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PUBLIC COMPLAINT AND JURY DEMAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. __________________ JANE DOE # 1; JANE DOE # 2; JANE DOE # 3 Plaintiffs, v. BOULDER VALLEY SCHOOL DISTRICT NO. RE-2; BOARD OF EDUCATION OF BOULDER VALLEY SCHOOL DISTRICT NO. RE-2; TRAVIS JON MASSE, in his individual capacity; SUPERINTENDENT CHRIS KING, in his individual and official capacities; PRINCIPAL GINGER RAMSEY, in her individual and official capacities; ASSISTANT PRINCIPAL AND ATHLETIC DIRECTOR MIKE LOWE, in his individual and official capacities; MARK SCHMIDT, in his individual capacity; MATT SCHMIDT, in his individual capacity; JASON WANEKA, in his individual capacity; JASMINE MASSE, in her individual capacity. Defendants.

COMPLAINT AND JURY DEMAND

Plaintiffs by and through their counsel, hereby submit their Complaint and Jury Demand against the Defendants. As grounds therefore the Plaintiffs state and allege as follows: NATURE OF THE ACTION 1. Plaintiffs Jane Doe # 1, Jane Doe # 2 and Jane Doe # 3 were minor children and

students at Broomfield High School (Broomfield High) who were the victims of a sustained pattern of sexual harassment, unlawful sexual contact, and sexual misconduct committed by Defendant Travis Jon Masse (Defendant Masse or Masse) over a period of multiple school years. Masses pattern of improper and discriminatory conduct was enabled and even promoted 1

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by fellow teachers, school employees, and school administrators, many of whom ignored multiple, repeated warnings that Defendant Masse was a sexual predator who abused his position of trust to prey upon vulnerable female students. All of Defendant Masses victims were under the age of 18 at the time that Defendant Masse harassed and abused them. Plaintiffs have elected to bring this action to seek redress for violations of their Constitutional rights to equal protection and due process, their federal statutory right to obtain an education without being subject to discrimination based on their gender, and their right under Colorado State law to be free from abusive conduct committed by an adult who occupied a position of trust. JURISDICTION AND VENUE 2. The United States District Court for the District of Colorado has jurisdiction over

Plaintiffs claim against the Defendants by virtue of 20 U.S.C. 1681(a) and 42 U.S.C. 1983. This action arises under the Constitution and laws of the United States and the State of Colorado, including 20 U.S.C. 1681(a) and 42 U.S.C. 1983. Jurisdiction supporting Plaintiffs claim for attorney fees and costs is conferred by 28 U.S.C. 1988. This Court has jurisdiction over Plaintiffs state law claims because Plaintiffs state and federal claims derive from a common nucleus of operative fact and are such that Plaintiffs would ordinarily be expected to try them all in one judicial proceeding. 3. and (b)(3). 4. Insofar as required with respect to the state law claims set forth herein, or which Venue is proper in the District of Colorado pursuant to 28 U.S.C. 1391(b)(2)

may be added, Plaintiffs timely gave notice and properly served notice of claims under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 (2008), et seq. Plaintiffs are not

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required to provide notice under the Colorado Governmental Immunity Act against the Defendants for the federal claims asserted in this Complaint.

PARTIES 5. Plaintiff Jane Doe # 1 was, at all relevant times, a resident of Broomfield,

Colorado. She was a student at Broomfield High from the fall semester of 2006 through the fall semester of 2009. Jane Doe #1s identity is disclosed in the Sealed Complaint and Jury Demand (See Ex. A.) 6. Plaintiff Jane Doe # 2 was, at all relevant times, a resident of Broomfield,

Colorado. She was a student at Broomfield High from the fall semester of 2007 until the spring semester of 2011. Jane Doe #2s identity is disclosed in the Sealed Complaint and Jury Demand (See Ex. A.) 7. Plaintiff Jane Doe # 3 was, at all relevant times, a resident of Broomfield,

Colorado. She was a student at Broomfield High from fall 2008 until 2011. Jane Doe #3s identity is disclosed in the Sealed Complaint and Jury Demand (See Ex. A.) 8. Defendant Boulder Valley School District No. RE-2 (Defendant Boulder Valley

School District or Boulder Valley School District) is the entity responsible for the administration of schools within Boulder County, including Broomfield High and Monarch High School. The Boulder Valley School District is a political entity capable of suing and being sued. 9. Defendant Board of Education of Boulder Valley School District No. RE-2

