MORGANTOWN – A Monongalia County teacher says a fellow educator assaulted her in a classroom full of students.
Karen Opfer, who lives in Pennsylvania, filed her complaint January 12 in Monongalia Circuit Court against Philip Bienek-Cate and the Monongalia County Board of Education.
According to the complaint, Opfer and Bienek-Cate both are teachers at University High School in Morgantown. She says the problem began with an incident that involved two students and Bienek-Cate on March 20, 2019. Opfer says Assistant Principal Teddy Stewart addressed the matter with the students. She says she asked to have Stewart or Principal Kim Greene present if Bienek-Cate tried to approach her about the incident.
Two days later, Opfer met with Jason Pauley, Assistant Principal and Supervisor of Special Education, about the incident and again wanted to find a way to avoid contact with Bienek-Cate. Later that day, Opfer was walking down the school hallway when she encountered Bienek-Cate.
Opfer says she moved to the other side of the hallway “afraid of defendant Bienek-Cate” who said she “had crossed the line the other day and that they needed to talk.”
Opfer says she told him she wasn’t talking to him and went to the classroom door of teacher Carrie Beatty. Meanwhile, she says Bienek-Cate got angrier and more aggressive as he said “we are going to talk” repeatedly before she knocked and entered Beatty’s classroom.
“Bienek-Cate briskly and aggressively entered Mrs. Beatty’s classroom and forcefully seized the plaintiff by the arm in front of approximately 25 students and Kathleen Sypolt, a teacher,” the complaint states. “Plaintiff shouted for the defendant to get off her and to let her go several times. Defendant Bienek-Cate did not comply and proceeded to squeeze her arm tighter and pull her toward him.
“Plaintiff managed to break free from defendant Bienek-Cate and hid behind the desk of Kathleen Sypolt. Ms. Sypolt stepped between the plaintiff and the defendant and informed the plaintiff that she would not let defendant Bienek-Cate touch her.”
Opfer says Bienek-Cate then tried to minimize the incident by asking what was wrong with a student’s eye. The student responded, “Don’t you worry about my eye. Get of out here. You just hurt Mrs. Opfer.” She says Bienek-Cate left the classroom but returned briefly to threaten the student to not be disrespectful to him.
Sybolt then took Opfer to the office to tell Greene about the attack and to let her know she didn’t feel safe at the school with Bienek-Cate present.
Opfer says she sustained elbow injurie and pain, and Bienek-Cate was charged with battery in Monongalia County Magistrate Court.
She says the defendant has harassed her since she started teacher at University High, referring to her as “woman,” “blondie,” “Opfer the love of God” and other derogatory terms.
Because of the incident, Opfer didn’t teach the rest of the 2019 school year. For the start of the 2020 school year, Opfer says it became apparent she would have to make changes despite being the one who was attacked by Bienek-Cate, who still works at the school as well.
“She had to relocate her classroom to another floor while the defendant was permitted to stay in his without any interference or interruption to his preparation for the school year,” the complaint states. “Additionally, a multi-year member of the social committee among University High employees, was asked not to attend the meetings anymore.
“When Plaintiff asked why she was not to attend the social committee it was explained to her that when plaintiff took the rest of last year off, defendant Bienek-Cate took her place on the committee. It was explained that if plaintiff were to attend social committee meetings defendant Bienek-Cate would be made to feel uncomfortable.
“Plaintiff, although a victim, is understandably stressed by the changes forced upon her to ‘keep her safe’ even though her attacker can prepare for the upcoming school year with little interruption or interference.”
Opfer accuses the defendants of assault, battery, negligence per se, intentional infliction of emotional distress as well as negligent retention hiring and supervision.
She seeks compensatory damages for special and general injuries, including permanent physical injuries, past and future pain and suffering and mental anguish, past and future lost enjoyment of life, past and future humiliation, embarrassment, indignity and shame as well as economic damages, diminished earning capacity, future lost wages, attorney fees, court costs and other relief. She also seeks punitive damages from Bienek-Cate.
Opfer is being represented by Joshua D. Miller and Michael A. Kuhn of Toriseva Law in Wheeling.
Monongalia Circuit Court case number 21-C-21
