NEW MARTINSVILLE – A Magnolia High School graduate says a former teacher groomed her and sexually assaulted her.
The plaintiff, identified only as J.R., filed the complaint along with parent M.R. on October 5 in Wetzel Circuit Court against the Wetzel County Board of Education.
The complaint says the plaintiffs are using only their initials to protect themselves from further retaliation, targeting, harassment, public outrage and for fear of their own safety.
Toriseva
According to the complaint, J.R. attended Magnolia High School from 2018 until she graduated in 2022. During her freshman and junior years, Andrew “Drew” Schmalz was her English teacher. During her senior year, Schmalz was her computer coding teacher.
J.R. says Schmalz targeted her for an inappropriate sexual relationship, and she began spending additional time in his classroom.
She says other school employees noticed the excessive time she spent in Schmalz’ classroom. That included Principal Kathi Schmalz, who is the teacher’s mother.
“In February 2022, Kathi Schmalz said that it appeared that J.R. had a crush on Drew Schmalz,” the complaint states. “Despite noting the relationship between a student and teacher, Kathi Schmalz did nothing to prevent Drew Schmalz from targeting J.R.”
In May 2022, the Magnolia High School robotics team attended an overnight competition at Fairmont State University. Schmalz led the team, and J.R. attended the competition.
While at the robotics competition, Schmalz asked J.R. to come to his hotel room where they had sexual intercourse, according to the complaint. They continued having a sexually romantic relationship until September 2023.
A few days after the competition, M.R. was told by agents of the school board that Schmalz had sexual intercourse with J.R., who was a minor. When it was revealed Schmalz had sex with a student, he resigned from his teaching position. To date, Schmalz has not been charged criminally for his actions.
But the complaint states other Magnolia High teachers had inappropriate sexual relationships with students before and after Schmalz had his inappropriate relationship with J.R.
The plaintiffs accuse the school board of violating state code when one of its employees engaged in sexual contact with a child under his care, sexual assault and harassment at school and at school-related events, intentional infliction of emotional distress, negligent infliction of emotional distress, sexual battery, false imprisonment, first-degree sexual abuse, second-degree sexual assault, sexual abuse by a person in a position of trust to a child, negligent hiring, negligent retention, negligent supervision, negligence per se and loss of consortium.
The plaintiffs say they have endured pain, suffering, mental anguish, lost enjoyment of life, humiliation, embarrassment, indignity, shame, economic damages, diminished earning capacity and future lost wages.
They seek compensatory damages for special and general injuries both physical and mental as well as attorney fees, court costs and other relief.
The plaintiffs are being represented by Teresa Toriseva and Joshua Miler of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Jeffrey Cramer.
Wetzel Circuit Court case number 23-C-35
