Parent claims daughter was molested, blames Kanawha school board

By Bree Gonzales | Feb 4, 2019

CHARLESTON — A parent of a female student is suing the Kanawha County Board of Education after the girl allegedly was raped.

M.S. (parent) on behalf of J.W. (female student) filed a complaint in Kanawha Circuit Court against the Kanawha County Board of Education alleging that it violated its own policies for student/staff ratio and failed to supervise J.D. (male student). The complaint also cites alleged negligent staffing and supervision of students, negligent hiring and supervision of staff, negligent supervision of a male student, breach of duty and tort of outrage. 

According to the complaint, the plaintiff alleges that J.W. was raped by J.D., another student, but she was suspended for allegedly violating the board's student conduct policy, adding to the trauma she suffered. According to the complaint, J.W. suffers from Williams Syndrome, a developmental disorder that affects many parts of the body. This condition is characterized by mild to moderate intellectual disability or learning problems, unique personality characteristics, distinctive facial features and cardiovascular problems.

The plaintiff says the school board is responsible because it had an obligation to protect its students from harm. The complaint claims the board knew J.D. was a threat to those around him and that he was drawn to J.W. Yet, the complaint says school staff chose to leave the classroom and leave J.D. unsupervised, which gave him the opportunity to follow J.W. out of her classroom. The complaint says J.D. sodomized J.W. in the men's restroom.

The plaintiff requests a trial by jury and seeks an amount sufficient to compensate the plaintiff and recover any damages that the court or jury deems proper including attorney's fees and costs plus punitive damages. She is represented by Robert P. Lorea of Lorea Law Office PLLC in Charleston and Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston.

Kanawha Circuit Court Case number 18C1506

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Bailess Law Firm Kanawha Circuit Court Lorea Law Office PLLC

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