TSC Lawsuit Jake Robinson

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USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 1 of 21

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION JANE DOE, individually and as mother and natural guardian of JANE DOE 2 Plaintiff, vs. TIPPECANOE COUNTY SCHOOL CORPORATION BOARD OF TRUSTEES, TIPPECANOE COUNTY SCHOOL CORPORATION, JOHN BEEKER, and FRED ROOP, Defendants.

) ) ) ) Case No. 4:15-CV-00056 ) ) ) ) ) ) ) )

DEFENDANTS’ ANSWER TO PLAINTIFF’S COMPLAINT

Tippecanoe School Corporation (improperly named as Tippecanoe County School Corporation Board of Trustees and Tippecanoe County School Corporation), John Beeker, and Fred Roop, by counsel, hereby h ereby answer or otherwise respond to the Plaintiff’s Complaint: Parties

1.

Jane Jane Doe Doe 2 was was bo born rn on XX/X XX/XX/ X/199 1998. 8. Sh Shee is, is, an and d was was at al alll rrel eleva evant nt ti time mess

herein, a minor. At all relevant times herein, Jane Doe 2 lived in Lafay Lafayette, ette, Tippecanoe County, Indiana. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 1. 2.

Jane Jane Doe Doe 1 is the the mot mother her an and d nat natur ural al gu guar ardi dian an of Ja Jane ne Doe Doe 2 2.. At al alll rrel elev evan antt ttim imes es

herein, Jane Doe 1 was a resident of Lafayette, Lafayette, Tippecanoe County, Indiana. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 2.

 

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3.

The The defe defend ndan antt Tip Tippec pecan anoe oe Scho School ol Cor Corpo pora rati tion on Boa Board rd of Sch School ool Tr Trus uste tees es is th thee

governing body of the Tippecanoe School Corporation and is charged c harged with the duty of  administering the laws governing the Tippecanoe School Corpor Corporation. ation. Scott Hanback is the Superintendent of the Tippecanoe County School Corporation. ANSWER:

Defendant TSC admits that it is governed by a school board and that its

superintendent is Scott Hanback, but Defendants deny all other allegations of Paragraph 3. 4.

The The defe defend ndan antt Tipp Tippeca ecanoe noe Count County y Scho School ol Cor Corpo pora rati tion on is is a poli politi tica call subdi subdivi visi sion on of  of 

the State of Indiana. Its principal place of business business is in Lafayette, Lafayette, Tippecanoe County, Indiana. ANSWER:

5.

Defendants admit the allegations of Paragraph 4.

The The Tipp Tippec ecan anoe oe Cou Count nty y Sch School ool Corp Corpor orat atio ion n cont contro rols ls an and d oper operat ates es McCut McCutche cheon on

High School, a high school in in Lafay Lafayette, ette, Tippecanoe County, Indiana. Indiana. The Tippecanoe County School Corporation employs the staff and teachers at McCutcheon High School and an d sets policies,  procedures and bylaws for Tippecanoe School Corporation’s staff and students. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 5. 6.

At all all rel relev evan antt tim times es he here rein in,, Tip Tippe peca cano noee Cou Count nty y Sc Schoo hooll Cor Corpor porat atio ion n and and

McCutcheon High School received federal funding for education programs or activities as defined under 20 U.S.C. §1687. ANSWER:

7.

Defendants admit the allegations of Paragraph 6.

Defe Defend ndant ant Jo John hn Beeker Beeker was was at at aall ll re rele leva vant nt ti time mess her herei ein n the the pr prin inci cipa pall o of  f 

McCutcheon High School and an employee of the Tippecanoe County School Corporation and acting under the color of law. At all relevant times herein, John Beeker was re responsible sponsible for  enforcing and providing daily policies at McCutcheon High School as well as the daily

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 3 of 21

governance and operation of McCutcheon High School. ANSWER:

Defendants admit that John Beeker is the principal of McCutcheon High

School, but are without sufficient information to admit or deny the remaining allegations of  Paragraph 7. 8.

Defe Defend ndant ant Fr Fred ed Roop Roop was was at al alll rel relev evant ant ti time mess her herei ein n was was an an Assi Assist stant ant Princi Principal pal

of McCutcheon High School and employee of the Tippecanoe County School Corporation and acting under the color of law. ANSWER:

Defendants admit that Fred Roop was the assistant principal of 

McCutcheon High School (and remains employed with TSC as the principal of Wea Ridge Middle School) but are without sufficient information information to admit or deny the remaining allegations of Paragraph 8. General allegations

9.

