10/6/2008 7:55 AM
By Cara Bailey -Kanawha Bureau
CHARLESTON - The parents of a special needs student in Kanawha County have filed a suit against the Board of Education after their daughter allegedly was raped twice in the bathroom at her high school.
James and Debra Green filed the suit Aug. 28 in Kanawha Circuit Court on behalf of their daughter, Angel Green. The suit is against the Kanawha County Board of Education and three unidentified employees of the board.
According to the suit, Angel Green was a student at Riverside High School. She was a special education student due to mental and emotional factors.
On Sept. 14 and Sept. 18, 2006, Green was enticed into the bathroom by a male student and sexually assaulted, the suit says.
According to the suit, the school board maintains a video surveillance of the bathroom area within which the acts took place. Also, the suit says the students were supposed to be in class during the time in which the acts took place, but the teachers and administrators failed to determine whether either student was in their designated classes and did not take attendance.
The suit says Green is not confrontational and would not argue or resist the suggestions of adults or her peers. She suffered emotional and mental trauma among other injuries, the suit says.
James and Debra Green claim their daughter has suffered from the outrageous, intentional, negligent, reckless and indifferent acts of the board.
They seek compensatory and punitive damages from the Kanawha County Board of Education.
Attorney Henry Wood III is representing the Greens. The case has been assigned to Judge Charles King.
Kanawha Circuit Court case number 08-C-1647