(Defendant Board of Education or Board of Education) an elected board of education that governs the Boulder Valley School District. The Boulder Valley Board of Education has seven

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members who each represent one of seven different districts throughout the geographical area of the Boulder Valley School District. Each member serves one four-year term per election up to a maximum of two terms or eight years total service. As the body that governs the Boulder Valley School District, the Board of Education is a final policymaker for the District. 10. Defendant Travis Masse was, at all relevant times, a resident of the State of

Colorado. He resided at 13348 Misty Street, Broomfield, Colorado 80020. At all relevant times, Defendant Masse was a social studies teacher at Broomfield High in the Boulder Valley School District. Masse taught United States History, World History, and Psychology. Masse was also the head wrestling coach at Broomfield High. 11. Defendant Chris King (Superintendent King) was, at all relevant times, the

superintendent of the Boulder Valley School District. In his capacity as superintendent, Superintendent King was a final policymaker for the Boulder Valley School District. Superintendent King also had authority to address allegations of discrimination, and to institute corrective measures on behalf of the Boulder Valley School District. 12. Defendant Ginger Ramsey (Principal Ramsey) was, at all relevant times, the

principal of Broomfield High. In her capacity as principal of Broomfield High, Principal Ramsey was a final policymaker for Broomfield High. Principal Ramsey had authority to address allegations of discrimination, and to institute corrective measures on behalf of Broomfield High and the Boulder Valley School District. 13. Defendant Mike Lowe (Assistant Principal/Athletic Director Lowe) was, at all

relevant times, the athletic director and assistant principal at Broomfield High. In his capacity as assistant principal and athletic director, Assistant Principal/Athletic Director Lowe had authority

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to address allegations of discrimination in Broomfield Highs athletic programs or carried out by Broomfield Highs athletic coaches and instructors. Assistant Principal/Athletic Director Lowe also had authority to institute corrective measures on behalf of Broomfield High and the Boulder Valley School District. 14. Defendant Mark Schmidt was, at various times, the head wrestling coach and

assistant wrestling coach at Broomfield High. At the time of the events giving rise to this action, Defendant Mark Schmidt was an assistant wrestling coach at Broomfield High. 15. Defendant Matt Schmidt was, at all relevant times, a security guard employed by

Broomfield High and a friend of Defendant Masses. 16. Defendant Jason Waneka (Defendant Waneka) was, at all relevant times, a

resident of Lafayette, Colorado and an assistant wrestling coach at Broomfield High. 17. Defendant Jasmine Masse was, at all relevant times, the wife of Defendant Masse.

She was and is a Colorado resident who resided with Defendant Masse at 13348 Misty Street, Broomfield, Colorado 80020. Jasmine Masse was also a teacher at Broomfield High at all times relevant herein. FACTUAL ALLEGATIONS 18. Defendant Masses involvement with Broomfield High began in 2001, when

Masse was a student at the University of Colorado. That year, Defendant Mark Schmidt, the head wrestling coach at Broomfield High, invited Masse to serve as a volunteer coach. 19. While Defendant Masse was studying to become a licensed teacher in the State of

Colorado, he participated in a field placement program. Defendant Masse was required to observe classroom instruction performed by a licensed teacher. Defendant Masse performed the

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field placement program at Monarch High School, which is located in the Boulder Valley School District, and was assigned to the classroom of Deann Bucher, who taught Social Studies at Monarch High School. 20. Shortly after Defendant Masse began the classroom, Ms. Bucher expressed

concern to the Monarch High School administration that Defendant Masse was engaged in inappropriate interaction and/or conduct involving female students. During the first week or two that Defendant Masse observed Ms. Buchers class, Defendant Masse requested that a female student give him her phone number. The student subsequently reported to Ms. Bucher that she had been receiving unsolicited and/or unwelcome phone calls at her house from Defendant Masse. The student stated that the calls made her feel uncomfortable, and that she could no longer attend class if Defendant Masse were present. 21. Ms. Bucher escorted Defendant Masse to the office of the principal at Monarch

High, Mr. Bill Johnson. Ms. Bucher advised the principal of the situation. Mr. Johnson immediately terminated Defendant Masse from the field placement program and told Defendant Masse that he was no longer welcome at or allowed to enter Monarch High School. Monarch High School officials therefore reacted promptly and effectively by removing Defendant Masse and preventing him from having any further contact with students in the educational environment. 22. Mr. Johnson immediately called Defendant Masses education supervisor, Dr.

Pam Ford, and notified her of the incident. 23. At the time of the incident, Defendant Masse was already working as a volunteer

assistant coach for the Broomfield High wrestling team.

