1/20/2023 5:38 PM

Velva L. Price
D-1-GN-23-000368 District Clerk
Travis County
CAUSE NO. ______________________ D-1-GN-23-000368
Ruben Tamez

WALDEN HAGELMAN, ANDIE §

HADDAD, and DANA HAVLIN, § IN THE DISTRICT COURT
§
Plaintiffs, §
§
v. § TRAVIS COUNTY, TEXAS
§
DIANE ELIZABETH “BETSY” § 53RD, DISTRICT COURT
CORNWELL, individually. §
Defendant. § _____ JUDICIAL DISTRICT

PLAINTIFFS’ ORIGINAL PETITION

Plaintiffs Walden Hagelman, Andie Haddad, and Dana Havlin file this their Original

Petition against Defendant Diane Elizabeth “Betsy” Cornwell, individually, and allege the

following in support thereof:

I. INTRODUCTION

1. This suit involves sexual offenses committed by a trusted educator against minor students

in her care. Plaintiffs are all alumni of James Bowie High School who were involved in the

Starlight Theatre Company under the direction of Defendant Cornwell. Rather than create an

environment where young theatre students could flourish, Defendant abused her power over the

Plaintiffs for her own perverse ends. Specifically, Defendant forced the minor Plaintiffs to engage

in “intimacy sessions” that were nothing more than choreographed sexual assaults. Plaintiffs now

file the present suit seeking civil redress for the crimes committed against them.

II. PARTIES

2. Plaintiff Walden Hagelman is a resident of Texas and may be served through the

undersigned counsel of record.

PLAINTIFFS’ ORIGINAL PETITION

PAGE 1 OF 12
3. Plaintiff Andie Haddad is a resident of Texas and may be served through the undersigned

counsel of record.

4. Plaintiff Dana Havlin is a resident of Texas and may be served through the undersigned

counsel of record.

5. Defendant Diane Elizabeth “Betsy” Cornwell (“Defendant” or “Cornwell”) is a resident of

Texas and may be served at 8400 Seminary Ridge Drive Austin, Texas 78745.

III. DISCOVERY

6. Plaintiffs intend to conduct discovery under Level Two (2) pursuant to Rule 190.3 of the

Texas Rules of Civil Procedure.

IV. JURISDICTION

7. Plaintiffs seek damages and relief under the common law and statutory laws of the State of

Texas, and the amount in controversy is within the subject matter and monetary jurisdiction of the

District Court of Travis County, Texas.

8. Pursuant to Texas Rule of Civil Procedure 47, Plaintiffs seeks monetary relief over

$1,000,000.

V. VENUE

9. Venue is proper in Travis County, Texas, pursuant to Texas Civil Practice and Remedies

Code § 15.002 because the facts from which this suit arises occurred in Travis County, Texas.

VI. CONDITIONS PRECEDENT

10. Plaintiffs would show that all conditions precedent have been performed or have been

waived.

PLAINTIFFS’ ORIGINAL PETITION

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 VII. FACTS

Facts Common to all Plaintiffs

11. Plaintiffs are all former students of James Bowie High School (“Bowie High School”) who

were involved in the Starlight Theatre Company (“STC”). The STC was led by Defendant

Cornwell (“Cornwell”) in her capacity as both a teacher and Director of the STC.

12. As members of the STC, Plaintiffs often spent 12 hours a day at school, with most of that

time in theatre. The STC needed to be a safe space for them as their second home. It was not. It

was a sexually abusive environment led by Defendant using her power over vulnerable students in

ways that caused Plaintiffs lifelong harm.

13. Each of the Plaintiffs recall that Cornwell’s approval was deeply important and of constant

concern to STC students. It was also hard to come by, with Cornwell issuing and withholding her

approval and hurtful criticism to manipulate STC students. They knew that if they did not do

exactly what she told them to do, Cornwell would retaliate against them in a multitude of ways,

including refusing to cast them in roles, blacklisting them from leadership positions, and targeting

them for increased abuse in front of their peers.