At all all rel relev evan antt time timess here herein in,, the the Tippe Tippeca cano noee Count County y Scho School ol Cor Corpo pora rati tion on emp emplo loye yed d

Jakob Robinson as a teacher and coach at McCutcheon High School. Jakob Robinson was known  by the McCutcheon staff, especially among the athletic staff, to seek out and enjoy the personal attention of female students. ANSWER:

Defendants admit that Jakob Robinson was employed as a teacher and coach

at McCutcheon High School but deny all other allegations of Paragraph 9. 10.

Jane Doe 2 atten attended ded McCutc McCutcheon heon High High School School from from Augu August st 2012 2012 tto o May May 2015. 2015.

ANSWER:

11.

Defendants admit the allegations of Paragraph 10.

India Indiana na law law reco recogni gnizes zes that that a studen studentt between between the the age age of 16 and and 18 is not able able to to

consent to a sexual relationship relationship with her teacher. I.C. 35-42-4-7. ANSWER:

Defendants deny the allegations of Paragraph 11.

 

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12.

A teache teacherr-min minor or studen studentt sexual sexual rela relatio tionsh nship ip is ill illega egall and improp improper er beca because use teac teacher herss

have custodial and supervisory control over students; teachers are able to create an artificial social context involving the exercise of their power and authority to manipulate the relationship and control the child’s feelings; teachers have influence over a student because they are put into a position of  trust and mentor; a child’s maturity level does not allow them to psychologically understand the situation and circumstances of a relationship with adult teachers; and the age disparity between teachers and students. ANSWER:

Defendants Defenda nts admit that tha t a teacher-minor student sexual relationship is a criminal

offense on the part of any such teacher, but are without sufficient information to admit or deny the remaining allegations of Paragraph 12. 13.

Tippec Tippecano anoee County County School School Corpor Corporati ation on and and offi officia cials ls at McCut McCutcheo cheon n High High Scho School ol

knew that it was criminal for a teacher to have sex with a minor student. ANSWER:

Defendants Defe ndants are are without sufficient information to admit or deny the allegations

of Paragraph 13. 14.

At all all rele relevant vant times times here herein, in, McCutc McCutcheon heon High High School School staf stafff foste fostered red an atmos atmosphe phere re

where flirtation between teachers and students was permitted and accepted. ANSWER:

15.

Defendants deny the allegations of Paragraph 14.

At all all releva relevant nt time timess herein herein,, McCutc McCutcheon heon High High School School fail failed ed to to ensure ensure that that teach teachers ers

maintained clear and proper boundaries of the teacher-student relationship. relationship. It failed to have appropriate policies in place, did not properly enforce the proper boundaries, did not properly train its employees in connection with maintaining proper boundaries, and did not properly respond to other teachers and staff who failed to practice appropriate boundaries. ANSWER:

Defendants deny the allegations of Paragraph 15.

 

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16.

Offici Officials als at McCu McCutch tcheon eon High High School School all allowe owed d Jakob Jakob Robi Robinso nson n to take take advant advantage age of 

his position as a teacher, coach, and mentor to foster an improper relationship with Jane Doe 2, and then engage her in sexual activity. ANSWER:

17.

Defendants deny the allegations of Paragraph 16.

During During Jane Doe 2’s freshm freshman an year year,, when when she she was 14 year yearss old, old, she she wa wass assig assigned ned to to

Jakob Robinson’s physical education class. During this class, Jakob Robinson threw a ball at Jane Doe 2’s butt during breaks in dodge ball, picked Jane Doe 2 up u p by her waist, and showed Jane Doe 2 frequent inappropriate attention that was observable by other McCutcheon students and staff. staff. Jane Doe 2 was known as Jakob Robinson’s “teacher’s pet.” ANSWER:

Defendants admit that Jane Doe 2 was a student in Robinson’s class during

her freshman year but are without sufficient information to admit or deny the remaining allegations of Paragraph 17. 18.

During During both both semest semesters ers of Jane Jane Doe Doe 2’s 2’s sophom sophomore ore year year,, when when she she was was 15 15 year yearss old, old,

Jakob Robinson was Jane Doe 2 teacher, and during the first semester she was assigned to Jakob Robinson as a student assistant. assistant. During second semester, Jane Doe 2 spent her lunch periods with with Jakob Robinson while visiting with him during a class he was teaching other students. ANSWER:

Defendants are without sufficient sufficient information to admit ad mit or deny the allegations

of Paragraph 18. 19.

Duri During ng soph sophomor omoree year, year, Jakob Jakob Robi Robinso nson n would would regula regularly rly visit visit and and flirt flirt with with Jane Jane Doe Doe

2 in the hallway both before school and several times during the day in between classes usually in the company and observation of teacher/head teacher/head football coach Ken Fr Frauhiger. auhiger. Jakob Robinson wrote  passes for Jane Doe if their visits and flirting were going to make her late for class. Several times while Jane Doe 2 was in class with another teacher, Jakob Robinson brought soft drinks to her under 

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 6 of 21

the observation of McCutcheon High School staff. Jakob Robinson also delivered drinks to Jane Doe 2, at school and during her sport practices and under the observation of McCutcheon High Schooll staff. Schoo staff.

