Talawanda Complaint
Talawanda Complaint
Talawanda Complaint
INTRODUCTION
Dustin L. and Kristine L., on their behalf and on behalf of their minor daughter, M.L.,1
hereby bring this civil action arising out of teacher-on-student sexual misconduct committed by
former Talawanda Middle School teacher, Paul Stiver. Plaintiffs allege that Defendant Talawanda
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Contemporaneously with this filing, Plaintiffs have filed a Motion Seeking Leave to Proceed By
Their Initials.
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Board of Education (“Defendant Board”), as well as its current and/or former officials Michael
Malone, Stephanie Aerni, Ed Theroux, Patrick Meade, Rebecca Howard, Chad Otto, Kathleen
Knight-Abowitz, and David Bothast (hereinafter “Individual Defendants”) who acted individually
and/or collectively with malice through their recklessness, willfulness, wantonness, and deliberate
indifference regarding the known risk of sexual harassment and abuse that Stiver posed to minor
students at Talawanda Middle School, such that Stiver was able to commit a sexual assault against
deliberate indifference to the hostile environment they created for M.L. For this travesty of justice,
PARTIES
1. Plaintiff M.L., a minor, resides in Butler County, Ohio, with her parents.
2. Dustin L. and Kristine L., spouses, reside in Butler County, Ohio, as parents to their
4. At all times relevant herein, Defendant Michael Malone, an Ohio resident, was the
5. At all times relevant herein, Defendant Stephanie Aerni, an Ohio resident, was the
6. At all relevant times herein, Defendant Ed Theroux, an Ohio resident, was the
7. At all times relevant herein, Defendant Patrick Meade, an Ohio resident, was the
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8. At all times relevant herein, Defendant Rebecca Howard, an Ohio resident, was the
9. At all times relevant herein, Defendant Chad Otto, an Ohio resident, was a Member
of the Board.
10. At all times relevant herein, Defendant Kathleen Knight-Abowitz, an Ohio resident,
11. At all times relevant herein, Defendant David Bothast, an Ohio resident, was a
12. Pursuant to Fed. R. Civ. P. 4(k)(1), this Court has personal jurisdiction over
Defendant Board which is an Ohio entity domesticated in Butler County, Ohio, transacts business
in Butler County, Ohio, and has caused injury in Butler County, Ohio.
13. Pursuant to Fed. R. Civ. P. 4(k)(1), this Court has personal jurisdiction over
Individual Defendants who are Ohio residents, who work in Butler County, Ohio, and caused
14. The Court has subject matter jurisdiction over Plaintiff’s federal law claims
pursuant to 28 U.S.C. § 1331, which arise under Title IX of the Education Amendments of 1972,
15. The court has subject matter jurisdiction over Plaintiffs’ state law claims pursuant
to 28 U.S.C. § 1367 because the state law claims are so related to the federal claims that they form
16. The Court is a proper venue pursuant to 28 U.S.C. § 1391, as Defendants conducted
activity in Butler County, Ohio, that gave rise to the legal claims in this Complaint.
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FACTUAL ALLEGATIONS
17. On Wednesday, December 1, 2021, Plaintiff M.L., then aged 12, was sexually
18. Stiver was M.L.’s seventh grade Business Fundamentals teacher for a class that
19. As part of Stiver’s fifth period class, on December 1, 2021, students were playing
a computer-based game.
20. Near the end of the class period, Stiver approached M.L.’s desk and placed his hand
on the minor’s shoulder and upper back. He then proceeded to slide his hand down the front of her
22. As a result of Stiver’s sexual assault of M.L., she and J.S. were “on edge” for the
23. J.S. urged M.L. to report the incident to the school administration.
24. Around the same time, M.L. texted her older sister, A.L.: “Umm . . . Mr. Stiver just
touch [sic] my shoulder and slide [sic] his hand down to my chest . . . .”
