The conviction of two Charles Hays secondary school teachers on sex charges; Michael Anthony Kolesar and Dana Allison Monteith, continue to haunt the City. Kolesar, a special needs teacher and coach, was charged in 2007 and sentenced to five years in prison for the sexual exploitation of two female students. Monteith was arrested in 2007 and sentenced to 45 days in jail after pleading guilty.

One of the girls molested/assaulted by Kolesar launched a civil suit against the School District claiming the district was negligent and liable. The Prince Rupert school board challenged the application to have the case heard by a jury and attempted to have the matter decided by a Judge alone. The female is only identified as J.G. and the assaults occurred over a three year period between the ages of 13 and 16 while she was enrolled in a life skills program as a special education student.

The claim filed is for physical and psychological damage from the assaults. The School Board lawyer suggested damages might amount to $100,000 if found liable and the lawyer for J.G. suggested it might be closer the $300,000.

The arguments centered around the ability of a jury to comprehend the complexities involved in this type of action. The Master of the Court decided it was not such a complex matter and stated a jury could be properly instructed.

One of the complexities is how the girl’s previous assaults and her fetal alcohol syndrome diagnoses might have caused this assault by a teacher to worsen her condition.

The case is expected to be heard by a jury in Prince Rupert next year.