CHARLESTON - A parent is suing Fayette County Board of Education after they claim their daughter was sexually assaulted by a bus driver.
Steven Richard "Rick" Malay, a bus driver employed by Fayette County Board of Education, was also named as a defendant in the suit.
B.H. attended public school in Fayette County and regularly rode a school bus driven by Malay, who lived in the same neighborhood and attended the same church as B.H., according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.
S.R. claims Malay began grooming B.H. as a sexual assault victim my making inappropriate comments about her body and she felt very uncomfortable and verbally discouraged Malay from making such comments.
When she did this, she was required to see the principal because Malay had told the principal that B.H. had made disrespectful statements to him, according to the suit.
S.R. claims B.H. told the principal she was not making disrespectful comments toward him and that he had been making inappropriate comments about her.
B.H. was assured by the principal that he was going to speak with Malay about the inappropriate comments, according to the suit.
S.R claims Malay constantly made comments about B.H.'s appearance and when B.H. responded to a comment, Malay reported her again to the principal and this time, she was forced to apologize to Malay.
The inappropriate comments got worse and more suggestive and Malay was seen ogling other young girls on the bus as well, according to the suit.
S.R. claims Malay would make lewd comments to B.H. and commented as he drove by her house that he had been watching her while she was in the pool in her backyard.
On Oct. 4, 2012, Malay gave B.H. his cell phone number and the following day, Malay met B.H. and they engaged in sexual relations, according to the suit.
S.R. claims B.H. feared that if she told anyone, she would get into trouble and that she wanted the relationship to end but did not know how to end it or who to tell about it.
At some point near the end of 2012, word got around the school that B.H. and Malay had some sort of relationship and, because of these stories, B.H. became the target of bullying at the school.
On Dec. 14, 2012, a state police officer received a telephone call from an anonymous male, who stated a male school bus driver was having a sexual affair with B.H. and a similar anonymous call had been received by Fayette County Child Protective Services, according to the suit.
S.R. claims on Dc. 28, 2012, Malay was first questioned and confessed to the relationship, but placed the blame on B.H.
The bullying at school became worse and B.H. had to switch to a homebound curriculum, give up the band and other activities and miss out on the high school experience, according to the suit.
S.R. is seeking compensatory and punitive damages. She is being represented by Lonnie C. Simmons of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC; and Tony L. O'Dell of Tiano & O'Dell PLLC.
The case is assigned to District Judge John T. Copenhaver Jr.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-13466