25. In this same message, M.L. expressed fear of reporting the incident.
26. A.L. told their parents about the incident, and Dustin L. immediately texted M.L.
and told her to report the incident to Defendant Malone, who was the principal.
27. Dustin L. and Kristine L. then rushed to the school to meet their daughter.
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28. After the encouragement of her father, sister, and J.S., M.L. reported the sexual
29. M.L. was “visibly upset, crying” while explaining to Ms. Otto that Stiver
30. Ms. Otto sent M.L. to the office to notify the administration of the sexual assault.
31. M.L. then reported the sexual assault to Defendants Malone, Stephanie Aerni, and
Dennis Malone, then-Director of Human Resources, while her parents were present.
32. School Resource Officer Pete Durkin also received this sexual assault report and
helped Plaintiffs file a criminal complaint against Stiver with the Oxford Police Department.
34. As early as Friday December 3, 2021, Detective Sikora told Dustin L. and Kristine
35. By Monday December 6, 2021, local news stations began reporting about the
36. Each news story and social media post was inundated with comments from
Talawanda residents claiming that this was not “new news” because it was common misbehavior
for Stiver.
37. On or around Tuesday, December 14, 2021, Defendant Board assigned Stephanie
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Plaintiffs recognize that Lisa Otto and Defendant Chad Otto have the same last name. For ease
of reference, Defendant Chad Otto will be referred to as “Defendant Otto” or “Otto”, while Lisa
Otto will be hereinafter referred to as “Ms. Otto.”
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38. Jones and Merz interviewed M.L., J.S., Stiver, Defendants Malone and Aerni, Ms.
Otto, A.L., two of M.L.’s classmates (T.S. and I.C.), and Talawanda Middle School Counselor
39. During their interviews, Defendants Malone and Aerni revealed that there had been
recent prior allegations of harassment made against Stiver by two female students, M.C. and L.S.
40. On October 1, 2021, M.C.’s parent had called Defendant Aerni to complain that
41. M.C. also reported to Defendants Malone and Aerni that Stiver would make
42. Stiver also sexually harassed M.C. by engaging in unwanted physical contact of
43. Defendants Malone and Aerni also interviewed L.S., who described sexual
harassment from Stiver, including touching her shoulders and physically getting too close to her.
44. L.S. also stated that Stiver would make inappropriate jokes and comments about
45. Despite these sexual harassment allegations, Defendants Malone and Aerni did not
46. Upon information and belief, these sexual harassment allegations were not
47. During the Title IX investigation into M.L.’s complaint, M.C. described how Stiver
would “put his hands on her shoulders and she would ‘get a pit in the bottom of her stomach.’”
48. Also, during the Title IX investigation, L.S. described an instance in which Stiver
put his hands on her shoulders and then slid his hands down the minor’s chest to the top of her bra.
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49. Additionally, on October 12, 2021, three male students, K.K., C.M., and A.S.,
50. The students stated that after returning from the bathroom, Stiver would ask:
51. K.K. also alleged that Stiver asked them if they were “playing with each other.”
52. Despite these sexual harassment allegations, Defendants Malone and Aerni did not
53. Upon information and belief, these sexual harassment allegations were not
54. Defendant Malone admitted to the Title IX investigators that, despite the numerous
complaints made by minor students about Stiver’s inappropriate behavior and comments, no
officials at Talawanda Middle School or Defendant Board more generally had added these
55. During the Title IX investigation into M.L.’s complaint, more sexual harassment
56. On April 18, 2022, the Title IX investigators amended M.L.’s complaint against
Stiver to include similar complaints from two other female students, M.M. and G.M., on the basis
57. M.M’s complaint alleged that Stiver sexually harassed her during the 2016-2017
58. At the time of this incident, Stiver was M.M.’s track coach.
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59. During track practice, Stiver pulled M.M. to the side and tightly gripped her by the
back of her neck. He then told the minor not to wear low cut tops or bend over in front of any
60. M.M. and her parents reported this behavior to the Talawanda School District’s
61. As such, Defendant Board had notice of this sexual harassment allegation, as did
62. Upon information and belief, Defendants Board and Theroux, along with the Mr.
63. M.M. quit the track team shortly after this sexual harassment by Stiver because she
64. On August 18, 2014, G.M alleged that Stiver sexually assaulted her.
65. G.M. alleged that Stiver, during class, began to massage her neck.
66. During the Title IX investigation, G.M. said that Stiver touching students’ necks
during class was common practice that she had witnessed him engage in before.
