the right to appeal.
 

In Decision – The University’s decision must: be based on fundamentally fair rules or policies; be made in good faith (i.e., without malice, ill-will or bias); have a rational relationship that is substantially based upon, and reasonably concluded from the evidence; and not be arbitrary or capricious. Sanctions must be reasonable and permissible.
 

The investigation process will conclude within 45 days from receipt of a completed complaint form. If more information is needed to resolve the case, the investigator may contact the complainant.  Unless a longer period is specified by the investigator, both parties will have ten (10) days from the date of the letter to send requested information to the investigator assigned to the case.

If the requested information is not received within that time frame the case will be closed.  Also, a case can be administratively closed if the complainant no longer wishes to pursue the case.
 

Letters of Closure or Finding
After the investigator reviews the complaint, the investigator will issue one of two letters to both the complainant and respondent: a closure letter or a letter of finding.                   
                           
-The Letter of Closure summarizes the allegations of no findings for a Title VI violation and the case is closed. 
-The Letter of Finding summarizes the allegations of findings of a Title IX violation and sets forth the corrective action to be taken.  

If the complainant disagrees with the determination, the complainant may request reconsideration by submitting a written request to the Coordinator within 48 hours (2 days) after the date of the letter of closure or letter of finding, stating with specificity the basis for the reconsideration.  The Coordinator will notify the complainant of the decision either to accept or reject the request for reconsideration within 48 hours (2 days).  In cases where reconsideration is granted, the Coordinator will issue a determination letter to the complainant upon completion of the reconsideration review. 
 
 

The University is committed to equal employment opportunity which includes, but is not limited to, recruitment, employment, promotion, transfer, training, working conditions, wage and salary administration, benefits, discipline, promotion, transfer, layoff, termination and the application of any other employment-related policies without regard to race, color, religion, sex/gender, national origin, ancestry, age, blindness, disability, pregnancy, genetic information, sexual orientation, gender identity, veteran or military status or other category that is protected under federal, State, or local anti-discrimination laws as protected characteristics, and will not permit discrimination or harassment against any employee or applicant for employment on the basis of any such characteristic.

These principles of non-discrimination and anti-harassment also apply to all business relationships of the University, such as the selection and treatment of independent contractors, personnel working on University premises, and any other persons or firms doing business with the University.

The University is also committed to employment efforts to correct the underrepresentation of protected classes and will perform periodic audits to determine the University’s success in these efforts.

 

Everyone is encouraged to incorporate these values and principles into your daily life at West Virginia State University so that we all work and learn together, in a spirit of appreciation and understanding for the similarities and differences among us.

 

Title VII
Title VII of the Civil Rights Act of 1964, as amended, protects individuals against employment discrimination on the basis of race, color, religion, sex or national origin. This law also makes retaliation against a person who reported or filed a complaint of discrimination or participated in an investigation of discrimination illegal.

The U.S. Equal Employment Opportunity Commission is responsible for enforcing Title VII of the Civil Rights Act of 1964. 

Title VII Policy Statement
West Virginia State University (University; WVSU) is committed to ensuring that no person is excluded from employment opportunities on the basis of race, color, national origin or other nondiscrimination directives. It shall be an unlawful employment practice for WVSU to discriminate against any individual on the basis of their race, color, religion, sex or national origin, or to classify for employment any individual on the basis of his race, color, religion, sex or national origin.

The University, as a recipient of federal financial assistance, will ensure full compliance with Title VII of the Civil Rights Act of 1964, as amended, and related statutes and regulations in all University programs and activities.

Any person who believes that they have been subjected to discrimination or retaliation based on their race, color or national origin may file a Title VII complaint.  Complaints can be filed directly to the University’s Office of Title IX or to the Federal Funding agency.  Complaints must be filed in writing and signed by the complainant or a representative and should include the complainants name, address, phone number, or other means by which the complainant can be contacted.  Complaints must be filed within 180 calendar days from the date of the alleged discriminatory act.

To request additional information on the University’s non-discrimination obligations contact: Krystal Smith at (304) 766-5224 or krystal.smith@wvstateu.edu.

Title VII Complaint Process
Right to File a Complaint:  Any person who believes they have been discriminated against on the basis of race, color, or national origin by the University can file a Title VII complaint by completing and submitting the Title VII Complaint Form.  Title VII complaints must be received in writing within 180 days of the alleged discriminatory behavior.
 
File a Complaint
File a Title VII Complaint using the electronic complaint form located at: https://wvstateu.edu/forms/title-vii-complaint-form.aspx

-Submit a legible handwritten complaint to: Dr. Carolyn Stuart   Room 217 Ferrell Hall   Institute, WV  25112
-If you feel you’ve been discriminated against under Title VII, you have the right to file a charge of discrimination directly at: https://ocrcas.ed.gov/index.cfm  
 
A valid complaint must be signed and dated, and submitted no more than 180 days from the date of the alleged incident. 

The complaint should include:
- Your name, address and phone number
- Specific, detailed information (who, what, when, where, how, and why) about the alleged act of discrimination
- Any other relevant information, including the names of any persons, if known, the agency should contact for clarity of the allegations.  

Complaint Acceptance
The Title IX Coordinator will process complaints that are complete. Once a completed Title VII Complaint Form is received, the Coordinator will review it to determine if the University has jurisdiction.  The complainant will receive an acknowledgement letter informing them whether or not the complaint will be investigated by the University.

Investigation Steps

1. Notice of Complaint
2. Preliminary review by the Coordinator
3. Gatekeeper determined by the Coordinator
4. Notice of investigation to the responding party
5. Investigator(s) assigned as neutral fact finder
6. Evidence gathering includes witness interviews with written statements
7. Analysis of the evidence
8. Summary report of the findings

Due Process 
In Procedure – The University’s process includes: notice of charges, notice of hearing, right to present witnesses, right to present evidence, right to be accompanied, opportunity to be heard, opportunity to address allegations and evidence, and the right to appeal.

In Decision – The University’s decision must: be based on fundamentally fair rules or policies; be made in good faith (i.e., without malice, ill-will or bias); have a rational relationship that is substantially based upon, and reasonably concluded from the evidence; and not be arbitrary or capricious. Sanctions must be reasonable and permissible.

The investigation process will conclude within 45 days from receipt of a completed complaint form. If more information is needed to resolve the case, the investigator may contact the complainant.  Unless a longer period is specified by the investigator, both parties will have ten (10) days from the date of the letter to send requested information to the investigator assigned to the case.
If the requested information is not received within that time frame the case will be closed.  Also, a case can be administratively closed if the complainant no longer wishes to pursue the case.

Letters of Closure or Finding
After the investigator reviews the complaint, the investigator will issue one of two letters to both the complainant and respondent: a closure letter or a letter of finding.                                                          
-The Letter of Closure summarizes the allegations of no findings for a Title VII violation and the case is closed. 
-The Letter of Finding summarizes the allegations of findings of a Title IX violation and sets forth the corrective action to be taken.  

If the complainant disagrees with the determination, the complainant may request reconsideration by submitting a written request to the Coordinator within 48 hours (2 days) after the date of the letter of closure or letter of finding, stating with specificity the basis for the reconsideration.  The Coordinator will notify the complainant of the decision either to accept or reject the request for reconsideration within 48 hours (2 days).  In cases where reconsideration is granted, the Coordinator will issue a determination letter to the complainant upon completion of the reconsideration review.