Former GSC Students Says Glenville Bungled Rape Case
The WV Record Reports:
A former Glenville State College student is alleging campus police failed to properly investigate her claim she was raped two years ago following an impromptu party in her dormitory.
The College, and Daniel Bell, chief of its public safety department, are named as co-defendants in a civil rights suit filed by Amanda Smith. In her complaint filed September 17, 2012 in U.S. District Court, Smith, age 21, of Mineral Wells, says campus police not only failed to conduct the most routine of investigation into her allegation she was sexually assaulted by a fellow student in 2010, but also lost important evidence.
Additionally, Smith alleges hers is not the first time either campus police or GSC officials have showed deliberate indifference toward alleged rape victims.
A Not-So-Quiet Evening
According to her suit, Smith, then a sophomore, after returning to her room in Goodwin Hall from her on-campus job on September 18, 2010, received a text message from Michael McHenry, a fellow student, asking if she wanted to go out for ice cream. About that same time, Jayde Layne, another student, knocked on Smith’s door requesting help in the dorm’s laundry room.
However, Layne agreed to join Smith and McHenry for ice cream. They were accompanied by Jordan “Opie” Watkins, Erietta Patrianakos, and several “unidentified students.“
After returning to Goodwin Hall between 5:30 and 6:00 PM, Smith alleges Layne, and another student, Kala Fisher, asked if she would get McHenry to buy them alcohol. When Smith declined, Fisher and Layne then asked Patrianakos who agreed.
According to the suit, Patrianakos then took the alcohol to Watkins’ room, and left to be with her boyfriend. Shortly thereafter, Smith joined other students including Layne in Watkins’ room.
About 8:30 PM, Smith says she left to help her roommate carry groceries to their room on the second floor. Upon returning to Watkins’ room, Smith found additional students present including “unknown black males mixing drinks.“
Later around 9:00 PM Smith says Layne, who’d previously been mixing drinks in the bathroom, offered her a plastic cup. After consuming the unspecified contents of half of it, Layne brought her a different cup.
Sometime between then and 10:00 PM, the suit maintains Smith appeared she was having a “mild seizure” after becoming nauseous “with alternating bouts of vomiting and urinating, crying and screaming.“ Sometime thereafter she became unconscious.
According to the suit, someone removed Smith’s clothes leaving her in only her bra and panties. Upon discovering her disrobed and unconscious, Layne, Patrianakos and Fisher put Smith in the shower.
Sometime after 10:00 PM, Andrew Lewis, Goodwin Hall’s resident director, heard Smith screaming, and went to Watkins’ room to investigate. After arriving, he was joined by Travis Nesbitt, a student in an adjoining room, in rending first aid to Smith.
At 10:09 PM, Lewis called campus police requesting medical assistance for Smith. Twelve minutes later, Officer William Boone called for an ambulance.
An ambulance arrived at an unspecified time to take Smith to Stonewall Jackson Memorial Hospital in Weston. According to the suit, Nesbitt accompanied Smith, and observed her “holding her hands between her legs, stating “‘it hurts.‘“
Upon arrival at SJMH, Smith was placed in the intensive care unit. An initial examination of Smith discovered “a bodily fluid ‘pouring out’ of [her] va**na that ‘was not supposed to be there together with bruising on [her] thigh and arm.“
A toxicology report revealed Smith had a blood alcohol content of .236, and the presence of benzodiazepine in her system. In her suit, Smith avers she was not taking any medication containing benzodiazepine, and only consumed half of the drink Layne gave her.
Because she did not regain full consciousness until sometime the next morning, a sexual assault examination was performed in Smith later that afternoon. The examination revealed, among other things, bruising on Smith’s left shin, knee, upper arm and hip.
Also, the examination discovered Smith had “a large amount of mucus/discharge from her va**na that was ‘white/yellow’ in color in spite of the negative findings of va**nitas and the appearance of bacteria in her va**na opening.“ Furthermore, a nurse told Smith’s mother “‘This should not be there,‘“ when showing her a swab of the substance removed from Smith’s va**na.
The suit accuses GSC officials, specifically Bell, of “failing to follow protocol routine in sexual assault cases.“ This includes the “lack of safeguarding and storing of evidence [and] properly securing a crime scene.“
According to the suit, campus police failed to collect both the bed sheets in Watkins’ room and the clothes he used to dress Smith after she threw-up on herself before they were laundered. Also, the cups used to mix and serve the drinks were destroyed before they could be collected.