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24.

Mr. Johnson called Principal Ramsey and informed her that Defendant Masse had

engaged in inappropriate contact with a female student. Upon information and belief, Principal Ramsey took no disciplinary or corrective action against Defendant Masse and took no other steps to protect female students at Broomfield High from similar inappropriate conduct. 25. Upon information and belief, Defendant Mark Schmidt, who was then the head

wrestling coach at Broomfield High, was also informed of the allegations concerning Defendant Masses inappropriate contact with a female student at Monarch High School. Yet, Defendant Mark Schmidt not only permitted Masse to continue his involvement the wrestling program, but actively encouraged administrators at Broomfield High to hire and/or promote Defendant Masse to become a part-time teacher, and subsequently as a full-time teacher. Defendant Mark Schmidt also recommended that Defendant Masse be hired as the head wrestling coach at Broomfield High, and school administrators acted upon his recommendation. 26. Upon information and belief, Defendant Boulder Valley School District and/or its

agents and/or employees kept and/or maintained records concerning Defendant Masses presence at Monarch High School and the circumstances surrounding his removal from the field placement program. Upon information and belief, these records were a part of Defendant Masses personnel file maintained by the employees and agents of Boulder Valley School District. 27. Upon information and belief, Defendant Boulder Valley School District,

Defendant Board of Education, Superintendent King, Principal Ramsey, Assistant Principal/Athletic Director Lowe, and/or Defendant Mark Schmidt all had access to Defendant Masses personnel records at all relevant times. Upon information and belief, these Defendants,

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or any of them, knew about the incident at Monarch High School and Defendant Masses termination from the practicum program. Upon information and belief, one or more of these Defendants nevertheless elected to employ, retain and promote Defendant Masse. 28. Notwithstanding the record of Defendant Masses prior misconduct within the

Boulder Valley School District, Broomfield High continued to employ Defendant Masse and, over time, continued to give him additional responsibility. With the added responsibilities came additional opportunities for Defendant Masse to have unsupervised contact with female students. 29. Upon Masses graduation from the University of Colorado, Masse was hired as a

part-time teacher and assistant wrestling coach at Broomfield High. By 2005, Masse had been promoted to be a full-time teacher and a paid assistant wrestling coach. Masse was hired by school officials to be the head wrestling coach in 2005. 30. In his capacity as head wrestling coach at Broomfield High, Defendant Masse

selected and oversaw wrestling team managers, who assisted the wrestlers and their coaches at practices and during wrestling competitions. The team managers were typically female students who worked closely with the coaches to ensure that the wrestlers had the equipment they needed to perform during practices and competitions. Their responsibilities included keeping score, as well as mopping and cleaning the wrestling mats. 31. At all times relevant herein, Defendants Waneka, Mark Schmidt, and Matt

Schmidt were heavily involved with the Broomfield High wrestling team. These Defendants worked hand-in-hand with Defendant Masse to coach the wrestling team and oversee the wrestling team managers. Upon information and belief, each of these Defendants had ample opportunity to observe Defendant Masses interactions with the wrestling managers and identify

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instances of inappropriate conduct perpetrated by Defendant Masse. Upon information and belief, each of these Defendants did, in fact, observe such inappropriate conduct, but failed to report the conduct or take other remedial action. 32. While teaching his classes, Defendant Masse would often leer and stare at his

female students. Upon information and belief, Defendant Masse frequently made inappropriate sexual comments to his female students. 33. Upon information and belief, Defendant Masses conduct was so pervasive and

well-known that incoming freshmen to Broomfield High were aware of his conduct and his inappropriate sexual contact with female students. According to witness interviews collected by Broomfield Police, it was common knowledge that Defendant Masse would attempt to have sexual relationships with female students. One student reported that, when he was a freshman, he heard that Defendant Masse would date the senior girls. 34. Students at Broomfield High became suspicious of Defendant Masses conduct

with Plaintiff Jane Doe # 1, as the two were often seen alone in his office together and/or were seen entering the school together. 35. Students also reported that Defendant Masses practice of bringing female

wrestling managers on trips to out-of-district and out-of-state wrestling meets was unusual and contrary to the practices of other high school wrestling programs. 36. Upon information and belief, Defendant Jasmine Masse also became aware that

her husband and fellow teacher, Defendant Masse, was perpetrating sexual harassment and sexual abuse against underage female students. Yet, Defendant Jasmine Masse did not report her knowledge to the Broomfield High administration or the Boulder Valley School District.