67. She stated that, later in the same class period as the neck massage, Stiver stood
behind her correcting her classwork while also squeezing her shoulders.
68. Stiver then slid his hands down the front of the minor’s chest to grope her breast.
69. Defendants had actual notice of Stiver’s sexual predation since 2014 and failed to
70. On or around June 21, 2022, Stiver resigned from his teaching position at
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71. Defendant Board notified Dustin L. and Kristine L. to Stiver’s resignation by email
and said it would likely accept his resignation during the July 7, 2022, Board meeting.
72. Defendant Board, comprised of the following members, Defendants Pat Meade,
Rebecca Howard, Chad Otto, Kathleen Knight-Abowitz, and David Bothast, allowed Stiver to
73. When questioned about Defendant Board allowing Stiver to resign, Defendant
Meade, the President of the Board, responded that it would “help[] us put this behind us.”
74. Defendant Board’s decision robbed Plaintiffs of any potential justice against Stiver
through the Title IX process, as he has never been sanctioned for his years of sexual misconduct
75. Defendant Board subjected M.L. (and the other victims) to gross public humiliation
76. On January 6, 2022, M.L.’s basketball teammates, G.M. and M.W., started
77. M.L. reported this harassment to her basketball coaches, Kamila Owens and
DeAndre Williams, who failed to effectively intervene and thus the hostile environment continued.
78. On Friday January 7, 2022, some Talawanda Middle School students organized a
“black out” where they wore all black to show their support for M.L.
79. However, one student, J.C., dressed in all white and chanted “free Stiver” in front
of M.L. to harass and humiliate her in front of her peers at the school.
80. Later that same day, after basketball practice, a fellow student, D.W., chanted “free
Stiver” as he passed M.L. in the hall to harass and humiliate her in front of her peers at the school.
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81. Upon information and belief, Defendant Board failed to discipline these students or
82. On January 9, 2022, M.L.’s basketball teammates were again spreading rumors
regarding M.L.’s complaint against Stiver. Although M.L. walked away from the conversation,
one of her teammates, L.H., made fun of M.L. for crying, stating that she cries about everything
83. M.L. had to leave basketball practice early and decided to quit the team because of
84. The January 9, 2022, M.L.’s parents reported the harassment to Owens and
Williams, who did not intervene, investigate, or discipline the students involved.
85. On February 16, 2022, two male students, J.C. and T.R., confronted M.L. at lunch
and said “free Stiver, he didn’t do it” to harass and humiliate her in front of her peers at the school.
86. J.C. and T.R. continued to taunt M.L. without any adult intervention until an
87. Even after a teacher separated the three students after the altercation, J.C. and T.R.
continued to taunt M.L. without any efforts taken by Defendant Board to end this peer harassment
88. Upon information and belief, Defendant Board never disciplined the two male
students.
89. After this incident, M.L. revealed to Defendant Aerni that she was also receiving
prank calls where callers were sexually harassing her by saying things like: “I hope he touches
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90. Upon information and belief, these calls were from yet-to-be-identified Talawanda
91. Upon information and belief, Defendant Board failed to investigate this harassment
to see if they could identify any callers and potentially discipline them.
92. Upon information and belief, Defendants failed to report the harassment to the
appropriate authorities.
93. On May 5, 2022, T.R. again decided to taunt M.L. by re-enacting Stiver’s sexual
assault of M.L. on one of her friends, Z.Z., such that M.L. witnessed the same.