Additionally, the suit alleges an investigatory notebook kept by Bell was “accidentally placed in a washing machine and destroyed.“ Furthermore, Bell “showed minimal training” when he accused Smith of “placing the bruises found on her body herself.“
According to the suit, the inability of campus police to timely collect evidence was a result of no certified law enforcement officer being on duty at the time Lewis called them for help. The investigation did not begin until Glenville Police Sgt. Casey Jones arrived at a time not specified.
Any investigation into who might have raped Smith was hindered by Layne, Watkins, Patrianakos and Fisher refusing to cooperate with police. According to the suit, they “have refused to identify students in the room and have changed their statements.“
Following her alleged attack, Smith says she attempted to complete her classes that semester. However, due to harassment by Layne, Fisher, Watkins, Patrianakos and other students, who are named as co-defendants in the suit, Smith says she found not only attending classes, but also living in Goodwin Hall difficult.
Assurances college administrators made to “implement reasonable accommodations” for her to finish her classes, Smith said, where not kept. After receiving a letter dated October 07, 2010 from the College’s provost that she would most likely receive failing grades in her classes, Smith decided to withdraw.
According to her suit, college officials continued to display insensitivity toward her after she withdrew. Bell, Lewis and Jerry Burkhammer II, the dean of student affairs, were all no-shows for a meeting with Smith and her parents when she returned to campus to retrieve some personal belongings from her dorm room.
In the two years since she was attacked, Smith says there have been other sexual assaults take place on campus. Though she does not provide specifics, Smith says due to “a lack of investigatory technique and result” similar to what happened in her case, the other women “are considering filing separate claims against [GSC].“
As a result of her attack, the failure of campus police to properly investigate it and the harassment she received afterwards, Smith alleges she’s suffered “severe and permanent psychological damage, emotional distress and decreased educational opportunities.“ Along with ones for civil rights violations, she makes claims for failure to train, retaliation, assault and battery and intentional infliction of emotional distress.
Smith seeks unspecified damages, interest, court costs and attorneys fees. She is representing herself.
The case is assigned to Judge Irene M. Keeley.
U.S. District Court for the Northern District of West Virginia case number 12-cv-147
~~ Lawrence Smith - Kanawha Bureau - The WV Record ~~
West Virginia PSC Orders Hearing in Derecho Case
The West Virginia Public Service Commission says it will hold a public meeting in Charleston on Monday, October 22, 2012 to discuss how utility companies across West Virginia responded to the June 29 derecho that left most state residents without electric service for several days.
The order issued this week by the PSC also allows the state Consumer Advocate to intervene in the case and orders the City of Philippi, West Virginia Rural Water Association and the West Virginia Municipal League to file responses as was required in the commission’s July 20th order.
Earlier this summer the PSC gave utility companies 30 days to detail their operation plans to handle outages, discuss the extent of the outages and run through the problems that caused repair delays.
It took 5,100 workers from 22 states, including Kansas, South Dakota and Nebraska, more than 12 days to restore service for Appalachian Power customers.
Hundreds of workers also helped FirstEnergy restore service to Mon Power customers in northern counties.
Appalachian Power spent about $56 million on storm repairs in the Mountain State.
Personal Injury Suit Between Glenville Resident and Glenville State College Settled
The WV Record Reports:
A tentative settlement has been reached in a Gilmer County man’s lawsuit against Glenville State College for injuries he sustained four years ago at a motel the College owns.
August 20 was the scheduled day for trial to begin in Dale Norman’s suit against GSC and the Glenville State College Housing Corporation, a non-profit arm of the College that aids in helping it acquire and construct property. However, the trial was cancelled after the parties announced to Judge Carrie Webster they reached a settlement.
Neither David Mincer, GSC’s attorney, nor Debra Varner, GSCHC’s attorney, returned repeated telephone calls inquiring about the terms of the settlement. Also, Norman’s attorney, Doug Miley, declined to comment saying only it would be spilt evenly between GSC and GSCHC.
In his suit filed October 04, 2010, Norman, age 54, of Glenville, WV, alleged he sustained third-degree burns on his feet two years earlier when he attempted to take a bath at the Conrad Motel. Located down the hill, and across Main Street from GSC, the 42-room two-story motel derives its name from his founder, Jack Conrad, who first started it as a restaurant in 1926, and expanded it into a motel three years later.