14. Each of the Plaintiffs remember “romance” or “intimacy” rehearsals. During intimacy

rehearsals, Cornwell called students into a special session in the evening and directed them to

“have sex,” meaning they had to practice whatever sexual conduct Cornwell desired for their roles.

Cornwell would force the minor students to engage in open-mouth kissing, groping, and simulated

sexual intercourse in order to “convince her” that they sexually desired each other.

15. Each of the Plaintiffs remember Cornwell touching male students in a way that made them

uncomfortable. Cornwell would task herself with using stage make-up to paint abs on the boys in

PLAINTIFFS’ ORIGINAL PETITION

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the STC, tickling them as she did so. Cornwell would inappropriately touch students at other times

as well, including making them sit on her lap and stroking them and pinching them.

Facts Concerning Plaintiff Hagelman

16. Walden Hagelman was a student at Bowie High School from 2010-2014 and participated

in the STC for all of her high school years.

17. Ms. Hagelman was cast as a Vietnamese sex worker in the STC’s production of Miss

Saigon. Ms. Hagelman was forced to give lap dances and imitate sexual acts on her male peers

while on stage. Upon information and belief, this stage performance was so graphically sexual that

complaints were made to Bowie High School and to the AISD Superintendent.

18. In or around the spring of 2013, Ms. Hagelman was cast in the UIL One-Act play Front, a

prestigious and competitive production. A few weeks into rehearsal, Ms. Hagelman and the male

student playing her spouse were called into a “romance” rehearsal, alone with Cornwell. Ms.

Hagelman was 17 years old at the time.

19. The rehearsal took place in the evening, with the theater locked and the hallway lights

purposefully turned off. Cornwell directed Ms. Hagelman and her male counterpart to step onto

the stage. All the lights in the theater were turned off except for the spotlights downstage, which

were trained on Ms. Hagelman and the male student. Cornwell sat in the front row and made it

clear that the rehearsal had been called to address the scene where Ms. Hagelman and her scene

partner were to kiss. Cornwell had previously critiqued the kiss for appearing “juvenile.”

20. Ms. Hagelman felt good with the scene after running through it a few times, thinking she

should be done with the rehearsal. Cornwell, however, continued to be visibly frustrated and angry

with Ms. Hagelman and her scene partner, until she eventually stopped the scene altogether.

Cornwell told Ms. Hagelman and her partner that they looked “like children” and that they should

PLAINTIFFS’ ORIGINAL PETITION

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“look like grown adults who were married and in love.” Cornwell instructed Ms. Hagelman’s scene

partner to stand behind her and put his arms around her waist. Ms. Hagelman began to feel anxious

at this point, but she continued to run the scene to appease Cornwell. Cornwell had manipulated

the students in the STC so that they knew they had to do exactly what she asked in order to avoid

Cornwell retaliating against them. Cornwell’s approval was everything to Ms. Hagelman.

21. Eventually, Cornwell erupted angrily and told Ms. Hagelman and her scene partner to stop

running lines and to kiss. She began to coach Ms. Hagelman’s scene partner on how to kiss Ms.

Hagelman and hold her body. Cornwell told him to press her closer, to push his hips into her back,

to run his hands up and down her torso. Ms. Hagelman did not consent to any of this. Cornwell

wanted Ms. Hagelman’s scene partner (a teenage boy) to look like he “sexually desired” Ms.

Hagelman (a teenage girl). This “coaching” went on for a long time. Cornwell eventually stood up

and yelled that she “didn’t believe [Ms. Hagelman and her scene partner],” telling Ms. Hagelman’s

scene partner to “prove it!” in reference to his sexual desire for Ms. Hagelman.

22. At Cornwell’s urging, Ms. Hagelman’s scene partner then put a hand under her shirt,

grabbed her breast, and put his other hand down under the waistband of her jeans, all while

squeezing her tightly to him. His hands then grabbed her—with one hand groping her breasts under

her shirt, with his fingertips under her bra—and his other hand touching her under her pants and

underwear without her consent. Ms. Hagelman stopped breathing and her body went rigid.