94. Dustin L. and Kristine L. reported this misconduct to Defendants Malone and
Aerni.
95. However, upon information and belief, Defendant Board never disciplined T.R. nor
96. On May 19, 2022, a student, A.G., sent a snapchat with the text “#[M.L.] needs to
97. By May 23, 2022, M.L. discovered that A.G. had a snapchat group where he sent
videos and pictures about M.L. to further harass and humiliate her to her peers.
99. Defendant Aerni contacted Dustin L. to tell him that the school would suspend M.L.
despite her being the victim of such peer harassment if she did not stay home the remaining few
100. M.L. did not attend school for the last few days of the academic year as requested.
101. Upon information and belief, Defendant Board did not investigate A.G.’s
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102. Defendant Board also did not take any other action to deter such ongoing peer
harassment of M.L.
103. On October 3, 2022, a student, H.H., made a comment about Stiver in front of M.L.:
“Stop touching me; this isn’t Stiver’s class” to harass and humiliate her in front of her peers at the
school.
104. Gary Robertson, the classroom teacher, overheard the comment and told M.L. that
105. Upon information and belief, Defendant Board did not investigate H.H.’s
harassment and misconduct, nor did it discipline him or deter such ongoing harassment.
106. Upon information and belief, Defendant Board did not investigate Mr. Robertson’s
107. Due to the sexual assault and subsequent harassment M.L. suffered an extremely
108. Since December 1, 2021, M.L. has experienced frequent bouts of sleeplessness,
lack of pleasure in her normal activities, suicidal ideations, fear, anxiety, depression, anger,
109. Starting in April 2022, Dustin L. and Kristine L. decided that M.L. needed to be
110. As a result, M.L. has suffered academic and social delays, and become further
isolated.
111. Dustin L. and Kristine L. are also suffering financial and emotional burdens
because of M.L.’s requiring homeschooling and the required medical intervention for her.
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114. M.L. has been unable to cope with the sexual assault, resulting sexual harassment
from her peers, threats of retaliation by Defendant Board, and the lack of any meaningful action
115. At one point, M.L. told her parents she no longer wanted to be alive, indicating
suicidal risk.
116. Dustin L. and Kristine L. promptly took M.L. to Cincinnati Children’s Hospital for
evaluation and the minor’s suicidal ideations and mental state were confirmed by the treatment
providers.
117. M.L. was thereafter enrolled in intensive outpatient therapy at great cost and
118. On November 14, 2022, M.L. once again began self-harming and expressed further
suicidal ideations.
119. M.L.’s family have suffered the loss of companionship, support, and services of
120. Dustin L. and Kristine L. have also suffered a loss of consortium in their marriage.
121. M.L.’s family fears for M.L.’s life due to her deteriorating mental health.
and her family, their “trauma is real” and there will be “lifelong consequences.”
123. Upon information and belief, since December, 2021, Defendants have tampered
with, destroyed, and/or otherwise spoliated evidence germane to the alleged facts giving rise to the
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FIRST CLAIM
125. At all relevant times, Defendant Board was subject to Title IX through the receipt
of federal funding.
126. Defendant Board had oversight and control over Talawanda School District, which
127. From 2014 through 2021, Defendant Board, by and through appropriate officials,
received actual notice that Stiver had sexually harassed and assaulted multiple minor students at
128. Stiver’s sexual harassment and assaults of minor students was severe, pervasive,
129. Defendant Board’s appropriate officials include Defendants Malone, Aerni, and
Theroux.
130. During the Fall 2021 semester, M.L. was enrolled as a student at Talawanda Middle
School.
