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Compliance & Equity
Policy Library

Prohibiting Discrimination, Discriminatory Harassment, Retaliation & Sexual Misconduct

Title: Policy Prohibiting Discrimination, Discriminatory Harassment, Retaliation & Sexual Misconduct 
Effective Date: August 22, 2014
Responsible Office: Compliance & Equity
Last Updated: October 13, 2026 (Effective November 1, 2026)
Next Review: May 2029

Table of Contents

I. Scope

This policy applies to William & Mary (W&M) as a whole university. It applies to all members of the university community affected by discrimination, harassment, retaliation or sexual misconduct, including faculty, staff, and students.

It is W&M policy to prohibit discrimination, discriminatory harassment, retaliation and sexual misconduct as defined in the policy  against members of the university community who belong to a protected class or who are perceived to belong to a protected class when the conduct:  

  • occurs on campus or property owned or controlled by the university (university property);
  • occurs in the context of a university employment or educational program or activity, including, but not limited to, university-sponsored research, or internship programs;
  • occurs in circumstances in which the university exercised substantial control over both the respondent and the context in which the conduct occurred.

Officially recognized organizations, such as student organizations, are subject to this policy, provided that, to the extent permitted by law, social organizations such as fraternities and sororities may restrict membership to members of the same sex, and organizations whose primary purpose is religious or political may restrict their membership to those members of the university community who have similar beliefs or political affiliations.

This policy is not intended, and may not be applied, to abridge free speech or other civil rights of any individual or group.  Speech and expressive conduct may, however, violate this policy; for example, offensive speech that creates a hostile environment may be prohibited discriminatory harassment   This policy is not meant to prohibit academic freedom, including classroom discussion of controversial matter and research activities.

II. Purpose

The university is committed to maintaining an environment that is free from sexual misconduct and discrimination, discriminatory harassment, or retaliation based on a person’s belonging to or perception that a person belongs to a protected group. 

Discrimination, discriminatory harassment, retaliatory misconduct or sexual misconduct by anyone is prohibited.  It will be addressed in a prompt, equitable manner in accordance with this policy and the applicable procedure. 

This policy helps William & Mary comply with federal and state laws, including civil rights laws that prohibit discrimination based on race, color, national origin, sex, disability, and age including: 

  • Virginia Code § 2.2-3900
  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., implementing regulation at 34 C.F.R. Part 100 (prohibiting race, color, and national origin discrimination)
  • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
  • Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., implementing regulation at 34 C.F.R. Part 106 (prohibiting sex discrimination)
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, implementing regulation at 34 C.F.R. Part 104 (prohibiting disability discrimination)
  • Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., implementing regulation at 28 C.F.R. Part 35 (prohibiting disability discrimination by public entities, regardless of whether or not they receive federal financial assistance)
  • Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., and its implementing regulation at 34 C.F.R. Part 100 (prohibiting age discrimination)
  • The Uniformed Services Employment and Reemployment Rights Act of 1994 (Title 38 U.S. Code, Chapter 43, Sections 4301-4335, Public Law 103-353)
  • Genetic Information Nondiscrimination Act (42 U.S.C. 2000ff)
  • Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 note)

III. Definitions

Complainant means an individual who is alleged to be the victim of conduct that could constitute discrimination, discriminatory harassment, retaliation or sexual misconduct as defined under this policy.

Consent means a mutual agreement between participants to engage in specific types of sexual activity.  

Discrimination means unfair treatment because of a person’s belonging to or perception that a person belongs to a protected group and the treatment:  

  • adversely affects a term or condition of an individual’s employment, education, or participation in a university activity
  • is used as a factor in a decision affecting an individual’s employment, education, or participation in a university activity
  • constitutes harassment that creates a hostile environment.

Disability Discrimination means

  • intentional failure to provide an approved accommodation for a person’s disability as required by law, or any other violation of a disabled person’s rights under applicable anti-discrimination laws.

Disparate Treatment means different treatment of members in a protected group from similarly situated people not in a protected group, or in the absence of comparative evidence, other direct evidence of discriminatory intent or indirect evidence that the actions were motivated by discrimination.

Discriminatory Harassment means unwelcome conduct based on a person’s belonging to or a perception that a person belongs to a protected group.  Harassment violates this policy when it creates a hostile environment.

Educational Program or Activity means any academic, extracurricular, research, occupational training, or other educational program or activity operated by W&M, and applies in all aspects of participation, including access to resources, treatment under rules, and opportunities to benefit from the program.