Jakob Robinson regularly hugged Jane Doe 2 at school. school. Towards the end of the the

school year, the hugs became more intense. Students and staff at school verbally verbally questioned Jakob Robinson’s relationship with Jane Doe 2 because they were always together. ANSWER:

20.

Defendants deny the allegations of Paragraph 19.

The viol violati ations ons of of approp appropri riate ate teacher teacher-s -stude tudent nt boundar boundaries ies were were regul regularl arly y witn witness essed ed

 by numerous Tippecanoe County school corporation corporation employees and staff. ANSWER:

21.

Defendants deny the allegations of Paragraph 20.

Jane Doe 2 was was at McCutc McCutcheon heon High High School School for sport sport condit condition ioning ing and practi practices ces on

most days during the summer after her sophomore year. Before or after after these practices Jakob Robinson would regularly visit and flirt with Jane Doe 2; and these visits and flirtation were observed by McCutcheon High School staff. Robinson Robinso n regularly texted with Jane Doe 2, and the texts became more sexually suggestive. ANSWER:

22.

Defendants deny the allegations of Paragraph 21.

During During the first first semes semester ter of Jane Jane Doe 2’s junior junior year, year, when when she she was was 16 year yearss old, old,

Jakob Robinson again had Jane Doe 2 in class and she was also again again his student assistant. Jakob Robinson continued to hug Jane Doe 2 on a regular regular basis. He continued to visit and flirt with with Jane Doe 2, both before school started and in the hallway, hallway, in between classes. Jakob Robinson provided  passes to Jane Doe 2, so she could spend spend her Wednesday activity periods periods visiting with with him. Jakob Robinson regularly ate lunch with Jane Doe 2, the two of them alone in the football office yet regularly observed by the athletic director, Ryan Walden, and the head football coach, Ken Frauhiger. They would take their lunches from the cafeteria cafeteria and carry them out to the football office,

 

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walking together through the McCutcheon McCutche on High School halls and under the observation observation McCutcheon McCutcheon High School staff. ANSWER:

23.

Defendants deny the allegations of Paragraph 22.

During During junior junior year year Jane Jane Doe 2 was was reass reassign igned ed from from being being Jako Jakob b Robins Robinson’ on’ss stude student nt

assistant to a study hall.

Nonetheless, Jakob Robinson wrote a pass for Jane Doe 2 to get get her out

of her assigned study stud y hall at any time time so she could continue continue to come and visit with him.

This

inappropriate get-out-of-class-pass to visit Robinson at any time was known by McCutcheon High School staff. ANSWER:

24.

Defendants deny the allegations of Paragraph 23.

On no no less less than than thre threee occas occasion ions, s, Jane Jane Doe Doe 1 voic voiced ed her her concern concernss to to defen defendan dantt John John

Beeker about Jakob Robinson. These concerns included that Jakob Robinson and Jane Doe 2 were eating lunch alone in the football office and that their relationship appeared to exceed a proper  teacher-student relationship. ANSWER:

25.

Defendants deny the allegations of Paragraph 24.

Defenda Defendant nt John Beeker Beeker dismis dismissed sed Jane Doe 1’s concer concerns. ns.

No offici officials als at

McCutcheon High School ever investigated Jane Doe 1’s concerns. No officials at McCutcheon High School monitored Jakob Robinson’s relationship relationship with Jane Doe 2. No officials at McCutcheon High School did anything to deter Jakob Robinson’s improper teacher-student relationship. ANSWER:

26.

Defendants deny the allegations of Paragraph 25.

Had Had offi offici cial alss inves investig tigate ated d Jakob Jakob Robins Robinson’ on’ss relati relations onship hip with with Jane Jane Doe Doe 2, they they woul would d

have discovered the improper relationship. ANSWER:

Defendants deny the allegations of Paragraph 26.

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 8 of 21

27.

In Oct October ober 2014, 2014, Jakob Jakob Robi Robinso nson n began began havi having ng illi illicit cit sex with with Jane Jane Doe Doe 2 and tel tellin ling g

Jane Doe 2 that no one could find out about it. ANSWER:

Defendants are without sufficient information to admit or deny the allegations allegations

of Paragraph 27. 28.

