David Yates Oct. 3, 2012, 2:08pm

A petition for pre-suit investigatory depositions seeks testimony from the assistant principal at Port Arthur Memorial High School regarding the alleged sexual assault of a minor. 

Under the pseudonyms Does, the petition was filed Oct. 1 in Jefferson County District court.

The petition alleges Jenny Doe, a minor, was sexually assaulted by former teacher Kip McFarlin on the grounds of the Port Arthur Memorial High School campus and seeks the testimony of Tyrus Doctor, an assistant principal.

According to the Beaumont Enterprise, McFarlin was indicted in July on charges of improper relationship between an educator and student and sexual assault of a child. An Oct. 22 court date has been set.

The petition asserts Doctor is in a special position to address whether McFarlin has been accused of or involved in inappropriate teacher-student conduct in the past.

The testimony of Edward Wyble, the administrator who conducted the background check on McFarlin, is also being sought.

Depending on the testimony the petitioners elicit, a full-blown lawsuit might be initiated.

“Petitioners do not seek the deponents’ depositions for the purposes of harassment; rather petitioners seek to discover the facts necessary to make an informed decision about whether a lawsuit would be in their best interests,” the petition states.

Houston attorney Jack McGehee of McGehee, Chang and Barnes represents the petitioners.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-245

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