WHEELING - The victim of a sexual assault at West Liberty State College is suing the school for failing to protect her.
The suit comes from the second of two female students who were assaulted by David Mark Lane of Beckley. Lane pleaded guilty on Sept. 24, 2007, in Ohio County Circuit Court to one count of sexual assault that occurred in September 2006 and two counts that occurred in April 2007. Both crimes took place on West Liberty's campus and involved separate victims.
Ohio County Circuit Judge James Mazzone, who sentenced Lane to two to 10 years in prison, recently denied a request by Lane to have his sentence reduced.
Mazzone also is presiding over the current civil suit filed on July 24 last year and set for trial on Oct. 26.
The complaint, filed on behalf Lane's second victim - a Chagrin Falls, Ohio, resident - makes several allegations. They include the following:
The complaint, filed by Wheeling attorney James J. Sellitti, claims his client suffered permanent physical and psychological injuries, including post-traumatic stress disorder, depression, anxiety, embarrassment, humiliation, loss of self-esteem, distrust of others, social isolation, shock, anger, mental anguish and emotional distress.
The suit seeks compensatory damages equal to the limit of WLSC's insurance and punitive damages in an amount to adequately punish WLSC in an amount that will deter WLSC from acting in a like manner in the future.
At a Tuesday hearing, Mazzone ruled that WLSC must grant Sellitti access to all information and materials relevant to the campus judicial board's investigation and conclusions from the first assault.
"West Virginia nor any other state has adopted a law that supports the college's position that access to internal disciplinary actions are protected by law," the judge said.
Mazzone also granted a motion by WLSC attorneys that the victim be subjected to psychological and psychiatric evaluations. He said the motion was granted "because the plaintiff placed her mental and emotional state as an issue in the case."
Calls to WLSC seeking comment were not returned.