After After Jakob Jakob Robinso Robinson n start started ed his his illici illicitt sexua sexuall relat relation ionshi ship p with with Jane Jane Doe 2, he he

groped, kissed, heavily petted, and had inappropriate physical contact with her multiple times a week  at McCutcheon High School; sometimes his physical groping occurred during the time that Jane Doe 2 was changing clothes after class with Jakob Robinson. On frequent occasions, Jakob Robinson gave Jane Doe 2 the keys to his car and had Jane Doe 2 leave the McCutcheon High School building  before school was dismissed. Jakob Robinson would then leave leave the building after after school dismissal, dismissal, meet up with Jane Doe 2 in the McCutcheon High School parking lot, and drive Jane Doe 2 to a  place to have illicit sex with her; Jakob Robinson would then return Jane Doe 2 to McCutcheon High School. Jakob Robinson continued to visit and flirt with Jane Doe 2 before school, during passing  periods and during lunch. Students and staff at McCutcheon High School Schoo l continued to verbally question the relationship. ANSWER:

29.

Defendants deny the allegations of Paragraph 28.

In Decemb December er 2014, 2014, a patr patron on of of a local local busines businesss saw saw Jakob Jakob Robinso Robinson n and and Jane Jane Doe

2 and notified school administrators that Jakob Robinson's relationship with the student appeared to exceed a normal student-teacher relationship. relationship. Officials at McCutcheon High School did nothing to investigate this report. Officials at McCutcheon High School did nothing to investigate or monitor  Jakob Robinson’s relationship with Jane Doe 2. Officials at McCutcheon Hi High gh School did nothing to stop the reported improper relationship. ANSWER:

Defendants deny the allegations of Paragraph 29.

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 9 of 21

30.

On Decemb December er 18, 2014, 2014, Jakob Jakob Robinso Robinson n took took Jane Doe 2 from from school school during during the

middle of the school day to have sex with her. Officials at McCutcheon High School observed Jakob Robinson taking Jane Doe 2 off of school property in violation of school policies. The school officials did not stop stop Jakob Robinson. Robinso n. Instead, defendant Beeker phoned Jane Doe and informed informed her that her daughter left school, mid-day, mid-day, with Robinson. John Beeker asked Jane Doe 1 not to call or text her daughter because he was having them followed. Beeker had defendant defendant Fred Roop follow Jakob Robinson’s vehicle. Roop observed Robinson and Jane Doe 2 enter Robinson’s residence. Defendant Roop failed to intervene. Rather, he returned to McCutcheon High School and left Jane Doe 2 with Jakob Robinson’s at his residence where they had sex. Defendant Beeker later phoned Jane Doe 1 and informed her that Robinson and her daughter were watched after they left school but there was nothing about which to be concerned. Jane Doe 1 again expressed her concerns about Robinson’s relationship with her daughter. ANSWER:

Defendants admit that Jane Doe 2 and Robinson were observed leaving the

school on that day but deny all other allegations of Paragraph 30. 31.

Defenda Defendant nt John John Beeker Beeker,, d defe efendan ndantt Fred Fred Roop, Roop, and offici officials als at McCutc McCutcheon heon High High

School failed to report the incident as required by law. They failed at all times to adequately investigate this incident or Jakob Robinson’s relationship relationship with Jane Doe 2. Officials at McCutcheon High School failed to adequately monitor or deter Jakob J akob Robinson’s relationship with Jane Doe 2 at any time. ANSWER:

32.

Defendants deny the allegations of Paragraph 31.

During During Christ Christmas mas break, break, Jakob Jakob Robin Robinson son had ill illici icitt ssex ex with with Jane Jane Doe Doe 2 at his his

 parents’ house and at McCutcheon High School, when Jane Doe 2 was there for sport conditioning and practices.

 

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ANSWER:

Defendants are without sufficient information to admit or deny the allegations

of Paragraph 32. 33.

When When school school resume resumed d in January January,, Jakob Jakob Robi Robinso nson n conti continue nued d tto o have have illi illicit cit sex with with

Jane Doe 2, continued to visit and flirt with Jane Doe at school in the morning and in between classes, and continued to grope, pet, kiss and inappropriately ina ppropriately touch her at McCutcheon High School. ANSWER:

Defendants are without sufficient information to admit ad mit or deny the allegations allegations

of Paragraph 33. 34.

Jakob Jakob Robi Robinso nson n was was arres arrested ted on January January 9, 2015, 2015, afte afterr a person person unrela unrelated ted to the the

school contacted the police about Jakob Robinson’s relationship appearing to exceed a proper  teacher-student relationship. relationship. Jakob Robinson was charged with 5 counts of child seduction and has  pleaded guilty on all counts on June 25, 2015. ANSWER:

Defendants admit that Robinson was arrested arrested and convicted co nvicted of certain crimes,

 but are without sufficient information information to admit or deny the allegations of Paragr Paragraph aph 34. 35.

Offici Officials als at McCutc McCutcheon heon High High School School and Tippeca Tippecanoe noe County County School School Corpor Corporati ation on

 publicly claimed claimed to have no knowledge, or reason to know, of Jakob Robinson’s improper or illicit sexual relationship with Jane Doe 2. ANSWER:

Defendants admit the allegations of Paragraph 35, and did not know or have

reason to know of any such relationship prior to Robinson’s arrest. 36.

