BECKLEY – A Raleigh County father says his special needs daughter was physically abused by Stratton Elementary School staff.
Chris McMillion, as parent of N.M., filed his complaint October 30 in Raleigh Circuit Court against the county Board of Education and substitute teacher Judith Surratt. The daughter is non-verbal with special needs and diagnosed with severe autism.
McMillion says he presumed the visible bruising he saw on his daughter’s arm was the result of “normal childhood activities, such as guy class or routine play.” But three months later, he says he was told an investigation resulted in video footage that showed Surratt physically abusing the daughter.
Cary
“I will stand and fight in Charleston, in Beckley, anywhere in this state or this country for every child who needs protection,” attorney Michael Cary told The West Virginia Record. “Their safety, dignity and right to be heard are nonnegotiable.
“I won’t rest until our schools and institutions are held accountable and every child’s voice is respected and defended.”
The incident occurred May 7, 2024, according to the complaint, which also says McMillion never received any notification from the school about it.
“The absence of communication from school personnel prevented the plaintiff from taking timely steps to protect his child and seek medical attention, further compounding the harm caused by the defendants’ actions,” the complaint states. “This inaction reflects a serious breach of duty and a disregard for the safety and well-being of students entrusted to their care.”
On August 4, 2024, McMillion says he received a phone call from a Child Protective Services investigator who told him CPS had reviewed video footage “clearly showing the substitute teacher, Judith Surratt, physically abusing N.M.” The CPS investigator told McMillion the matter was being handled by a teacher investigation unit.
“Because N.M. is non-verbal, she was unable to report what had happened herself, leaving plaintiff completely unaware of the abuse for months,” the complaint states. “This delay in notification not only prevented plaintiff from taking immediate action to ensure his child’s safety and obtain prompt medical attention but also caused significant emotional distress and frustration, underscoring a clear failure by the school to fulfill its duty to protect N.M. and to promptly inform her parent of serious harm occurring under the school’s supervision.”
The complaint also says McMillion learned the video footage had been lost because of the school’s alleged failure to properly preserve it following a change to the security system.
For three weeks after being notified, McMillion says he made repeated attempts to contact the Raleigh County Board of Education to obtain more information and answers about the incident. But he says he received no response. When he reached out to the West Virginia Board of Education, McMillion says Raleigh County Superintendent Serena Starcher “finally returned his call on September 13, 2024.”
“During that call, Superintendent Starcher scolded plaintiff for his actions and offered only the assurance that N.M. would not be placed in a classroom with the abusive substitute teacher,” the complaint states. “At no point during the conversation did Starcher indicate that the substitute teacher had been suspended, disciplined or removed from service.
“Plaintiff reasonably believes that Starcher and the Raleigh County Board of Education actively attempted to cover up the abuse, deliberately concealed the incident from him for several months, failed to preserve critical video evidence and neglected to take any meaningful or appropriate action against the substitute teacher responsible for harming N.M.”
McMillion says his daughter has experienced severe emotional trauma, including fear, anxiety and distress associated with attending school that has disrupted her sense of safety and well-being. He says she also has regressed in her educational progress and social development as well as “has lost the safe supportive and nurturing educational environment.”
While the child has been transferred to a different school, McMillion says the incident continues to affect her daily life.
“The trauma inflicted cannot simply be erased, and N.M.’s sense of security, trust and confidence in her educational environment has been permanently shaken,” the complaint states. “The consequences of the defendants’ negligence and misconduct extend far beyond the immediate physical injuries, leaving enduring scars on both N.M. and her family.”
The complaint accuses the defendants of negligence, negligent hiring, negligent training, negligent retention, spoliation of evidence and disability harassment and discrimination, which violates the West Virginia Human Rights Act.
The plaintiffs seek compensatory damages for past and future psychological damages including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience. They also seek punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
They are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Todd Kirby.
Raleigh Circuit Court case number 25-C-409