131. On December 1, 2021, Stiver sexually assaulted M.L. in a classroom during class.
132. Stiver’s sexual harassment and assault of the minor M.L. was severe, pervasive,
133. As a teacher and coach at Talawanda Middle School, Defendant Board had
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134. Defendant Board had control over the context of Stiver’s sexual harassment and
assaults of minor students, including M.L., which occurred during school hours and on school
indifference towards actual notice that Stiver was a sexual predator targeting minor students in its
a. failed to investigate or resolve reports that Stiver had sexually abused minor
c. excluded all the sexual misconduct allegations against Stiver from his personnel
file; and
he sexually assaulted M.L. despite its actual knowledge of the risk of sexual harm
resign after sexually assaulting M.L. to avoid issuing any disciplinary action against him that
would have ensured a measure of justice for his victims and likely prevented his ongoing predation
137. Due to Defendant Board’s deliberate indifference, M.L.’s peers have publicly and
138. Due to Defendant Board’s deliberate indifference, its officials have failed to
address the peer harassment and threatened retaliation against M.L. or prevent it from continuing.
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139. Such peer harassment, intimidation, ridicule, and insult resulted from M.L.
reporting Stiver for sexual assault and Stiver not facing any meaningful consequences.
140. Such peer harassment, intimidation, ridicule, and insults are so severe, pervasive,
and objectively offensive that it constitutes a hostile educational environment at Talawanda Middle
School.
141. M.L. and her parents provided actual notice of this ongoing peer harassment and
hostile environment to Defendant Board, by and through appropriate officials Defendants Malone
and Aerni.
142. Upon information and belief, Defendant Board, by and through appropriate
officials Defendants Malone and Aerni, continued its deliberate indifference towards this hostile
environment such that the peer harassment has continued without consequence.
against M.L. by threatening her with potential disciplinary consequences and informally imposed
the same by requiring her parents to keep her home from school under threat of formal action.
144. The ongoing harassment, intimidation, ridicule, insult, and retaliation at Talawanda
Middle School is so severe, pervasive, and objectively offensive that it has denied M.L.’s equal
145. As a direct and natural consequence of Defendant Board’s actions, inactions, and
overall deliberate indifference to, and violation of, M.L.’s clearly established rights, the minor
suffered and continued to suffer injuries, including, without limitations, emotional distress,
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146. As a direct and proximate result of Defendant Board’s deliberate indifference and
intentional discrimination, by and through its agents and employees, M.L. sustained and continues
to sustain injuries for which she is entitled to be compensated, including but not limited to:
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past, present, and future
f. Such other and further relief that this Court deems just and proper.
SECOND CLAIM
149. At all relevant times, Defendant was acting under the color of state law.
150. M.L. has a well-established substantive right to personal security and bodily
integrity, including the right to be free as a minor student from sexual abuse at the hands of a
151. M.L. also has a well-established right to Equal Protection under the Fourteenth
Amendment, which prohibits Defendant Board from differential treatment of her based on sex.
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152. M.L. also has a well-established right to equal access to education under Title IX
based upon 50 years of case law and guidance from the U.S. Department of Education to federal
153. Defendant Board is liable under 42 U.S.C. § 1983 for violating M.L.’s
constitutional rights under the Fourteenth Amendment and her federal rights under Title IX in the
following ways:
officials who effectively “swept” systemic child sexual abuse “under the rug” by
ignoring such abuse, excluding it from Stiver’s personnel file, keeping him in the
classroom with minors, and discriminating against M.L. as one of the victims;
b. failure to train its officials on how to properly identify child sex abuse, investigate
the same under Title IX, and intervene to prevent such ongoing abuse;
c. failure to supervise Stiver such that he did not have the opportunity to abuse minors
students while a coach and teacher for Talawanda School District; and
154. As a direct and natural consequence of these actions and omissions, and overall
deliberate indifference towards M.L.’s clearly established constitutional and federal rights by
Defendants, M.L. suffered and continues to suffer injuries, including, without limitations,
155. As a direct and proximate result of the deliberate indifference by Defendant Board,
M.L. sustained and continues to sustain injuries for which she is entitled to be compensated,
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a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past, present, and future
f. Such other and further relief that this Court deems just and proper.
THIRD CLAIM
157. At all relevant times, Individual Defendants were each acting under the color of
state law.