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37.

Upon information and belief, Defendant Boulder Valley School District,

Defendant Board of Education, Superintendent King, Principal Ramsey, Assistant Principal/Athletic Director Lowe, and/or Defendant Mark Schmidt willfully, recklessly and intentionally chose to ignore the behavior of Defendant Masse. 38. At all times relevant, Plaintiffs Jane Doe # 1, Jane Doe # 2 and Jane Doe # 3 were

under the age of 18 and were legally minors. At all times relevant, Defendant Masse was over the age of 18, a teacher, a wrestling coach and, thus, a person who occupied a position of trust relative to Plaintiffs Jane Doe # 1, Jane Doe # 2 and Jane Doe # 3. Plaintiffs could not legally consent to any form of sexual contact with Defendant Masse. At all relevant times, Defendant Masses conduct was unlawful and criminal. Upon information and belief, Defendants ratified or acquiesced to Defendant Masses unlawful and criminal behavior by failing to investigate or adequately supervise Defendant Masse. A. 39. Plaintiff Jane Doe # 1 Plaintiff Jane Doe # 1 met Defendant Masse during the summer of 2006, before

the start of her freshman year, at a graduation party for her stepbrother. Plaintiff Jane Doe # 1s stepbrother had graduated from Broomfield High and had been a member of the Broomfield High wrestling team while he was a student. Plaintiff Jane Doe # 1 was fifteen years of age when she met Defendant Masse. 40. Defendant Masse offered Plaintiff Jane Doe # 1 a position as a wrestling team

manager. Plaintiff Jane Doe # 1 accepted the position. 41. In December of 2007, when Plaintiff Jane Doe # 1 was a sophomore at

Broomfield High, Defendant Masse began sending her unsolicited text messages via his cellular

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phone while the varsity wrestling team was competing at an out-of-state wrestling meet in Ohio. Plaintiff Jane Doe # 1s father was traveling with the team. Accordingly, Plaintiff Jane Doe # 1 was home alone when the communications began. 42. Defendant Masse messaged Plaintiff Jane Doe # 1 with the pretext of inquiring

about the performance of the junior varsity wrestling team. Defendant Masse subsequently steered the conversation to sexual topics. 43. During the subsequent months, the frequency of Defendant Masses text messages

to Plaintiff Jane Doe # 1 increased. Plaintiff Jane Doe # 1 reported that she and Defendant Masse would text constantly. Every day. Plaintiff Jane Doe # 1 also reported that Defendant Masses text messages to her involved sexual subjects every time the two exchanged text messages. 44. Defendant Masse sent text messages to Plaintiff Jane Doe # 1 at all hours of the

day, including during school hours when Defendant Masse was supposed to be teaching his assigned courses. A number of students, teachers, employees and staff at Broomfield High observed that Defendant Masse was constantly using his phone to send and receive text messages. Defendant Waneka observed that Defendant Masse sent and received text messages constantly during wrestling competitions. At no time were the text messages used to further the educational process and mission of Broomfield High. Yet, nobody in a supervisory role, including any of the named Defendants, ever confronted Defendant Masse about the content or extent of his text messaging. 45. During the 2008/2009 school year, when Plaintiff Jane Doe # 1 was a junior at

Broomfield High, Plaintiff Jane Doe # 1 took a history course and a sociology course taught by

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Defendant Masse. Defendant Masse continued to send Plaintiff Jane Doe # 1 text messages of a sexual nature, even when Plaintiff Jane Doe # 1 and Defendant Masse were both in Defendant Masses classroom. 46. During the 2008/2009 academic year, Defendant Masse requested that Plaintiff

Jane Doe # 1 send Defendant Masse nude photographs of herself via text message. Plaintiff Jane Doe # 1 complied with the request. 47. In one two month period, between December 2008 and February 2009, Defendant

Masse and Plaintiff Jane Doe # 1 exchanged 8,970 text messages. 48. The text messages were sent and received during school hours. None of the text

messages furthered the educational purposes of Broomfield High. At no time did school officials or teachers ever confront Defendant Masse about his persistent use of text messaging during school hours. 49. Broomfield High does not have a policy or procedure in place to monitor or

evaluate the appropriateness of text messages or other electronic communications sent to students by teachers and other persons who occupy positions of trust relative to students. 50. One evening in November or December of 2008, Plaintiff Jane Doe # 1 and

Defendant Masse had unlawful sexual contact at Sienna Dam, at Anthem Lake. 51. On December 19th and 20th, 2008, Plaintiff Jane Doe # 1 accompanied the

wrestling team to a competition in Grand Junction, Colorado. 52. During the Grand Junction trip, Defendant Masse had unlawful sexual contact

with Plaintiff Jane Doe # 1.

