U.S. Code, Title IX of the Higher Education Act
(Amendments of 1972)
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance."
Title IX of the Education Amendments and Concord University Policy prohibits discrimination in services or benefits offered by the University based upon gender.
- Prohibits sexual harassment
- Prevents discrimination based on pregnancy
- Provides equal opportunity in athletics
- Provides equal opportunity in employment in education fields
- Promotes equal attention and a supportive learning environment
- Ensures equitable and fair standardized testing
- Promotes equal access to higher education, math and science fields, technology, and vocational education
It is the policy of Concord University to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, veterans’ status, or disability.
Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual/gendered nature.
The following are examples of types of conduct that may constitute sexual harassment:
- Inappropriate touching, patting, or pinching
- Physical assault or coerced sexual activity
- Non-consensual sexual contact
- Demands or subtle pressure for sexual favors
- Obscene phone calls, texts, email, other social media, or gestures
Concord University Title IX
Concord University is committed to creating an environment where all are free from discrimination, sexual harassment, and sexual misconduct. We encourage all members of the Concord University community to report discrimination, sexual harassment, and sexual misconduct.
The Concord University Title IX Team is trained to receive and respond to complaints of Title IX infractions. Our role is to investigate reported misconduct and other gender equality concerns, support those involved, maximize campus safety, and promote knowledge and understanding of creating an environment free from gender-based discrimination. The Title IX Team can help you obtain confidential support, connect with resources (academic, housing, work, transportation, counseling, etc.), access protective measures, and file a criminal complaint with local law enforcement. Concord University's Policy No. 37 Nondiscrimination, Sexual Misconduct and Other Forms of Harassment can be viewed HERE.
- To live and learn free from gender-based discrimination at Concord University
- To have your privacy protected
- To file a complaint and have it resolved promptly, fairly, and thoroughly
- To receive support and reasonable protective measures, including No Contact Orders and Civil Protection Orders
- To choose whether to participate in any formal investigative process
- To chose whether to file a criminal complaint
- Sexual misconduct, including sexual violence, sexual assault, intimate partner violence, and stalking, violates federal and state civil rights laws and may be subject to criminal prosecution in addition to action taken by the university.
- To be free from retaliation of making a report
- To receive equal access to information and timely notice of meetings
- To receive written notification of outcome (including sanctions, changes due to appeal, and final dates)
- To appeal the outcome
- To speak confidentially with resources if you are uncertain whether to file a complaint. Only in extremely rare circumstances, such as endangerment to self or others, abuse, court involvement, will these resources share your information with the Title IX Officer, law enforcement, or others. These resources include:
- To report privately.
- To report a complaint privately, contact Dr. Marjie Flanigan, Vice President of Student Affairs and Dean of Students and Title IX Coordinator, P.O. Box 1000, Concord University, Athens, West Virginia 24712-1000 (304-384-6035), fill out a Student Affairs Referral Form, or email firstname.lastname@example.org.
- You may also report to the Office of Public Safety at 304-384-5357 or email@example.com.
- Concord University faculty, coaches, administrators, and residence life staff are required to share knowledge of any sexual misconduct with the Title IX Coordinator.
Title IX Grievance Procedure
An internal grievance procedure provides for prompt and equitable resolution of complaints alleging any action prohibited by Title IX of the Education Amendments of 1972. Any person (student, faculty, staff, or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss their concerns and file informal or formal complaints of possible violations of Title IX with the Vice President of Student Affairs and Dean of Students.
Title IX complaints should be addressed to Dr. Marjie Flanigan, Vice President of Student Affairs and Dean of Students and Title IX Coordinator, P.O. Box 1000, Concord University, Athens, West Virginia 24712-1000 (304-384-6035), by filling out the Student Affairs Referral Form, or emailing firstname.lastname@example.org.
Other concerns may be emailed to email@example.com.
- A complaint should be filed in writing, electronically (email or online complaint form) or verbally; contain the name, address and contact information of the person filing it; and briefly describe the alleged violation of the regulations. (See Concord University Board of Governors Policy No. 37 Section 7.3 regarding the filing of complaints.)
- A complaint should be filed promptly, although there is no time limitation on the filing of reports, as long as the accused individual remains subject to Concord’s jurisdiction.
- The respondent (accused) will receive notification, in writing, of the charges and will be apprised that no retaliation may occur.
- The University may initiate measures to insure the safety of the complainant and the campus community.
- The respondent may file a written response to the complaint within five business days, whenever possible.
- The respondent and the complainant will have the opportunity to meet separately with the Title IX Coordinator or designee to review the policy and procedure.
- If criminal activity is involved, the Office of Public Safety will be notified.
- Both the complainant and the respondent have the right to be accompanied by an advocate in all proceedings.
- Both the complainant and the respondent have the right to submit evidence, including written materials.
- An investigation, as may be appropriate, will follow a complaint filing. The investigation will be conducted by individuals designated by the Title IX Coordinator or her designee(s). These investigators will gather any pertinent documentation materials and may interview the complainant, respondent, and any witnesses.
- To the extent possible, confidentiality will be maintained. The respondent will be apprised to maintain confidentiality and the complainant will be encouraged to do so. However, some level of disclosure by the University and investigator(s) may be necessary to ensure a complete and fair investigation.
- A written determination as to the findings and conclusions will be issued by the investigator(s). Both the complainant and respondent will be notified of the outcome of the resolution ideally within 15 working days of the investigators’ report. The complainant and accused will be notified of any further action, and any University-imposed sanctions, including referral to a University Hearing Board.
- Any acts of retaliation are strictly prohibited and may result in separate charges.
The U.S. Department of Education’s Office for Civil Rights (OCR) is the federal agency responsible for addressing complaints related to discrimination on the basis of sex. Complaints must be filed in a timely manner with OCR. Information on how to file a discrimination complaint with the OCR may be found online HERE. The U.S. Office for Civil Rights Regional Office in Philadelphia, PA can be reached by phone at 215-656-8541 (Voice) or 800-877-8339 (TDD); the OCR National Headquarters, located in Washington D.C., can be reached at 800-421-3481 (Voice) or 800-877-8339 (TDD). OCR’s policies, procedures, and contact information may change over time, so please visit the website for the most current information.
Title IX Coordinator
Dr. Marjie Flanigan
Campus Box D-161, PO Box 1000
Athens, WV 24712-1000
Phone: 304-384-6035 Fax: 304-384-5940
Office: Jerry & Jean Beasley Student Center, Room 201
Complaints can also be directed to:
Tracy McCallister Gill, Assistant Athletic Director
PO Box 1000
Athens, WV 24712-1000
Phone: 304-384-5954 Fax: 304-384-5117
Office: Carter Center, Room 202A
Dan Fitzpatrick, Director of Human Resources
PO Box 1000
Athens, WV 24712-1000
Phone: 304-384-5276 Fax: 304-384-5178
Office: Marsh Hall (Administration) Room 332A