WVSU Lawsuit Against Union Carbide A Mistrial

A mistrial was declared Monday in a lawsuit filed by West Virginia State University (WVSU) against Dow Chemical after a hung jury.  

WVSU filed the suit in 2017, alleging that Union Carbide, a subsidiary of Dow Chemical, polluted groundwater in and around the campus. The trial had closing arguments on Friday, but by Monday the jury was already at an impasse.

In notes provided to the judge by jurors, one of the jurors became hostile, causing a breakdown in the jury’s ability to come to a consensus. According to the notes the juror was being “confrontational” and “offensive” to some of the other jurors.

The Location

Institute is an unincorporated area that lies between the city of Dunbar, home to WVSU and the Union Carbide Chemical Plant. 

A map provided by a independent contractor to the EPA on ground water contamination by Union Carbide.
CH2M Hill East Property Boundary Investigation page 2.

This unincorporated area is home to a Resource Conservation and Recovery Act cleanup site, overseen by the U.S. Environmental Protection Agency. RCRA is a 1976 law that requires the cleanup of hazardous materials.

A timeline of events.
Briana Heaney/West Virginia Public Broadcasting

The Argument

WVSU says that toxic pollution created by Dow Chemical subsidiary, Union Carbide, is polluting properties owned by WVSU. WVSU claims this pollution makes it more costly for the university to expand because it will have to spend millions to make areas affected by pollutants safe for residential and nonresidential use. 

Dow says the company is not responsible, and the Institute Plant site poses no health risks to the community, including its neighbor WVSU. 

“Dow Chemical’s Institute Plant has contaminated the groundwater under West Virginia State University with three likely carcinogens, yet Dow refuses to clean up the pollution and pay for the harm,” the plaintiff, WVSU’s Board of Governors, said in the lawsuit. 

The EPA found benzene, chlorobenzene, chloroform, carbon tetrachloride, and tetrachloroethene in the ground water at the site. EPA’s remedy requires land and groundwater use restrictions for activities that may result in exposure to those contaminants. Ground water systems are interconnected and do not stop at property boundary lines. 

In the court filing, WVSU said Dow is aware of the damage its subsidiary, Union Carbide, has done to the air and ground water. 

“Dow admits that the pollution under the university’s property is so serious that no one can live in the polluted area, or even work or study there without special protective measures,” WVSU said in a response to Dow’s motion to dismiss. 

The filing states that Dow — not the university — says the WVSU’s property has been so severely damaged that no one can live where the contamination has spread to, and any building on the property requires barriers to block toxic fumes. 

Dow refutes this. 

“The Institute site poses no health risk to the community, including WVSU, and the data supports this conclusion,” Union Carbide Media Relations said in an emailed statement. “WVSU has repeatedly made the same assertion. UCC (Union Carbide Corporation) has met, and will continue to meet and exceed, all of its remediation commitments with oversight from the U.S. EPA and the WVDEP.”

Dow has been Union Carbide’s parent company since 2001. Dow says it is not responsible for Union Carbide’s every liability. In particular, it’s not necessarily responsible for these instances of Union Carbide’s alleged pollution at the company’s Institute Plant. 

“Dow never owned or operated the Institute Plant, foreclosing any argument that Dow may be held directly liable,” Dow said in a court filing. 

West Virginia State University can move forward with the litigation by going back to square one, starting a new trial with new jurors in Kanawha Circuit Court. A new date will be established by the circuit court. 

Dow Chemical declined an interview request. However, it said in an emailed statement that there are no health risks to the community, including West Virginia State University. 

The university and its law firm, Bailey and Glasser, declined to comment on the ongoing litigation.

State Leaders Break Ground On Agricultural Lab

West Virginia State University has been the only land grant institution in the nation without an agriculture school. However, due to a new law that is about to change. 

The 2024 Legislature passed a bill that would allocate $50 million to West Virginia State University to build an agriculture school. Gov. Jim Justice ceremonially signed the bill in May. 

On Tuesday, city and state officials broke ground on a new facility that will house a laboratory space for both WVSU and the West Virginia Department of Agriculture.

A Segregated and Underfunded History

The University is one of two Historically Black Colleges and Universities in the state. The other is Bluefield State College.