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53.

Following the Grand Junction trip, Defendant Masses inappropriate contact with

Plaintiff Jane Doe # 1 extended to the classroom. On one occasion, Defendant Masse initiated unlawful contact while Plaintiff Jane Doe # 1 was leaving his classroom. On another occasion, Defendant Masse initiated unlawful contact as Plaintiff Jane Doe # 1 was retrieving an object from the wrestling coaches office. 54. On January 15 17, 2009, Plaintiff Jane Doe # 1 traveled with the wrestling team

to a competition in Huntington Beach, California. The team stayed at a hotel in Huntington Beach. Both Defendant Masse and Plaintiff Jane Doe # 1s father accompanied the team on the trip. 55. The team was also accompanied by Superintendent King, whose son competed for

the Broomfield High wrestling team, by Defendant Mark Schmidt, who was then an assistant coach for the team, and by Defendant Waneka, who was also an assistant coach for the team. 56. Superintendent King had reserved Room 811 at the teams hotel. However,

Superintendent Kings son was eliminated early in the tournament, and Superintendent King did not need the room for the final evening of the teams stay. Accordingly, Superintendent King gave his room key to Defendant Masse. 57. Several of the wrestlers parents traveled with the team to Huntington Beach for

the tournament. Throughout the competition, many of the parents observed that Defendant Masse, Defendant Mark Schmidt, Defendant Waneka, and other coaches were openly consuming alcohol in front of students, and were conducting themselves inappropriately in the evenings after matches had concluded. One or more parents confronted Defendant Masse and his fellow coaches about their behavior after the matches had concluded on the final day of the tournament.

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58.

Upon information and belief, Superintendent King gave Defendant Masse the key

to Room 811 despite knowing or having reason to know that Defendant Masse had previously been removed from Monarch High School because of inappropriate conduct with a female student. Superintendent King also gave the key to Defendant Masse despite knowing that Defendant Masse and his fellow coaches had been consuming alcoholic beverages and behaving inappropriately in the evenings after the days matches were complete. 59. At some point during the final day of the tournament, Defendant Masse had

unlawful sexual contact with Plaintiff Jane Doe # 1 at the school where the competition was occurring. 60. Late that evening, Defendant Masse invited Plaintiff Jane Doe # 1 to meet him in

Room 811. Jane Doe # 1 went to the 8th floor and met Defendant Masse in Room 811. Defendant Masse committed sexual assault against Plaintiff Jane Doe # 1. 61. On February 13 and 14, 2009, Plaintiff Jane Doe # 1 traveled with the wrestling

team to a regional competition in Elizabeth, Colorado. 62. On the second day of the competition, Defendant Masse committed sexual assault

against Plaintiff Jane Doe # 1. 63. As a direct and proximate result of Defendants conduct, and each of them,

Plaintiff Jane Doe # 1 suffered damages, injuries and losses. These damages include, but are not limited to, mental anguish, loss of enjoyment of life, pain and suffering, and humiliation. The actions of these Defendants also denied Plaintiff Jane Doe # 1 equal access to educational opportunities, as required by 20 U.S.C. 1681(a), as well as her rights to equal protection and due process of law under the Fourteenth Amendment to the United States Constitution.

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B. 64.

Plaintiff Jane Doe # 2 At all relevant times, Plaintiff Jane Doe # 2 resided in Broomfield, Colorado with

her mother. Plaintiff Jane Doe # 2s parents were divorced, and her father had resided in Texas since Plaintiff Jane Doe # 2 was in seventh grade. 65. Plaintiff Jane Doe # 2 was sixteen years old and a sophomore at Broomfield High

in the spring of 2009. That spring, her brother committed suicide. 66. Plaintiff Jane Doe # 2s mother was concerned about Plaintiff Jane Doe # 2s

emotional well-being as she entered her junior year in the fall of 2009. Accordingly, the mother of Plaintiff Jane Doe # 2arranged a meeting with Principal Ramsey in order to express her concerns about her daughters emotional state. Principal Ramsey informed Jane Doe # 2s teachers of these concerns, including Defendant Masse. 67. Plaintiff Jane Doe # 2 was assigned to take United States History from Defendant

Masse during the sixth period of the school day. Mr. Masse was aware of the turmoil that Plaintiff Jane Doe # 2 had experienced at home. 68. Defendant Masse assigned Plaintiff Jane Doe # 2 to sit in the front row of the

class. Plaintiffs seating position enabled Defendant Masse to chat with Plaintiff when Defendant Masse was not actively teaching his class. On occasion, Defendant Masse would show videos in his class, and would talk with Plaintiff Jane Doe # 2 about personal matters while the videos were playing. 69. The father of Plaintiff Jane Doe # 2 was planning to remarry during the fall of

2009 to a woman who lived in Texas.

