Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs and activities (such as housing, athletics, and employment) at universities that receive federal financial assistance. Sex discrimination (further defined below) includes sexual harassment and sexual assault or violence. Wheeling University will not tolerate such discrimination.
The University does not discriminate on the basis of sex against students or applicants for admission, or employees or applicants for employment or in the administration of its policies or in any aspect of its operations. The University will respond to reported violations of Title IX by protecting the victim and our community, conducting prompt and thorough investigations and providing support.
Wheeling University has a Title IX Coordinator
The Title IX Coordinator has knowledge of and is responsible for ensuring the University’s compliance with Title IX and coordinating the investigations and resolutions of harassment, discrimination, and other sex-based complaints from students, staff and faculty. The Title IX Coordinator is also responsible for training the University community on Title IX.
The Deputy Coordinators are responsible for investigating complaints of sexual misconduct.
What is sex discrimination?
Sex discrimination is any action that adversely affects the employment or educational opportunities of a person due to his or her sex. This includes discrimination on the basis of pregnancy, in sports, in scholarship programs and in decisions or actions at all operational levels on campus. Sex discrimination also encompasses harassment of an individual on the basis of sex.
What is sexual misconduct?
Any act, including acts between members of the same sex, of sexual harassment, sexual violence, sexual assault, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, stalking, intimidation, dating violence, or domestic violence, or any act that creates a hostile environment or any act of retaliation against a complainant or anyone involved in a grievance procedure under this policy.
What is sexual harassment?
Sexual harassment is unwanted conduct of a sexual nature.
What is a hostile environment?
“Hostile environment” means activity or conduct involving sexual harassment that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s program.
What is sexual assault?
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.
What is Consent?
Verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.
Through collaborative efforts among various departments and community partners, the University works to prevent all forms of sexual discrimination and misconduct through education, awareness and skill building. The Title IX Coordinator offers training on sexual misconduct and discrimination intended to raise awareness of these important issues.
Title IX Coordinators
David Tomanio, Ph.D., SPHR
Interim Director, Human Resources
Human Resources: CET 307N
Deputy Title IX Coordinator for Athletics
J Maxwell Kimbrough
Deputy Title IX Coordinator, Student Activities
How do I file a complaint?
If you have been sexually assaulted, you should call the WU Security immediately at tel. 304-243-2486. Security can be reached 24 hours a day, can help you obtain medical attention and can help you file a criminal complaint with the Wheeling Police Department, if that is what you want to do.
You can contact David Tomanio, Interim Director, Human Resources, 1-304-243-2639, email firstname.lastname@example.org for complaints of non-violent sex discrimination, such as sexual harassment or other gender-based issues.
You can access, complete and submit the reporting form electronically.
Questions about sex discrimination or complaints can also be filed with the Office of Civil Rights.
Office of Civil Rights
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202