W. Va. Code § 18B-1-6
34 C.F.R. § 106
The West Virginia School of Osteopathic Medicine (“WVSOM”) does not discriminate on the basis of sex1 in the education program or activity that it operates. WVSOM, as a recipient of federal financial assistance, is required by Title IX of the Education Amendments of 1972 (“Title IX”) and 34 C.F.R. § 106 (“Title IX regulations”) not to discriminate in such a manner. The requirement not to discriminate in WVSOM’s education programs or activities extends to admission and employment, and inquiries about the application of Title IX and the Title IX regulations to WVSOM may be referred to WVSOM’s Title IX Coordinator or the Assistant Secretary, Office for Civil Rights, U.S. Department of Education, or both.2
This policy applies3 to applicants for admission and employment, students, and employees of WVSOM concerning sex discrimination in an education program or activity of WVSOM,4 whether on or off campus.
The requirements set forth in this policy apply to sex discrimination occurring in the United States under WVSOM’s education program or activity including all conduct subject to WVSOM’s disciplinary authority. WVSOM shall address sex-based hostile environments even when some of the conduct alleged to be contributing to the hostile environment occurred outside of WVSOM’s education program or activity or outside the United States.5
means the President of WVSOM or designee.
means a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under this policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under this policy and who was participating or attempting to participate in WVSOM’s education program or activity at the time of the alleged sex discrimination.
means an oral or written request to WVSOM that can objectively be understood as a request for WVSOM to investigate and make a determination about the alleged policy violation(s).
means an employee of WVSOM whose communications are privileged or confidential under federal or state law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; an employee of WVSOM whom WVSOM has designated as confidential for the purpose of providing services to persons related to sex discrimination; and an employee who is conducting an institutional review board-approved human-subjects study designed to gather information about sex-discrimination.
means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity.10
means locations, events, or circumstances over which WVSOM exercised substantial control over both the respondent and the context in which the sex discrimination occured, and also includes any building owned or controlled by a student organization that is officially recognized by WVSOM.
means when WVSOM receives notice of conduct that reasonably may constitute sex discrimination in its education program or activity.
means notice of sex discrimination or allegations of sex discrimination to WVSOM’s Title IX Coordinator or any WVSOM employee who is not a confidential employee and who either has authority to institute corrective measures on behalf of WVSOM or has responsibility for administrative leadership, teaching, or advising in WVSOM’s education program or activity to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations.
means pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
means related to the allegations of sex discrimination under investigation as part of the grievance procedures under § 106.45, and if applicable § 106.46. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision-maker in determining whether alleged sex discrimination occurred.
means a person who is alleged to have violated WVSOM’s prohibition on sex discrimination.
means conduct that is based upon an individual’s sex that excludes an individual from participation in, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in a WVSOM program or activity. This includes failing to provide reasonable modifications, consistent with the Title IX regulations, for pregnancy or related conditions. It does not, however, include programs or activities specifically exempt by law. See, e.g., 20 U.S.C. § 1681(a) (2015).
is a sub-category of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the bases described in Section 2 that is:
An employee, agent, or other person authorized by WVSOM to provide an aid, benefit, or service under WVSOM’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from WVSOM’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
The degree to which the conduct affected the complainant’s ability to access WVSOM’s education program or activity,
The type, frequency, and duration of the conduct,
The parties’ ages, roles within WVSOM’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct,
The location of the conduct and the context in which the conduct occurred, and
Other sex-based harassment in WVSOM’s education program or activity; or
meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation,
meaning violence committed by a person:
Who has been in a social relationship of a romantic or intimate nature with the victim, and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of West Virginia, or a person similarly situated to a spouse of the victim,
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner,
Shares a child in common with the victim, or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of West Virginia; or
meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Fear for the person’s safety or the safety of others, or
Suffer substantial emotional distress.
means measures provided, as appropriate, to a complainant or any other person WVSOM identifies as having had their equal access to WVSOM’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to WVSOM’s education program or activity after WVSOM determines that sex discrimination occurred.
means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
Restore or preserve that party’s access to WVSOM’s education program or activity, including measures that are designed to protect the safety of the parties or WVSOM’s educational environment, or
Provide support during WVSOM’s grievance procedures under § 106.45, and if applicable § 106.46, or during the informal resolution process under § 106.44(k).