Faculty means those persons who have teaching and/or research responsibilities and who hold academic appointments in a department, program, or school of the university, as well as those administrators who hold an academic appointment in a program, school or department.

Force means to make someone do something against their will. Force includes physical violence, threats, intimidation and/or coercion.

  1. Physical violence includes hitting, punching, slapping, kicking, restraining, strangling, and brandishing or using any weapon. 
  2. Threats are words or actions that would compel a reasonable person to engage in unwanted activity, including sexual activity. Examples include threats to harm oneself or another person physically, to reveal private information to harm a person’s reputation or to cause a person academic or economic harm. 
  3. Intimidation is an implied threat that causes reasonable fear in another person. A person’s size, alone, does not constitute intimidation; however, a person’s size may be used in a way that constitutes intimidation (e.g., blocking access to an exit). 
  4. Coercion is an unreasonable amount of pressure on someone to participate in an activity, including a particular form of sexual activity, to change their mind after they asked to stop or have indicated a lack of consent previously, or to change their mind about clear boundaries they have established  

Coercion is more than an effort to persuade, entice, or attract another person to have sex. In evaluating whether coercion was used, the university will consider: (i) the frequency of the application of the pressure, (ii) the intensity of the pressure, (iii) the degree of isolation of the person being pressured, (iv) the duration of the pressure, and (v) any power differential between the parties.

Formal complaint means a document filed either by a complainant who is participating in or attempting to participate in an educational program or activity of the university or by the Director of Title IX & Civil Rights Compliance that alleges discrimination, discriminatory harassment, retaliation, or sexual misconduct and requests that the university investigate the allegations.

Hostile Environment by an Employee or Employees means conduct that is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. Conduct must be deemed severe or pervasive from both a subjective and an objective perspective.  In evaluating whether a hostile environment exists, the university will consider the totality of known circumstances, including, but not limited to: 

  • The frequency, nature and severity of the conduct
  • Whether the conduct was physically threatening
  • The effect of the conduct on the Complainant’s mental or emotional state
  • Whether the conduct was directed at more than one person
  • Whether the conduct arose in the context of other discriminatory conduct
  • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities
  • Whether the conduct implicates concerns related to academic freedom or protected speech

Hostile Environment by a Student or Students means conduct that occurs between student peers that is sufficiently severe, pervasive, and objectively offensive such that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s education programs and/or activities. In evaluating whether a hostile environment exists, the university will consider the totality of known circumstances, including, but not limited to: 

  • The frequency, nature and severity of the conduct
  • Whether the conduct was physically threatening
  • The effect of the conduct on the Complainant’s mental or emotional state
  • Whether the conduct was directed at more than one person
  • Whether the conduct arose in the context of other discriminatory conduct 
  • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities
  • Whether the conduct implicates concerns related to academic freedom or protected speech

Incapacitation means the physical and/or mental inability to make informed, rational judgments about whether or not to engage in an activity, including sexual activity.   

Mandatory Reporter means any university employee or designated student worker required by federal and state law (which designates such employee as a “Responsible Employee”) to promptly notify the Director of Title IX & Civil Rights Compliance of possible prohibited conduct under this policy, except those employees who serve in a confidential resource role.  

Pregnancy Discrimination means intentional failure to provide an approved accommodation for an employee’s temporary medical condition of pregnancy and pregnancy-related conditions.

Pregnancy-Related Conditions means an employee’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from any of these conditions.

Protected Group means a category of individuals under state or federal law who are protected from discrimination based on race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, disability, citizenship status, or predisposing genetic characteristics.

Religious Discrimination means intentional failure to provide an approved accommodation for an employee’s sincerely held religious beliefs, practices or observances.

Report means information about alleged discrimination, discriminatory harassment, or retaliation sexual misconduct affecting a member of the university community that is provided to the Office of Compliance & Equity by a Complainant, a mandatory reporter or a third-party reporter. 

Respondent means an individual alleged to have engaged in conduct that could constitute a violation of university policy. 

