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WELLSBURG -- A lawsuit has been filed against the Brooke County Board of Education alleging school staff knew a former teacher was involved in an inappropriate relationship with a student in 2015 and failed to act.
The suit stems from a relationship between the student and Tim Turner, who in January pleaded guilty to malicious assault while standing trial for charges of third-degree sexual abuse, a misdemeanor; sexual abuse by a person in a position of trust and soliciting a minor using a computer.
The plea was accepted on the condition that Turner relinquish his teaching certification. The former Wellsburg Middle School teacher and band director was sentenced to two years in jail.
The case went to trial after Turner was accused of gaining the trust of a 14-year-old pupil at the school with the intention of pursuing a sexual relationship with her.
The victim is named only by initials in the lawsuit, which was filed by Wheeling attorney Joshua Miller against the school board and Turner.
It states that while at school, the victim regularly ate lunch with Turner, who was 39, and spent time with him alone in the band room.
The suit alleges that "other teachers, school administrators and students were aware that defendant Turner and the plaintiff spent as much time as possible together in school."
It states though school staff members are required by law to report and investigate any suspected abuse or neglect of a child within 24 hours, and that personnel at the school failed to do so.
The suit argues their inaction allowed Turner to groom the victim for sexual and psychological abuse, causing her to suffer mental anguish and humiliation and affecting her earning capacity.
Jeffrey Crook, Brooke County superintendent of schools, said he couldn't comment on the suit at this time.
During the January trial former classmates of the victim testified they brought the matter to the attention of officials.
According to court documents, the victim told police Turner had taken her to his home, where he attempted to have sex with her but stopped when she said no. She said she didn't report it because she was embarrassed.
Brooke County sheriff's deputies said through their investigation they learned Turner and the victim communicated by computer and cell phone and met on two occasions outside school and during private violin lessons he gave her at her home.
The case has been assigned to 1st Judicial Circuit Court Judge Michael Olejasz, with the first deposition scheduled for November.
(Scott can be contacted at wscott@heraldstaronline.com.)