WVSOM has designated and authorized Dr. Dawn Roberts, Associate Dean for Multicultural and Student Affairs, as Title IX Coordinator to coordinate WVSOM’s efforts to comply with its responsibilities under Title IX, 34 C.F.R. § 106,27 and other federal and state sex discrimination and sexual harassment laws. The Title IX Coordinator’s contact information28 is as follows:
Campus office address: Room SC101E Student CenterE-mail address: droberts@osteo.wvsom.eduTitle IX report/complaint email address: TitleIX@osteo.wvsom.eduOffice telephone number: 304-647-6591
WVSOM may designate and authorize designee(s) to serve as Title IX Coordinator in the absence of the Associate Dean for Multicultural and Student Affairs. In such event, notice of such designation and authorization, along with name(s)/title(s), office address(es), e-mail address(es), and office telephone number(s) will be provided to the applicable groups set forth in Section 3 above.29
WVSOM shall prominently display the contact information for the Title IX Coordinator set forth in Section 5 above and the nondiscrimination policy statement set forth in Section 2 above on the WVSOM website, on all application forms, in the WVSOM Catalog, and in WVSOM Student, Faculty, and Employee Handbooks.30
WVSOM shall not use or distribute a publication stating that WVSOM treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by Title IX or the Title IX regulations.31
WVSOM shall adopt, publish, and implement grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in WVSOM’s education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.32
WVSOM shall provide a notice of nondiscrimination to students, employees, and applicants for admission and employment. The notice of nondiscrimination will include:
How to report or file a complaint of sex discrimination,
How to report or file a complaint of sex-based harassment, and
How WVSOM will respond.33
WVSOM shall train all WVSOM employees related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX or the Title IX regulations, and annually thereafter.34 The training shall not rely on sex stereotypes.35 Training will be provided as follows:
WVSOM shall ensure that all employees receive training on WVSOM’s obligation to address sex discrimination in its education program or activity; the scope of conduct that constitutes sex discrimination under Title IX and the Title IX regulations, including the definition of sex-based harassment; and all applicable notification and information requirements under the Title IX regulations.36
In addition to the responsibilities outlined in Section 8.1.1 above, WVSOM shall ensure that investigators, decision-makers, and other persons who are responsible for implementing WVSOM’s grievance procedures or have the authority to modify or terminate supportive measures receive training on WVSOM’s obligations under § 106.44; WVSOM’s grievance procedures under § 106.45 and § 106.46; how to serve impartially, including by avoiding a prejudgment of the facts at issue, conflicts of interest, and bias; and the meaning and application of the term relevant in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under § 106.45 and § 106.46. 37
In addition to the training requirements in Section 8.1.1, all facilitators of an informal resolution process under § 106.44(k) shall be trained on the rules and practices associated with WVSOM’s informal resolution process and on how to serve impartially, including avoiding conflicts of interest and bias.38
In addition to the training requirements outlined in Sections 8.1.1, 8.1.2, and 8.1.3 above, WVSOM shall ensure that the Title IX Coordinator and any designees receive training on WVSOM’s recordkeeping system, and other training necessary to coordinate WVSOM’s compliance with Title IX.39
Any materials used to train WVSOM employees shall be made available upon request for inspection by members of the public.40
All WVSOM employees who are not confidential employees and who either have authority to institute corrective measures on behalf of WVSOM or have responsibility for administrative leadership, teaching, or advising in WVSOM’s education program or activity must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations.41
All other employees who are not confidential employees and not employees as specified in Section 8.2.1 above must:
Notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations, or
Provide the contact information of the Title IX Coordinator and information about how to make a complaint of sex discrimination to any person who provides the employee with information about conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations.42
WVSOM must reasonably determine and specify whether and under what circumstances a person who is both a student and an employee is subject to the requirements in this section.43
These reporting requirements do not apply to employees who have personally been subject to conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations.44
WVSOM shall notify all participants in WVSOM’s education program or activity how to contact its confidential employees.45 Confidential employees are required to explain to any person who informs the confidential employee of conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations:
The employee’s status as confidential for purposes of the Title IX regulations, including circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination,46
How to contact WVSOM’s Title IX Coordinator and how to make a complaint of sex discrimination,47 and
That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation under the applicable grievance process.48
When WVSOM’s Title IX Coordinator is notified of information about conduct that reasonably may constitute sex-based harassment under Title IX or the Title IX regulations that was provided by a person during a public event to raise awareness about sex-based harassment that was held on WVSOM’s campus or through an online platform sponsored by WVSOM, WVSOM shall not act in response to the information, unless it indicates an imminent and serious threat to the health or safety of a complainant, any students, employees, or other persons.49
WVSOM shall require all WVSOM employees to inform students who disclose a pregnancy or related condition, or persons who have a legal right to act on behalf of the student who discloses a student’s pregnancy or related condition, to provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to WVSOM’s education program or activity.50
Any person may report sex discrimination, including sex-based harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sex-based harassment), in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinator.51
Sex discrimination, sex-based harassment, and retaliation are prohibited.
