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Institutional Response to Hazing

Hazing: Procedures for Institutional Disciplinary Action

Investigation process

All complaints alleging hazing by an individual or an organization are taken seriously by West Virginia University.  Information surrounding complaints is shared between relevant offices, including the Division of Engagement and Compliance, Office of Student Conduct, and WVU PSC PD.  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 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, staff at OSRR and/or UPD will still attempt to make contact with the complainant for more details, witnesses, and if they are willing to disclose their identity.  If the anonymous complainant does not respond or is unwilling to provide additional information, OSRR and/or UPD staff 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, OSRR 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.  OSRR often works with UPD 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), afforded an opportunity to share their version of events, and 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.  See https://studentresponsibility.wvu.edu/student-conduct/process for more information.

Organizational versus Individual Considerations

As outlined in Section 16 of the Campus Student Code ( https://studentresponsibility.wvu.edu/campus-student-code#heading-number--15) 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.

Of note is Section 16.2.iii:

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 versus Non-Recognized Considerations

If an organization does not meet the definition of “Student Organization,” OSRR can only proceed with individual, not organizational charges.  If the leadership of a not-recognized organization is known, OSRR attempts to contact that leadership and/or national organization, as relevant.  The current status of Greek organizations is available to the public at https://greeklife.wvu.edu/chapter-statuses.

Interim Measures

Section 8 of the Campus Student Code ( https://studentresponsibility.wvu.edu/campus-student-code) outlines Interim Measures that may be taken while an incident is under investigation.  Interim Suspension, both of individuals and of 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 outlined:  https://studentresponsibility.wvu.edu/student-conduct/process

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 is nonetheless does not align with community standards or CVFL policies/expectations, OSRR typically collaborates with CFLV 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 OSRR.  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 OSRR.  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 that it was resolved via an Agreed Resolution; it is not a typically a formal acceptance of responsibility.

d. Formal Conduct Process

  • If the parties are unable or 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. 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; see https://studentresponsibility.wvu.edu/resources/definitions for relevant definitions.

Sanctioning

Sanctions for individuals are outlined in Section 7 of the Campus Student Code.  Sanctions can range from a warning to educational measures, to loss of privileges, to suspension or expulsion.

Sanctions for organizations are outlined in Section 16 of the Campus Student Code.  Sanctions can range from a warning to educational measures, to social probation, to limited or full loss of university recognition.