CHARLESTON – A former captain with the West Virginia State University police department is suing the school, alleging retaliation, harassment and discrimination.
Kedion Carter filed his complaint in Kanawha Circuit Court against the university.
According to the complaint, Carter arrived at State in 2001 to play for the school’s football program. Soon after he graduated in 2005, he accepted a position with the campus police department.
In 2020, Carter says he began experiencing serious medical conditions and was diagnosed with severe venous insufficiency, deep vein thrombosis, venous reflux disease and neuropathy. He required frequent medical treatment, including surgeries and hospitalizations, and was ordered to remain off from work.
While he was on medical leave, Carter says a new administration assumed authority at State. When his medical leave was nearing an end, he says he was informed he needed to return to work or lose his job. His medical providers didn’t think he had recovered enough to return to work, but Carter feared losing his job and asked them to let him return to work.
When he did return to work, Carter says he was subjected to “a campaign of retaliation, harassment and discrimination.” He says he was treated as a new hire.
“For example, he was ordered to complete a one- and one-half mile run, in blatant ignorance of his serious medical afflictions,” the complaint states. “He also was ordered to undergo a psychiatric evaluation that was other specifically required of new officers hired by the department.”
He says he also was subjected to unfair scrutiny and disparate discipline. Carter says his complaints about his treatment never were addressed.
Carter also says the school’s failure to accommodate his medical needs – in addition to the discrimination and retaliation – caused his condition to relapse in early 2022.
In January, he was issued a notice of termination. He says it did not say he was unable to perform the essential functions of his job.
A subsequent letter from the school’s employment leave division said he had more than 300 hours of leave remaining, according to the complaint.
Carter accuses State of disability discrimination, failure to provide a reasonable accommodation, unlawful retaliation, violation of the state employment medical leave statute, prima facie negligence and intentional infliction of emotional distress.
He says he has suffered physical, emotional and mental distress as well as humiliation, anxiety, embarrassment, depression, aggravation, annoyance and inconvenience. He says he also has suffered damage to his professional reputation and loss of future employment opportunities.
Carter seeks back pay and benefits, front pay and benefits, compensatory damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
He is being represented by attorney Sean Cook of Scott Depot. State has not answered Carter’s complaint, but it is being represented by Adam K. Strider of Bailey & Wyant in Charleston.
Kanawha Circuit Court case number 22-C-700