Last year, the Biden administration sent a letter to Gov. Jim Justice, addressing an “ongoing underinvestment in West Virginia State University” compared to the state’s other, predominantly white, land-grant university — West Virginia University.

WVSU President Ericke Cage said the groundbreaking brought on mixed emotions, although he said he felt a great deal of pride. 

“With today’s groundbreaking,” Cage said, “we take steps to fully fulfill our mission as a land grant institution and to do away with the dubious distinction of not having an agricultural school.” 

West Virginia State University is an 1890 Land Grant Institution. Such Institutions were founded under the Second Morrill Act of 1890, a federal mandate that states either consider Black students equal or create separate land-grant schools for them. 

Recent Steps Towards Increasing Investment in WVSU

Cage said this investment is a step forward for the university. 

“Today, we plant our flag in the sand and we say that we at West Virginia State University are going to establish a School of Agriculture, Food and Natural Resources, and this facility will serve as a cornerstone of that vision, of that goal,” Cage said.  

In the 2023 legislative session, the legislature passed a bill that funded the university by an extra million-plus dollars to help maximize federal matching programs. 

In Justice’s final State of the State address in January, he proposed the new Agriculture Lab at West Virginia State University. Now, with that proposal realized, he says this funding will help take the school to greatness — again. 

“We’ve pulled the rope together, from the legislature to the Agriculture Commissioner to all of us at this great school,” Justice said. “We’ve made some real goodness happen in West Virginia right now, and we’ll reap the benefits forever and ever and ever and ever.”

WVSU Football Player Killed In Charleston Shooting

Football player Jyilek Harrington was pronounced dead in Charleston Wednesday night.

Updated on Thursday, Sept. 12, 2024 at 3 p.m

West Virginia State University is reeling from the death of a student athlete.

Football player Jyilek Harrington was pronounced dead with multiple gunshot wounds at a Charleston apartment Wednesday night, according to a press release from the Charleston Police Department.

“Charleston Fire Department attempted life saving measures, however the victim was pronounced deceased,” the release states.  

“Upon further investigation, it was learned a disturbance happened outside in the hallway and inside the apartment. During the disturbance multiple gunshots were fired.”

The Charleston Police do not have any information on a suspect, and ask members of the public with any information to  contact the Criminal Investigation Division, 304-348-6480 or Metro Communications, 304-348-8111.

In a written statement, WVSU President Ericke S. Cage said the death is being investigated as a home invasion and homicide.

“Jyilek was a senior member of the Yellow Jacket football team. He was an outstanding student-athlete and was a leader not only on our campus, but in our community,” Cage said. “Our thoughts and prayers are with Jyilek’s family as they mourn the loss of this incredible young man.”

The Athletic Department has established a GoFundMe in Harrington’s honor. A native of Charlotte, North Carolina, Harrington was known to conduct fundraising efforts to support less fortunate families around Christmas.

“The athletic department is creating a fund in memory of Jyilek and all donations will be distributed to an organization in his hometown of Charlotte to continue his work,” said Nate Burton, WVSU Vice President of Intercollegiate Athletics

According to the WVSU Foundation website, the Jyilek Harrington Memorial Fund had already raised more than $2,000 by 1 p.m. Thursday.

Harrington played for Carson-Newman University of Jefferson City, Tennessee last season before transferring to WVSU.

West Virginia State University’s home opener against the Carson-Newman Eagles has been postponed to Friday at noon. The kickoff was originally scheduled for Thursday night at 6 p.m. Both teams will be holding a private vigil tonight.

All online tickets sold for tonight’s game will be accepted for entry tomorrow. Any ticket holders that are unable to attend the game can contact the sports information office at West Virginia State to receive equal online credits to the number of purchased tickets that will be good for tickets to any home football game this season, with the exception of the homecoming game against Concord on Oct. 12. Unfortunately, WVSU cannot offer cash or credit card refunds. 

“This was tragic and awful news to receive this morning,” said Carson-Newman head football coach Ashley Ingram in a statement on the team’s website. “We join with West Virginia State in mourning the passing of Jyliek Harrington. We will encourage and lift them up in their time of tragedy.”

Editor’s note: This story was updated to reflect that the football game has been postponed until Friday.

People With Intellectual, Developmental Disabilities To Get Help

On Monday, the Department of Human Services announced the hiring of West Virginia’s first Statewide Intellectual and Developmental Disability, or IDD, Coordinator, Susan File.

