WHEELING – A former West Liberty University softball player says was a victim of hazing and even death threats by teammates, and she says the coach and athletic director did nothing about it.
Abigail Ferlin of Sharon, Pennsylvania, filed her complaint in Ohio Circuit Court against the school, softball Coach Herbert Minch, Athletic Director Lynn Ullom and teammate Dariah Smith.
According to the complaint, Ferlin says she reported a death threat made by Smith to Minch on October 30, 2018. He responded by saying, “Oh God, this isn’t good,” “We’ve been having other issues with her” and “It will be taken care of.”
Despite that promise, Ferlin says no further investigation was done following the threat. But later, she was called to Minch’s office and was met by Smith and other teammates. She says she was trapped in the office and subjected to verbal abuse, bullying, pushing, shoving, hazing, intimidation and slut shaming. She says Smith again threatened her as well as her family.
“Tell your mother her daughter is crazy and she will die if she continues to f--k with my family,” Smith said, according to the complaint. “This is not a threat this is a promise.”
Ferlin says she recorded the entire session on her smartphone. Other comments made included, “You’re very two faced,” “shouldn’t be a part of this team,” “I don’t know how the spring is gonna go, but if you are going to be here still I’m pretty sure not a lot of people are going to forgive you” and “you f---ed my ex-boyfriend.”
She says Minch stayed outside the office door as a lookout to prevent anyone from leaving or entering the room. She says she eventually reported the incident.
“The threats to Ms. Ferlin continued to the extent she required personal escorts to classes while on the campus of West Liberty,” the complaint states. “When Ms. Ferlin reported to her work study on November 7, 2018, she was informed that her position was cancelled, and she no longer needed to report.”
She accuses the defendants of negligence per se in violating the state’s anti-hazing statute, negligent infliction of emotional distress, civil conspiracy and negligence. She says she has suffered and continues to suffer physical pain, discomfort, trauma, humiliation, embarrassment, emotional distress, sleeplessness, anxiety, depression, feelings of despair, hopelessness and despondency.
Ferlin also says she has been required to undergo counseling, outpatient medical care, rehabilitation and medical evaluations and may require other medical attention in the future.
She seeks compensatory and punitive damages, court costs, attorney fees and other relief.
Ferlin is being represented by Frank Walker of Frank Walker Law in Clairton, Pennsylvania. The case has been assigned to Circuit Judge Jason Cuomo.
Ohio Circuit Court case number 20-C-220