Should WVSOM have knowledge of sex discrimination in an education program or activity of WVSOM, WVSOM shall respond promptly and effectively.52
WVSOM’s response must treat complainants and respondents equitably by offering supportive measures to a complainant, and by following a grievance process that complies with the Title IX regulations § 106.45, and if applicable §106.46, before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.53
Reports of sex discrimination or other violations of this policy falling under Title IX should be made to the Title IX Coordinator,
Reports of violations of this policy involving the Title IX Coordinator should be made to the Vice President for Academic Affairs/Dean,
Reports of violations of this policy involving the Vice President for Academic Affairs/Dean should be made to the President of WVSOM,
Reports of violations of this policy involving the President of WVSOM should be made to the Chair of the WVSOM Board of Governors, and
Reports of violations of this policy involving the Chair of the WVSOM Board of Governors should be made to the West Virginia Higher Education Policy Commission.
If a reporting individual believes that an imminent and serious threat of harm exists or that an individual has violated federal, state, or local law, the reporting individual should immediately contact law enforcement.
The Title IX Coordinator, or other applicable administrator listed in Section 10.4 above or their designee, shall promptly contact the complainant to:
Offer and coordinate supportive measures, as appropriate, for the complainant,
Notify the complainant, or if the complainant is unknown, the individual who reported the conduct, of the grievance procedures under § 106.45, and if applicable § 106.46, and the informal resolution process, if applicable and appropriate.54
Although reports of violations of this policy should be made promptly, there is no time limitation on the filing of reports, as long as the accused individual remains subject to WVSOM’s jurisdiction.
Additional information on reporting options can be found on WVSOM’s website, under the “Human Resources” link or the “Students” link.
When WVSOM has knowledge of conduct that reasonably may constitute sex discrimination in its education program or activity, WVSOM must respond promptly and effectively and comply with the Title IX regulations to address sex discrimination in its education program or activity.55
In response to a complaint, WVSOM shall notify the respondent of the grievance procedures under § 106.45, and if applicable § 106.46, and the informal resolution process, if available and appropriate, and initiate the grievance procedures under § 106.45, and if applicable §106.46, or the informal resolution process, if available and appropriate and requested by all parties.56
In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, WVSOM’s Title IX Coordinator shall determine whether to initiate a complaint of sex discrimination that complies with the grievance procedures under § 106.45, and if applicable § 106.46.57
The complainant’s request not to proceed with initiation of a complaint,
The complainant’s reasonable safety concerns regarding initiation of a complaint,
The risk that additional acts of sex discrimination would occur if a complaint were not initiated,
The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence,
The age and relationship of the parties, including whether the respondent is an employee of WVSOM,
The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals,
The availability of evidence to assist a decision-maker in determining whether sex discrimination occurred, and
Whether the recipient could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures under § 106.45, and if applicable § 106.46.58
If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health and safety of the complainant or other person, or that the conduct as alleged prevents WVSOM from ensuring equal access on the basis of sex in its education program or activity, the Title IX Coordinator may initiate a complaint.59
Regardless of whether a complaint is initiated, the Title IX Coordinator shall take other appropriate prompt and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that sex discrimination does not continue or recur within WVSOM’s education program or activity.60
When the Title IX Coordinator determines that the alleged conduct could not constitute sex discrimination, the Title IX Coordinator shall not initiate a complaint.61
The Assistant Secretary, Office for Civil Rights, U.S. Department of Education, will not deem WVSOM to have violated § 106.47 solely because the Assistant Secretary would have reached a different determination in a particular complaint alleging sex-based harassment than WVSOM would have reached under § 106.45, and if applicable § 106.46, based on the Assistant Secretary’s independent weighing of the evidence.62
WVSOM may remove a respondent from WVSOM’s education program or activity on an emergency basis, provided that WVSOM undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.63 This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act.64
WVSOM may place a non-student employee respondent on administrative leave from employment responsibilities during the pendency of the grievance procedures.65 This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973, 20 U.S.C. 794, or the Americans with Disabilities Act.66
WVSOM’s § 106.45 compliant grievance process shall:
Treat complainants and respondents equitably.67
Require that any person designated by WVSOM as a Title IX Coordinator, investigator, or decision-maker, not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The decision-maker may be the same person as the Title IX Coordinator or investigator.68
Include a presumption that the respondent is not responsible for the alleged sex discrimination until a determination regarding responsibility is made at the conclusion of the grievance process for complaints of sex discrimination. 69
Establish reasonably prompt timeframes for the major stages of the grievance procedures, including a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. Major stages include, for example, evaluation (i.e., WVSOM’s decision whether to dismiss or investigate a complaint of sex discrimination); investigation; determination; and appeal, if any.70
Require WVSOM to take reasonable steps to protect the privacy of the parties and witnesses during the pendency of the grievance process, provided the steps do not restrict the ability of the parties to: obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures.71
Require an objective evaluation of all evidence that is relevant, as defined in Section 4.10, and not otherwise impermissible as defined in Section 13.7—including both inculpatory and exculpatory evidence—and provide that credibility determinations must not be based on a person’s status as a complainant, respondent, or witness.72