West Virginia has a new central point of contact to address opportunities for, and barriers to service, for individuals with intellectual and developmental disabilities in the state. 

On Monday, the Department of Human Services (DoHS) announced the hiring of West Virginia’s first statewide Intellectual and Developmental Disability (IDD), Coordinator, Susan File.

“I am honored to take on this role and look forward to working with the community, providers, and stakeholders to improve and expand services for individuals with intellectual and developmental disabilities in West Virginia,” File said.

File previously served as the behavioral health program manager for the Office of Inspector General.

In that role, File oversaw all state-licensed behavioral health facilities and acted as a liaison between the Office of Health Facility Licensure and Certification (OHFLAC) and DoHS’s Bureau for Medical Services (BMS) and other bureaus.

File has a bachelor’s degree in psychology from West Virginia State University and most recently served as the president of File Consulting, LLC, a consulting business focused on behavioral health and improving quality assurance and compliance for agencies. 

She was also the executive director of a privately owned, non-profit licensed behavioral health center.

As West Virginia’s IDD Coordinator, File will lead a new project for community engagement specialists tailored to IDD to facilitate community discharge placements.

File will report to Christina Mullins, DoHS Deputy Secretary for Mental Health and Substance Use Disorders, in the Office of the Cabinet Secretary.

“We are thrilled to welcome Susan File to our team,” Mullins said. “Her extensive experience and dedication to behavioral health will be invaluable as we work to enhance services and support for individuals with intellectual and developmental disabilities across the state.”

File began work on July 29, 2024.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

HBCU Greek Organizations Carry On The Tradition Of Stepping During WVSU’s Annual Homecoming Step Show

Inside the Appalachian mountains of Institute, West Virginia lies one of the nation’s leading public institutions of higher education for African Americans. In 1891, West Virginia State University (WVSU) was founded, and it is full of rich history and cultural traditions. One of the school’s biggest traditions each year is Homecoming. The annual week-long celebration is filled with on- and off-campus activities. The step show is always a crowd favorite.

This story originally aired in the Feb. 25, 2024 episode of Inside Appalachia.

Inside the Appalachian mountains of Institute, West Virginia lies one of the nation’s leading public institutions of higher education for African Americans. In 1891, West Virginia State University (WVSU) was founded, and it is full of rich history and cultural traditions. One of the school’s biggest traditions each year is Homecoming. The annual week-long celebration is filled with on- and off-campus activities. The step show is always a crowd favorite.  

Folkways Reporter Traci Phillips recently attended the 2023 West Virginia State University Homecoming step show with her 11-year-old daughter, Jayli, and has this story of a tradition that is common at most Homecomings at Historically Black Colleges and Universities (HBCU).


Inside the old WVSU gymnasium, the space is filled with sounds of clapping, stomping, chanting, music and audience enthusiasm. Members of the public are in the bleachers surrounding the basketball court where the stage is set up. 

College students representing each Greek organization on campus take turns entering the gym to a selected song or chant. Along with the undergrads are alumni from the 1960s through present day. After their grand entrance, the students take to the stage and perform a three- to five-minute routine. Everyone wears Greek paraphernalia — hats, boots, pins and sweatshirts — in their organization’s colors.

“You got Delta Sigma Theta walking out right now,” Jayli announces.

Delta Sigma Theta, a sorority that was founded in 1913, is just one of the sororities that is stepping today. As an HBCU graduate and Delta member myself, I thought it was important for my daughter, Jayli, to know this history and to experience this culture. Her being here is a rite of passage. Both of Jayli’s grandmothers are WVSU graduates. I am hoping she will one day attend an HBCU and be a Delta, too.

“Let’s see, I think they are about to stomp and clap again,” Jayli says. “I think they’re all helping each other out. That’s what I see.”

This is all part of a long tradition at HBCUs. The Homecoming step show is a way for African American fraternities and sororities to express love and pride for their respective organizations to a broader community. It is also a way for alumni and community members to reunite.

Kenny Hale of Charleston, West Virginia is at the step show today. He is a member of Omega Psi Phi Fraternity and was initiated during the 1970s at Marshall University in Huntington, West Virginia.

