BECKLEY – Guardians of two Greenbrier West High School wrestlers have filed a second lawsuit related to their sons’ alleged rapes by other team members during a stay at a Raleigh County hotel.
R.H. and K.H. – as grandparents and guardians of K.R. – and M.R. and B.R. – as parents and guardians of C.R. – filed the federal complaint March 24 against Shreeji Hospitality of Lexington LLC and Wyndham Hotels and Resorts Inc. The defendants operate the Beckley Microtel Inn by Wyndham.
In January, the guardians also filed a lawsuit in Raleigh Circuit Court against the Greenbrier County Board of Education. The board tried to have that case moved to Greenbrier Circuit Court, but a judge denied that request last week.
According to the complaint, the GWHS wrestling team left for a wrestling match in Beckley on February 9, 2024. It was an overnight trip, and the match took place on Saturday, February 10. The group included about 23 student-athletes, Coach Jeremy Tincher and one other adult supervisor, according to the complaint. They stayed at the Microtel, and there were at least three wrestlers assigned to each hotel room.
The complaint says Tincher checked on the wrestlers at 7:30 p.m. that night in the hotel and did not check on them again until the following morning when they had to wake up to prepare for the match. This was the last match of the season.
“This lack of supervision happened similarly on multiple wrestling trips,” the complaint states. “There was no supervision or direction as to who would sleep where, and the wrestlers were left to make their own decision regarding who would sleep where and with whom they would share a bed.”
K.R. was assigned to a room with two other wrestlers identified as B.B. and M.S. The complaint says both of them were considerably larger than K.R.
Sometime after 10 p.m., “the other two wrestlers sexually assaulted K.R. by holding him down, forcibly removing his clothes and among other things, anally penetrating him with a pen,” the complaint states. “When the rape ended, K.R. went into the bathroom in the room and locked the door.”
While K.R. was in the restroom, C.R. came into the room.
“The same two wrestlers that raped K.R. raped C.R.,” the complaint states. “Though paralyzed by what had just happened to him, K.R. could hear that a second rape was taking place.
“Due to the lack of adequate chaperones or supervision, K.R. was forced to stay in the room all night with his rapists and actually had to share a bed with one of them.”
The plaintiffs say the defendants knew or should have known the dangers associated with unsupervised minors staying in a hotel room in groups of non-familial related individuals. They also say the defendants knew or should have known there was not adult supervision for the number of minors staying in the group at the hotel.
They accuse the defendants of negligence, negligent training, negligence per se, liability of the principal/franchisor (Wyndham) and of violating the rights, privileges and immunities for the minor plaintiffs.
The plaintiffs say they sustained personal injuries and damages, including suffering and mental anguish, lost enjoyment of life, humiliation, embarrassment, indignity, shame, economic damages, diminished earning capacity and future lost wages.
The plaintiffs accuse the board of violating state code by allowing the incidents to occur under their supervision, sexual discrimination in violation of the state Human Rights Act, sexual harassment, intentional infliction of emotional distress, violations of Title IX, deprivation of rights, negligent hiring, negligent retention, negligent discipline and negligence per se.
They seek compensatory damages, punitive damages, liquidated damages, interests, court costs, attorney fees and other relief.
The plaintiffs are being represented by Teresa Toriseva and Joshua Miller of Toriseva Law in Wheeling and by Jody Wooton and Brandon Johnson of Wooton Davis Hussell & Johnson in Lewisburg. The case has been assigned to Circuit Judge Michael E. Froble.
The Greenbrier County school system issued a statement at the time of the incidents.
“Administration assures that the Greenbrier County Board of Education has acted swiftly and appropriately and in compliance with all legal mandates related to the wrestling incident,” the school system said.
The Greenbrier West wrestling team has won four Class A state championships since 2013, the most recent in 2023. Last year, it was runner-up at the state meet.
U.S. District Court for the Southern District of West Virginia case number 5:25-cv-00190