Exclude the following types of evidence, and questions seeking that evidence, as impermissible (i.e., must not be accessed or considered, except by WVSOM to determine whether an exception as outlined below applies; must not be disclosed; and must not otherwise be used), regardless of whether they are relevant:
Evidence that is protected under a privilege as recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality,
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless WVSOM obtains that party’s or witness’s voluntary, written consent for use in WVSOM’s grievance procedures, and
Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.73
Articulate consistent principals for how WVSOM will determine which procedures apply to complaints of sex discrimination.74
For complaints alleging sex-based harassment, the grievance procedures must:
Describe the range of supportive measures available to complainants and respondents, and
List or describe the range of the possible disciplinary sanctions that WVSOM may impose and the remedies that WVSOM may provide following a determination that sex-based harassment occurred.75
Upon initiation of WVSOM’s grievance process, WVSOM must provide the following notice to the parties whose identities are known:76
WVSOM’s grievance procedures under § 106.45, and if applicable § 106.46, and any informal resolution process,
Sufficient information available at the time to allow the parties to respond to the allegations. Sufficient information includes the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination under Title IX or the Title IX regulations, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to WVSOM,
A statement that retaliation is prohibited, and
A statement the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.78
If, in the course of an investigation, WVSOM decides to investigate allegations about the complainant or respondent that are not included in the notice provided pursuant to Section 14.1 above, WVSOM must provide notice of the additional allegations to the parties whose identities are known.79
WVSOM may dismiss a complaint of sex discrimination made through its grievance process under § 106.45, and if applicable § 106.46, for any of the following reasons:80
WVSOM is unable to identity the respondent after taking reasonable steps to do so,81
The respondent is not participating in WVSOM’s education program or activity and is not employed by WVSOM,82
The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and WVSOM determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX, or the Title IX regulations, even if proven,83 or
WVSOM determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX or the Title IX regulations.84
Upon dismissal, WVSOM shall promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then WVSOM shall also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.85
WVSOM shall notify the complainant that a dismissal may be appealed and provide the complainant with an opportunity to appeal the dismissal of a complaint on the basis set out in Section 22. If the dismissal occurs after the respondent has been notified of the allegations, WVSOM shall also notify the respondent that the dismissal may be appealed on the bases set out in Section 22. 86 If the dismissal is appealed, WVSOM shall:
Notify the parties of any appeal, including notice of the allegations consistent with Section 14.1 if notice was not previously provided to the respondent,87
Implement appeal procedures equally for all parties,88
Ensure that the decision-maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint,89
Ensure that the decision-maker for the appeal has been trained as set forth in Section 8.1.2, 90
Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome,91 and
Notify the parties in writing of the result of the appeal and the rationale for the result.92
When a complaint is dismissed, WVSOM shall:
Offer supportive measures to the complainant as appropriate,93
When a respondent has been notified of the allegations, offer supportive measures to the respondent, as appropriate,94 and
Require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within WVSOM’s education program or activity.95
WVSOM may consolidate complaints as to allegations of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sex discrimination arise out of the same facts or circumstances.96
If one of the complaints to be consolidated is a complaint of sex-based harassment involving a student complainant or student respondent, the grievance procedures for investigating and resolving the consolidated complaint will follow the grievance process set forth in Section 19 below.97
Where a grievance process involves more than one complainant or more than one respondent, reference in this policy to the singular “party,” “complainant,” or “respondent” include the plural, as applicable.98
WVSOM shall provide for adequate, reliable, and impartial investigation of complaints.99 When investigating a complaint and throughout the grievance process, WVSOM shall:
Ensure that the burden is on WVSOM, not the parties, to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred,100
Provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible,101
Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance,102 and
Provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible,103 in the following manner:
Provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. Where a description of this evidence is provided, WVSOM will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party,104
Provide a reasonable opportunity to respond to the relevant and not otherwise impermissible evidence,105 and
Take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint sex discrimination are authorized.106
WVSOM’s grievance process shall provide a process that enables the decision-maker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.107
For each complaint that is filed and not dismissed under Section 15, WVSOM shall evaluate all relevant and not otherwise impermissible evidence and:108
Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. This standard of proof requires the decision-maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness; if the decision-maker is not persuaded under the preponderance of the evidence standard that sex discrimination occurred, whatever the quantity of the evidence is, the decision-maker must not determine that sex discrimination occurred.109
Notify the parties in writing of the determination whether sex discrimination occurred under Title IX or the Title IX regulations including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal.110
If there is a determination that sex discrimination occurred, as appropriate, require the Title IX Coordinator:
Coordinate the provision and implementation of remedies to a complainant and other individuals whose access to WVSOM’s education program were limited or denied by sex discrimination,
Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions, and
Require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within WVSOM’s education program or activity.111
WVSOM shall not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of WVSOM’s grievance process that the respondent engaged in prohibited sex discrimination.112
WVSOM shall not discipline a party, witness, or others participating in WVSOM’s grievance process for making a false statement or for engaging in consensual sexual conduct based solely on WVSOM’s determination whether sex discrimination occurred.113
WVSOM shall offer the parties an appeal process as set forth in Section 22 below.114
Complaints of sex-based harassment involving a student complainant or a student respondent shall incorporate the requirements outlined in Sections 11-18 and this section.115
When a complainant or respondent is both a student and an employee, WVSOM shall make a fact-specific inquiry to determine whether the requirements of this section apply. In making this determination, WVSOM shall consider whether the party’s primary relationship with WVSOM is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.116
Upon initiation of the grievance process under this section, WVSOM shall provide written notice to the parties whose identities are known with sufficient time for the parties to prepare a response before any initial interview.117
The written notice shall include all information outlined in Section 14 118 and inform the parties that:
The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance process under this section and that prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision-maker.119
The parties may have an advisor of choice who may be, but is not required to be, an attorney.120
The parties shall have an equal opportunity to access the relevant and not otherwise impermissible evidence and an investigative report that accurately summarizes the evidence.121
If, in the course of an investigation, WVSOM decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice outlined in Section 19.2.1, or that are included in a complaint that is consolidated under Section 16, WVSOM shall provide written notice of the additional allegations to the parties whose identities are known.122
In instances where WVSOM has reasonable concerns for the safety of any person as a result of providing written notice to the parties, WVSOM may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns shall be based on an individualized safety and risk analysis and not on speculation or stereotypes.123
When dismissing a complaint alleging sex-based harassment under this section, WVSOM shall:
Provide the parties, simultaneously, with written notice of the dismissal and the basis for the dismissal, if dismissing a complaint under any of the bases in Section 15, except if the dismissal occurs before the respondent has been notified of the allegations, in which case WVSOM shall provide such written notice only to the complainant,124 and
Obtain the complainant’s withdrawal in writing if dismissing a complaint based on the complainant’s voluntary withdrawal of the complaint or allegations under § 106.45. 125
Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.126
Provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.127
Provide the parties with the same opportunities, if any, to have persons other than the advisor of the parties’ choice during any meeting or proceeding.128
Allow for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the parties that includes the reason for the delay.129
Provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:
The parties shall have an equal opportunity to access the relevant and not otherwise impermissible evidence and an investigative report that accurately summarizes the evidence,130
The parties will be provided with a reasonable opportunity to review and respond to the evidence and investigation report prior to the determination whether sex-based harassment occurred,131
Take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance process. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to a complaint of sex-based harassment are authorized.132
WVSOM shall provide a process that enables the decision-maker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.133 Questioning of the parties and witnesses shall incorporate the following provisions and occur prior to determining whether sex-based harassment occurred:
Allow the investigator or decision-maker to ask relevant and not otherwise impermissible questions and follow up questions, including questions challenging credibility, during individual meetings with a party or witness;134
Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or decision-maker during one or more individual meetings, including follow-up meetings, with a party or witness;135 and
Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.136
The decision-maker must determine whether a proposed question is relevant and not otherwise impermissible, prior to the question being posed, and must explain any decision to exclude a question as not relevant or otherwise impermissible.137
When the decision-maker determines that a party’s question is relevant and not otherwise impermissible, then the question must be permitted and posed.138
Questions that are unclear or harassing are not permitted. The decision-maker shall give a party the opportunity to clarity or revise a question the decision-maker has determined is unclear or harassing, and if the party sufficiently clarifies or revises the question, the question shall be asked.139
The decision-maker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decision-maker shall not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.140
WVSOM shall provide a written determination as to whether sex-based harassment occurred simultaneously to the parties.141 The written notice shall include:
A description of the alleged sex-based harassment,142
Information about the policies and procedures that WVSOM used to evaluate the allegations,143
The decision-maker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred,144
When the decision-maker finds that sex-based harassment occurred, any disciplinary sanctions WVSOM will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided to the complainant, and, to the extent appropriate, other students identified to be experiencing the effects of the sex-based harassment,145 and
WVSOM’s procedures for appeal.146
The determination regarding responsibility becomes final either on the date that WVSOM provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.147
Sanctions may be imposed upon any person under WVSOM’s jurisdiction who is found to have violated this policy.148 Any employee or student who is found to have violated this policy will be subject to administrative action, up to and including termination of employment or dismissal from WVSOM, as applicable.