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70.

Defendant Masse offered Plaintiff Jane Doe # 2 a position as a wrestling manager

in the afternoon immediately before Plaintiff Jane Doe # 2 left to attend her fathers wedding in Texas. 71. The next day, after Plaintiff Jane Doe # 2 had arrived in Texas, Defendant Masse

began sending her text messages, and continued to send her messages throughout the day. 72. 73. Late in the evening, Defendant Masse turned conversation to sexual topics. Defendant Masse asked Plaintiff Jane Doe # 2 to play the game 21 Questions,

in which she and Defendant Masse would ask Plaintiff Jane Doe # 2 questions about her past sexual experiences. 74. Defendant Masse also asked Plaintiff Jane Doe # 2 to send him naked pictures.

Plaintiff Jane Doe # 2 refused. Defendant Masse asked again, and Plaintiff Jane Doe # 2 sent him a picture in which she was dressed in a sports bra and boy shorts. 75. Defendant Masse asked Plaintiff Jane Doe # 2 to have sex with him. He persisted

with ongoing demands that she perform lewd acts. 76. Between Thursday and Saturday evening, while Plaintiff Jane Doe # 2 was

attending her fathers wedding, Defendant Masse exchanged approximately 362 text messages with Plaintiff Jane Doe # 2. 77. After Plaintiff Jane Doe # 2 returned from the wedding, Defendant Masse

continued to send her text messages with sexual content. Plaintiff Jane Doe # 2 also observed that Defendant Masse would frequently stare at her inappropriately during class. 78. Plaintiff also observed that Defendant Masse did not require her to work as hard

in his class as the other students.

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79.

As a direct and proximate result of Defendants conduct, and each of them,

Plaintiff Jane Doe # 2 suffered damages, injuries and losses. These damages include, but are not limited to, mental anguish, loss of enjoyment of life, pain and suffering, and humiliation. The actions of these Defendants also denied Plaintiff Jane Doe # 2 equal access to educational opportunities, as required by 20 U.S.C. 1681(a), as well as her rights to equal protection and due process of law under the Fourteenth Amendment to the United States Constitution. C. 80. Plaintiff Jane Doe # 3 Plaintiff Jane Doe # 3 was a student at Broomfield High and a friend of Plaintiff

Jane Doe # 2. Upon information and belief, Defendant Masse obtained contact information for Plaintiff Jane Doe # 3 from Plaintiff Jane Doe # 2. 81. After obtaining Plaintiff Jane Doe # 3s contact information, Defendant Masse

sent her numerous text messages, many of which contained inappropriate, lewd, and sexually explicit content. The inappropriate text messages and unlawful contact occurred during the fall of 2009. The text messages were sent at all hours of the day, including during school hours. The text messages did not fulfill or promote the educational mission of Broomfield High. 82. During the fall of 2009, Plaintiff Jane Doe # 3 took a course taught by Defendant

Mark Schmidt during the 7th period of the school day. During class sessions taught by Defendant Mark Schmidt, Defendant Masse would frequently enter the classroom to have conversations with Plaintiff Jane Doe # 3. 83. Defendant Masse committed sexual assault against Plaintiff Jane Doe # 3 on three

separate occasions. 84. One sexual assault occurred in the wrestling room at Broomfield High.

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85.

A second assault occurred in Defendant Masses truck. Plaintiff Jane Doe # 3

entered Defendant Masses truck because she needed a ride home from volleyball practice. 86. At all relevant times, Defendant Matt Schmidt was aware of the unlawful sexual

contact between Defendant Masse and Plaintiff Jane Doe # 3. 87. The day after Defendant Masse was arrested for offenses involving unlawful

sexual contact with a minor, Defendant Matt Schmidt confronted Plaintiff Jane Doe # 3 and instructed Plaintiff Jane Doe # 3 not to tell anyone about the sexual contact that had occurred between her and Defendant Masse. 88. Defendant Masse threatened Plaintiff Jane Doe # 3 that, if she told anyone about

the assaults and the inappropriate communications, he would send naked photographs of her to the wrestling team and/or would allege that she was coming onto him. 89. As a direct and proximate result of Defendants conduct, and each of them,