Retaliation means material adverse action taken by a respondent or allied third party against a person because the person made a good faith report of discrimination, discriminatory harassment, retaliation or sexual misconduct, or the person is involved in or participated in an investigation or proceeding of such reported allegation under this policy.  Retaliation includes, but is not limited to, threatening, intimidating, harassing, coercing or any other conduct that would deter a reasonable person from engaging in activity protected under this policy.  Retaliation does not include good faith counter complaints lawfully pursued in response to a report of discrimination or harassment, or non-discriminatory adverse actions taken for legitimate purposes

Sexual Misconduct means

  1. Sexual Harassment, Quid Pro Quo Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence or Stalking as defined in the Title IX Policy, but is not within the jurisdictional requirements of Title IX Sexual Harassment, and/or
  2. Sexual Exploitation, which means taking sexual advantage of another person without effective consent by causing the incapacitation of another person for a sexual purpose; causing the prostitution of another person; electronically recording, photographing, or transmitting images of a person’s intimate parts or sexual information about a person without their knowledge or consent; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; exposing one’s genitals; inducing another to expose their genitals; and/or knowingly transmitting a sexually transmitted infection, including HIV, to another person.

Staff means employees who are designated as executive, professional, professional faculty, operational, classified and non-student hourly employees and who do not hold an academic appointment in a program, school, or department. 

Student means all persons taking courses at the university, either full-time or part-time, persons pursuing undergraduate, graduate, or professional studies, and persons enrolled as non-degree-seeking students.

Supportive measure means non-disciplinary, non-punitive, individualized service offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after making a report or filing of a formal complaint.

IV. Policy

A. Prohibited Conduct  

The following types of conduct, as defined in Section III of this policy, are prohibited and a violation of university policy subject to sanctions as described in the applicable procedure: 

  • Disparate Treatment Discrimination 
  • Disability Discrimination
  • Discriminatory Harassment
  • Pregnancy Discrimination 
  • Religious Discrimination
  • Sexual Misconduct
  • Retaliation

B. Retaliation Separate from Discrimination or Discriminatory Harassment

Separate disciplinary action may be imposed if there is a finding of responsibility for retaliation.   Retaliation may be present even where there is a finding of no responsibility on the allegations of the underlying alleged conduct.   

C. Discriminatory Harassment Standards 

The university’s harassment policy is not meant to inhibit or prohibit educational content or the open exchange of ideas inside or outside of the classroom that include relevant or useful concepts and personal beliefs or opinions.  Controversial or sensitive subject matters are protected by academic freedom and freedom of speech. Mere words or expression of a belief or opinion that some person finds offensive, standing alone, is not a sufficient basis to establish a hostile environment under the statutes enforced by this policy.

Conduct that substantially interferes with a student, staff or faculty member’s access to education or employment or threatens physical or mental harm is considered discriminatory harassment under university policy. In order to find someone in violation of discriminatory harassment, the harassment must create a hostile environment as defined above.  A hostile work environment is established if the harassment is determined to be sufficiently serious (i.e., severe, persistent or pervasive) as to be considered intimidating, hostile, or abusive.  A hostile environment between student peers is established when the harassment has the effect of limiting or denying a person's ability to participate in or benefit from an educational program or activity.   Conduct alleged to substantially interfere with or threaten  physical or mental harm will be evaluated from the perspective of a reasonable person in the alleged victim’s position, considering all the circumstances.  Conduct that does not yet rise to the level of a hostile environment can be addressed without imposing punishment to inform the individual that if the conduct continues, it may create a hostile environment.     

D. Application of Consent  

To be effective, consent must be an informed, deliberate, and voluntary decision to engage in mutually acceptable sexual activity. Consent is an affirmative process, through words or actions, and cannot be based on assumptions.  It is the responsibility of the person who wants to engage in sexual activity to ensure that they have received consent from any other person(s) involved. If an individual initiating sexual activity is not sure if they have received consent, they have an obligation to seek additional clarification. Failure to do so could violate this policy.  W&M policy requires that individuals obtain consent before engaging in any and all forms of sexual activity.  See Appendix A: Guidance on Sexual Consent.

E. Application of Incapacitation 

Someone who is incapacitated cannot give consent and any consent that is given is considered invalid due to incapacitation.  An individual’s incapacitation may be due to alcohol or drugs, sleep or unconsciousness, or an intellectual or other mental or physical disability.

Not all changes in emotional or mental state constitute incapacitation. A person is not necessarily incapacitated merely as a result of drinking or using drugs.  In evaluating consent in cases of alleged incapacitation, the university asks whether the respondent knew the complainant was incapacitated or whether a sober, reasonable person in the same situation would have known that the complainant was incapacitated.

