A federal judge denied a request to end a Title IX lawsuit against Kalispell Public Schools — stemming from sexual assault allegations involving the Glacier High School wrestling team in 2022 — ruling there is enough disagreement about key facts that the case should go to trial. 

Parent Kirk Nance and his son, Clifford, a former Glacier High School wrestler, are suing Kalispell Public Schools for allegedly retaliating against them for reporting allegations of sexual assault and hazing on the wrestling team during the 2021-22 school year. 

In an order filed April 28 in U.S. District Court in Missoula, U.S. Magistrate Judge John Johnston denied the district’s request for summary judgment, which is a request to have a judge toss a case without a trial. The ruling means the court sees enough evidence on both sides that a jury should decide the outcome. 

The court found that material factual disputes remain regarding the basics of Kirk Nances’ retaliation claim. He alleges that he shared sexual assault and hazing allegations with the Kalispell Police Department and school officials and faced retaliatory actions by the district, including being barred from attending wrestling practices and from being on school property. Clifford Nance reportedly received reduced coaching and pushback on a request to transfer to another high school wrestling team, which was originally denied by former Glacier Activities Director and Assistant Principal Mark Dennehy.  

IN ITS request for summary judgment, Kalispell Public Schools argued that the Nances do not have enough evidence to prove the district retaliated against them. The district maintains it acted in the interest of student and staff safety. 

The court order cites an email from the school district’s Title IX coordinator, Sara Cole, that states assistant Glacier wrestling coach Garrett Melton’s behavior after the reports of alleged sexual misconduct “could have been perceived as retaliatory,” and suggested he should no longer be an assistant coach. The district responded that the email does not name the Nances, does not admit Melton was retaliating against them and was written after Kirk Nance says the retaliation had started, according to court documents. 

The judge also highlighted the timing between Kirk Nance’s reporting and the school district’s actions. The order says Kirk Nance reported the allegations to police and school officials on Jan. 9, 2023, and that the district took several actions in the days that followed — facts the plaintiffs argue support their claim that the response was tied to their reporting. 

The order says Kirk Nance was protected by Title IX when he reported alleged sexual misconduct to police and alerted school officials. Title IX is a federal law that prohibits schools receiving federal funds from sex-based discrimination and is meant to protect people who report incidents or concerns from retaliation. 

The district argued that even if Kirk was outspoken about the allegations, staff did not know about his role in reporting it before the district restricted his access to school property. The judge disagreed based on the police report and emails to school officials. 

In the order, the judge also noted that a jury could view several alleged actions as the kind of negative response that might discourage someone from speaking up — such as banning Kirk Nance from practices and school property, and the treatment Clifford Nance says he experienced with the team. 

AVERY FIELD, an attorney with Bliven Law Firm representing the Nances, said he was pleased with the ruling. 

“It is consistent with our understanding of the evidence and facts that have been produced in discovery. And we’re proud of Kirk Nance and Clifford Nance for prioritizing student safety — even in the face of adverse action from the school district and we’re looking forward to our trial date,” Avery said during an interview Wednesday. 

Kalispell Public Schools Superintendent Matt Jensen called the ruling “disappointing” and said the district looks forward to having a jury resolve the case in an emailed response to the Inter Lake. 

“While the dismissed motion is disappointing, procedural decisions of this nature are not uncommon in cases like this. This specific matter centers on a parent’s interactions with other families’ kids and district employees,” Jensen wrote.   

Jensen later added, "We have a responsibility to address these types of adult behaviors and promote a safe and orderly environment for students and staff. Individuals who disrupt school operations or inappropriately insert themselves in matters concerning other families’ kids should expect reasonable restrictions on their access to school property.” 

Bliven Law Firm is also handling a separate lawsuit filed by another former Glacier student wrestler Dec.16, 2025, in Yellowstone County District, accusing the school district and two former employees of negligence. Avery said the firm is awaiting the school district's response to that litigation. 

Helena lawyer John Doubek of Doubek, Pyfer & Storrar is handling yet another lawsuit filed in U.S. District Court in Missoula in 2023, by the parent of a Glacier High School wrestler, also alleging negligence in training staff and supervising students during team travel, according to the Daily Montanan. 

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.