Davis Elementary School in Gassaway.
SUTTON – A Braxton County father says an elementary school teacher tried to simulate drowning his 7-year-old son with special needs.
E.L., through his father Nick LaFever, filed his complaint June 25 in Braxton Circuit Court against Lisa Dennison-Brady and the Braxton County Board of Education.
Moore
“E.L. suffered an unthinkable act of abuse at the hands of a special education teacher,” attorney Jared T. Moore told The West Virginia Record. “This act can only be described as deliberate, degrading, and dangerously close to torture.
“This teacher, who was entrusted with the care of vulnerable children, subjected a special needs child to simulated drowning – reminiscent of waterboarding – by forcibly soaking the child’s face with water while shouting for a nearby aide to get more water.”
According to the complaint, E.L. was a student at Davis Elementary School in Gassaway. Brady was his special education teacher. E.L. was diagnosed with Level 2 Autism Spectrum Disorder, and only could say certain words and short phrases at the time of the incident. He also was sensitive to loud noises and certain clothing textures, including not liking his clothes to be wet.
On April 26, 2024, the boy became upset in the cafeteria because he wanted a banana for breakfast.
“Lisa Brady poured an excessive amount of water on E.L.’s face and used a wet paper towel to simulate drowning,” the complaint states. “Lisa Brady even shouted for an aide to get more water so that she could drown E.L. with it. E.L. was traumatized and still has a fear of water. …
“Brady completely disregarded her various duties of care and inflicted serious injury upon E.L.”
Jessica Ward, who is described as E.L.’s bonus mother in the complaint, picked him up at school and noticed he was wearing different clothes. That’s when aide Nicole Brooks told her Brady had put water on the boy’s face. Brooks also said she was uncomfortable with the amount of water that was put on the boy’s face, but she did not provide other details.
After leaving school, E.L. exhibited behaviors consistent with a panic attack and still was upset when he was at home. That evening, LaFever says he tried to bathe E.L., who became hysterical and so terrified that LaFever had to get in the tub with him to comfort him.
Cafeteria video footage of the incident shows a physical struggle with E.L., Brady and another adult when the boy tried to get a banana from his lunchbox in his backpack. Brady physically blocked E.L. from grabbing his backpack. And when he had his lunchbox and opened it, Brady refused to let E.L. have the banana. When he finally had the banana in his hand, Brady took it out of his hands.
“After jerking the banana away from E.L., Brady taunted E.L. by showing him what appeared to be a juice box but refused to let him have it,” the complaint states. “Brady grabbed E.L.’s wrist with one hand and jerked the juice box from E.L.’s hands with her other hand. E.L. cried when Brady yanked the juice box out of his hands. Brady then got up and walked away with the juice box.
“The other adult physically restrained E.L. by wrapping her arms around him. E.L. tried to retrieve his juice box from Brady, but he fell to the floor.”
Brady returned with what appeared to be a brown paper bag, according to the complaint, which says E.L. tried to run away but was seized by Brady and the other adult. After a few more minutes of confrontation, Brady took E.L. to a classroom that didn’t have a video camera or other recording device. But three aides were in the classroom.
That’s when Brady used “wet paper towels and an excessive amount of water” to drench E.L.’s face,” according to the complaint.
Brady said she was trying a new technique to stop E.L. from spitting. Substitute aide Amelia Cutlip said Bady screamed at her to get more water on the paper towel so she could “drown” E.L. with it. Cutlip says she felt what Brady did was wrong, according to the complaint.
Lindsay Harman, another aide in the room, said she felt Brady was “aggressive” with E.L. and that her actions were “excessive.” Brooks, the other aide, said she was so disturbed by Brady’s actions that she had to leave the room.
The school board notified the state Department of Human Services of the incident, and its Institutional Investigative Unit conducted an investigation, which substantiated maltreatment by neglect and abuse.
LaFever says E.L. was traumatized by Brady’s actions. E.L. used to love going to school and playing in water. Now, he says the boy is scared of water and fears bathing. He was too afraid to go back to school and hasn’t returned since the incident.
The complaint says a well-known and respected licensed psychologist diagnosed E.L. with child neglect, child physical abuse and other trauma and stressor related disorder (abuse in a school environment).
Brady was placed on paid leave by the school board on May 21, 2024. But the complaint says the board did not discipline Brady after the DHS investigation findings. Instead, she was allowed to resign on October 1.
The complaint accuses the defendants of negligence, violation of the West Virginia Human Rights Act and reckless infliction of emotional distress.
LaFever seeks joint and several compensatory damages, punitive damages against Brady, pre- and post-judgment interests, court costs, attorney fees and other relief.
“No child should ever have to experience something like this, particularly in a place where they are supposed to feel safe,” Moore told The Record. “No parent should ever have to worry about their child at school, especially a child that already faces daily challenges of navigating through life with special needs.”
LaFever is being represented by Moore of The Moore Law Firm in Morgantown. The case has been assigned to Circuit Judge Jasmine R.H. Morton.
Braxton Circuit Court case number 25-C-25v
