CHARLESTON – A St. Albans student allegedly was physically and sexually assaulted and harassed, bullied and intimidated by a fellow student despite school officials knowing of the aggressor’s violent acts.
The boy, identified only as L.L., and guardian identified as J.K. filed the complaint September 25 in Kanawha Circuit Court against the Kanawha County Board of Education.
According to the complaint, the minor plaintiff was a student at Hayes Middle School in St. Albans from 2022 through May 2024. He now is a student at St. Albans High School Over that two-year middle school period, he says he was victimized by the other student, who also is unnamed in the lawsuit.
Griffith
| Courtesy photo
““I just don’t get it,” Travis Griffith, one of the attorneys representing the plaintiffs, told The West Virginia Record. “They had previous complaints and failed to protect this child. The board had a court order in hand and failed to protect this child. This poor boy has had his youth robbed from him.
“The behavior of the fellow student is alarming, too. I hope someone at one of these schools has contacted the Department of Human Services about this child and his home life.”
The list of actions endured by the plaintiff student include inappropriate, unwanted and forced touching and physical contact as well as verbal harassment of a sexual nature, threats of sexual violence and acts of sexual violence, acts of physical aggression, violence, assault and battery. He says he also endured use of profane language, obscene gestures and indecent acts intended to threaten, harass, humiliate and intimidate him as well as retaliation when the fellow student’s actions were brought to the attention of school personnel.
The complaint does not provide further details of the fellow student’s actions against the plaintiff. But it does say the school board determined the fellow student committed the acts and found that these acts were concerning and repetitive, requiring the removal of the fellow student from the school.
“The acts and conduct of the fellow student demonstrated a pattern or series of violent behavior which required permanent alternative placement or transfer from the school attended by the plaintiff,” the complaint states. “The acts and conduct of the fellow student were substantially likely to and did cause serious injury to plaintiff.”
As a result of the board’s failure to take action, the plaintiffs say they were required to obtain a personal safety order in magistrate court on May 3, 2024, after the court found the fellow student had made “repeated credible threats of bodily injury against plaintiff.”
Before the start of the current school year, the plaintiff’s parents and others met with St. Albans High School staff to notify and advise them of the situation. Officials promised the plaintiff and fellow student would be properly supervised, according to the complaint.
But on the first day of school, the fellow student was permitted to sit immediately next to the plaintiff at student orientation.
“The Vice Principal at St. Albans High School further advised plaintiff’s parent that, while the students will be assigned to different classes, the school will do nothing further to ensure that the prohibitions for contact between the fellow student and plaintiff directed by the PSO are accomplished,” the complaint states.
As a result, the plaintiff said he did not feel safe at school or that his safety and well-being would be protected. So, he has been removed from school for his safety and mental health based on his doctor’s recommendation.
The plaintiffs say the school board has failed to implement reasonable, effective or meaningful plans and measures to protect the minor plaintiff. They say this constitutes violations and breaches of board policies and state law.
They accuse the board of breach of fiduciary duty, breach of special relationship duty, negligence, violation of the West Virginia Human Rights Act and violation of statute.
The plaintiffs seek compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
They are being represented by Griffith of Griffith Law Center in Charleston and by Dan R. Snuffer and Barbara A. Samples of WVLawyer PLLC in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 24-C-1084