According to the College’s Web site, GSCHC purchased the motel in July 2008 from Susie Kidd Shipe, Conrad’s niece, to provide housing for law enforcement officers coming to Glenville for training conducted by the state Department of Military Affairs and Public Safety. However, rooms would still be available to the public especially in June during the annual Folk Festival.
According to the Gilmer County Assessor’s Office, GSCHC purchased the motel for $500,000.
Though they admitted his feet did get burned while staying at the motel, both GSC and GSCHC in their answers to Norman’s suit denied any wrongdoing. In cross claims they filed against each other, both said should they be found liable for Norman’s injuries, the other should be made to compensate for its share of the negligence.
Kanawha Circuit Court case number 10-C-1767
~~ Lawrence Smith - WV Record ~~
WV’s New Business Court
A Business Court created by the state Supreme Court is scheduled to start up soon.
The plan was announced by Justice Robin Jean Davis this week and is scheduled to go into effect October 10, 2012.
The Business Court idea was first thought of in 2010.
The court will handle specialized cases in which the principal claims” involve matters of significance to the transactions, operations or governance between business entities” and the dispute involves “commercial and/or technology issues in which specialized treatment is likely to improve the expectation of a fair and reasonable resolution.“
Complex tax appeals will also be eligible to be heard by the Business Court.
Any party or judge involved in a case can seek referral to the Business Court.
A judge will be assigned to each case that is sent to the court and will do his best to conclude business disputes within 10 months from the date the case management order was entered.
The Supreme Court will eventually appoint a total of seven active or senior status circuit court judges to serve in the Business Court.
Gilmer County Circuit Court Report - 09.10.12
Chief Judge Jack Alsop presided over his regular motion day, Monday, September 10, 2012.
• Two fugitives from justice waived extradition to their states, both being represented by Daniel Grindo of Gassaway.
Brandon Owens waived to return to Maryland and Christopher Scott waived to return to Virginia.
Authorities in their states have until 4:00 PM on Wednesday, September 19, 2012 to pick the individuals up at Central Regional Jail or they will be released.
• Four juveniles were set and scheduled for further hearings as follows: Monday, December 10, 2012 at 9:00 AM, Tuesday, October 09, 2012 at 10:00 AM, Tuesday, October 09, 2012 at 11:00 AM and Thursday, September 20, 2012 at 2:30 PM.
• Judgment was rendered against Angela Nicholas in the amount of $7,981.03 in favor of Citibank’NA’ after a pre-trial hearing was heard.
Nicholas represented-herself and -plaintiff was represented by Jane Pancake.
• State of West Virginia vs. Robert Hacker
He was before the Court for reduction of bond.
Judge Alsop lowered his bond to $150,000.00 good and sufficient surety to be approved by the Circuit Clerk and also to be placed on home confinement and to have no contact with victims and/or witnesses in his case.
Hacker was represented by Daniel Grindo.
• The name change of Kenneth White was granted to correct his original birth certificate.
WV Judge Orders CashCall to Pay $13M Penalty
A West Virginia judge has ordered a California-based loan company to pay a $13 million civil penalty and cancel all debts owned by its clients in the state.
Kanawha County Chief Circuit Judge Duke Bloom issued the penalties against CashCall Inc. this week.
Bloom said the company used predatory lending practices and harassed borrowers who fell behind in payments.
The West Virginia Attorney General’s Office began investigating CashCall in 2007 after receiving complaints from consumers.
The office said CashCall charged interest rates of more than 90%.
West Virginia consumer protection laws limit these rates to 18%.
A lawyer for the company, Bruce M. Jacobs tells the Charleston Gazette that CashCall believes Bloom’s order is wrong and it likely will be appealed.
WV Supreme Court Justice Calls Dropout Numbers ‘Scary’
West Virginia Supreme Court Justice Robin Davis says more than half of the circuit judges in West Virginia are now focusing on truancy issues and are urging state lawmakers to put more resources toward battling the problem.
Davis and Taylor County Circuit Judge Alan Moats gave a group of state lawmakers an update Monday on the statewide initiative Davis began a year ago.
Justice Davis says judges are reporting some success against truancy but admit there’s much more work to be done.
Judge Moats says truancy leads to dropouts and the number of dropouts from 2000-2010 was shocking.
“Almost 35-thosuand kids quit school in West Virginia. That number is, quite frankly, scary,“ the judge told lawmakers.
