CHARLESTON - A trial date has been set for a Cabell County family that sued Glenville State College after members of the college's athletic department allegedly mistreated their son, a member of the school's basketball team.
The case between Glenville State and Richard and Carol Simmons will be heard Aug. 25, 2008, in the court of Kanawha Circuit Judge Louis Bloom.
The sides currently are reserving expert witnesses and have released a list of at least 15 fact witnesses who might be called, including Glenville State President Peter Barr, Vice President Cathy Butler and representative from the Board of Governors.
The suit was filed July 12, 2007, in Kanawha Circuit Court. Adam Simmons is also named as a plaintiff.
According to the suit, Dwaine Osborne and Matthew Greene, the head coach and assistant coach of the men's basketball team, recruited Simmons, and offered him a basketball scholarship. Adam Simmons began playing basketball for Glenville State College in 2006.
During his stay at Glenville, Simmons moved into Pioneer Village, an athletic housing complex owned and operated by the college.
According to the suit, Simmons was playing in a game in Owensboro, Ky., against Kentucky Wesleyan College on Dec. 19, 2006.
During the game, Simmons claims he was "viciously" struck in the head by Greene, which caused pain and suffering.
Simmons then met with his coaches to discuss Greene's actions and ask for safety from further malicious actions.
According to the suit, Simmons' belongings were moved out of his apartment Dec. 28, 2006, by a teammate, who then moved into the apartment, under the direction of Osborne.
After an unsuccessful attempt to resolve the situation, Simmons and his parents then met with Athletic Director Steve Harold and Butler on Jan. 2, 2007. According to the suit, the Simmons' were told the situation would be investigated. They also met with Barr, who also assured them he would look into the incidents.
After the meetings with the administration, Adam Simmons withdrew from classes at Glenville State, but did not withdraw as a student.
The suit says that over the next several days, Simmons and his parents attempted to communicate with Barr concerning his status and were informed of other options, including enrolling in Marshall University. The deadline to enroll in Marshall was Jan. 12, 2007.
As of Jan. 11, 2007, Simmons claims he had not received any information that the situation was resolved and enrolled in Marshall, where he was not offered a scholarship or position with any athletic team.
According to the suit, Simmons enrolled in Marshall to continue his education and move forward with his life.
In the five-count suit, Adam Simmons claims he has suffered pain and humiliation, financial, emotional and physical turmoil and suffering.
Therefore, through attorney Ronald H. Hatfield Jr., Simmons and his parents seek incidental and consequential damages for emotional distress and mental anguish, annoyance, aggravation and inconvenience, plus punitive damages.