Feds open inquiry into complaint at W.Va. college

Associated Press

CHARLESTON, W.Va.

Davis & Elkins College said it is cooperating with a federal investigation over its handling of sexual-abuse allegations.

The investigation by the U.S. Department of Education’s Office of Civil Rights centers on allegations of hazing and sexual harassment involving the school’s baseball team, The Charleston Gazette reported.

Charleston attorneys Lee Javins and Mark Barney are representing a former Davis & Elkins baseball player. They claim the player was subjected to unwanted sexual touching multiple times by at least one upperclassman.

Javins said the incidents occurred on campus during team functions, including practices and workouts, and were reported by the player to the school.

“There’s evidence of an epidemic within the baseball team that a number of upperclassmen engaged in sexual violence toward a number of freshmen under the general heading of hazing — like a ‘welcome to the team,’” Javins said. “These are not teammates slapping each other on the backside in some congratulatory manner. Not even close. It is far, far worse than that.”

The Office of Civil Rights’ investigation focuses on whether the Elkins college responded promptly to the complaints and whether students were subjected to a sexually hostile environment. A statement released by Davis & Elkins on Sunday said it was notified by the Department of Education on Sept. 8.

Dozens of U.S. colleges and universities were informed earlier this year that they were under investigation by the Department of Education to see whether the schools were complying with Title IX provisions regulating institutions’ handling of sexual violence. Title IX is the same law that guarantees girls and women equal access to sports, but it has increasingly been used by sexual-abuse victims who say their schools failed to protect them.

Davis & Elkins said it will fully cooperate with the inquiry, “which we expect will illustrate that the original allegations were handled in a manner that was thorough, fair, and in alignment with the Department’s guidance.”