23. Ms. Hagelman’s scene partner froze when he heard her sharp breath and felt her body lock

up. He stepped back from her. Ms. Hagelman and her scene partner both stood there, stunned,

looking at their teacher. Cornwell beamed and clapped, telling Ms. Hagelman and her scene partner

that she finally believed that her scene partner “sexually desired” Ms. Hagelman and that they had

done a good job. Ms. Hagelman believed that Cornwell was aroused by watching the performance.

PLAINTIFFS’ ORIGINAL PETITION

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24. After this encounter, Cornwell dismissed Ms. Hagelman’s scene partner with the keys to

the theater and told Ms. Hagelman to come off the stage and speak with her. When Ms. Hagelman

did so, Cornwell pulled Ms. Hagelman into her lap, smiling. With a hand on Ms. Hagelman’s upper

inner-thigh, Cornwell proceeded to rub Ms. Hagelman’s back, telling her that she had “made [her]

proud” and that Ms. Hagelman had proven that Cornwell’s trust in her had not been misplaced.

25. When Ms. Hagelman was dismissed, she was very distressed. Shortly after leaving the

romance rehearsal, she ran into her scene partner again. Ms. Hagelman was leaning over a couch

in the office area when he came behind her, leaned into her, and put both his hands on the couch

next to her sides such that she could not move. Ms. Hagelman felt his erect penis through their

clothing. “What if I just took you right here,” he told her. Ms. Hagelman told him to stop and he

pulled away. Ms. Hagelman remembers he looked very embarrassed.

26. Defendant’s conduct as described above caused Ms. Hagelman extreme anxiety, anguish,

distress, and humiliation.

Facts Concerning Plaintiff Havlin

27. Dana Havlin was a student at Bowie High School from 2011-2015, and she participated in

the STC from 2011-2014.

28. Ms. Havlin was cast as a Vietnamese sex worker in the STC’s production of Miss Saigon.

Ms. Havlin was forced to give lap dances and imitate sexual acts on her male peers on stage. She

was encouraged by Cornwell to get a spray tan, dye her hair black, and paint on winged eyeliner

in order to “look the part” of a Vietnamese character. Upon information and belief, this stage

performance was so graphically sexual that complaints were made to Bowie High School and to

the AISD Superintendent.

PLAINTIFFS’ ORIGINAL PETITION

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29. Ms. Havlin was a junior (age 16) when she was cast in the leading role of a show. It was

an honor to be cast in a leading role, and an especially significant privilege as a junior. Ms. Havlin

was cast across from a senior male who was playing her character’s romantic interest. A few weeks

into rehearsals Ms. Havlin saw their “romance rehearsal” on the schedule. These rehearsals were

infamous and regular occurrences that Ms. Havlin had heard of often. She was terrified. Ms. Havlin

was 16 years old at the time of the rehearsal.

30. Ms. Havlin entered the choir practice room the day of the rehearsal. Ms. Havlin remembers

being alone with Cornwell, her male scene partner—and to a reasonably certain degree—she

remembers her understudy being there as well, watching them. Cornwell instructed Ms. Havlin

and her scene partner to recite lines back and forth to warm up.

31. Ms. Havlin and her male scene partner began by sitting next to each other on a bench,

reciting their lines. Cornwell then instructed Ms. Havlin and her male scene partner to kiss. Ms.

Havlin had never kissed anyone before and she was very uncomfortable.

32. Cornwell then instructed the students to come off the bench and kneel facing each other,

telling them to kiss every few words or so while reciting their lines. Cornwell told them that this

was not enough, and that they should just kiss more passionately. They then began to kiss with

open mouths using their tongues. This was still not enough for Cornwell.

33. Cornwell instructed Ms. Havlin and her scene partner to lie down together, stop saying

their lines, and to just kiss each other. She then instructed them to roll around on the floor together.

Ms. Havlin’s scene partner began running his hands down her sides.

34. Cornwell eventually stopped the students to correct Ms. Havlin, telling her that “the man’s

legs go between the woman’s.” Cornwell instructed Ms. Havlin to open her legs and let her scene

partner put his body in between her legs. Cornwell instructed them to pretend to be having sex.