“Homecoming is when you see all this crowd come in and you get to see the people you knew and went to school with,” Hale says. “And just the enthusiasm that an HBCU brings with the power and the fellowship of scholarly people.”

Addison Hall of Cincinnati, Ohio is an alumni of WVSU and is also a member of Kappa Alpha Psi Fraternity. He says the Homecoming step show is a reunion.

“It’s a lot of people that you haven’t seen in a while showing back up, being in the same space that y’all shared and created all these memories at,” Hall says.

Members of Omega Psi Phi Fraternity performing during the 2023 WVSU Homecoming step show.

Photo Credit: Traci Phillips/West Virginia Public Broadcasting

Shanequa Smith is from New York. She went to WVSU and now lives in Charleston, West Virginia. She is a member of Delta Sigma Theta Sorority. 

“I’m Greek, and so it’s just a joyous time, and stepping is part of our history. It goes way back. And so this is a part of that, where we get to stay connected,” Smith says. “And it’s always good to see different people actually taking up that throne of stepping.”

The origin and roots of stepping stems from African cultural traditions. Stepping can be described as a synchronized movement using stomping and clapping. During the 20th century, America’s Black fraternities and sororities played a unique part in the reemergence of stepping on college campuses. Almost three million members strong, America’s nine Black sororities and fraternities are part of the National Pan-Hellenic Council, also known as the Divine Nine. 

Up next to perform is Alpha Kappa Alpha, a sorority that was founded in 1908.

“They are walking out with little kids and everybody’s holding up their pinky for the AKAs,” Jayli says. “They are rockin’ this … They have a brown outfit with their state facts on it.”

One of today’s performers is Ashlyn Bell, a Delta Sigma Theta Sorority member from Charleston, West Virginia. Bell is a junior majoring in elementary education. She says part of why she joined a sorority was her memories of going to step shows.

“Growing up in West Virginia, I came to Homecoming all the time and I just always seen the community. Actually, my mom is a Delta, so I’m a legacy. And we would come down and watch the step shows and I just remember really enjoying it,” Bell says. “It was lit, it was just over-the-top loud. I just thought it was so fun and so cool. Just couldn’t keep my eyes off what they were doing, how they’re moving with their hands, and jumping and screaming. I just thought it was amazing.”

This year, Bell performed by herself, representing her sorority, Delta Sigma Theta. She came out to the 1970s hit song, “Got To Be Real” by Cheryl Lynn, and early 2000s hit song “Knuck If You Buck” by Crime Mobb, doing a move called “the duck.” To do the duck, Bell says you have to, “bend your knees, hands out, head turned slightly up just a little bit. You know, you just lean into it.”

Bell wears black shorts, a red vest with Delta designs on it, sunglasses and spray-painted red boots. “The boots are actually traditional, something that past Alpha Delta chapter members have done for the step show,” Bell says. “So I’m gonna continue the tradition.” 

Ashlyn Bell poses before her performance at the WVSU Homecoming step show. Her hand signal represents the shape of the letter “D” for Delta in the Greek alphabet.

Photo courtesy of Kristy Lyles-Bell

Clothing and Greek paraphernalia are a big part of the step show. Debra Hart is the director of Equity Programs at Marshall University in Huntington, West Virginia. She is also a member of Delta Sigma Theta Sorority, and was initiated during the 1970s on the campus of West Virginia State University.

“When we crossed line in 1976, we all had to get a white suit made with a red shirt. And we got gloves and we got boots to match,” Hart says. “All 12 of us had a cane, and we were going to tap the canes and cross them back and forth.”

Kids are also a part of the community at Homecoming. Hart says she remembers going to a step show as young as eight years old.

“My grandmother would dress us in black and gold, because we’re all going to State’s Homecoming. When I was ten years old, I remember aggravating my family to stay for the step show,” Hart says.

Folkways Reporter Traci Phillips (back middle), poses with her family during the West Virginia State University step show. Family members include (from left to right): Brother, Danny Adkins — member of Omega Psi Phi Fraternity — and his daughter, Ellie Adkins; son, True Phillips; and daughter, Jayli Phillips.

Photo courtesy of LaQwanza Jackson

After the step show, I asked my daughter, Jayli, what she thought of her experience.

