LOGAN – The parents of a student at West Chapmanville Elementary School are suing the Logan County Board of Education after they claim their son was sexually abused by another student.
On March 20, 2015, T.W., a classmate of A.M.K., witnessed A.M.K. drop his pencil onto the floor under a desk and, when A.M.K. went to retrieve the pencil, another classmate, D.B., pulled his pants down, grabbed A.M.K.’s head and forced him to put his mouth on D.B.’s penis, according to a complaint filed March 7 in Logan Circuit Court.
C.D. and J.K. claim prior to the incident, A.M.K. enjoyed school, his teacher and making new friends.
Sometime after the incident, T.W. told her mother what she had seen and, on March 23, 2015, T.W.’s mother informed the school about the sexual abuse and an investigation by the West Virginia State Police ensued, according to the suit.
C.D. and J.K. claim it was discovered during the investigation that A.M.K. was sexually abused, assaulted and molested by D.B. on multiple occasions prior to the March 20, 2015, incident, all while the students were under the control and supervision of the Logan County Board of Education.
Following the investigation, A.M.K. underwent a forensic psychiatry evaluation wherein he told the doctor of at least five occasions where D.B. had forced him to do the same thing while the teacher was working at her desk and another student had told the teacher, according to the suit.
C.D. and J.K. claim the defendant failed to properly supervise its students and failed to provide a safe environment at the school, causing A.M.K. permanent psychological injuries; medical bills; mental anguish and emotional distress; loss of enjoyment of life; loss of capacity to enjoy life; and humiliation.
The defendant was negligent and breached its duty of care to A.M.K., according to the suit.
C.D. and J.K. are seeking compensatory damages with pre- and post-judgment interest. They are being represented by D. Blake Carter Jr. and Taylor M. Norman of Bailey Javins & Carter.
The case is assigned to Circuit Judge Joshua Butcher.
Logan Circuit Court case number: 17-C-84