Lawsuit alleges Revelstoke City Councillor Cody Younker sexually abused minor in 2014

A lawsuit filed in the B.C. Supreme Court alleges that Revelstoke City Councillor Cody Younker sexually assaulted a vulnerable 15-year-old student while he was a volunteer chaperone on an after school program in 2014.

Younker, who was elected to Revelstoke City Council in 2018, first moved to Revelstoke in 2015 where he worked for the Save-On-Foods as a manager. He later changed employers to Southside Market, where he is currently employed as a manager.

His exact age is not listed on his campaign disclosure statement from 2018, but revelstokemountaineer.com believes he is in his late 20s based on recent statements he made on social media.

The notice of civil claim dated Jan. 18 states that Younker was a volunteer with the Walnut Grove High School in the Township of Langley in 2014. It says he volunteered with a program called Harrison Hike Experience that led Grade 10 students on overnight hikes.

The claim states that the plaintiff, at the time a 15-year-old student at Walnut Grove, attended several of the overnight hikes. The plaintiff, a minor at the time of the alleged incidents, is not named in the claim document. It says that on her first hike Younker inquired about her personal life, and that she detailed her struggles with mental health, including suicidal thoughts.

The claim says that on the third hike, Younker asked for the plaintiff’s telephone number, and that “he began texting her that same evening.”

The claim states that Younker, “soon offered to help the plaintiff with her homework. He began picking her up after school for ‘homework hangouts.'”

The notice of civil claim alleges that around May and June of 2014, Younker committed acts of sexual assault and battery upon the plaintiff. The claim details allegations of acts of sexual assault and battery.

The lawsuit also names The Board of Education of School District No. 35 (Langley), and a school counsellor as co-defendants.

In mid-June 2014, the plaintiff reported the alleged incidents of abuse to a friend, who then contacted the school district, the statement claims.

A school staff member was assigned to interview the plaintiff and did on two occasions, including with the plaintiff’s parents present.

The claim states the staff member was in a conflict of interest, and that she accused the plaintiff of lying about the abuse, “and she defended Younker’s credibility.”

“The abuse and the interview were reprehensible and are morally repugnant to the plaintiff and to the community at large,” states the claim. “At all material times, the defendant School District owed a duty of care to the plaintiff to protect her from the risk of the abuse that materialized, and to diligently investigate her report of the abuse in an impartial way that did not re-victimize or silence her.”

“The school district knew or ought to have known of the risk of harm to the plaintiff or other students caused by Younker,” it states, “but failed to take reasonable steps to prevent the harm.”

The civil claim lists 18 different types of injuries the plaintiff allegedly sustained as a result of the incident, including PTSD, anxiety, depressive symptoms and nightmares. It also lists 10 different types of relief for damages sought by the plaintiff, including for pain and suffering, aggravated, and special damages.

Responses from the parties

Revlstokemountaineer.com reached out to Coun. Younker about the allegations.

In a text message, Younker said, “I would like to speak but am unable to at this time. Thank you.”

Younker was very active on social media accounts, but since the allegations were made on Jan. 18, he has deleted or taken offline his Twitter account, his Facebook profile, and his city councillor Facebook page.

Revelstokemountaineer.com has reached out to City of Revelstoke administration and Revelstoke Mayor Gary Sulz for comment on the lawsuit. Neither were immediately available for comment on the evening of Jan. 18.

Revelstokemountaineer.com has also contacted the Langley School District, but a spokesperson was also not immediately available on the evening of Jan. 18.

In a story by Keith Fraser in the Vancouver Sun, Fraser writes that the plaintiff’s lawyer, Sandra L. Kovacs, said that the plaintiff, “made a complaint to the RCMP but never received any closure from the police complaint and Younker was never held responsible criminally.” Revelstokemontaineer.com has reached out to Kovacs seeking comment.

A legal response to the lawsuit has not been filed. The allegations have not yet been tested in court.