Former students sue school division in Winnipeg, allege liability for football coach’s behaviour

Three victims of disgraced football coach Kelsey McKay have sued the school division where he worked.

Three former high school students are suing a school division in Winnipeg, alleging it is liable for the inappropriate behaviour of their former football coach who was convicted of sexual assault.

According to a statement of claim filed in the Court of King’s Bench of Manitoba, the three students attended Vincent Massey Collegiate from 2013 to 2017, where they played on the varsity football team led by head coach Kelsey McKay.

During this time, McKay, who also taught physical education at the school, “established an intimate relationship” with the three students who “looked up, trusted and feared him,” according to the suit.

“Beginning in about 2013 and carrying through to about the spring of 2021, McKay psychologically abused, manipulated, bullied, groomed, lured, exploited and harassed the plaintiffs,” says the suit, which was filed earlier this month.

The lawsuit alleges that McKay met and communicated with the students for the purpose of “sexual exploitation and harassment,” disclosed his sexual preferences, and criticized and belittled the players in front of other students to “obtain psychological power and advantage.”

McKay was arrested and charged with sexual assault and other offences in April 2022, with further charges laid later that year after more former students came forward. In July 2023, McKay pleaded guilty to nine counts of sexual assault and two counts of luring.

He was sentenced to 20 years in prison the following year, along with a mandatory DNA and sexual offender registry order.

The former students—identified only by initials due to a court order protecting their identity—allege Pembina Trails School Division failed to screen McKay and failed to supervise and monitor his actions as a teacher and coach.

The suit says the school division also failed to make an adequate reporting system available and ignored complaints regarding McKay’s conduct.

During the students’ final year at the high school, parents and players raised concerns regarding McKay’s conduct to high school and school division administrators, according to the suit.

“Concerns and complaints were raised which were inadequately addressed by (Pembina Trails School Division) thereby permitting McKay to continue to engage in his inappropriate behaviour and exposing subsequent students and players to exploitation, harassment and abuse, all of which could have been avoided,” says the suit.

The former students allege “McKay was acting in the course of his duties as a teacher and coach and was using that position and the opportunity, power and trust which it provided to further his manipulation” and engage in the inappropriate conduct.

As a result of the school division’s behaviour, the former students say they have suffered from shame, depression, difficulties sleeping, and impairment of their ability to earn an income due to emotional trauma.

The suit seeks an unspecified amount in damages, including special damages, aggravated damages and punitive and exemplary damages.

A spokesperson for Pembina Trails School Division said they cannot comment on the case as it is before the courts.

None of the claims have been tested in court and no statement of defence has been filed yet.

-With files from CTV’s Danton Unger, Katherine Dow & Jon Hendricks