According to the criminal complaint on file in Kanawha County Magistrate Court, Smuda was charged with sexually abusing one student at his home in Dunbar. He had worked as the JROTC instructor at South Charleston High School for 15 years.
A juvenile male and his mother reported to the Dunbar Police Department in October 2011 that Smuda made sexual advances toward the teenager while they were watching a movie at Smuda's residence on Grandview Drive, the criminal complaint states.
According to the lawsuit filed by the students, the school board had received several reports that students were living with Smuda at his home and accompanying him on vacations.
"The Board, however, took no action to protect the students entrusted to its care. Because of the undeserved trust the Board placed in Smuda countless parents placed their trust and the health and wellbeing of their young sons in Smuda," the lawsuit states.
According to the lawsuit, school administrators received complaints from parents about Smuda's inappropriate behavior toward some of his male students.
A parent filed one complaint in August 2008, according to the lawsuit, that alleged Smuda had put whipped cream down a student's pants.
That complaint resulted in Smuda being placed on leave for one week, the suit states.
In February 2011, one of the alleged victims named in the lawsuit became Smuda's foster child. After a trip two of the alleged victims took with Smuda to Key West, Fla., in connection with the Black Eagle JROTC program, school officials received complaints about alcohol consumption and inappropriate behavior of chaperones in front of the cadets, the lawsuit states. But the board took no action, according to the lawsuit.
In June 2011, Child Protective Services removed Smuda's foster child when Smuda informed CPS he would take the juvenile to Florida. Smuda allegedly took the juvenile to Florida anyway, according to the lawsuit. Another juvenile later joined them.
In Florida, Smuda is alleged to have supplied the juveniles with alcohol and performed oral sex on them, the complaint states.
After the trip, one of the juveniles gave a note to the school's resource officer revealing details about the abuse, according to the complaint. Smuda was then placed on paid leave.
The case is set for trial next April.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.