Further statistics show 8 of every 10 dropouts end up in jail.
“They’re going to get in trouble. They have no hope. They are helpless. Most of them are on drugs. They have to feed their drug habit and they have no money to do it, so they end up violating the law,“ Moats said.
The judge predicts unchecked truancy will result in more dropouts and if each dropout over a 10-year period has three children the state could be looking at another 100-thousand more dropouts in the years to come.
“It is multigenerational and it’s not changing and it won’t change unless we stand up and say, ‘enough is enough,‘“ Judge Moats said. “This is destroying our state, slowly but surely, but certainly it is.“
The judge says not one group has the answer. He says not lawmakers, nor judges, nor schools systems. He says everyone must work together.
“It’s everybody’s problem. It’s the entire community’s problem,“ Moats said.
Anti-Truancy Cases Overwhelm West Virginia Social Workers
A new effort led by West Virginia’s judicial system to curb the West Virginia’s growing student truancy problem is overwhelming social workers.
The West Virginia Supreme Court launched an initiative last year to tackle truancy by pairing up the circuit court system, local school boards and social agencies to help keep students in school.
The West Virginia Department of Education says about one in five West Virginia students had five or more unexcused absences last year and 9% statewide were truant more than 10 days.
Those involved in the anti-truancy initiative say the increased push is creating results.
But they say is not enough manpower within the state Department of Health and Human Resources to deal with all the truancy cases.
West Virginia Supreme Court Does Order Further Investigation of Chip Watkins
The state Supreme Court has ordered the state Judicial Hearing Board to conduct further investigation against a Putnam County Family Court judge but justices have opted not to suspend Judge William “Chip” Watkins III without pay.
In an order released Friday the High Court says it has looked at the complaints filed against Judge Watkins and the Judicial Hearing Board should “conduct further investigation and hold a hearing forthwith.“
Judge Watkins is currently facing seven charges that he allegedly violated the Judicial Code of Conduct and trial court rules.
Watkins has allegedly verbally attacked people in his courtroom. Some of it has been caught on video.
Friday’s order says Supreme Court Justices Robin Davis and Margaret Workman voted to immediately suspend Judge Watkins without pay but the three other justices, Menis Ketchum, Brent Benjamin and Thomas McHugh voted against the no-pay suspension. Judge Watkins continues to hear cases.
Earlier this year the Supreme Court did vote to suspend former Kanawha County Magistrate Carol Fouty without pay.
Meanwhile, Watkins filed his response to the first two charges Friday.
Read the response by clicking H E R E.
In the eight-page response Watkins admits to several of the allegations made in the Formal Statement of Charges but in response to some he says he does not have sufficient knowledge or information to form a belief as to the truth of the allegations.
Judge Watkins does promise to do better.
He says he will try to file orders in a timely fashion, enter domestic violence orders on the same day of the hearing, attend and complete education and training programs and make every effort possible to return phone calls within 24 hours.
Gilmer County Circuit Court Report – 08.27.12
On Monday, August 27, 2012 Judge Richard A. Facemire presided over his regular monthly motion day, concluding at approximately 12:30 PM.
• State of West Virginia vs. Angel Hart
She was before the Court for modification of her probation, asking for her ankle bracelet to be removed because she is no longer employed due to her pregnancy, and can no longer afford it.
Hart will remain on probation but without the bracelet for monitoring.
Hart was represented by R. Russell Stobbs of Weston.
• State of West Virginia vs. Amanda Smith
She was before the court for sentencing after completing her 60 day diagnosis and classification at Lakin Correctional Facility.
She was represented by Garth Beck of Clarksburg and was sentenced to 1 -5 in the penitentiary.
Sentencing was suspended and she was fined $100.00 and court costs to be paid within 18 months and was granted 5-years’ probation.
She also must enroll in long term substance abuse counseling and then attend NA and AA and obtain full time employment.
She must also reside with her mother.
• Several juvenile matters were heard and reset for Monday, October 22, 2012, most of them are scheduled for 9:00 AM.
• State of West Virginia vs. Gary Paul Ferrell
He was before the Court for pretrial and his trial remains on the docket for Tuesday, September 18, 2012.
He is represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Jason Pritt
He was before the Court for reconsideration of his sentence, which was denied by the Judge.
Pritt was represented by Clinton Bischoff of Summersville.