158. M.L. has a well-established substantive right to personal security and bodily
integrity, including the right to be free as a minor student from sexual abuse at the hands of a
159. M.L. also has a well-established right to Equal Protection under the Fourteenth
Amendment, which prohibits Defendant Board from differential treatment due to sex.
160. M.L. also has a well-established right to equal access to education under Title IX
based upon 50 years of case law and guidance from the U.S. Department of Education.
161. All Individual Defendants possessed information that Stiver had engaged in sexual
harassment and abuse of minor students, which showed a strong likelihood that he would attempt
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to sexually abuse other students, such as M.L., such that their individual and collective failure
to take adequate precautions amounted to deliberate indifference to the constitutional rights of E.L.
under the Fourteenth amendment and her federal rights under Title IX.
162. Despite notice that Stiver was sexually abusing minor students, Defendant Theroux
responded with deliberate indifference to leave Stiver teaching middle school students, such that
he had the opportunity to commit the sexual assault against M.L. in his classroom during class on
acquiesced to Stiver’s ongoing sexual abuse of students by leaving him in the position of middle
school teacher and coach without investigation or resolution of the abuse reports against him.
163. Despite having knowledge that Stiver was sexually abusing minor students,
Defendants Meade, Howard, Otto, Knight-Abowitz, and Bothast responded with deliberate
indifference to these reports leaving him employed with the Talawanda School District to commit
further sexual harassment and sexually assault M.L. in his classroom during class on December 1,
2021. As such, Defendants Meade, Howard, Otto, Knight-Abowitz, and Bothast participated,
encouraged, authorize, and/or acquiesced to Stiver’s ongoing sexual abuse of students by leaving
him in the position of middle school teacher and coach without investigation or resolution of the
164. Defendants Meade, Howard, Otto, Knight-Abowitz, and Bothast also violated
M.L.’s rights under Title IX and the Equal Protection Clause by allowing Stiver to resign so that
he could avoid any consequence for his sexual abuse of the minor.
165. Despite knowing that M.L. faced ongoing peer harassment for reporting Stiver’s
sexual abuse of the minor, Defendants Malone and Aerni responded with deliberate indifference
to the resulting hostile environment, thus denying her equal access to her education in violation of
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her constitutional rights under the Fourteenth Amendment and Title IX. As such, Defendants
Malone and Aerni participated, encouraged, authorize, and/or acquiesced to the ongoing hostile
166. As a direct and natural consequence of these actions and omissions, and overall
deliberate indifference towards M.L.’s clearly established constitutional and federal rights by
Defendants, M.L. suffered and continues to suffer injuries, including, without limitations,
167. As a direct and proximate result of the deliberate indifference by the Individual
Defendants, M.L. sustained and continues to sustain injuries for which she is entitled to be
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past, present, and future
g. Such other and further relief that this Court deems just and proper.
FOURTH CLAIM
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169. Defendants engaged in conduct that caused serious emotional distress to Plaintiffs
by permitting assault and battery; by hiring, retaining, and failing to supervise Stiver; by failing to
investigate and report Stiver’s abuse; by failing to provide a safe environment for students; by
failing to protect students; and by permitting child abuse and child endangerment.
170. At all times relevant herein, Defendants knew or should have known that their
171. The conduct of Defendants was “so extreme and outrageous as to go ‘beyond all
possible bounds of decency.’” Spitulski v. Bd. Of Educ. Of the Toledo City Sch. Dist., 2018-Ohio-
172. As a result of the actions and inactions of Individual Defendants, made with
reckless disregard for the resulting harm on M.L., she suffered a preventable sexual assault as well
as ongoing peer harassment so severe it drove her to consider suicide and resulted in her denied
173. As a direct and natural consequence of their actions, inactions, and overall
deliberate indifference, Individuals Defendants inflicted emotional distress upon M.L., which she
suffered and continues to suffer injuries, including, without limitations, emotional distress,
174. As a direct and proximate result of actions, inactions, and overall deliberate
indifference of Individual Defendants, M.L. sustained and continues to sustain injuries for which
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
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b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
e. Such other and further relief that this Court deems just and proper.