After After Jakob Jakob Robin Robinson son was arrest arrested, ed, Jane Doe 2 wa wass os ostra traciz cized ed at at McCut McCutche cheon on High High

School. Schoo l. Students harassed and mocked her, and taunted her about the specific details details of sexual activity, as reported in the newspaper. ANSWER:

Defendants deny the allegations of Paragraph 36.

 

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37.

Jane Doe 2 is a victim victim of child child seduc seductio tion, n, and and sshe he is is psyc psychol hologi ogical cally ly damage damaged d by

Jakob Robinson’s actions and the failure of officials at McCutcheon High School to prevent the illegal and illicit conduct of its employee. ANSWER:

38.

Defendants deny the allegations of Paragraph 37.

Followi Following ng the the arr arrest est of its its teac teacher her and coach, coach, the the o offi fficia cials ls at at McCut McCutcheo cheon n High High

School failed to treat Jane Doe 2 as a victim. They failed failed to protect her from harassment from other  students. They failed to offer offer any appropriate counseling. They failed to ensure that she would not  be further victimized. They failed to express any remorse for being sexually abused by a teacher and coach. ANSWER:

39.

Defendants deny the allegations of Paragraph 38.

Inste Instead, ad, McCut McCutcheo cheon n High High School School staff staff and and admin administ istrat ration ion avoi avoided ded eye eye cont contact act with with

her. Jane Doe 2 was suddenly singled out by McCutcheon High School officials officials for discipline and detentions. McCutcheon High School’s athletic director, McCutcheon High School’s head girls’  basketball coach, and a counselor at McCutcheon High School pulled Jane Doe 2 out of class and tried to persuade her to quit playing basketball. basketball. When she refused to quit, she was benched nearly the rest of the season. ANSWER:

Defendants deny the allegations of Paragraph 39. Negligence

40.

Plaint Plaintiff iff incor incorpor porate atess by refe referen rence ce para paragra graphs phs 1 thro through ugh 39, 39, as if if fully fully stat stated ed herein herein..

ANSWER:

41.

Defendants incorporate by reference their prior responses.

Plaint Plaintiff iff timely timely served served an Indi Indiana ana Tort Tort Clai Claim m Notice Notice on on the respec respectiv tivee defend defendant ants, s, by

certified letter dated March March 19, 2015. This tort claim notice concerned Plaintiff’s negligence claims under Indiana tort law. Plaintiff’s Tort Claim was deemed denied, per IC IC 34-13-3-11, on June 19,

 

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2015. ANSWER:

Defendants are without sufficient information to admit or deny the allegations

of Paragraph 41. 42.

At all all rele relevan vantt times times herein herein,, defen defendant dantss Beeker Beeker,, Roop Roop and and othe otherr admin administ istrat ration ion,,

teachers and staff, were acting within their scope scop e of employment. ANSWER:

Defendants admit the allegations of Paragraph 42 as they pertain to Beeker 

and Roop only, but are without sufficient information to otherwise admit or deny the allegations of  Paragraph 42. 43.

During During the rele relevant vant period periodss herei herein, n, Tippec Tippecano anoee Count County y Schoo Schooll Corpo Corporat ration ion’s ’s ByBy-

Laws and Policies provided that “[s]chool employees shall use ca care re to safeguard the health, safety and welfare of students at all times during the school day and when the students are engaged in special activities sponsored by the school.” ANSWER:

Defendants Defenda nts are without sufficient information to admit or deny the allegations

of Paragraph 43. 44.

The “hea “health lth,, safety safety and welf welfare are of stud student ents” s” refe referen renced ced in in defend defendant ant’s ’s byl bylaws aws and

 policies, includes the protection from the harm resulting from a teacher’s improper and sexual relationship. ANSWER:

Defendants are without sufficient sufficient information to admit or deny the allegations

of Paragraph 44. 45.

McCutc McCutcheo heon n High High School School and Tippec Tippecanoe anoe School School Corpor Corporati ation on had a comm common on law

duty to exercise ordinary and reasonable care for the safety of its students, including the duty to monitor its teachers’ interactions with its students, to protect students’ physical and emotional well being and to properly supervise and train train its employees.

 

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ANSWER:

Defendants admit that TSC owes its students a duty of reasonable care, but

are without sufficient information to admit or deny the remaining allegations of Paragraph 45. 46.

The staff staff and the admini administr strati ation on of McCutch McCutcheon eon High High School School were were on notice notice of an an

improper relationship between Jakob Robinson Rob inson and Jane Doe 2. The staff and the administration of McCutcheon High School were in a position position to prevent and stop the improper relati relationship. onship. The staff and the administration of McCutcheon High School, in the exercise of reasonable care, should have protected Jane Doe 2 from Jakob Robinson and his improper and sexual relationship. The officials at McCutcheon High School were negligent in providing for Jane Doe 2’s safety. ANSWER:

47.