• William Ratliff Sr. cs. Mylan Inc. Et al
The case was before the court for a settlement hearing, which was granted by the Court but it will be sealed along with the transcript of proceedings when it is received by the Clerk.
• Francis Frame vs. John Thomas Frame
The case was before the Court for a hearing set by defendant’s attorney, Timothy Butcher, for attorney fees and sanctions.
Judge Facemire took the same under advisement.
Francis Frame represented himself in the proceeding.
Judge Facemire cancelled the Tuesday, August 28, 2012 trial scheduled because he was trying a case in Braxton County.
U.S. Attorney Booth Goodwin: More Workers Stealing From Employers
U.S. Attorney Booth Goodwin says his office has seen more employee fraud and theft cases in the last year than he can remember in the past 10 years.
Goodwin says he doesn’t exactly know what’s causing the increase. He says it may be the economy or technology but one thing is for sure—-he says those once trusted employees will be prosecuted.
“We’re going to push this and get justice because we can’t stand for this,“ Goodwin said. “It could be the difference between being in business or not.“
The latest case to wrap-up came this week when former American Electric Power worker Deborah Farmer was sentenced to three years in federal prison for being the ringleader of a power surge scheme.
Farmer, age 47, was an AEP property damage claims adjuster. She led a scheme where more than 30 people filed false property surge claims. She made sure they were paid for those false claims.
“In this case they went to the well a total of 57 times,“ Goodwin said. “There were 57 fraudulent claims filed resulting for a loss (for AEP) of almost 600-thousand dollars.“
A federal judge sentenced co-defendant Julia Washington, age 45, of Charleston, to two years in prison and Freda Bradshaw, age 47, of Pliny, to one year in prison. Four other co-defendants were previously convicted and sentenced.
Goodwin says there are other cases pending of where once trusted employees have stolen from large businesses like banks and smaller businesses. He says each will be prosecuted in the coming months.
“We have easily had a half dozen cases in the past year and it’s especially hard on small businesses,“ Goodwin said. “Sometimes it’s the difference between profitability and not or the difference in staying in business or not.“
Two X-WV Officials Sentenced in Vote Fraud Case
A former Lincoln County sheriff has been sentenced to one year and one day in federal prison for his guilty plea in an election fraud conspiracy, while the county’s former clerk received a term of one year and six months.
Ex-Sheriff Jerry Bowman and former clerk Donald Whitten also were fined $5,000 Wednesday in federal court in Charleston.
U.S. District Judge Thomas Johnston called election fraud “a festering sore on the culture and image” of the state and said it must stop.
In March, Bowman pleaded guilty to conspiring to stuff the primary ballot box while running for circuit clerk, while Whitten pleaded guilty to lying to an investigator for Secretary of State Natalie Tennant that he had provided absentee ballots to Bowman.
Both defendants resigned from office afterward.
G-OB™: CALHOUN-GILMER CAREER CENTER - Classroom Teacher Networking Technology
Classroom Teacher Networking Technology
FOR THE POSITION OF: TEACHER
REPORTS TO: Director
I. The teacher shall implement the program of study. The performance criteria for this area shall include:
A. Bases instruction on adopted curricula for the school.
B. Demonstrates accurate and current knowledge in the subject field.
C. Develops appropriate lesson to teach instructional objectives.
D. Employs a variety of instructional strategies t augment achievement.
E. Utilizes content scope and sequence in planning.
II. The teacher shall foster a classroom climate conducive to learning. The performance criteria for this area shall include:
A. Follows established school discipline procedures which include West Virginia Board of Education Policy 4373 - Student Code of Conduct.
B. Establishes procedures and rules that enhance learning.
C. Encourages students’ attendance.
D. Sets high expectations for student performance.
E. Encourages and acknowledges individual student accomplishments and appropriate behavior.
F. Treats students in a fair and equitable manner.
G. Accommodates individual learning differences.
H. Creates and maintains an environment that supports learning.
I. Communicates with parents.
III. The teacher shall organize teaching strategies to maximize allocated instructional time to increase student learning. The performance criteria for this area includes:
A. Prepares and implements lesson plans.
B. Begins lesson or instructional activity with a review of previous material as appropriate.
C. Has materials, supplies and equipment ready at the start of the lesson or instructional activity.
D. Introduces the instructional activity and specifies instructional objectives.
E. Directs and adequately supervises students to be on task quickly at the beginning of each instructional activity.
F. Presents reading, writing, speaking, and listening strategies using concepts and language which students understand.
G. Provides relevant examples and demonstrations to illustrate concepts and skills.
H. Assigns developmentally appropriate tasks.
I. Provides instructional pacing that ensures student understanding.
J. Maximizes student time-on-task.
K. Makes effective transitions between instructional activities.
L. Summarizes the main point(s) of the instructional activity.
M. Encourages students to express ideas clearly and accurately.
N. Incorporates higher level thinking skills.
O. Assists students to develop productive work habits and study skills, enabling communication with parents as needed.
P. Provides remediation activities for students.
Q. Designs, delivers, and assesses student learning activities addressing the state adopted instructional goals and objectives.
R. Integrates a variety of technology applications and learning tools that augment student achievement.
IV. The teacher shall monitor student progress towards mastery of instructional goals and objectives. The performance criteria for this area includes:
A. Gathers, stores and monitors data related to student learning for use in assessing progress toward achieving the instructional objectives.
B. Follows grading policies and regulations.
C. Maintains accurate and complete student records.
D. Monitors and evaluates student progress.
E. Provides feedback on student work.
F. Monitors student attendance.
V. The teacher shall communicate with students, parents, educational personnel, and others, utilizing standard grammar, listening skills and clarity in the presentation of ideas. The performance standards in this area includes:
A. Communicates student progress according to established procedures and policies.
B. Communicates regularly and effectively with students, co-workers, parents/guardians, and community, exhibiting appropriate interactive skills.
C. Follows confidentiality procedures regarding students, parents/guardians, and fellow staff members.
D. Speaks and writes standard English clearly, correctly, and distinctly.
E. Determines and utilizes appropriate community resources.
VI. The teacher shall demonstrate behavior that reflects established professional responsibilities (i.e. attendance, punctuality, and verbal/nonverbal communication). The criteria for this area includes:
A. Adheres to established laws, policies, rules, and regulations.
B. Interacts appropriately with students, other educational personnel, and parents.
C. Participates in activities which foster professional growth.
D. Is punctual with reports, grades, records, and in reporting work.
E. Performs assigned duties.
F. Strives to meet county/school goals.
G. Commands respect by example in appearance, manners, behavior and language.
VII. The teacher shall demonstrate competency and knowledge in the implementation of the technology standards identified by West Virginia Board of Education policies.
A. Demonstrates a sound understanding of technology operations and concepts.
B. Plans and designs effective learning environments and experiences supported by technology.
C. Implements curriculum plans that include methods and strategies for applying technology to maximize student learning.
D. Applies technology to facilitate a variety of effective assessment and evaluation strategies.
E. Use technology to enhance productivity and professional practice.
F. Understands the social, ethical
legal and human issues surrounding the use of technology in PreK-12 schools and
applies that understanding in practice.
1. Work with area colleges, the administration, and faculty to enhance the seamless curriculum initiatives. (Articulation Agreements)
2. Help coordinate work-based activities in public schools and/or local businesses.
3. Utilize effective behavior management systems in the classroom that focus on student learning and time on-task.
4. Establish a network of resources for program completers.
5. Participate in recruitment activities for the Networking programs.
6. Other duties as assigned by the Director.
7. Have up-to-date technology knowledge and experience.
8. Coordinate Skills USA.
9. Initiate student recruitment activities at both high schools.
Job Location or School Name:
Calhoun-Gilmer Career Center
1. Qualifications as outlined in the West Virginia Code.
2. Meet minimum standards for certification as set forth by the West Virginia Board of Education in minimum standards for the Licensure of WV school personnel in order to obtain a WV Professional or vocational teaching certificate.
3. If applicant is coming from Industry at least four years (8,000 hours) of wage earning, verifiable work experience is required. If applicant has a four year bachelor’s degree or two year associate in-field degree at least two years (4,000 hours) of wage earning, verifiable work experience is required. WV DOE V10 form approved. A background in computer repair and networking is necessary.
4. Must be able to detect and correct hardware and software faults in personal computers and demonstrate knowledge of the structure and functions of the World Wide Web. The applicant should also be prepared to teach the curriculum necessary for students to be prepared to obtain their A+ Computer Technician certification.