PLAINTIFFS’ ORIGINAL PETITION

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Ms. Havlin was mortified and in pain from rolling around on the floor with her scene partner, but

she complied with Cornwell’s demands and spread her legs wider. The simulated sex demanded

by Defendant included over the clothes touching of Ms. Havlin’s genitals. Ms. Havlin believed

that Cornwell was aroused by watching the performance.

35. This experience with Cornwell, coupled with Cornwell’s manipulation and verbal and

emotional abuse, caused Ms. Havlin to be hospitalized for suicidal ideation less than a year later.

Facts Concerning Plaintiff Haddad

36. Andie Haddad (“Ms. Haddad”) was a student at Bowie High School from 2009-2013 and

she participated in the STC for all of her high school years.

37. Ms. Haddad was cast as Abigail in the STC production of The Crucible in or around 2012.

38. Cornwell scheduled a special rehearsal for The Crucible, which immediately made Ms.

Haddad and her castmates fearful of what was to come. Ms. Haddad was 17 years old at the time

of this rehearsal.

39. Cornwell instructed Ms. Haddad and her castmates to start on the stage of the performance

theater. The lights were turned off. Cornwell told the cast of students to stand in a circle. She then

instructed Ms. Haddad to get in the middle of the circle with the boy who was playing John Proctor,

her love interest in the play. Cornwell instructed Ms. Haddad and her male scene partner to act out

the scene from The Crucible implying that John Proctor and Abigail have an affair. Cornwell

instructed Ms. Haddad and her male scene partner to be intimate with each other, lie on the floor

and kiss, and pretend to have sex, all with their fellow castmates watching. Cornwell instructed

Ms. Haddad and her scene partner, John Proctor, to have sex – to have an affair. This made Ms.

Haddad extremely uncomfortable, but Cornwell insisted, instructing Ms. Haddad to “go have an

affair with John Proctor.”

PLAINTIFFS’ ORIGINAL PETITION

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40. Ms. Haddad and her scene partner stepped into the middle of the circle of students and

began kissing. This was not enough for Cornwell, who instructed Ms. Haddad and her scene

partner to lay down on the floor. Ms. Haddad and her scene partner complied, laying down on the

floor and continuing to kiss. Cornwell continued to yell “more, more, more!” at Ms. Haddad and

her scene partner, urging them to increase their level of passion until the two teenagers were rolling

around on the floor together, touching each other and making out, including kissing with tongue

and groping. This “groping” included the male scene partner fondling Ms. Haddad’s breasts with

his hands over her clothing, in full view of their castmates.

41. Meanwhile, Cornwell had instructed the circle of students surrounding Ms. Haddad and

her scene partner to jeer and insult them as they carried out Cornwell’s directive to “have sex.”

Later during that same rehearsal, in the black box theater that Cornwell had moved the students

into, Cornwell berated Ms. Haddad, calling her a “slut,” telling her she was dirty, and saying the

only way people would love her is if she used her body. These comments were extremely

traumatizing to the young Ms. Haddad.

42. Defendant’s conduct as described above caused Ms. Haddad extreme anxiety, anguish,

distress, and humiliation.

VIII. CAUSES OF ACTION

COUNT ONE: INDECENCY WITH A CHILD—PLAINTIFF HAVLIN

43. Plaintiff Havlin repeats and re-alleges the allegations contained in the paragraphs above,

as if fully set forth herein.

44. Defendant caused, with the intent to arouse or gratify the sexual desire of herself or others,

Plaintiff Havlin to engage in sexual contact by causing another person to touch Plaintiff Havlin’s

genitals in violation of Texas Penal Code sec. 21.11(a)(1).

PLAINTIFFS’ ORIGINAL PETITION

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45. Plaintiff Havlin suffered damages as a result of Defendant’s conduct.

COUNT TWO: SEXUAL PERFORMANCE OF A CHILD—PLAINTIFF HAGELMAN

46. Plaintiff Hagelman repeats and re-alleges the allegations contained in the paragraphs

above, as if fully set forth herein.