Defendants deny the allegations of Paragraph 46.

At all all rele relevant vant times times here herein, in, Tipp Tippeca ecanoe noe Coun County ty Schoo Schooll Corpor Corporati ation’ on’ss By-L By-Laws aws and

Policies provided that “[s]tudents shall be under the supervision of the school at all times during the school day so long as they remain on the school premises, are involved in school-approved activities, a ctivities, or on the school bus.” ANSWER:

Defendants are are without sufficient information to admit or deny the allegations

of Paragraph 47. 48.

Under Under I.C. I.C. 20-3 20-33-8 3-8-8 -8(a) (a),, McCut McCutcheo cheon n High High Schoo Schooll offic official ialss and and Tippe Tippecan canoe oe Schoo Schooll

Corporation had a statutory duty to properly supervise its students. Officials at McCutcheon High School are negligent per se because they failed to properly supervise Jane Doe 2. ANSWER:

49.

Defendants deny the allegations of Paragraph 48.

Under Under I.C. I.C. 31-3 31-33-5 3-5-1 -1 and and I.C. I.C. 31-3331-33-55-2, 2, McCu McCutch tcheon eon High High Schoo Schooll offic official ialss and and

teachers, defendant John Beeker, and defendant Fred Roop, were required to report instances of  suspicion that a child is a victim of child child seduction. The Tippecanoe County School Corporation is negligent per se because defendant John Beeker, Defendant Fred Roop and an d other teachers and staff 

 

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failed to make the proper reports. ANSWER:

50.

Defendants deny the allegations of Paragraph 49.

Had the offici officials als at McCu McCutch tcheon eon High High School School inve investi stigat gated ed Jakob Jakob Robins Robinson’ on’ss lack lack of  of 

 proper boundaries, or the concerns repeatedly voiced by Jane Doe 1 about her daughter, or the concern voiced by a patron who called into the school, or the rumors about Jakob Robinson, then they would have discovered Jakob Robinson conducting an improper relationship with Jane Doe 2 2,, which he then manipulated into an illicit sexual relationship. ANSWER:

51.

Defendants deny the allegations of Paragraph 50.

As a direct direct and proxima proximate te resu result lt of the the neglige negligence nce and and faul faultt of the defend defendant ants, s, the the

Plaintiff has incurred damages, including but not limited to, mental and psy psychological chological injury, trauma,  psychological treatment, future psychological treatment, emotional damages, emotional distress, harm to her relationship with her mother and father, embarrassment, embarrassment, difficulties with normal peer  relationships, expenses involved in changing schools, and future increased risks of psychological injury and difficulties. ANSWER:

Defendants deny the allegations of Paragraph 51.

WHEREFORE, Defendants request that the Plaintiff take nothing by way of her Complaint and that Defendants be awarded fees, costs, and expenses to the full extent allowed by law. Title IX violations

52.

Plaint Plaintiff iff incorp incorpora orates tes by refe referen rence ce parag paragrap raphs hs 1 thro through ugh 51, aass if full fully y stat stated ed

herein. ANSWER:

53.

Defendants incorporate by reference their prior responses.

Title Title IX IX of the Educati Education on Amend Amendmen ments ts of of 1972 1972 (“Ti (“Title tle IX IX”), ”), 20 U.S.C U.S.C.. §1 §1681( 681(a), a),

 provides that no person in the United States shall, on the basis of sex, be excluded from

 

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 participation in, be denied the benefit of, or be subjected to discrimination under any education  program or activity receiving Federal financial assi assistance. stance. ANSWER:

54.

Defendants admit the allegations of Paragraph 53.

As a citizen citizen of the the Unit United ed State States, s, Jane Jane Doe Doe 2 is is entit entitled led to to prote protecti ction on fro from m sexual sexual

discrimination and from exclusion in the participation in, or benefits of, any education program or activity receiving Federal financial assistance. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 54. 55.

A mino minorr high high school school studen studentt does does not have the legal legal capaci capacity ty to welcom welcomee a

teacher’s improper relationship, sexual advances or physical sexual conduct. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 55. 56.

Tippec Tippecano anoee County County School School Corp Corpora oratio tion’s n’s polici policies es defi defines nes acts acts const constitu itutin ting g sexual sexual

harassment to include (a) sexual propositions, invitations, solicitations, and flirtations; (b) inappropriate touching and patting; and (c) inappropriate boundary invasions by an adult member  of the school corporation into a student’s personal space and personal life. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 56. 57.