V. Reporting Misconduct

A. Internal Reports 

Reporting Discrimination, Discriminatory Harassment, Retaliation or Sexual Misconduct prohibited under this policy allows W&M to provide prompt, supportive measures to protect and support individuals in their educational or work environments, assess safety and concerns, and determine the appropriate response. Supportive measures may be provided even if the Complainant does not want to initiate a university administrative process or a criminal process.  Additional information about supportive measures is provided in the relevant procedures.

Reports of discrimination, discriminatory harassment, retaliation or sexual misconduct prohibited under this policy may be made to the Office of Compliance & Equity or the Director of Title IX and Civil Rights Compliance at: 

Dr. Jenelle Job, PhD, SP, CCEP
Director of Title IX and Civil Rights Compliance/Title IX Coordinator
Office of Compliance & Equity
James Blair Hall, Suite 110
Williamsburg, VA 23185  
Phone: (757)221-4977
[[jmjob]] or [[compequity]]

B. Methods of Reporting

Online Reports                

Online reports via the Office of Compliance & Equity Guardian case management system

In-Person or Written Reports (mail or email)

Office of Compliance & Equity
James Blair Hall. Suite 110
Williamsburg, Virginia 23185
[[compequity]]

Anonymous Reports

Anonymous reports or partial disclosure reports of incidents involving students or employees may be made by non-mandatory reporters through the online case management system. Anonymous reports or partial disclosure reports of incidents involving students or employees made by non-mandatory reporters may be filed physically using the secure drop box located outside of the Office of Compliance & Equity on the first floor of James Blair Hall Suites 110-116. 

Anonymous reports of sexual assault to William & Mary Police Department (WMPD) made by non-mandatory reporters may contact WMPD dispatch at (757) 221-4596 or in person at 201 Ukrop Way. Anonymous reports of crimes of sexual assault, dating violence, domestic violence or stalking may be included in the university's crime statistics as required by the Clery Act Compliance Policy.  WMPD can also assist survivors with the process of physical evidence collected and maintained through a Physical Evidence Recovery Kit (PERK), anonymously, at a local hospital. 

C. Requests Not to Investigate

The university will not begin an internal investigation without a formal complaint signed by the Complainant and submitted to the Title IX Coordinator, or without a formal complainant signed by the Title IX Coordinator when the circumstances and risk factors of the report indicate a safety concern for the university community.  The university must consider its obligation to other students or employees and the campus community. In addition, Virginia law requires the university to report sexual violence incidents to law enforcement and/or the relevant prosecutor, in certain circumstances. (See Va. Code § 23.1-806. Reporting of acts of sexual violence)  

D. Privacy

The university makes every effort to protect the privacy and confidentiality of people who report or are named in a report of discrimination or discriminatory harassment. Information reported will be shared only on a need-to-know basis. The university also takes steps to protect members of its community against further misconduct, including retaliation.  Confidentiality and retaliation protections exist in part to help encourage people who experience misconduct to come forward. 

E. Amnesty from Student Discipline   

In order to facilitate full and truthful reporting and witness participation, the university generally does not charge parties or material witnesses with Student Code of Conduct violations, such as consuming alcohol underage or consuming illegal drugs, unless such behavior relates directly to alleged conduct.  An example of a violation that relates directly to a an allegation of prohibited conduct would be provision of alcohol to an underage complainant by a respondent, when there is an allegation that the respondent provided the alcohol as a means to facilitate a sexual assault. 

F. Confidential Resources

Confidential resources provide confidential, trauma-informed counseling or support, healthcare and medical services, or ombuds services.

For Students:   

Students who are not sure whether they want to make a formal complaint are encouraged to contact The Haven.  The Haven can provide confidential support, timely health and safety information, on and off campus resources, modifications to academics and campus living, and help a survivor understand the rights and options available to them. 

