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INTRODUCTION 1. This is an action for equitable relief and damages against Defendant

under the Colorado common law, which prohibits an employer from discharging an employee in violation of an employment contract. THE PARTIES 2. Plaintiff Jane B. Godwin (Ms. Godwin) is a resident of Wyoming and

a citizen of the United States. 3. Defendant Providence Christian School (PCS) is a private school,

classified as a 501(c)(3) nonprofit organization, located in Fort Collins, Colorado. JURISDICTION AND VENUE


This Court has jurisdiction over this matter pursuant to 28 U.S.C.

1332(a), as the parties are diverse and the amount for relief is greater than $75,000. 5. Pursuant to 28 U.S.C. 1391(a), venue is proper with this Court as

Defendant PCS is located and the events occurred within the jurisdiction of the Court. STATEMENT OF FACTS 6. Ms. Godwin had worked for PCS as a full-time teacher since August

2001 until October 16, 2009 on a year to year contract. 7. Ms. Godwin had received excellent evaluations and good student

comments, and she also had supported students as a newspaper advisor since 2003. 8. On July 31, 2009, PCS renewed an employment contract with Ms.

Godwin for one year with a gross salary of $75,000 including her two daughters free tuition in amount of $18,000. 9. The contract included a clause requiring Ms. Godwin to agree with the

Christian Statement of Faith issued by the Board of PCS. 10. The contract also included an alternative dispute resolution clause, which

mandated both parties to resolve any disputes arising out of the contract by biblically based mediation. 11. The contract was signed on July 31, 2009 by Ms. Godwin, Mr. Ben

Boxer, the president of the school board, and Ms. Charity Lovelace, the head of

school. 12. In September 2009, PCS unilaterally modified its Christian Statement of

Faith by adopting a new clause regarding homosexuals. The contract included a unilateral modification provisions such that I also agree to abide by any additions, changes, or deletions made to school policies at the sole discretion of the School Board without prior notice during this contract year. 13. The newly adopted clause in the Christian Statement of Faith stated that

we believe that the unique roles of the male and female are clearly defined in Scripture, that marriage is between one man and one woman, and that the homosexual lifestyle is condemned. 14. Ms. Godwin disagreed with this clause as to homosexuals but never

shared her feelings with her students or friends. 15. On October 12, 2009, Ms. Godwin gave her brother a ride to a gay

marriage rally and waited for him until the end of the rally. 16. In the rally, someone took her pictures while she was holding a sign and

hugging a famous lesbian activist. 17. On October 13, 2009, those pictures were posted and tagged on

Facebook by someone. 18. The incident was reported to some students parents, who reported it to

the Board of PCS. 19. On October 16, 2009, Ms. Godwin received a termination notice of

employment contract from the Board of PCS, which stated she demonstrated

values inconsistent with the Christian character of the school. 20. On October 19, 2009, Ms. Godwin requested a meeting with the Board

of PCS. 21. On October 23, 2009, Ms. Godwin explained to the Board that she didn't

attend the rally, but merely held the sign as a joke and hugged her close family friend, who was a lesbian activist. But the Board did not accept her explanation. 22. After the meeting, Ms. Godwin met the president of the Board, Mr. Ben

Boxer, one of the signees of Ms. Godwins contract. 23. In the meeting, Mr. Boxer told Ms. Godwin that she was fired due to

falling enrollment, mentioning that he was happy to keep his sister to work for PCS, who was just hired by PCS last year. During the conversation, Mr. Boxer also offended Ms. Godwin by calling her a fag hag and her two daughters brats. 24. After being fired, Ms. Godwin received a bill for her two daughters fall

tuition in amount of $9,000 from PCS. 25. Ms. Godwin removed and sent her two daughters to a public school. But

they are struggling to adjust to a new environment. CLAIM FOR RELIEF (Breach of Contract) 26. Plaintiff hereby incorporates and realleges the facts and allegations set

forth in the preceding paragraphs. 27. Defendant breached the contract by wrongfully discharging Plaintiff

without providing clear and convincing reasons as to its decision. 28. Defendant breached the contract by unilaterally discontinuing providing

Plaintiff with salaries and benefits such as free tuition for her daughters. 29. As a result of the Defendants breach of contract, Plaintiff has suffered

loss of income and benefits as well as other damages. JURY DEMAND Plaintiff demands a trial by jury on all issues raised in this Complaint. PRAYER FOR RELIEF 30. Plaintiff is entitled to invalidate the ADR clause in the contract due to the

Defendants breach of contract. 31. Plaintiff is entitled to relief as well as other incurring damages as

follows: 1. Issue an order requiring Defendant to reinstate Plaintiff to her teaching position. 2. Award Plaintiff the sum of all wages including back pay, future pay and all employment benefits including her daughters free tuition which she would have received but for the Defendants breach of contract. 4. Award reasonable attorneys fees and costs for brining this action. 5. Award any reasonable fees or costs logically related to the cause of action. Dated; March 2, 2010. Respectfully submitted,

Name Attorney for Plaintiff