South Okanagan school district sued over alleged 2018 student assault

The family of a former Skaha Middle School student is suing the district's board of education for an alleged 2018 assault they claim caused continuing damage.

The lawsuit, filed in Kelowna on June 25, alleges that a student was hit over the head and knocked unconscious by another student.

To protect their identities as they were minors at the time of the incident, the alleged victim is referred to as 'W' and the alleged assaulter is referred to as 'Z'.

W, Z and a third unnamed student were allegedly in the same classroom when the education assistant left the room.

Z and the other students were playing a game of 'flip the bottle'. W got up, asked them to stop, and returned to his seat where he was allegedly knocked unconscious by Z hitting him with a chair.

According to the claim, the school had a behavioural and safety plan in place for Z and failed to call an ambulance for W after he was knocked unconscious.

The family claims the assault left W with ongoing medical issues and damage, including post-concussion visual syndrome, speech difficulties, anxiety, depression, balance issues and headaches.

The principal and education assistant of Skaha Middle School at the time are being sued for their alleged negligence in their handling of Z's behavioral plan and W's health following the alleged assault.

The board of School District 67 is being sued for vicarious negligence as the employer of the principal and education assistant.

The lawsuit is not seeking a specific dollar amount in damages.

No response has been filed yet by the School District and the claims have not been proven in court.