The Haven   Sadler Center 146P 
(757) 221-2449 
thehaven@wm.edu 

William & Mary Counseling Center 
McLeod Tyler Wellness Center, 2nd Floor
(757) 221-3620  

Student Health Center 
McLeod Tyler Wellness Center, 1st Floor 
(757) 221-4386

Campus Ministries United Spiritual Leaders

CMU Directory

For Employees: 

The University Ombuds  
ombuds@wm.edu 

(757)-221-2222
 
Employee Assistance Program (EAP) 
COVA Care and COVA HDHP                    
Anthem Blue Cross and Blue Shield 
Anthem EAP:  1-855-223-9277 www.anthemeap.com
Log in:  Commonwealth of Virginia 
 
COVA HealthAware 
Aetna 
Aetna EAP: 1-888-6232 www.mylifevalues.com 
Username: COVA  Password: COVA 

Anthem Crisis Line - 1-855-223-9277 Press 1 for Crisis 

Community Services Board  
Telehealth services 757-230-3200 

G. Mandatory Reports

Supervisors, including faculty supervisors, who are told of, become aware of, or witness discrimination, discriminatory harassment, or retaliation experienced by a subordinate employee in their line of supervision are required to file a report with the Director of Title IX and Civil Rights Compliance.All faculty and staff, including designated student staff, who are told of, become aware of, or witness any sex-based discrimination, sexual harassment, gender-based harassment, or sexual misconduct affecting a member of the university community including faculty, staff or students are required to  file a report with the Director of Title IX and Civil Rights Compliance. 

Consistent with the requirements of Va. Code § 23.1-806, employees who are mandatory reporters are required to report all known details (obtained directly or indirectly), including but not limited to: name(s) of parties and witnesses, location(s), date(s) / time(s), event description(s), witnesses, involvement of law enforcement (if any), and any action taken by the mandatory reporter or another university office or official.

Exemptions 

Staff members of the Counseling Center, the Student Health Center, The Haven and the Ombuds office who are designated confidential resources for students or employees are not mandatory reporters and are exempt from the reporting obligations in this section except as otherwise required by law.

H. Reports to Law Enforcement

Discriminatory harassment, including hate crimes, may be reported to law enforcement for investigation. The reports may be made instead of or in addition to reports made to the university administration. A survivor may choose to pursue one or both options.  William & Mary staff members can help students file a criminal complaint, if desired.    

I. Reports to External Agencies

Individuals experiencing harassment or discrimination also have the right to file a formal grievance with government authorities.  Information about the different state and federal governmental agencies, which laws they enforce, and what types of complaints they handle is provided in Appendix B. 

VI. Enforcement

Disciplinary action (sanctions) will be taken in accordance with the applicable procedure:  

For third parties, the r availability of university procedure depends on the nature of the individual’s relationship to the university and the nature of the conduct. 

Both procedures provide for a thorough investigation with equitable rights for all parties to the process. Both procedures use a preponderance of the evidence (more likely than not) standard.

VII. Approval & Amendment

This policy was approved by the President.  Minor, technical revisions, such as to update contact information, may be made by the Chief Compliance Officer.  Revisions or amendments to the definitions in Section III require the approval of the Faculty Assembly, provided that the Board of Visitors retains the ultimate authority over institutional policies.    

This policy was amended by the President effective July 1, 2015, to (1) comply with Virginia Code 23-9.2:15 by revising the reporting provisions to require reporting of sexual violence occurring on university’s Clery Act geography and by eliminating the provision permitting initial reporting of incidents without identifying details, (2) make changes conforming to amendments to other policies and (3) make grammatical corrections and formatting improvements.   

This policy was amended by the President effective May 1, 2016, to (1) clarify the scope of the policy, (2) clarify the relationship of the policy to speech, particularly provisions relating to harassing conduct that has not risen to the level of a policy violation, (3) update office names, and (4) update appendices and cross-references including to reflect amendments to other policies, and (5) add the Faculty Assembly approval right.   

The policy was amended by the President effective August 14, 2020 to (1) establish the purpose of the policy (2) define types of discriminatory conduct and protected groups (3) clarify when a faculty or staff member is required to make a mandatory report of discrimination, harassment or retaliation. 

The policy was amended by the President effective August 16, 2021 to (1) include sexual harassment and sexual misconduct that is not included in the Policy Prohibiting Title IX Sexual Harassment and Gender-Based Harassment (2) more closely align the definition of protected groups with categories under federal regulations. 

The policy was amended by the Chief Compliance Officer effective May 9, 2025 to more closely align the definition of protected groups with categories under federal regulation and the Code of Virginia.

The policy was amended by the Executive Vice President & Chief Operating Officer on October 13, 2026 effective November 1, 2026 to update the definition Sexual Misconduct, add definitions Educational Program and Activities, Supportive Measures, Pregnancy Related Conditions to remove definition of Disparate Impact and remove Disparate Impact as a violation of this policy, to add Disability Discrimination, Pregnancy Discrimination and Religious Discrimination as violations of this policy, and to move guidance on obtaining consent for sexual activity and incapacitation to Appendix A.