Per State Adopted Salary Schedule
DEADLINE FOR RECEIPT OF APPLICATION AND RESUME:
06, 2012 – 4:00 PM
Bryan P. Sterns, Director
Calhoun-Gilmer Career Center
5260 E Little Kanawha Hwy
Grantsville, WV 26147
County Contact Email:
U.S. Court Strikes Down Graphic Warnings on Cigarettes
A U.S. appeals court on Friday struck down a law that requires tobacco companies to use graphic health warnings, such as of a man exhaling smoke through a hole in his throat.
The 2-1 decision by the court in Washington, D.C., contradicts another appeals court’s ruling in a similar case earlier this year, setting up the possibility the U.S. Supreme Court will weigh in on the dispute.
The court’s majority in the latest ruling found the label requirement from the U.S. Food and Drug Administration violated corporate speech rights.
“This case raises novel questions about the scope of the government’s authority to force the manufacturer of a product to go beyond making purely factual and accurate commercial disclosures and undermine its own economic interest—in this case, by making ‘every single pack of cigarettes in the country mini billboard’ for the government’s anti-smoking message,“ wrote Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit.
The FDA “has not provided a shred of evidence” showing that the graphic labels would reduce smoking, Brown added.
Five tobacco companies representing most of the major cigarette makers in the United States challenged the FDA rules: Reynolds American Inc, Lorillard Inc; Commonwealth Brands Inc, which is owned by Britain’s Imperial Tobacco Group Plc; Liggett Group LLC and Santa Fe Natural Tobacco Co Inc.
The FDA has argued the images of rotting teeth and diseased lungs are accurate and necessary to warn consumers—especially teenagers—about the risks of smoking.
The health agency said on Friday that it does not comment on possible, pending or ongoing litigation. The U.S. Department of Justice, which argued the case for the FDA, said it needs to review the ruling before deciding on next steps.
The Campaign for Tobacco-Free Kids, which has vigorously supported stricter cigarette laws, urged the government to appeal.
“Today’s ruling is wrong on the science and law, and it is by no means the final word on the new cigarette warnings,“ said Matthew Myers, the group’s president, in a statement.
The Centers for Disease Control and Prevention estimates some 45 million U.S. adults smoke cigarettes, which are the leading cause of preventable death in the United States. And the World Health Organization predicts smoking could kill 8 million people each year by 2030 if governments do not do more to help people quit.
The U.S. Surgeon General warned in March that youth smoking has reached epidemic proportions, as one in four U.S. high school seniors is a regular cigarette smoker, paving the way to a lifetime of addiction.
Judge Judith Rogers, who wrote the dissenting opinion, said the FDA warnings were factual, and necessary to counter tobacco companies’ history of deceptive advertising.
“The government has an interest of paramount importance in effectively conveying information about the health risks of smoking to adolescent would-be smokers and other consumers,“ she wrote.
Congress passed a law in 2009 that gave the FDA broad powers to regulate the tobacco industry, including imposing the label regulation. The law requires color warning labels big enough to cover the top 50% of a cigarette pack’s front and back panels, and the top 20% of print advertisements.
The FDA released nine new warnings in June 2011 that were meant to go into effect this September, the first change in U.S. cigarette warning labels in 25 years. Cigarette packs already carry text warnings from the U.S. Surgeon General.
The ruling against the FDA means tobacco companies will likely not have to comply with the requirements for now, given divergent court rulings.
The U.S. Appeals Court for the 6th Circuit, based in Cincinnati, upheld the bulk of the FDA’s new tobacco regulations in March, including the requirement for warning images on cigarette packs.
The difference in the two cases is that the FDA had not introduced the specific images when the companies filed the 6th Circuit suit. While the Washington suit focused on the images, the appeals court in Cincinnati addressed the larger issue of the FDA’s regulatory power.
Most countries in the European Union already carry graphic images to illustrate the health risks of smoking. Earlier this month, Australia took a further step to limit smoking advertising by banning company logos on cigarette packs, and the EU said it was considering a similar ban.
Ritchie Attorney, Judicial Candidate Accused of Misappropriating Funds, Deceit
The WV Record Reports:
A Ritchie County attorney, who is a candidate for circuit judge, will take a detour from the campaign trial to answer ethics charges that have been filed against him.
The Lawyer Disciplinary Board on April 27 filed a two-count statement of charges against Ira M. Haught. In the statement, the Board, the prosecutorial arm of the state Supreme Court, accuses Haught, 53, a sole practitioner in Harrisville of committing six violations of the Rules of Professional Conduct when he, in one case, converted money belonging to a client for his personal use, and attempted to deceive investigators who he was working for in another.