Typical student sanctions that may be imposed singly or in combination include, but are not limited to the following:
Typical employee sanctions that may be imposed singly or in combination include, but are not limited to the following:
Any person found responsible for violating the sex-based harassment prohibitions in this policy will likely face a sanction ranging from admonition/discussion to expulsion/termination of employment, depending on the severity of the incident, and taking into account any previous disciplinary violations.
The range of sanctions may be broadened or lessened in the case of serious mitigating circumstances or egregiously offensive behavior. WVSOM will not deviate from the range of recommended sanctions unless compelling justification exists to do so.
Remedies are provided to restore or preserve access to WVSOM’s education program or activity after a determination that sex discrimination occurred.149
WVSOM must offer both parties an appeal from a determination regarding responsibility, and from WVSOM’s dismissal of a complaint or any allegations therein, on the following bases:150
A procedural irregularity that affected the outcome of the matter,151
New evidence that would change the outcome and that was not reasonably available when the determination whether sex discrimination occurred or dismissal was made,152 and
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.153
As to all appeals, WVSOM shall, in writing, notify the parties:154
That an appeal was filed, including notice of the allegations if notice was not previously provided to the respondent,155
That the parties have a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome,156 and
The result of the appeal and the rationale for the result.157
In lieu of resolving a complaint through the grievance processes outlined above, the parties may instead elect to participate in an informal resolution process.158
WVSOM must not disclose personally identifiable information obtained in the course of complying with the Title IX regulations, except in the following circumstances:159
When WVSOM has obtained prior written consent from a person with the legal right to consent to the disclosure,160
When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue,161
To carry out the purposes of the Title IX regulations, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in WVSOM’s education program or activity,162
As required by federal law, federal regulations, or the terms and conditions of a federal award, including a grant award or other funding agreement,163 or
To the extent such disclosures are not otherwise in conflict with Title IX or the Title IX regulations, when required by state or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99. 164
WVSOM must maintain for a period of seven years records of:165
Each complaint of sex discrimination, records documenting the grievance procedures under § 106.45, and if applicable § 106.46, and the resulting outcome.166
For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX or the Title IX regulations, records documenting the actions WVSOM took to meet its obligations under § 106.44. 167
All materials used to provide training as outlined in Section 8. WVSOM shall make these training materials available upon request for inspection by members of the public.168
Retaliation, including peer retaliation, is prohibited in WVSOM’s education program or activity.169
Peer retaliation is retaliation by a student against another student.170
Neither WVSOM nor other person may intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right or privilege secured by Title IX or the Title IX regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.171
Upon receiving a complaint alleging retaliation, WVSOM shall initiate its grievance procedures under § 106.45, or as appropriate, an informal resolution process. When retaliation complaints are consolidated with a complaint of sex-based harassment involving a student complainant or student respondent, the grievance procedures initiated by the consolidated complaint shall comply with the requirements of both § § 106.45 and 106.46. 172
WVSOM will not tolerate intentional false reporting of incidents. Deliberately false and/or malicious accusations of violations of this policy, as opposed to complaints which, even if erroneous, are made in good faith, are just as serious an offense as a violation of this policy and will subject the false reporter to appropriate disciplinary action. Intentionally false reports may also violate criminal and civil laws.