VIII. Related Documents, Policies & Procedures

Appendix A: Guidance on Obtaining Consent for Sexual Activity and Incapacitation

Members of the university community choosing to engage in any form of sexual activity – from touching or kissing to intercourse – must obtain consent from their partner(s) prior to engaging in such activity.  Appendix A provides guidance on obtaining consent and exercising caution when consumption of alcohol or drugs occurs. 

Consent is Active, Voluntary, Informed:

  • Active – through clear words or actions, a person has indicated permission to engage in mutually agreed upon sexual activity. Sex is something you participate in -- not something that happens to you.
  • Voluntary – freely given.
  • Informed – knowing and aware.

Consent is NOT:

  • Merely a lack of protest or lack of resistance. Silence and/or passivity also do not convey consent.
  • Something to be assumed. Consent to sexual activity once does not imply consent another time. Nor does consent to one type of sexual activity mean consent to another.
  • Valid if any force is used. 
  • Valid if the person consenting is incapacitated. Someone who is incapacitated cannot consent.   

A person’s belief that another person consented is not valid when:

  • The belief arose from the person’s own intoxication or recklessness; or
  • The person knew the other person was incapacitated (as described below; or
  • A reasonable person, in the circumstances, should have known that the other person was incapacitated.

Consent is specific. 

Consent to one form of sexual activity does not constitute consent to another form of sexual activity. For example:

  • Consent to oral-genital contact does not constitute consent to vaginal or anal penetration;
  • Consent to sexual activity on one occasion does not, by itself, constitute consent to future sexual activity.

Consent is revocable. 

  • Consent may be withdrawn at any time, for any reason, even after sexual activity has begun.
  • Previously-given consent may be withdrawn by communicating through clear words or actions a decision to stop (or not engage in) the sexual activity.
  • Once consent is withdrawn, the other person must cease sexual activity without delay and may not apply undue pressure on the person who withdrew consent (coercion).
  • Consent obtained by force is invalid.

Application of Incapacitation

Someone who is incapacitated cannot give consent and any consent that is given is considered invalid due to incapacitation.  An individual’s incapacitation may be due to:

  • Alcohol or drugs;
  • Sleep or unconsciousness; or
  • An intellectual or other disability.

Not all changes in emotional or mental state, however, constitute incapacitation. Someone who is upset, tired, or intoxicated (for example) may make different choices than they would when they were in a calm, rested, or sober state, but that does not mean that they lack capacity to give consent.  A person is not necessarily incapacitated merely as a result of drinking or using drugs.  However, alcohol consumption, particularly rapid consumption or consumption together with other drugs, can prevent the formation of long-term memories (“blackout”); someone who (temporarily) cannot form long-term memories may or may not have the capacity to consent.  

In situations where both parties raise concerns regarding consent due to incapacitation, the university evaluates factors such as: 

  • When and in what context the concerns were raised
  • How the sexual activity was initiated
  • The degree to which aggression was applied and/or
  • The level of a party’s control or capacity
If someone is incapacitated, any initiation of sexual activity by this person does not presume consent. 

Being impaired by alcohol or other drugs is not a defense to any violation of this policy.

In evaluating consent in cases of alleged incapacitation, the university asks two questions: (1) Did the respondent know that the complainant was incapacitated? and if not, (2) Would a sober, reasonable person in the same situation have known that the complainant was incapacitated? If the answer to either of these questions is “YES,” consent was invalid and the conduct is likely a violation of this policy.

Appendix B: External Reporting Options

Agencies that Accept Complaints or Enforce Laws

Department of Human Resource Management

The Virginia Department of Human Resource Management (DHRM) is the central human resource (HR) agency for the Commonwealth of Virginia. DHRM promulgates and provides guidance on important personnel policies, particularly policies applying to classified and operational employees. DHRM's policy library is available online.  

DHRM also has two offices that handle discrimination complaints.  

  • The Office of Equal Employment Services (OEES) enforces the Governor's Executive Order, which prohibits discrimination based on race, gender, color, national origin, religion, sexual orientation, gender identity, age, veteran's status, political affiliation, or disability.  OEES's brochure including information on filing a complaint is available online.
  • The Office of Employment Dispute Resolution (EDR) processes a wide range of workplace disputes, through mediation and a grievance process.  This process may be used instead of the OEES process. Information about these processes is available on DHRM's website.