Jakob Jakob Robi Robinso nson’s n’s inappr inappropr opria iate te and illici illicitt sexua sexuall rrela elatio tionsh nship, ip, and child child

seduction, was sexual harassment that adversely affected Jane Doe 2’s participation in educational programs and activities and created a hostile educational environment for Jane Doe 2.

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 16 of 21

ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 57. 58.

Defenda Defendant nt John John Beek Beeker er and other other offici officials als at McCutc McCutcheo heon n High High School, School, with with

authority to institute corrective measures, had actual knowledge of Jakob Robinson’s inappropriate conduct and obvious inappropriate relationship, amounting to sexual harassment of  Jane Doe 2. ANSWER:

59.

Defendants deny the allegations of Paragraph 58.

Tippec Tippecano anoee Count County y School School Corp Corpora oratio tion n and and offi officia cials ls at McCu McCutch tcheon eon High High School School

have a legal duty to immediately and appropriately remedy sexual discrimination and sexual harassment occurring in the context of its educational programs and activities. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 59. 60.

Despit Despitee h havi aving ng both both constr construct uctive ive and actual actual notice notice of the above-d above-desc escrib ribed ed

conduct, defendant John Beeker, officials at McCutcheon High School, and officials at Tippecanoe County School Corporation, failed to make immediate and appropriate remedial action. ANSWER:

Defendants deny the allegations of Paragraph 60, in part because they deny

any such knowledge. 61.

Defenda Defendants nts’’ dism dismiss issal al of Jako Jakob’s b’s Robins Robinson’ on’ss conduc conductt with with Jane Doe 2 obser observed ved at

McCutcheon High School on a daily basis, dismissal of the Jane Doe 1’s concerns that Jakob Robinson’s relationship with her daughter was improper, dismissal of patrons reports of Jakob Robinson’s relationship with Jane Doe 2 exceeding exce eding what is permissible, and dismissal of Jakob Robinson’s act of taking Jane Doe 2 to his residence, all amounted to a clearly unreasonable

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 17 of 21

response and deliberate indifference. ANSWER:

Defendants deny the allegations of Paragraph 61 and deny that any of the

described acts or omissions occurred. 62.

Defenda Defendants nts’’ atte attempt mptss to have have Jane Jane Doe Doe 2 quit quit spor sports, ts, limiti limiting ng her her play playing ing time, time,

singling her out for discipline and detentions, and other actions, all amounted amou nted to a clearly unreasonable response and deliberate indifference. ANSWER:

Defendants deny the allegations of Paragraph 62 and deny that any of the

described acts or omissions occurred. 63.

By failin failing g to take take immedi immediate ate and and appro appropri priate ate action action,, the the offici officials als of McCu McCutch tcheon eon

High School and Tippecanoe County School Corporation, aided and perpetuated sexual discrimination against Jane Doe 2, and otherwise limited her enjoyment of her rights, privileges, advantages and opportunities, all in violation of Defendant's legal duty and Title IX mandates. Furthermore, Plaintiff was subjected to emotional and psychological abuse. ANSWER:

Defendants deny the allegations of Paragraph 63.

WHEREFORE, Defendants request that the Plaintiff take nothing by way of her Complaint and that Defendants be awarded fees, costs, and expenses to the full extent allowed by law. Section 1983 violations

64.

Plaint Plaintiff iff incorp incorpora orates tes by refe referen rence ce parag paragrap raphs hs 1 thro through ugh 63, aass if full fully y stat stated ed

herein. ANSWER:

65.

Defendants incorporate by reference their prior responses.

Plaint Plaintiff iff is entitl entitled ed to to the the equa equall prote protecti ction on of of tthe he laws laws under under the the Fourtee Fourteenth nth

Amendment of the United States Constitution, and due process of law under the Fifth and Fourteenth Amendment of the United States Constitution.

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 18 of 21

ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 65. 66.

Jane Doe 2 has has a substa substanti ntive ve due due proc process ess right right to bodi bodily ly integr integrity ity and a

constitutional right to be free from sexual harassment and sexual discrimination. ANSWER:

Defendants are without sufficient information to admit or deny the

allegations of Paragraph 66. 67.

Jo John hn Beek Beeker er,, Fred Fred Roop Roop,, and off offic icia ials ls at at McCu McCutc tche heon on High High Sch Schoo ooll and

Tippecanoe County School Corporation, accepted and fostered a policy that permitted patterns and a history of improper boundaries bo undaries of teacher-student relationships, flirtation between teachers and minor students, inappropriate touching by teachers of students and idolizing of male teachers and coaches by female students, all of which favored sexual harassment and discrimination of its students and fostered an atmosphere which violated students’ bodily integrity and which allowed improper relationships flourished. ANSWER:

68.

Defendants deny the allegations of Paragraph 67.