“I thought the step show was really empowering and motivating. The people out there stepping looked really good,” Jayli says. “I loved it, it looked like a fun thing to do. I can’t wait to get there and do it myself one day.”

——

This story is part of the Inside Appalachia Folkways Reporting Project, a partnership with West Virginia Public Broadcasting’s Inside Appalachia and the Folklife Program of the West Virginia Humanities Council.

The Folkways Reporting Project is made possible in part with support from Margaret A. Cargill Philanthropies to the West Virginia Public Broadcasting Foundation. Subscribe to the podcast to hear more stories of Appalachian folklife, arts and culture.

Step Dancing At WVSU And Radioactive Brine, Inside Appalachia

This week on Inside Appalachia, step shows are a tradition at many historically Black universities, including schools in Appalachia. We hear about one that’s part of West Virginia State University’s annual homecoming celebration. And, abandoned industrial sites have long been a magnet for people to explore and turn into not-at-all-legal hangout spots, but some come with hidden dangers. We learn about the danger at Fairmont Brine, a site in West Virginia that processed liquid used in hydraulic fracking.

Step shows are a tradition at many historically Black universities, including schools in Appalachia. We hear about one that’s part of West Virginia State University’s annual homecoming celebration. 

Abandoned industrial sites have long been a magnet for people to explore and turn into not-at-all-legal hangout spots, but some come with hidden dangers. We learn about the danger at Fairmont Brine, a site in West Virginia that processed liquid used in hydraulic fracking.  

You’ll hear these stories and more this week, Inside Appalachia.

In This Episode:


Steppin’ Up At West Virginia State University

Members of Delta Sigma Theta at WVSU’s homecoming. The sorority was part of the annual step show at the university.

Photo Credit: WVSU’s Alpha Delta Chapter of Delta Sigma Theta Sorority, Inc.

Fraternities and sororities at West Virginia State University (WVSU), one of the state’s two historically Black universities, introduced step dancing at the school decades ago. They made it part of the school’s annual homecoming celebration.

Folkways Reporter Traci Phillips has been attending step shows since she was a kid. Last fall, she brought along her 11-year-old daughter Jayli. They brought us the story.

Teaching Soul Food

Xavier Oglesby cuts onions for a macaroni salad he is cooking inside Manna House Ministries’ kitchen. A pot of boiling water is behind him, cooking the pasta for the dish.

Photo Credit: Vanessa Peña/West Virginia Public Broadcasting

The Appalachian table is complex and varied. Along with biscuits and gravy, it includes things like collard greens, extra cheesy mac and cheese and fried chicken feet — soul food. 

Soul food is associated with southern Black communities, but it’s also traditional to Appalachia, too.

Folkways Fellow Vanessa Peña visited with Xavier Oglesby, a master artist in soul food cooking from Beckley, West Virginia.

Radioactive And Dangerous

Fairmont Brine has fallen into disrepair since it was abandoned.

Photo Credit: Justin Nobel

Starting in the late 2000s, parts of Appalachia saw a natural gas boom from hydraulic fracturing, also known as fracking. But, some of that faded and in some places, the oil and gas industry has left behind dangerous industrial sites — like Fairmont Brine in Marion County, West Virginia. 

Left alone, the abandoned site became a popular hangout spot for unsuspecting young folks. 

Justin Nobel, an investigative reporter, wrote about the issue for Truthdig. The story is titled “Inside West Virginia’s Chernobyl: A highly radioactive oil and gas facility has become a party spot in Marion County.” 

Mason Adams spoke with Nobel about his investigation. 

Sugar Syrup Season In Central Appalachia

Valerie Lowry offers samples to visitors at the Highland County Maple Syrup Festival.

Photo Credit: Clara Haizlett/West Virginia Public Broadcasting

Highland County, Virginia and its neighbors in West Virginia are some of the southernmost places in the U.S. to make maple syrup.

Generations of people in these communities have turned tapping trees for syrup into a longstanding tradition — but modern producers are experimenting with new syrups while adapting to changing demands, and a changing climate.

Folkways Reporter Clara Haizlett brought us the story.

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Our theme music is by Matt Jackfert. Other music this week was provided by Jeff Ellis, Tyler Childers, Amethyst Kiah, Joe Dobbs and the 1937 Flood and Frank George.

Bill Lynch is our producer. Zander Aloi is our associate producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens.

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