CHARLESTON – A George Washington High School student says she was sexually assaulted and harassed by a fellow student at school.
The plaintiff, identified only as F.H., filed her complaint April 4 in Kanawha Circuit Court against the Kanawha County Board of Education and fellow student Joseph Manriquez. Numerous individual administrators, employees, teachers, counselors and agents of GWHS and the KCBOE are listed as defendant Jane Doe as well.
“Anytime a child is assaulted it is beyond the pale, but for the school to miss the warning signs and allow a potential predator to have free reign is truly disturbing,” attorney Jesse Forbes told The West Virginia Record. “My client is extremely brave to come forward and seek justice as a crime victim.
Jesse W. Forbes
| forbeslawwv.com
“She and her parents want answers and accountability. Unfortunately, the school board hasn’t given that to them, so they are pursuing their rights through civil justice.”
According to the complaint, the plaintiff was a minor child attending GWHS as a junior in February and March 2022. Manriquez was an 18-year-old student at the school. On February 28, 2022, and continuing through March 2, 2022, the plaintiff says she suffered bullying intimidation, harassment, physical, emotional and sexual abuse and assault, invasion of privacy, assault and battery as well as intentional infliction of emotional distress by Manriquez during school hours while on campus. She says the incidents occurred in the weight room, hallways and outdoor trails unsupervised.
“Manriquez hit or smacked the plaintiff, grabbed her around her throat, squeezed her, sexually assaulted her and sexually abused her,” the complaint states. “He called her names, harassed and intimidated her, threatened physical harm and death, all of which constituted bullying …”
On March 2, 2022, the plaintiff says she and Manriquez left the school building and went up on a hill on a trail on the campus. While there, she says Manriquez again bullied and harassed her, physically and sexually abused and assaulted her, committed assault and battery and engaged in intentional infliction of emotional distress.
“Camera surveillance film at GWHS on March 2, 2022, includes video of plaintiff and defendant Manriquez leaving the school building together to go up on a trail and then return,” the complaint states. “Two other students reported to defendant Jane Doe in the main office of GWHS that they encountered F.H. crying hysterically and inconsolable, and that they believed she had been raped by defendant Manriquez.”
The complaint says Jane Doe and other GWHS employees questioned the plaintiff, obtained a written statement from her and the witnesses, collected evidence and reported the matter to the Charleston Police Department and to the plaintiff’s parents. But it says the school board and Jane Doe did not immediately report the abuse that occurred as required by state code.
During the CPD investigation, Manriquez admitted to hitting, slapping, choking and engaging in sexual activities with the plaintiff during school hours on campus. The plaintiff, though her parents, filed a Possible Sexual Harassment Complaint with Kanawha County Schools.
The school board conducted a Title IX investigation that recommended the emergency removal of Manriquez from GWHS and found him as an immediate threat to the physical health or safety of students and others. The plaintiff also obtained domestic violenc protective orders to keep Manriquez away from her.
The plaintiff says the school board and Jane Doe failed to adequately and sufficiently staff GWHS and monitor staff and students to ensure safety. She says they also failed to immediately report the abuse that occurred, breaching their duty and endangering student safety.
“Changes need to be made so that this sort of life-changing assault doesn’t happen to anyone else’s child in a school,” Forbes told The Record. “We trust our schools not only to educate but to provide a safe and nurturing environment for our children and to protect them from the monsters that might be lurking and waiting to prey on their vulnerabilities.
“Unfortunately, this school missed the warning signs and allowed this to happen. It’s time for change and hopefully the light shined on the conduct of the school officials will help effectuate that change.
“These folks don’t ever want to read about someone else’s child being traumatized by a sexual assault at school by standing up and trying to effectuate change hopefully this help prevents an assault in the future.”
The plaintiff says she suffers from significant emotional harm that created lifelong emotional and mental damages and requires counseling and therapy. She says she has required and will require physical examination and treatment as well as psychiatric and psychological therapy and counseling.
She also says she has suffered loss of ability to enjoy life, mental anguish, pain and suffering of body and mind as well as emotional distress.
The plaintiff accuses the defendants of negligence and negligent infliction of emotional distress. She accuses the board of negligent supervision and training, and she accuses Manriquez of assault and battery.
She seeks compensatory and punitive damages, consequential damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
The plaintiff is being represented by Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-292