Jo John hn Beek Beeker er,, Fred Fred Roop Roop,, and off offic icia ials ls at at McCu McCutc tche heon on High High Sch Schoo ooll and

Tippecanoe County School Corporation, were deliberately indifferent to Jakob Robinson’s known improper relationship; by such indifference, they aided sexual discrimination, and created a hostile educational environment. ANSWER:

69.

Defendants deny the allegations of Paragraph 68.

Defenda Defendants nts’’ atte attempt mptss to have have Jane Jane Doe Doe 2 quit quit spor sports, ts, limiti limiting ng her her play playing ing time, time,

singling her out for discipline and detentions, and other actions, all amounted amou nted to a clearly unreasonable response, deliberate indifference, bad faith and intentional discrimination. ANSWER:

Defendants deny the allegations of Paragraph 69.

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 19 of 21

70.

Jo John hn Beek Beeker er,, Fred Fred Roop Roop,, and off offic icia ials ls at at McCu McCutc tche heon on High High Sch Schoo ooll and

Tippecanoe County School Corporation, caused Jane Doe 2 to be subjected to sexual discrimination and sexual harassment. The result of defendants' actions deprived Jane Doe 2 of  her right of federal equal protection and due process rights guaranteed by the Fifth and Fourteenth Amendments and made actionable under 42 USC §1983. ANSWER:

Defendants deny the allegations of Paragraph 70.

WHEREFORE, Defendants request that the Plaintiff take nothing by way of her  Complaint and that Defendants be awarded fees, costs, and expenses to the full extent allowed by law. AFFIRMATIVE DEFENSES

Defendants, pursuant to Fed. R. Civ. P. 8, assert the following affirmative defenses: 1.

The The Compl Complai aint nt,, in whol wholee or in par part, t, fai fails ls to sta state te a cl clai aim m upon upon whi which ch rel relie ieff may may be granted.

2.

The The con contr trib ibut utor ory y neg negli lige genc ncee of Ja Jane ne Doe Doe 1 and/ and/or or Jane Jane Doe Doe 2 bars bars rrec ecov over ery y against the Defendants.

3.

The The Defe Defenda ndant ntss are are enti entitl tled ed to to abso absolu lute te immu immuni nity ty,, qual qualif ifie ied d immun immunit ity, y, or any any other immunity available to them under federal or Indiana law.

4.

One One or more more of of the the Def Defen endan dants ts ar aree immu immune ne fro from m suit suit pursu pursuan antt tto o the the IInd ndia iana na Tor Tortt Claims Act.

5.

As to all all cl clai aims ms based based in in sta state te law law,, the the IIndi ndiana ana Tort Tort Cl Clai aims ms Act pr prec eclu lude dess the the individual liability of Beeker and Roop.

6.

Jane Jane Doe 1 and and/o /orr Jan Janee 2 fa fail iled ed to miti mitiga gate te th thei eirr dam damag ages es..

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 20 of 21

7.

Jane Jane Doe Doe 1 an and/ d/or or Ja Jane ne Doe Doe 2 assu assume med d or in incu curr rred ed th thee rris isk k of ha harm rm..

8.

Plai Plaint ntif iff’ f’ss clai claims ms are are wi with thou outt reas reasona onabl blee fact factua uall or le lega gall basi basiss such such th that at Defendants are entitled to recover their attorneys’ attorneys’ fees and costs for defending  plaintiff's claims under 42 U.S.C.A. § 1983 pursuant to 42 U.S.C.A. § 1988 and for defending plaintiff's claims under Title IX pursuant to the provisions of Title IX.

9.

The The Pla Plain inti tiff ffss hav havee fai faile led d to to exha exhaus ustt aall ll admin adminis istr trat ativ ivee rem remed edie ies. s.

10.

The Plaint Plaintiff iffss have have fail failed ed to to compl comply y with with the ter terms ms of of the the IIndi ndiana ana Tort Tort Claims Claims Act, including but not limited to the notice requirements. JURY DEMAND

Defendants, pursuant to Fed. R. Civ. P. 38, demand a jury trial. Respectfully submitted, MEILS THOMPSON DIETZ & BERISH

By:

 

/s/ John W. Mervilde Rick D. Meils (#9130-49) John W. Mervilde (#21738-49) Attorneys for Defendants

 

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 21 of 21

CERTIFICATE OF SERVICE

I hereby certify certify that the foregoing has been served on August 4, 2015 through the operation of the Court’s Cou rt’s Electronic Case Filing system upon: Michael J. Stapleton Gabriel N. Eberhardt Elizabeth B. Searle BALL EGGLESTON PC 201 Main Street, Suite 810 P.O. Box 1535 Lafayette, IN 47902

John W. Mervilde

Rick D. Meils John W. Mervilde MEILS THOMPSON DIETZ & BERISH Two Market Square Center  251 East Ohio Street, Suite 830 Indianapolis, IN 46204 317/637-1383

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