A statement of charges acts like an indictment for disciplinary purposes.
Conversion of Funds
The first count stems from a complaint filed by Gerald A. Heister. In his complaint filed May 27, 2010, Heister, board chairman for the National Rendezvous and Living History Foundation, alleged Haught received from funds illegally taken from the Foundation by a former employee, Linda Blizard, as payment for Haught’s fee to represent in a criminal action the Foundation filed against her.
In response to the complaint, Haught said the issues were resolved when a civil suit Blizard, and her husband, Richard, filed against NRLHF in 2008 was settled on September 10, 2009, with the Blizard’s agreeing to repay NRLHF $5,000. However, in subsequent correspondence with the Office of Disciplinary Counsel, the arm of the Court that investigates ethics complaints, Haught said while he received the disputed funds from the Blizards, none were used to pay his legal fees.
Heister disputed that by providing ODC a check made payable to Linda Blizard and Haught for $11,402.50. The check was cashed on June 30, 2008 Haught’s signatures being one on the back.
Though when he gave a sworn statement to ODC on December 07, 2010, he admitted the signature was his, Haught said he just endorsed it, and gave to the Blizards to cash. Also, he admitted that after the Blizard’s cashed the check, they gave it to him to keep in his office’s safe, and he returned it to them when the civil suit was dismissed.
Haught was asked to provide any receipts showing what the Blizards paid him. In a letter dated December 14, 2010, Haught said “he could not find any receipts for the year 2008 to show any amounts paid by Linda Blizard.“
According to the statement, a review of Haught’s client trust account showed a deposit was made on June 30, 2008 for $11,042.40. A month later the balance was $1,078.60 with “none of the checks paid out from that account in July of 2008 were made payable to Linda Blizard, Richard Blizard or to the NRLHF.“
Later, on September 11, 2009, Haught wrote a check for $7,062.50 to Richard Blizard from the account.
Because he converted funds for his personal use, and lied about it, the Board found Haught violated Rules dealing with safekeeping of property, misconduct, specifically “engage[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation,“ and Bar admission and disciplinary matters by “knowingly make a false statement of material fact.“
Who’s My Client?
The second count stems from a complaint filed by Jack and Wanda Wright on July 06, 2010. According to their complaint, the Wrights attempted unsuccessfully for four years to correct a deed to property they purchased in Doddridge County to include oil, gas and mineral rights Haught left out when preparing it.
According to the statement, the previous owner, L.L. Tonkin, contacted Haught in April 2005 about selling the property to David Thompson. However, because Thompson did not provide the money to complete the transfer, the deal fell through.
Later, in July 2006, Tonkin called Haught about selling the property to the Wrights. In a letter dated July 28, Haught said the cost to purchase the property would be $14,282.60.
After he received a check for the amount on August 01, Haught deposited the funds. About two weeks later, he recorded the deed, and closed his file.
In his response to the Wright’s complaint, Haught said his involvement in the case began when he was contacted by a pre-paid legal service used by Thompson, who later paid him $600. Also, Haught said he considered Tonkin, not the Wrights, to be his client, and because Tonkin didn’t sign the corrective deed, then the oil, gas and mineral rights were not to be included.
At ODC’s request, Haught provided a copy of the file he kept. Entries in it show Haught had correspondence with Thompson, Tonkin and the Wright about the property. In a letter sent to ODC on February 16, Haught said he “did not have any written representation contracts for L.L. Tonkin, David Thompson or Jack and Wanda Wright.“
Because he lied to ODC to avoid detection as to who was his client, the Board also found Haught violated the Rules dealing with misconduct and Bar admission and disciplinary matters.
An evidentiary hearing on the statement of charges before the Board’s hearing panel subcommittee is scheduled for August 31 at the W. Kent Carper Justice and Public Safety Complex in Charleston.
Haught is the Republican nominee for judge in the Third Judicial Circuit which includes Ritchie, Doddridge and Pleasants counties. He is seeking to fill the unexpired term of Judge Robert Holland who died in September 2010.
The following December, Governor Earl Ray Tomblin appointed Pleasants County Prosecutor Tim Sweeney, 55, to fill the vacancy. Sweeney is Haught’s Democratic opponent in November’s general election.
West Virginia Supreme Court of Appeals case number 12-0528
~~ Lawrence Smith - WV Record ~~
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