47. Defendant, knowing the character and content thereof, authorized and/or induced Plaintiff

Hagelman to engage in sexual conduct and/or a sexual performance in violation of Texas Penal

Code sec. 43.25.

48. Plaintiff Hagelman suffered damages as a result of Defendant’s conduct.

COUNT THREE: SEXUAL PERFORMANCE OF A CHILD—PLAINTIFF HADDAD

49. Plaintiff Haddad repeats and re-alleges the allegations contained in the paragraphs above,

as if fully set forth herein.

50. Defendant, knowing the character and content thereof, authorized and/or induced Plaintiff

Haddad to engage in sexual conduct and/or a sexual performance in violation of Texas Penal Code

sec. 43.25.

51. Plaintiff Haddad suffered damages as a result of Defendant’s conduct.

COUNT FOUR: SEXUAL PERFORMANCE OF A CHILD—PLAINTIFF HAVLIN

52. Plaintiff Havlin repeats and re-alleges the allegations contained in the paragraphs above,

as if fully set forth herein.

53. Defendant, knowing the character and content thereof, authorized and/or induced Plaintiff

Havlin to engage in sexual conduct and/or a sexual performance in violation of Texas Penal Code

sec. 43.25.

54. Plaintiff Havlin suffered damages as a result of Defendant’s conduct.

PLAINTIFFS’ ORIGINAL PETITION

PAGE 10 OF 12
 IX. NOTICE OF INTENT TO USE PRODUCED DOCUMENTS

55. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs give notice to all

parties in this matter that Plaintiffs intend to use any and all documents produced by any and/or all

parties in discovery, attached to depositions as exhibits, or produced for inspection at deposition

in this case at any pre-trial proceeding and/or at trial.

X. DAMAGES

56. As a direct and proximate result of the acts of Defendant, Plaintiffs have suffered damages

for which Plaintiffs seek recovery from Defendant.

57. Plaintiffs seek compensatory damages including the following:

a. Reasonable medical care and expenses in the past;

b. Past physical pain and suffering;

c. Past mental anguish and suffering;

d. Past lost wages;

e. Future medical expenses;

f. Future physical pain and suffering;

g. Future mental anguish and suffering; and

h. Future lost wages.

58. Plaintiffs are also entitled to and seek exemplary damages.

59. Plaintiffs seek monetary relief over $1,000,000.00.

60. Plaintiffs are also entitled to pre-judgment and post-judgment interest at the highest rates

allowed by law.

PLAINTIFFS’ ORIGINAL PETITION

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 XI. JURY TRIAL REQUESTED

Plaintiffs herein request a jury trial and tender the jury fee to the Travis County District

Clerk’s office, pursuant to Rule 216 of the Texas Rules of Civil Procedure.

XII. REQUESTED RELIEF

Plaintiffs request that:

1. Judgment be granted in Plaintiffs’ favor on all claims;

2. Plaintiffs be awarded compensatory and exemplary damages;

3. Plaintiffs be awarded costs of court and such other and further relief to which they may be

justly entitled.

Dated: January 20, 2023 Respectfully submitted,

/s/ Jay D. Ellwanger_____
Jay D. Ellwanger
Texas State Bar No. 24036522
jellwanger@equalrights.law
Madison Chilton
Texas State Bar No. 24132727
mchilton@equalrights.law
Ellwanger Law LLLP
8310-1 N. Capital of Texas Hwy, Ste. 190
Austin, Texas 78731
Telephone: (737) 808-2260
Facsimile: (737) 808-2238
COUNSEL FOR PLAINTIFF

PLAINTIFFS’ ORIGINAL PETITION

PAGE 12 OF 12
 CIVIL CASE INFORMATION SHEET
CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________

STYLED ___Walden Hagelman, Andie Haddad, and Dana Havlin v. Diane Elizabeth “Betsy” Cornwell
________________________________________________________________
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)

