The Kalispell Public Schools Board of Trustees voted Friday to appeal a federal jury’s unanimous verdict finding that the district retaliated against Kirk and Clifford Nance after they reported alleged sexual assault, harassment and hazing in the Glacier High School wrestling program. 

Trustees met virtually for the 10 a.m. special board meeting and went into executive session to discuss litigation strategy, citing the statutory exception to Montana's open meeting requirements. The agenda did not specify which case would be discussed or that trustees would consider an appeal.   

After returning to open session at 12:32 p.m., according to board Chair Jinnifer Mariman, trustees considered a motion by member Jack Fallon and seconded by Tom Hollo. 

"I move that the board approve the district's legal counsel to file and pursue an appeal in the Nance matter consistent with the direction provided by the board in executive session," Fallon said. 

"Because this is an executive session matter, there will be no discussion and we'll proceed to a roll call vote," Mariman said. 

Trustees voted 9-1 to file the appeal, with Jennifer Sevier opposed and Ursula Wilde abstaining. The district is represented by Kaleva Law Firm. 

Avery Field, the Bliven Law Firm attorney representing the Nances, said he learned about the district's decision to appeal through the board meeting and hasn't yet received any official notice from the district or its attorneys. 

ON JUNE 18, a federal jury found that Kalispell Public Schools retaliated against the father and son for activity protected under Title IX and were subjected to adverse actions as a result. The jury awarded the Nances $1 in nominal damages.   

The verdict came nearly 18 months after the Nances filed the lawsuit alleging retaliation after they reported the sexual assault and hazing within the wrestling team during the 2021-22 school year.   

Field noted the school district's previous attempt to have the case dismissed through a request for summary judgment was denied by a federal judge in an order filed April 28 in U.S. District Court in Missoula. The judge wrote that the disputed facts warranted a jury trial. 

Field said the Nances had offered to settle the case before trial for $1 in nominal damages and an admission of retaliation but didn't receive a response from the district lawyers. 

"... We assure the district that we will continue to stand up for the student victims and those who had the courage to report what was happening behind closed doors," Field wrote in an email. 

In July, Superintendent Matt Jensen said the district had not decided whether to appeal the verdict or if it was appropriate or advisable. He said that the district respected the judicial process and appreciated the jury's service. 

"After careful consideration, the district has decided to appeal the Nance case to the Ninth Circuit Court of Appeals. While the damages awarded were nominal, they also triggered a request for substantial attorney's fees," Jensen wrote in an email. 

"In this particular situation, we continue to believe our staff acted reasonably and appropriately while carrying out their responsibility to protect students and manage access to our schools," Jensen said. 

Field took a different view. 

"Despite the district’s best efforts to frame the Glacier High School wrestling cases as being about student and parent conduct, these cases are about the district’s failure to supervise students and deliberate indifference to the 'pattern' of harassment of students, as well as the way the district targeted and retaliated against Kirk and Clifford [Nance] for reporting the harassment. We look forward to continuing to advocate for students and parents by responding to any appeal filed by the district."     

Bliven Law Firm is also representing a former Glacier High School wrestler in a lawsuit filed in January 2025 in Yellowstone County District Court alleging teammates sexually assaulted him in a Billings hotel room in 2022. A pretrial conference has been rescheduled to Sept. 3, according to Field, who expects the trial will be scheduled in 2027. 

Reporter Hilary Matheson can be reached at 406-758-4431 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.