FIFTH CLAIM
176. At all times relevant herein, Defendant Board was negligent in its hiring, retention,
177. Defendants acted with malice when they knew or should have known that their
recklessness, wantonness, and/or willful indifference in hiring, supervising, and retaining of the
aforementioned rendered their employees and agents unfit and incompetent. Defendant Board
knew or should have known of their employees’ conduct. But for Defendants’ reticence to
investigate reports and accounts, Defendant Board would have known about the unlawful acts and
and/or willful hiring, retention and supervision of Stivers by Defendant Board, M.L. suffered a
preventable sexual assault, which resulted in harm that she suffered, and continues to suffer to
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result in injuries, including, without limitations, emotional distress, psychological trauma, and
mortification.
179. As a direct and proximate result of the negligence, reckless wanton, and/or willful
hiring, retention and supervision of Stiver by Defendant Board, M.L. sustained and continues to
sustain injuries for which she is entitled to be compensated, including but not limited to:
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
e. Such other and further relief that this Court deems just and proper.
SIXTH CLAIM
181. Defendant Board had a duty to supervise, monitor, report, and investigate cases of
child abuse pursuant to state law, statute, and its own policies.
182. Defendant Board had a duty to protect, keep safe, and prevent students from
suffering harm while under their care pursuant to state law, statute, and its own policies.
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183. Defendants had a duty to provide a safe environment for the students under its care
184. At all relevant times herein, Defendant Board, their employees and agents, acted
with malice in breaching their duties to Plaintiffs by failing to provide and/or implement
supervision, monitoring, reporting and investigation procedures, and a safe school environment.
185. As a direct and natural consequence of Defendant Board’s willful, wanton, reckless,
and/or negligent failure to protect its students, M.L. suffered a preventable sexual assault, which
resulted in harm that she suffered, and continues to suffer to result in injuries, including, without
186. As a direct and proximate result of Defendant Board’s willful, wanton, reckless,
and/or negligent failure to protect its students, M.L. sustained and continues to sustain injuries for
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
e. Such other and further relief that this Court deems just and proper.
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SEVENTH CLAIM
188. At all relevant times M.L. was under the age of eighteen.
189. At all relevant times, Defendants were the custodians of M.L. while she was
attending school.
190. The Individual Defendants had a duty to abide by O.R.C. § 2903.15 to protect M.L.
192. Prior to this assault, Defendants did have actual knowledge that Stiver had sexually
193. Defendants failed to investigate these allegations and prevent Stiver from
194. As a result of these actions and failures, the Individual Defendants acted with
malice when they recklessly, willfully, and/or wantonly breached their duty to protect M.L.
195. These breaches by Individual Defendants constituted bad faith under the
circumstances, and they directly and proximately caused great injury and damage to M.L.
196. As a direct and natural consequence of the willful, deliberate, conscious and bad
faith decisions by Individual Defendants, M.L. suffered and continues to suffer injuries, including,
197. As a direct and proximate result of the breaches of the duty of care Individual
Defendants owed to M.L., she sustained and continues to sustain injuries for which she is entitled
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a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; and as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
e. Such other and further relief that this Court deems just and proper.
EIGHTH CLAIM
199. At all relevant times, agents and employees of Defendant Board, including all
Individual Defendants, were mandatory reporters under a legal duty to report child abuse.
200. Defendants had received complaints regarding Paul Stiver’s sexual harassment of
201. Despite this actual knowledge, the Individual Defendants acted with malice in
reckless, and/or negligent conduct, M.L. sustained and continues to sustain injuries for which she
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a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
post-judgment interest;
f. Such other and further relief that this Court deems just and proper.
NINTH CLAIM
204. Defendants each acted with malice towards Plaintiffs through their conscious
disregard for their safety that had a great probability of causing substantial harm.