Plaintiff Jane Doe # 3 suffered damages, injuries and losses. These damages include, but are not limited to, mental anguish, loss of enjoyment of life, pain and suffering, and humiliation. The actions of these Defendants also denied Plaintiff Jane Doe # 3 equal access to educational opportunities, as required by 20 U.S.C. 1681(a), as well as her rights to equal protection and due process of law under the Fourteenth Amendment to the United States Constitution. First Claim for Relief By All Plaintiffs 20 U.S.C. 1681(a) Unlawful Gender Discrimination in Educational Programs and Activities Against All Defendants 90. herein. Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

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91.

Defendant Masse engaged in a deliberate, continuous, ongoing pattern of sexual

harassment and sexual assault against minor students, including Plaintiffs, over a period of multiple academic years. Such conduct constituted discrimination based on gender, in violation of 20 U.S.C. 1681(a). 92. Defendants were deliberately indifferent to the continuing pattern of sexual

harassment and sexual misconduct perpetrated by Defendant Masse. 93. Defendants lack of response to the continuing pattern of sexual harassment

perpetrated by Defendant Masse was clearly unreasonable in light of the known circumstances. 94. Defendants acted with such deliberate indifference despite having actual

knowledge that the harassment was occurring. 95. The harassment was so severe, pervasive and objectively offensive that it

deprived Plaintiffs of access to the educational opportunities and benefits provided by the school. 96. As a direct and proximate result of Defendant Masses unconstitutional conduct,

Plaintiffs sustained the injuries, damages and losses set forth more fully in paragraphs 63, 79 and 89 of this Complaint. Second Claim for Relief By All Plaintiffs 42 U.S.C. 1983 Violation of Rights to Equal Protection and Due Process under the Fourteenth Amendment of the United States Constitution Against Defendant Masse

97. herein. 98.

Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

Defendant Masse, at all relevant times, acted under color of state law.

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99.

Defendant Masse, while acting under color of state law, engaged in a persistent

pattern of sexual harassment, sexual assault, and sexual misconduct against Plaintiffs. 100. Defendant Masses deprived Plaintiffs of their rights to equal protection under the

law and due process of law, as guaranteed by the Fourteenth Amendment to the United States Constitution. 101. As a direct and proximate result of Defendant Masses unconstitutional conduct,

Plaintiffs sustained the injuries, damages and losses set forth more fully in paragraphs 63, 79 and 89 of this Complaint. Third Claim for Relief By All Plaintiffs 42 U.S.C. 1983 Failure to Investigate and Report Against Defendants Boulder Valley School District, Boulder Valley School District Board of Education, Superintendent King, Principal Ramsey, Vice Principal and Athletic Director Lowe in their Official and Individual Capacities 102. herein. 103. Defendant Masse engaged in a continuing, widespread and persistent pattern of Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

misconduct. Such misconduct included persistent acts sexual harassment and sexual assault committed against multiple students at Broomfield High, including the Plaintiffs in this action. 104. After receiving notice of the conduct, these defendants demonstrated deliberate

indifference to and/or tacit authorization of the conduct of Defendant Masse. 105. Defendants deliberate indifference was both a cause-in-fact and proximate cause

of the injuries sustained by Plaintiffs, as described more fully in paragraphs 63, 79 and 89 of this Complaint.

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Fourth Claim for Relief By All Plaintiffs 42 U.S.C. 1983 Failure to Supervise and Train Against Defendants Boulder Valley School District, Boulder Valley School District Board of Education, Superintendent King, Principal Ramsey, Vice Principal and Athletic Director Lowe in their Official and Individual Capacities 106. herein. 107. Defendants knew that employees of Broomfield High and Boulder Valley School Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

District would confront a real or perceived need to utilize electronic media, including emails and text messages, in order to communicate with students and fellow staff. 108. The use of such communication tools inevitably involved difficult choices

concerning the appropriateness of communications between staff and students, in which the boundary between appropriate and inappropriate communications was not clear. 109. Failure by staff to adhere to proper boundaries in communications with students

had a strong propensity to result in communications that harassed, intimidated, and/or resulted in inappropriate sexual contact between employees and students, in violation of students rights under the 14th Amendment of the United States Constitution. 110. Despite the substantial risk posed by such communications, Defendants had in

place an unconstitutional custom or practice of failing to issue clear guidelines and/or failing to enforce existing guidelines concerning the time, place, manner and content of electronic communications between school staff and students. 111. Defendants also knew that employees of Broomfield High and Boulder Valley

