CHARLESTON – A Kanawha County woman is suing the county school board after she says her daughter was fondled by a fellow kindergarten student.
The mother, identified only as B.H. because of the sensitive nature of the case, is parent to M.B., who was a kindergarten student at Chamberlain Elementary School in Charleston during the 2019-2020 school year. The Kanawha County Board of Education as well as employees Phoebe McCloud, Amanda Ross, Sandra Fields, Krista Chapman and Samantha Ferrell-Hill are named as defendants in the case.
According to the complaint, the girl was assigned to teacher Laura Miller’s class, and Fields was the teacher’s aide in the class. Bender was another kindergarten teacher, and Chapman was her aide. Ross was the school guidance counselor.
The mother says her daughter exhibited signs of emotional abuse and anxiety, and she insisted on wearing clothing in a protective manner. That included multiple layering.
On December 6, 2019, the girl told her parents a classmate only identified as John Doe placed his hands down her pants and touched her private areas while both kindergarten classes were jointly located in the classroom of Ross, who also was the guidance counselor. The complaint says the boy’s parent is an administrator at another Kanawha County school.
On December 9, the girl’s father met with Assistant Superintendent Paula A. Potter to make a formal complaint of the incident. Later that day, Chamberlain’s principal made a formal report to the Charleston Police Department about the incident.
The ensuing police report concluded the boy had committed the offense of first-degree sexual abuse, forcibly fondling the girl by placing his hands down her pants and touching her inappropriately. The complaint says the boy did that multiple times before the December 6 incident.
On February 3, 2020, the boy was returned to the same kindergarten class as the girl and was allowed to be present during the girl’s after-school extra-curricular activities, causing her anxiety and fear of repeated abuse.
The following day, the girl’s parents received written communication from the school system about the information gathered during the police investigation.
In that letter, the school board – through Ferrell-Hill, its Title IX Coordinator – says, “Based on the information gathered during this investigation, the incident can be substantiated, but does not rise to the level of sexual harassment.”
After the boy’s return to the classroom, the parents says the girl began exhibiting functional impairments, extreme change in behavior, fearful mood, avoidance to go to school and saying she feared the boy.
“By requiring M.B. to attend the same school and be located in the same rooms as John Doe, defendants caused further ongoing trauma to M.B., who remains fearful that John Doe will resume his prior abusive behavior,” the complaint states, adding that the girl began counseling in March 2020 and was diagnosed with acute stress reaction, acute stress disorder, trauma and stressor-related disorders as a result of the abuse.
“In addition to the physical injuries she suffered from the abuse by her classmate, M.B. has suffered and continues to suffer from extensive emotional trauma at a very young age. M.B. continues to endure emotional trauma of the sexual abuse she suffered at the age of 6 while attending Chamberlain Elementary School.”
The complaint says the defendants say they had no knowledge of suspicion the boy abused the girl repeatedly. Regardless, the complaint says the defendants failed to take appropriate measures to minimize the traumatic effect upon M.B. for more than a full calendar year. It also says the defendants failed to accept or enforce their own adopted policies despite the police report substantiating the allegations.
The complaint also says the girl’s parents notified the school system they wished to exercise their right to appeal the board’s conclusion about the incident not being sexual harassment. But, they say the board never gave them any opportunity to do so.
“Defendants failed to take any further action after receiving confirmation from the Charleston Police Department that … sexual abuse in the first degree – forcible touching occurred within the Chamberlain Elementary School and that M.B. was the victim of said offense,” the complaint states. “From February 2020 thru August 2021, defendants refused to separate M.B. and John Doe to different schools even tough defendant Kanawha County Board of Education operates another elementary school, Kanawha City Elementary School, located only one mile away.”
The mother accuses the defendants of negligence, negligent infliction of emotional distress and violation of statutes. She seeks compensatory, general and special damages for personal bodily injuries suffered by her daughter as well as punitive damages, pre- and post-judgment interest and other relief.
In their answer, the defendants deny the allegations and seek to have the case dismissed.
She is being represented by Michael A. Olivio of Olivio Law Firm in Charleston. The defendants are being represented by Julie Meeks Greco and Katie L. Hicklin Luyster of Pullin Fowler Flanagan Brown & Poe in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 21-C-697