Court Gives Woman Right to Sue Monongalia BOE
Ignores limitations in case of teacher who's convicted sex abuser
By James W. Pindell
Originally published in The Dominion Post, November 15, 2001
The state Supreme Court ignored the statute of limitations on Wednesday in a civil case against the Monongalia Board of Education. That lawsuit accuses the board of placing its students in danger of sexual abuse by a teacher 10 years ago.
Without a single justice dissenting, the state's high court reversed a Monongalia County Circuit Court decision in January.
The Monongalia County court dismissed the suit, filed in September 2000, because the statue of limitations had expired.
Wednesday afternoon, however, the Supreme Court ruled the two-year statute of limitations for civil suits doesn't apply to this action since the BOE concealed relevant evidence to the case.
"This is a victory for all people who have been wronged and cannot find justice simply because of when they file to seek that justice," said Wesley Metheney, a Morgantown lawyer representing a woman sexually abused by a teacher in 1989 and 1990.
Now 26, the victim is suing the board, saying it didn't protect her against a teacher it knew was a sexual predator.
The Dominion Post generally does not print the names of sexual assault victims.
As a 14-year-old middle school student at South Junior High—now South Middle—the victim's teacher, Donald McIntosh, made sexual advances to her. He was later found guilty on three charges of sexual assault.
In her suit, the woman claims the board knew McIntosh was a sexual predator actively making sexual advances to female students, but did nothing about it. Instead of removing him from the classroom, the woman says she has evidence that the school board destroyed relevant documents about prior incidents, failed to notify proper authorities, and attempted to cover up the issue altogether.
McIntosh was convicted in 1990. The woman, however, didn't file suit against the board until 10 years later.
The decade delay, Metheney told the court, happened because she was too young to realize a suit was possible.
More importantly, Metheney said, since the board concealed evidence until after the statute of limitations expired, she only recently learned of the allegations in her suit.
In court, the BOE argued 10 years was clearly beyond the two years a person has to file such a suit and it should be dismissed.
Writing for the court, Justice Elliot Maynard said the woman's "allegations of fraudulent concealment" are too serious to be simply dismissed on the grounds of statute of limitations.
Nancy Brown, a Clarksburg attorney representing the board, said she had not reviewed the decision Wednesday night and would not comment.
Metheney said the court's decision was symbolic.
"This ruling says that school board must look after their students' safety," Metheney said. "This decision says children come first."