WVSOM shall not adopt or implement any policy, practice, or procedure concerning a student’s or employee’s current, potential, or past parental, family, or marital status that treats students or employees differently on the basis of sex.173
WVSOM shall not discriminate in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. WVSOM shall not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity and will ensure that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions.174
Upon notice of a student’s pregnancy or related condition, the Title IX Coordinator shall take specific actions to effectively prevent sex discrimination and ensure equal access to WVSOM’s education program or activity. These specific actions include:
Provide the student, and if applicable, the person who notified the Title IX Coordinator of the student’s pregnancy or related condition and has a legal right to act on behalf of the student, with WVSOM’s notice of nondiscrimination.175
Make reasonable modifications to WVSOM’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to WVSOM’s education program or activity. Each reasonable modification must be based on the student’s individualized needs. WVSOM shall consult with the student to determine what modifications are required. Modifications that fundamentally alter the nature of WVSOM’s education program or activity are not reasonable.176
The student has discretion to accept or decline each reasonable modification offered by WVSOM. When the student accepts the offered reasonable modification, WVSOM shall implement it.177
Reasonable modifications may include, but are not limited to, breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access; or other changes to policies, practices, or procedures.178
WVSOM shall allow the student to voluntarily access any separate and comparable portion of WVSOM’s education program or activity.179
WVSOM shall allow the student to voluntarily take a leave of absence from WVSOM’s education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. To the extent that a student qualifies for leave under a leave policy maintained by WVSOM that allows a greater period of time than the medically necessary period, WVSOM shall permit the student to take voluntary leave under that policy instead if the student so chooses. When the student returns to WVSOM’s education program or activity, Institutional Policy GA-14: Title IX, Sex-Based Harassment, and Discrimination Page 27 of 29 the student shall be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began.180
WVSOM shall ensure that students and employees can access a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding as needed.181
WVSOM must not require supporting documentation unless the documentation is necessary and reasonable for WVSOM to determine the reasonable modifications to make or whether to take additional specific actions. Examples of situations when requiring supporting documentation is not necessary and reasonable include, but are not limited to, when the student’s need for a specific action is obvious, such as when a student who is pregnant needs a bigger uniform; when the student has previously provided WVSOM with sufficient supporting documentation; when the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom; when the student has lactation needs; or when the specific action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.182
WVSOM shall treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy WVSOM administers, operates, offers, or participates in with respect to students admitted to WVSOM’s education program or activity.183
WVSOM shall not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in WVSOM’s class, program, or extracurricular activity unless:
The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity,
WVSOM requires such certification of all students participating in the class, program, or extracurricular activity; and
The information obtained is not used as a basis for discrimination prohibited by the Title IX regulations.184
WVSOM shall not adopt or implement any policy, practice, or procedure, to take any employment action, on the basis of sex:185
Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment, which treats persons differently.186
That is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit.187
WVSOM shall treat pregnancy or related conditions as any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; and reinstatement; and under any fringe benefit offered to employees by virtue of employment.188
Where WVSOM does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, WVSOM shall treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.189
WVSOM shall provide reasonable break time for an employee to express breast milk or breastfeed as needed.190
WVSOM shall not make pre-employment inquiries as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.”191
WVSOM may ask an applicant for employment to self-identify their sex, but only when the question is asked of all applicants and the response is not used as a basis for discrimination prohibited by Title IX or the Title IX regulations.192
Victims of sex-based harassment should be aware that WVSOM administrators must issue timely warnings to the WVSOM community for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. No such warning will identify a victim or contain information that could do so unless permitted by the victim.
WVSOM has educational programs and campaigns to promote the awareness of dating violence, domestic violence, sexual assault, and stalking. These programs can be found on the WVSOM website.
This policy will be implemented using applicable WVSOM policies and procedures, and WVSOM faculty, staff, and student handbooks. In the event the individual, name, title, or contact information changes for any of the individuals listed in this policy, the President of WVSOM may revise such information within this policy without resubmittal of this policy through the rulemaking process.
This policy supersedes the West Virginia Higher Education Policy Commission (“HEPC”) Series 40 (W. Va. Code R. § 133-40), any other rule of HEPC which relates to the subject matter contained within this policy, and any conflicting provisions within the WVSOM Employee Handbook, the WVSOM Faculty Handbook, or any other WVSOM policies or procedures. This policy also repeals and supersedes WVSOM Institutional Policy GA-14: Equal Opportunity, Non-discrimination, Sexual Misconduct, and Other Forms of Harassment.
This policy succeedes any previous policy addressing sex discrimination for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update this policy. WVSOM reserves the right to make changes to this document as necessary and will follow the policy approval process to make necessary changes. If governing laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent governing laws or regulations or court holdings.
This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.
1 Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. 106.10.
2 106.8(c)(1).
3 106.8(a).
4 106.44(a).
5 106.11.
6 106.2.
7 106.2.
8 106.2.
9 106.30(a).
10 The following rules apply to the term “consent” as defined in this policy:
11 106.2.
12 106.44(a).
13 106.44(c)(2).
14 106.2.
15 106.2.
16 106.2.
17 106.2.
18 106.2.
19 106.2.
20 106.2.
21 “Sexual Assault” means an offense classified as a sex offense under the uniform crime reporting system of the FBI. The following offenses are classified as sex offenses:
22 106.2.
23 106.2.
24 106.2.
25 106.2.
26 106.2.
27 106.8(a).
28 106.8(c)(1).
29 106.8(a)(2) & 106.8(c)(1).
30 106.8(c)(2).
31 106.8(c)(2)(iii).
32 106.8(b)(2).
33 106.8(c)(1).
34 106.8(d).
35 106.8(d).
36 108.8(d)(1).
37 106.8(d)(2).
38 106.8(d)(3).
39 106.8(d)(4).
40 106.8(f)(3).
41 106.44(c)(2)(i).
42 106.44(c)(2)(ii).
43 106.44(c)(3).
44 106.44(c)(4).
45 106.44(d)(1).
46 106.44(d)(2)(i).
47 106.44(d)(2)(ii).