205. Through their conduct and/or omissions, Defendants, their employees and agents,
intentionally deviated from a clear duty and/or from a definite rule of conduct with knowledge and
206. Through their conduct and/or omissions, Defendants, their employees and agents,
failed to exercise any care towards Plaintiffs, to whom a duty was owed under the circumstances,
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207. Through their conduct and/or omissions, Defendants, their employees and agents,
acted with a conscious disregard and indifference to the known and/or obvious risk of resulting
harm.
208. As a direct and proximate result of Individual Defendants’ wanton and reckless
conduct, M.L. sustained and continues to sustain injuries for which she is entitled to be
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
post-judgment interest;
f. Such other and further relief that this Court deems just and proper.
TENTH CLAIM
210. Plaintiffs Dustin L. and Kristine L. are a legally and validly married couple.
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213. As a result of the tortious injury Plaintiffs Dustin L. and Kristine L. suffered loss
214. As a result of the tortious injury Plaintiffs Dustin L. and Kristine L. suffered loss
215. The loss of consortium was a direct and proximate result of the actions and
ELEVENTH CLAIM
217. At all times relevant herein, the Individual Defendants were employed by and/or
218. At all times relevant herein, the Individual Defendants acted within their respective
219. Individual Defendants’ willful, wanton, reckless, and/or negligent conduct directly
220. Defendant Board is liable for the tortious acts of their employees, staff, and agents
221. As a direct and natural consequence of Defendant Board’s willful, wanton, and/or
reckless failure to protect its students, M.L. suffered a preventable sexual assault, which resulted
in harm that she suffered, and continues to suffer to result in injuries, including, without
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222. As a direct and proximate result of Defendant Board’s willful, wanton, and/or
reckless failure to protect its students, M.L. sustained and continues to sustain injuries for which
a. Past, present, and future physical and psychological pain, suffering, and
impairment;
b. Medical bills, counseling, and other costs and expenses for past and future medical
d. Past, present, and future economic losses, including lost wages; and as well as
exemplary damages, attorney fees, case expenses, court costs, pre-judgment and
e. Such other and further relief that this Court deems just and proper.
TWELFTH CLAIM
223. Defendants, their relevant representatives and agents, were aware of pending
224. Based upon information and belief, Defendants are willfully, knowingly, and in bad
faith destroying evidence involving M.L., Stiver, and the allegations in this Complaint despite
being aware of pending litigation and in direct contravention of the preservation letter received
by Defendants’ representatives.
Plaintiffs’ case.
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226. Defendants’ willful and egregious actions warrant a preliminary injunction from
the court protecting the remaining evidence and the future presumption of prejudicial spoliation.
See Elliott-Thomas v. Smith, 154 Ohio St. 3d 11, 2018-Ohio-1783 (holding that intentional
spoliation is an independent tort in Ohio); Am. States Ins. Co. v. Tokai-Seiki (H.K.), Ltd., 94 Ohio
Misc.2d 174, 704 N.E.2d 1280 (C.P. 1997) (holding that “intent of the offending party, the level
of prejudice, and the reasonableness of the offending party’s action must all be balanced in
fashioning a remedy” for intentional spoliation. That remedy should “place both parties on a level
playing field.”).
WHEREFORE, Plaintiffs M.L., Dustin L., and Kristine L., individually and on behalf of
M.L., demand judgment against Defendants Board, Malone, Aerni, Theroux, Meade, Howard,
Otto, Knight-Abowitz, and Bothast for all damages and losses that they are entitled to recover,
including but not limited to all economic and noneconomic damages, plus exemplary damages,
attorney fees and costs, case expenses, court costs, pre-judgment, and post-judgment interest as
well as any and all equitable and just relief including punitive damages, this Court deems
appropriate.
JURY DEMAND
Plaintiffs hereby demand a trial by jury on all matters so triable. On this the 27th day of
April, 2023.
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Respectfully submitted,
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