WVU follows a detailed, impartial process for investigating and resolving hazing complaints involving individuals or student organizations. Depending on the nature of the report, outcomes may include supportive measures, education, informal resolution or formal disciplinary action based on the Campus Student Code. Sanctions vary and can range from warnings to suspension or loss of University recognition.
Procedures for Institutional Disciplinary Action
Investigation Process
All complaints alleging hazing by an individual or an organization are taken seriously by WVU. Information surrounding complaints is shared between relevant offices, including the Division of Engagement and Compliance, Office of Student Rights and Responsibilities, and University Police Department. Members of the CARE Team are often included as well to provide supportive measures for those involved.
The nature of the investigative process is determined largely by whether the complaint was submitted anonymously, and, if not anonymously, whether the complainant wishes to remain anonymous to the respondent(s).
If a complaint is submitted anonymously, the Office of Student Rights and Responsibilities and/or UPD will still attempt to contact the complainant for more details and witnesses and to ask if they are willing to disclose their identity. If the anonymous complainant does not respond or is unwilling to provide additional information, the Office of Student Rights and Responsibilities and/or UPD will typically still contact the respondent individual(s) and/or organization to bring the complaint to their attention and then evaluate whether further action should be taken.
If there is an identified complainant, documentation of the hazing, several similar anonymous complaints and/or sufficient information to investigate, the Office of Student Rights and Responsibilities will typically assign an internal investigator or other staff member to complete an impartial investigation of the allegations.
During the impartial investigation, complainants, witnesses and respondent(s) will be invited to interview. The president and/or other leadership of an organization may be invited to interview on behalf of the organization. The investigator collects exhibits that are relevant to the allegations. The Office of Student Rights and Responsibilities often works with Fraternity and Sorority Life, UPD and the national organization during these investigations.
The final product is a report that a Campus Student Code administrator uses as the basis for determining whether to proceed with the formal conduct process.
In the formal conduct process, the respondent is notified in writing of the charge(s) and afforded an opportunity to share their version of the events. Ultimately, a decision is made based on the “preponderance of evidence” standard. For non-separation-level cases (i.e., no possibility of suspension or expulsion, nor loss of recognition), the decision is made by a Campus Student Code Administrator following a Conduct Conference. For separation-level cases, the decision is made by an outside adjudicator following a hearing. Visit the Office of Student Rights and Responsibilities website for more information.
Organizational vs. Individual Considerations
As outlined in Section 16 of the Campus Student Code, both individuals and student organizations fall under the jurisdiction of the Campus Student Code.
Student organizations are defined in the code as: “any group of students who have complied with the formal requirements for University recognition or who have submitted an application for recognition.”
Section 16.2.iii also states:
Nothing prohibits the Office of Student Rights and Responsibilities from simultaneously investigating an individual student(s) and a student organization. The Office of Student Rights and Responsibilities will determine whether an alleged policy violation was committed by a student organization or by an individual student(s); such determination will be made on a case-by-case basis by considering the following:
- How many of the members of the student organization were involved in the incident?
- Did the incident occur at a sponsored event of the organization?
- Did a member(s) of the organization violate University rules at an event sponsored by the organization or in the course of the organization’s affairs, and the organization failed to exercise reasonable preventive measures?
- Did the organization’s leadership have knowledge/notice that the event was going to occur?
- What was the nature of the incident?
Recognized vs. Non-Recognized Considerations
If an organization does not meet the definition of “student organization,” the Office of Student Rights and Responsibilities can only proceed with individual, not organizational charges. If the leadership of an unrecognized organization is known, the Office of Student Rights and Responsibilities attempts to contact that leadership and/or national organization, as relevant. The current status of Greek organizations is available to the public on the Fraternity and Sorority Life website.
Interim Measures
Section 8 of the Campus Student Code outlines interim measures that may be taken while an incident is under investigation. Interim suspension, both for individuals and organizations, is listed as a possible interim measure, under certain circumstances.
The full circumstances and procedures for interim suspension are found in the code. In brief, an interim suspension may be placed “in order to ensure the safety and well-being of members of the University community or to preserve University property; to ensure the student’s own physical or emotional safety and well-being; or to deter a threat of disruption or interference with the normal operations of the University.”
Outcomes
Once a complaint has been made, there are various ways to resolve the complaint. The general process is as follows:
a. No Action/Supportive Measures/Educational Measures only
- If there is no identified complainant and/or there is insufficient information to proceed with investigation, supportive measures will be provided to identified complainants/witnesses. The organization will likely be contacted to alert them of the complaint.
- If the complaint does not rise to the level of a conduct violation but nonetheless does not align with community standards or Fraternity and Sorority Life policies/expectations, the Office of Student Rights and Responsibilities typically collaborates with Fraternity and Sorority Life to provide education and training to the relevant individuals and/or organizations.
b. Informal Agreed Resolution
- An informal agreed resolution may be entered into at any time during the investigation process (prior to the investigation, during or after). It is an agreement typically between the complainant, respondent(s) and the Office of Student Rights and Responsibilities. The agreement may include training, education, mediation and other alternative resolution measures. The Informal Agreed Resolution does not create a disclosable conduct record.
c. Agreed Resolution
- If charges are brought against a respondent, these charges may be resolved through an agreed resolution. The threshold for bringing a charge is whether it is “reasonable to believe” that a student or organization may have violated the Campus Student Code. It is an agreement typically between the complainant, respondent(s) and the Office of Student Rights and Responsibilities. The agreement may include training, education, mediation and other alternative resolution measures. Agreed resolutions also more often include voluntary disciplinary measures such as probation, deferred suspension, voluntary temporary separation or voluntary permanent separation. For the respondent, there is a record of the charge and notes it was resolved via an agreed resolution; it is not typically a formal acceptance of responsibility.
d. Formal Conduct Process
- If the parties are unable to come to a resolution, the case may proceed through
the formal conduct process to resolve the charges. There are two general avenues;
non-separation-level cases are decided via a conduct conference while separation-level
cases (i.e., the possibility of suspension or expulsion or loss of University
recognition) are decided by a third-party adjudicator. Responsibility for charges
is based on a “preponderance of evidence” standard;
view relevant definitions
within the process.
- Non-Separation-Level Case: The conduct conference process is outlined in section 9.5 of the Campus Student Code. In these cases, a Campus Student Code administrator meets with the respondent for a “conduct conference,” considers all relevant information and evidence and makes a decision of responsible or not responsible for the charge(s).
- Separation-Level Cases: The hearing process is outlined online.
Sanctioning
Sanctions for individuals are outlined in Section 7 of the Campus Student Code. Sanctions can include a warning, educational measures, loss of privileges, suspension or expulsion.
Sanctions for organizations are outlined in Section 16 of the Campus Student Code. Sanctions can include a warning, educational measures, social probation or limited or full loss of University recognition.