The Equal Employment Opportunity Commission

The EEOC enforces

  • Titles VI of the Civil Rights Act of 1964, which prohibits race and national origin-based discrimination
  • Title VIIof the Civil Rights Act of 1964, which prohibits race, color, national original, sex, or religion-based discrimination,
  • certain provisions of the Americans with Disabilities Act (ADA), which prohibits discrimination against qualified individuals with disabilities and requires employers to make reasonable accommodations for qualified individuals with disabilities, 
  • the Equal Pay Act,
  • the Age Discrimination in Employment Act, and
  • other certain federal discrimination laws applicable to employees.  

Employees and applicants for employment may file complaints with the EEOC.  The EEOC provides information about filing a charge with the Norfolk field office online. Information about the Richmond field office is available online. 

The EEOC also provides guidance on the various types of discrimination on its website.  

Office of Civil Rights of the U.S. Department of Education

The federal Office of Civil Rights of the Department of Education provides guidance and investigates student complaints regarding certain federal discrimination laws:  

  • Titles VI of the Civil Rights Act of 1964, which prohibits race and national origin-based discrimination
  • Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified students with disabilities and require reasonable accommodation to be made for students or applicants with disabilities,
  • Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination,
  • the Age Discrimination Act of 1975, which applies to age discrimination of students (the Age Discrimination in Employment Act is the federal law relating to age discrimination as applicable to employees), and
  • certain other federal discrimination laws applicable to students,

Complaints may be filed by anyone who believes that William & Mary has discriminated against someone on the basis of race, color, national origin, sex, disability, or age.  Access the online complaint form. 

OCR provides guidance on various discrimination topics in its online reading room.  

The Office of Federal Contract Compliance Programs 

The Office of Federal Contract Compliance Programs (OFCCP) is the federal agency that ensures that all employers who contract with the federal government -- including William & Mary -- follow non-discrimination laws in their employment practices.  This Office is a part of the U.S. Department of Labor.  Specifically, OFCCP enforces

  • Section 503 of the Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals on the basis of disability and also requires affirmative actions steps to hire, retain, and promote qualified individuals with disabilities.  
  • VEVRAA, or the Vietnam Era Veterans' Readjustment Act of 1974, as amended, which prohibits discrimination against specified categories of veterans and requires affirmative action steps to hire, retain, and promote covered veterans.
  • Executive Order 11246, which prohibits discrimination and requires affirmative action to ensure that all employment actions are made without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.  (President Obama amended Executive Order 11246 on July 21, 2014, to prohibit discrimination based on sexual orientation and gender identity.)

People who believe that they have been discriminated against in hiring or employment, by William & Mary, may file a complaint with OFCCP.  According to OFCCP's website, "OFCCP keeps for investigation discrimination complaints that involve groups of people or indicate that the employer engaged in a pattern of discrimination. If your complaint of discrimination is based on race, sex, color, religion, national original, and you are the only victim, OFCCP will normally refer your complaint to the Equal Employment Opportunity Commission (EEOC)."

The Civil Rights Division of the Department of Justice (DOJ) 

The Civil Rights Division of DOJ enforces: 

  • laws providing equal opportunity for people with disabilities, specifically the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Executive Order 12250.  
  • Title VI of the Civil Rights Act of 1964, which protects students from discrimination on the basis of race, color, national origin, sex, and religion in public universities (such as William & Mary), and Title IX of the Education Amendments of 1972, prohibiting sex-based discrimination. These activities are performed by the Educational Opportunities Section of DOJ's Civil Rights Division.  

DOJ provides online information about how to file a complaint regarding a potential civil rights violation. According to this website, employees who believe they have been discriminated against on the basis of their race, sex, color, religion or national origin "should contact the Equal Employment Opportunity Commission." Similarly, people who believe they have been denied employment on one of these bases are also directed to contact the EEOC.

Organizations that Provide Information About or Advocate for Discrimination Compliance Issues 


The EEOC, OCR, and OFCCP, all listed above, provide online resources available to the public regarding various discrimination laws.  The organizations described below are some non-governmental associations or other entities that may provide helpful information or services.  These organizations are not affiliated with William & Mary and William & Mary does not make any representations about these organizations.  They are listed in alphabetical order.

In addition to the resources listed here, William & Mary's Center for Student Diversity has collected information about many other organizations and web-based resources.