CHARLESTON – The mother of a St. Albans High School student who says a tutor sent sexually explicit photos to her son has added a state agency as a defendant.
Nora Shanklin, on behalf of her minor son J.S., filed her complaint last March in Kanawha Circuit Court against the Kanawha County Board of Education and Daina Berry. Berry was employed by the KCBOE as a teacher and was providing tutoring services to the minor, who was a senior at SAHS.
On August 28, the West Virginia Division of Rehabilitation Services was added as a defendant because Berry was working as a tutor through DRS.
Cary
“This case is a devastating reminder of what happens when those entrusted with protecting children abdicate their responsibility,” attorney Michael Cary, who is representing the plaintiffs, told The West Virginia Record. “A teacher, acting as both an educator and a tutor through the West Virginia Division of Rehabilitation Services, used that role to prey on a minor.
“That is inexcusable. But what makes this even more outrageous is that the institutions responsible for safeguarding students, the Kanawha County Board of Education and especially the Division of Rehabilitation Services failed to step up, failed to protect and failed to do the right thing.”
According to the complaint, J.S. was scheduled to have a tutoring session with Berry at 11 a.m. on November 18, 2023, at the St. Albans Public Library.
“At 9:42 a.m., defendant Berry wanted to have sexual intercourse with the minor J.S. and sent two explicit and illegal photographs to the minor child of her naked vagina and stated: ‘Quickie today – less than 5 minutes,’” the complaint states. “Only after defendant Berry realized that the minor child did not attend the tutoring session at 11 a.m. does she then send a text to apologize for her actions by simply saying: ‘I am so sorry.’”
The complaint says Berry breached a duty of care to J.S. by grooming him to participate in sexual intercourse before the tutoring session. It also says the plaintiffs suffered permanent psychological injuries and past and future damages including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience.
“The Division of Rehabilitation Services has a duty to provide support and guidance to students who need additional help in their education,” Cary said. “That duty requires the highest standard of care, because these children rely on them in moments of vulnerability. Instead of living up to that mission, the division allowed a predator access to a student. It is unacceptable, and they must answer for it.
“This case is about more than just one bad actor — it is about systemic failure. The Board of Education and the Division of Rehabilitation Services must not be allowed to turn a blind eye or hide behind excuses. They had the power and the duty to prevent this, and they failed.
“It is time for every defendant in this case — the individual, the Board of Education and the Division of Rehabilitation Services — to be held to account. Justice demands it. The community demands it. And most of all, these children deserve it.”
The plaintiffs accuse the defendants of negligence and negligent infliction of emotional distress. The school board is accused of negligent hiring, supervision and retention.
The plaintiffs seek compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
In their answers, Berry and the school board denied the allegations.
The plaintiffs are being represented by Cary of Cary Law Office in Charleston. The school board is being represented by Kelly Morgan of Bailey & Wyant in Charleston, and Berry is being represented by Jeffrey G. Blaydes of Blaydes Law in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-352