A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing. This sheet, approved by the Texas Judicial Council, is intended to collect information that will be used for statistical purposes only. It neither replaces
nor supplements the filings or service of pleading or other documents as required by law or rule. The sheet does not constitute a discovery request, response, or
supplementation, and it is not admissible at trial.
1. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is:
X Attorney for Plaintiff/Petitioner
Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner
Title IV-D Agency
Jay D. Ellwanger jellwanger@equalrights.law Walden Hagelman, Andie Haddad, and
_____________________________ ____________________________ _________________________________ Other: _________________________

Address: Telephone: Dana Havlin

8310-1 N. Capital of Texas Hwy, Ste. 190
_____________________________
City/State/Zip:
Austin, TX 787312
_____________________________
Signature:
/s/ Jay D. Ellwanger
_____________________________
_________________________________
Additional Parties in Child Support Case:
737-808-2260
____________________________
Defendant(s)/Respondent(s): Custodial Parent:
Fax: _________________________________
Diane Elizabeth “Betsy” Cornwell
_________________________________
737-808-2262
____________________________ Non-Custodial Parent:
_________________________________ _________________________________
State Bar No:
_________________________________ Presumed Father:
24036522
____________________________ _________________________________
[Attach additional page as necessary to list all parties]

2. Indicate case type, or identify the most important issue in the case (select only 1):
Civil
Contract Injury or Damage
Debt/Contract Assault/Battery
Consumer/DTPA Construction
Debt/Contract Defamation
Fraud/Misrepresentation Malpractice
Other Debt/Contract: Accounting
____________________ Legal
Foreclosure Medical
Home Equity—Expedited Other Professional
Other Foreclosure Liability:
Franchise _______________
Insurance Motor Vehicle Accident
Landlord/Tenant Premises
Non-Competition Product Liability
Partnership Asbestos/Silica
Other Contract: Other Product Liability
______________________ List Product:
_________________
x Other Injury or Damage:
Sexual Offenses
_________________
Employment
Discrimination Administrative Appeal
Retaliation Antitrust/Unfair
Termination Competition
Workers’ Compensation Code Violations
Other Employment: Foreign Judgment
______________________ Intellectual Property
Family Law
Post-judgment Actions
Real Property Marriage Relationship (non-Title IV-D)
Eminent Domain/ Annulment Enforcement
Condemnation Declare Marriage Void Modification—Custody
Partition Divorce Modification—Other
Quiet Title With Children Title IV-D
Trespass to Try Title No Children Enforcement/Modification
Other Property: Paternity
____________________ Reciprocals (UIFSA)
Support Order
Related to Criminal
Matters Other Family Law Parent-Child Relationship
Expunction Enforce Foreign Adoption/Adoption with
Judgment Nisi Judgment Termination
Non-Disclosure Habeas Corpus Child Protection
Seizure/Forfeiture Name Change Child Support
Writ of Habeas Corpus— Protective Order Custody or Visitation
Pre-indictment Removal of Disabilities Gestational Parenting
Other: _______________ of Minority Grandparent Access
Other: Parentage/Paternity
__________________ Termination of Parental
Other Civil Rights
Other Parent-Child:
Lawyer Discipline _____________________
Perpetuate Testimony
Securities/Stock
Tortious Interference
Other: _______________

Tax Probate & Mental Health

Tax Appraisal Probate/Wills/Intestate Administration Guardianship—Adult
Tax Delinquency Dependent Administration Guardianship—Minor
Other Tax Independent Administration Mental Health
Other Estate Proceedings Other: ____________________

3. Indicate procedure or remedy, if applicable (may select more than 1):

Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy
Arbitration-related Garnishment Protective Order
Attachment Interpleader Receiver
Bill of Review License Sequestration
Certiorari Mandamus Temporary Restraining Order/Injunction
Class Action Post-judgment Turnover
 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Joel Wright on behalf of Jay Ellwanger

Bar No. 24036522
jwright@equalrights.law
Envelope ID: 72009406
Status as of 1/23/2023 3:06 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Ellwanger Law docketing@equalrights.law 1/20/2023 5:38:57 PM SENT

Jay Ellwanger jellwanger@equalrights.law 1/20/2023 5:38:57 PM SENT