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contact between employees and students, in violation of students rights under the 14th Amendment of the United States Constitution. 112. Despite the substantial risk posed by such interactions, Defendants had in place an

unconstitutional custom or practice of failing to train employees to recognize and/or report such indicia of harassment, intimidation, and/or inappropriate sexual contact. 113. Defendants unconstitutional custom or practice represented deliberate

indifference to Plaintiffs constitutional rights. 114. Defendants unconstitutional custom or practice was a moving force behind the

violation of Plaintiffs constitutional rights. 115. As a direct and proximate result of these Defendants unconstitutional customs

and practices, Plaintiffs sustained injuries, damages and losses as more fully set forth in paragraphs 63, 79 and 89 of this Complaint. Fifth Claim for Relief By All Plaintiffs Failure to Report Abuse under C.R.S. 19-3-304 Against Defendants Masse, Superintendent King, Principal Ramsey, Assistant Principal/Athletic Director Lowe, Mark Schmidt, Matt Schmidt, Chris Waneka, Jasmine Masse 116. herein. 117. Defendants were public or private school officials or employees under the Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

meaning of C.R.S. 19-3-304(2)(l). 118. Upon information and belief, Defendants either knew or had reasonable cause to

know or suspect that Plaintiffs, who were minor children, had been subjected or were being subjected to abuse or neglect. 22

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119.

Upon information and belief, Defendants observed Plaintiffs, who were minor

children, being subjected to circumstances or conditions that would reasonably result in abuse or neglect. 120. Defendants were required to immediately report or cause a report to be made of

these facts to the county department or local law enforcement agency. 121. Defendants failed to immediately report or cause a report to be made of these

facts to any law enforcement agency. 122. As a direct and proximate result of these Defendants failure to perform their

statutory obligation to timely report such abuse, Plaintiffs sustained injuries, damages and losses as more fully set forth in paragraphs 63, 79, and 89 of this Complaint. Sixth Claim for Relief By All Plaintiffs Failure to Perform a Background Check by a Public Entity under C.R.S. 13-80-103.9 Against Defendants Superintendent King, Principal Ramsey, Assistant Principal/Athletic Director Lowe, and Mark Schmidt

123. herein. 124.

Plaintiffs hereby incorporate all preceding paragraphs as though fully alleged

The above named Defendants did not perform an education employment required

background check of Defendant Masse before offering him a position of employment at Broomfield High and/or the Boulder Valley School District, as required by C.R.S. 22-2-119 and/or C.R.S. 22-32-109.7. 125. Defendants failure to perform the required background check was the result of

the reckless disregard of the Boulder Valley School District and/or these Defendants for their obligations to conduct the background check as provided by law. 23

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126.

Defendant Masse, at the time of hiring, had a criminal record that included one or

more convictions for the offenses listed in C.R.S. 18-3-402 and/or C.R.S. 18-6-401, and/or Defendant Masse had been dismissed or resigned from a school district under the circumstances described in C.R.S. 22-32-109.7(1)(b); and 127. Defendant Masse committed one or more of the offenses against a child listed in

C.R.S. 13-80-103.9(3)(c), including, but not limited to, sexual assault against a child, sexual offense against a child, and child abuse. 128. As a direct and proximate result of these Defendants failure to perform their

statutory obligation to timely report such abuse, Plaintiffs sustained injuries, damages and losses as more fully set forth in paragraphs 63, 79, and 89 of this Complaint. WHEREFORE, Plaintiffs pray for judgment against the Defendants in an amount which will fully and fairly compensate them for injuries, damages and losses. Plaintiffs also request judgment for pre- and post-judgment interest, for costs, attorney fees, expert witness expenses and for such other and further relief as the Court deems proper.

PLAINTIFFS REQUEST THAT THIS CASE BE TRIED TO A JURY OF SIX (6).

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Dated this 11th day of August, 2011.

Respectfully submitted,

s/Michael OB. Keating Michael OB. Keating, Reg. No. 33002 Deirdre E. Ostrowski, Reg. No. 39132 Fogel, Keating, Wagner, Polidori and Free, P.C. 1290 Broadway, Suite 600 Denver, CO 80203 Telephone: (303) 534-0401 FAX: (303) 534-8333 E-mail: mobkeating@fkwlaw.com deostroswki@fkwlaw.com Attorneys for Plaintiffs Plaintiffs addresses: SEALED

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