48 106.44(d)(2)(iii).
49 106.44(e).
50 106.40(b)(2).
51 106.8(c).
52 106.44(a).
53 106.44(f).
54 106.44(f)(1).
55 106.44(a)(1) & 106.44(a)(2).
56 106.44(f)(1)(iii)(B) and 106.44(f)(1)(iv).
57 106.44(k)(f)(1)(v).
58 104.44(f)(1)(v)(A).
59 106.44(f)(1)(vi).
60 106.44(f)(1)(vii).
61 106.44(f)(2).
62 106.47.
63 106.44(c).
64 106.44(h).
65 106.44(i).
66 106.44(d).
67 106.45(b)(1).
68 106.45(b)(2).
69 106.45(b)(3).
70 106.45(b)(4).
71 106.45(b)(5).
72 106.45(b)(6).
73 106.45(b)(7).
74 106.45(b)(8).
75 106.45(l).
76 106.45(c).
77 106.45(c)(1).
78 106.45(c)(1).
79 106.45(c)(2).
80 106.45(d)(1).
81 106.45(d)(1)(i).
82 106.45(d)(1)(ii).
83 106.45(d)(1)(iii).
84 106.45(d)(1)(iv).
85 106.45(d)(2).
86 106.45(d)(3).
87 106.45(d)(3)(i).
88 106.45(d)(3)(ii).
89 106.45(d)(3)(iii).
90 106.45(d)(3)(iv).
91 106.45(d)(3)(v).
92 106.45(d)(3)(vi).
93 106.45(d)(4)(i).
94 106.45(d)(4)(ii).
95 106.45(d)(4)(iii).
96 106.45(e).
97 106.45(e)
98 106.45(e).
99 106.45(f).
100 106.45(f)(1).
101 106.45(f)(2).
102 106.45(f)(3).
103 106.45(f)(4).
104 106.45(f)(4)(i).
105 106.45(f)(4)(ii).
106 106.45(f)(4)(iii).
107 106.45(g).
108 106.45(h).
109 106.45(h)(1).
110 106.45(h)(2).
111 106.45(h)(3).
112 106.45(h)(3).
113 106.45(h)(5).
114 106.45(i).
115 106.46(a).
116 106.46(b).
117 106.45(c).
118 106.46(c)(1).
119 106.46(c)(1)(i).
120 106.46(c)(1)(ii).
121 106.46(c)(1)(iii).
122 105.46(c)(2).
123 106.46(c)(3).
124 106.46(d)(1).
125 106.46(d)(2).
126 106.46(e)(1).
127 106.46(e)(2).
128 106.46(e)(3).
129 106.46(e)(5).
130 106.46(e)(6)(i).
131 106.46(e)(6)(ii).
132 106.46(e)(6)(iii).
133 106.46(f)(1).
134 106.46(f)(1)(i)(A).
135 106.46(f)(1)(i)(B).
136 106.46(f)(1)(i)(C).
137 106.46(f)(3).
138 106.46(f)(3).
139 106.46(f)(3).
140 106.46(f)(4).
141 106.46(h).
142 106.36(h)(1)(i).
143 106.46(h)(1)(ii).
144 106.46(h)(1)(iii).
145 106.46(h)(1)(iv).
146 106.46(h)(1)(v).
147 106.46(h)(2).
148 106.45(l)(2).
149 106.45(h)(3).
150 106.46(i).
151 106.46(i)(1)(i).
152 106.46(i)(1)(ii).
153 106.46(i)(1)(iii).
154 106.45(b)(8)(iii).
155 106.46(d)(3)(i).
156 106.45(d)(3)(v).
157 106.45(d)(3)(vi).
158 106.44(k).
159 106.44(j).
160 106.44(j)(1).
161 106.44(j)(2).
162 106.44(j)(3).
163 106.44(j)(4).
164 106.44(j)(5).
165 106.8(f).
166 106.8(f)(1).
167 106.8(f)(2).
168 106.8(f)(3).
169 106.71.
170 106.2.
171 106.2.
172 106.71.
173 106.40(a) & 106.57(b).
174 106.40(b)(1).
175 106.40(b)(3)(i).
176 106.40(b)(3)(ii)(A).
177 106.40(b)(3)(ii)(B).
178 106.40(b)(3)(ii)(C).
179 106.40(b)(3)(iii).
180 106.40(b)(3)(iv).
181 106.40(b)(3)(v) & 106.57(e)(2).
182 106.40(b)(3)(vi).
183 106.40(b)(4).
184 106.40(b)(5).
185 106.57(a).
186 106.57(a)(1).
187 106.57(a)(2).
188 106.57(c).
189 106.57(d).
190 106.57(e)(1).
191 106.60(a).
192 106.60(b).