Federal Title IX sexual violence investigation still pending against D&E

Davis & Elkins spokeswoman Linda Howell Skidmore didn’t immediately respond to a request for comment from the college.

There are 91 postsecondary institutions in the country where Title IX sexual violence investigations were pending Wednesday with the Office for Civil Rights, according to a list provided to The Exponent Telegram.

Only one other West Virginia institution had an investigation pending: The West Virginia School of Osteopathic Medicine (that matter was initiated March 25, 2013), according to the list.

Last week, Davis & Elkins College baseball player Marcus Warner, 20, of Tully, New York, was charged with second-degree sexual assault in Barbour County. Warner is accused by State Police Sgt. J.A. Wyatt of assaulting a teammate following a Sept. 30, 2013, scrimmage with the Alderson Broaddus baseball team in Philippi.

The victim said Warner pushed him against a fence following the game, then assaulted him, Wyatt has alleged.

Using a finger, Warner sexually assaulted the other player through his clothing, resulting in pain for the alleged victim, “inability to use the restroom easily for days” and “extreme emotional distress,” Wyatt asserts in the criminal complaint.

Warner “admitted to having been involved in this type of activity when interviewed by college personnel on Wednesday, December 11, 2013,” Wyatt alleged. “Said interview was conducted by Scott Goddard and Coach (Ronnie) Palmer of the Davis and Elkins College Baseball Team.”

Goddard is vice president for student affairs for D&E and former golf coach. Palmer, the all-time leader in wins for D&E’s baseball program, stepped down as baseball coach last May and went from part-time athletic director to full-time athletic director.

Neither Goddard nor Palmer has responded to requests for comment.

Wyatt has said he learned of the allegation in February from the accuser, not from D&E.

As a sophomore in 2014, Warner pitched in nine games and played outfield in nine other games, according to senatornation.com.

Warner, a junior, remains on the team’s 2015 baseball roster, according to senatornation.com.

The defendant, free on bond, could face 10 to 25 years in prison if convicted.

A fact sheet from the White House, titled “Sexual Violence Where You Go to School,” explains the responsibilities of universities and colleges under Title IX of the Education Amendments of 1972.

“A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects,” the fact sheet states.

“Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student’s behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation,” the fact sheet states.

“A criminal investigation into allegations of sexual harassment or sexual violence does not (relieve) the school of its duty under Title IX to resolve complaints promptly and equitably,” the fact sheet adds.