JOSEPH KOLB

WHEELING — Attorneys representing Ohio County Schools and its top two administrators want a gender-based sexual harassment lawsuit filed against Bridge Street Middle School Principal Joseph Kolb moved from state to federal court.

Notices seeking to move the case were filed Feb. 1 with the Ohio County Circuit Clerk and in the U.S. District Court for the Northern District of West Virginia by counsel Jacob A. Manning, an attorney with the Dinsmore and Shohl firm.

Dinsmore and Shohl represents the Ohio County Board of Education in the case, as well as Superintendent Kim Miller, Assistant Superintendent Rick Jones and Kolb in their official capacities.

Miller and Jones also are being represented personally by the Fitzsimmons Law Firm, while Kolb has hired the Bailey and Wyant firm.

The civil lawsuit against Kolb and the board was filed Dec. 21 in Ohio County Circuit Court on behalf of teachers Lindsay Ammirante, Autumn Troullos and Rachel Miller by attorney Mark Gaydos of Kingwood, West Virginia.

The lawsuit alleges Kolb sexually harassed each of the teachers, creating a hostile work environment at the school. It also alleges Miller, Jones and the board of education failed to supervise Kolb as he took measures to retaliate against the teachers.

In his filing, Manning states the case belongs in federal court as it alleges the teachers were deprived of their constitutional rights, and also their rights guaranteed under Title IX of the federal Educational Amendments of 1972.

Kolb has “a long and continued history of harassment, abuse and sexual discrimination,” the teachers’ lawsuit alleges.

The first accusation against Kolb is listed as happening on Oct. 27, 2017, when Kolb allegedly attempted to open a bathroom door while teacher Rachel Miller was using the restroom. He told Miller, “Oops, I thought you were Autumn (Troullos). Were you scared?”

Kolb’s harassment of Troullos was “more persistent and severe,” the lawsuit states. It recounts a number of suspect stares and lewd, profane comments by Kolb aimed her way.

He also is accused of harassing and intimidating Ammirante, a relative of his ex-wife.

After the teachers’ registered complaints against him with the board of education, Kolb allegedly began to repeatedly come into their classrooms throughout the day.

The teachers were assured by the board they should fear no retaliation from Kolb for coming forward.

But the matter came to a head last year, when Kolb allegedly confronted Ammirante at a youth baseball game, according to the lawsuit.

“Don’t worry. You’re going to get yours,” the lawsuit says Kolb told Ammirante as he coached along the first base line. “It’s coming. You want to go to the board office, you’ll get yours. Go file that paperwork. You’ll all get yours. It’s coming to all of you.”

Based on a police report filed by Ammirante, the board had Kolb escorted from Bridge Street Middle School the next day by a police officer, with Jones witnessing the removal, according to the lawsuit.

During the final five weeks of the 2017-18 school year, Bridge Street Middle School was without a head principal, according to the lawsuit. Parents and students were never notified as to the reason of Kolb’s departure. No details of any further punishment against Kolb were provided.

The lawsuit states Kolb was paid for those five weeks, and was given a summer school principal job while on administrative leave. He was returned to his principal’s job at Bridge Street at the start of the school year.

According to the lawsuit, Troullos was forced to take a leave of absence because of the alleged harassment, and Ammirante transferred to another school.

The lawsuit also alleges that neither Jones nor Ohio County Schools Human Resources officer Susan Nolte offered any of the plaintiffs paperwork concerning their rights under Title IX.

The plaintiffs are seeking a jury trial for compensatory damages for psychological and emotional distress; punitive damages; a requirement that the Ohio County Board of Education “take effective steps to prevent sex-based discrimination and harassment;” and costs and fees.