Lawsuit alleges Kalispell Public Schools retaliated against parent and wrestling team member for reporting sexual assault
HILARY MATHESON | Hagadone News Network | UPDATED 6 hours, 10 minutes AGO
A former Glacier High School wrestling parent and his son are suing Kalispell Public Schools for allegedly retaliating against them for reporting sexual assault involving the team during the 2021-22 school year.
Plaintiffs Kirk Nance and his son filed the Title IX lawsuit in federal court in Missoula on Jan. 7. They accuse the district of causing past and future expenses for medical and psychological care, fear, anxiety and trauma as well as a loss of educational opportunities, enjoyment of life and earning capacity. The pair say in the complaint that district employees retaliated against them after Nance learned of the alleged assaults and turned to the Kalispell Police Department.
The lawsuit names the school system, Athletic Director Mark Dennehy and wrestling coach Ross Dankers, among other district employees and volunteers, as defendants. Bliven Law Firm is representing Nance and his son in the case.
The complaint alleges that district employees were motivated to retaliate against them to “prevent them from learning more about the ‘pattern’ and culture of sexual assaults and sexual harassment that existed within the Glacier High School Wrestling Team,” in addition to protecting themselves from negative publicity, their jobs and the alleged perpetrators of the assaults so they could remain eligible to compete.
The complaint alleges school district staff and wrestling team volunteers made “false reports” to Missoula Police Department officers, which resulted in a misdemeanor disorderly conduct charge for Nance; that coaches barred Nance from watching his son’s wrestling practices and competitions; and impeded his son’s opportunities to participate on the team while “decreasing the amount and quality of coaching” he received.
Nance’s son was a homeschooled student who had been competing on the Glacier team since 2021.
“The district was recently served with Mr. Nance’s lawsuit, and will respond appropriately,” Elizabeth Kaleva of Kaleva Law Office wrote in an emailed response to the Daily Inter Lake. Kaleva represents Kalispell Public Schools.
“Neither Mr. Nance nor his son were involved in the hazing incident that took place several years ago, but Mr. Nance chose to insert himself into the situation for reasons unknown to the district. His allegations are demonstrably unfounded, and the district looks forward to specifically responding to the complaint in court.”
THE LAWSUIT alleges that on Jan. 10, 2023, Nance tried to attend his son’s first wrestling practice after reporting the sexual assault allegations on behalf of the minors involved. Dennehy and assistant wrestling coach Garrett Melton reportedly told him practices were closed to parents and escorted him out of the practice area. No other parents were told practices were closed, according to the complaint.
The complaint contends that prior to reporting the incident, no school district employee told Nance he wasn’t allowed to attend practices, nor did Glacier have a policy barring parents from attending wrestling practices.
On Jan. 11, 2023, the team had a competition at the high school. While attending, Nance was talking to one of his son’s teammates, a student who was allegedly assaulted, when Dennehy approached him, reportedly telling him to “quit interrogating the kids,” the complaint states.
On Jan. 13, 2023, Dennehy and wrestling coach Ross Dankers reportedly refused to let Nance’s son travel on the team bus headed to Missoula for a competition, despite Nance allegedly making prior arrangements with Glacier Principal Brad Holloway for his son to ride the bus and stay in a hotel room to provide support to a wrestler who allegedly had been assaulted. While driving his son to Missoula, Nance received a text from Dennehy stating that if his son did not attend afternoon practice in Kalispell, he wouldn’t be competing with the team that weekend, according to the complaint. They allegedly turned back.
When Nance and his son arrived at Stone Creek Lodge, where the team was staying in Missoula, Dankers was allegedly overheard by Nance saying, “He’s here,” on his cellphone as they walked through the lobby. When Nance and his son reached their hotel room, they stopped to talk to one of his son’s friends when Dankers approached them, reportedly telling Nance to, “stop interrogating the kids.”
When he and his son headed back to the lobby to meet a parent in the parking lot, Melton and Dankers told Nance the police were being called, according to the complaint. When officers arrived, Dankers and Melton allegedly gave statements “they knew were untrue” to have him “thrown out of the hotel,” by police, according to the lawsuit.
According to the Missoula County Police Department case report of the incident, Nance allegedly attempted to “start a fight” with the wrestling coaches over the investigations in Kalispell. Officers cited him for disorderly conduct, first offense, and released him. He was removed from the property at the request of hotel staff. Nance contested the citation, opting to go through the court system where he initially pleaded not guilty on Jan. 17, 2023.
IN ADDITION to reporting the sexual assault allegations to school staff and to the Kalispell Police Department, Nance filed Title IX complaints on behalf of his son with the U.S. Department of Education Office for Civil Rights. The Office for Civil Rights opened investigations into two retaliation and two sexual violence complaints April 11, 2023, which are still pending.
A person may submit a Title IX complaint to the Office for Civil Rights when they believe an issue hasn’t been resolved through an institution's grievance procedure. Opening an investigation does not imply a determination has been made on the merits of the complaint, according to the Office for Civil Rights. The Office for Civil Rights acts as a “neutral fact-finder,” to collect evidence and resolve complaints.
The Office for Civil Rights enforces federal anti-discrimination laws in schools, colleges and other institutions, like libraries, that receive federal funding. Title IX is a federal civil rights law prohibiting discrimination on the basis of sex in education programs and activities. This includes sexual harassment and sexual violence, which the agency considers a form of sexual harassment.
Kalispell Public Schools completed an internal investigation into the hazing and sexual assault allegations in 2023. Subsequent disciplinary hearings were held by the school board resulting in at least three student suspensions from extracurricular activities. Students were given the opportunity to be eligible to resume extracurriculars upon completion of programming at the Center for Restorative Youth Justice in Kalispell.
The Kalispell Police Department launched a separate criminal investigation into the allegations, later turning it over to the Billings Police Department where the alleged incidents occurred. Officials there said the investigation is finished and a report was presented to the Yellowstone County Attorney’s Office.
This is not the first time Glacier High School administrators, including Dennehy, have dealt with hazing and sexual assault allegations. In 2011-12, a highly publicized incident on a freshman football bus resulted in multiple suspensions with several of the students facing assault charges in Flathead Youth Court and at least one of the victims moving to another part of the state.
Reporter Hilary Matheson may be reached at 758-4431 or hmatheson@dailyinterlake.com.
ARTICLES BY HILARY MATHESON
Lawsuit alleges Kalispell Public Schools retaliated against parent and wrestling team member for reporting sexual assault
A lawsuit filed in federal court alleges that Kalispell Public Schools retaliated against a former Glacier High School wrestling parent and team member for reporting sexual assault involving students on the team during the 2021-22 school year.
Woods Bay’s Joe Martinez blazes his trail in blues and country
Doors are opening for 20-year-old Joe Martinez’ burgeoning singing career. The blues and country singer and songwriter from Woods Bay is the first winner of the inaugural Montana’s Got Talent competition held in October, performing an original song, “Lead the Way,” a piece he wrote in the weeks leading up to the show.
Flathead High speech and debate victorious in Butte after intense competition
It was a fight to the finish in Butte this weekend with Flathead High School speech and debate team having the last word. Flathead prevailed by a difference of 6.5 points.