***

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

C.A. No.
00-174E

RONALD and DIANE D., individually and as the parents and Natural Guardian of
TIMOTHY D.,

Plaintiffs,

vs.

The TITUSVILLE AREA SCHOOL DISTRICT; JOHN REAGLE, personally and in his
official capacity as the Assistant Superintendent of the Titusville Area
School District; AMANDA HETRICK, personally and in her official capacity as
an Assistant Principal of the Titusville Area School District; TERRY KERR,
personally and in his official capacity as a Principal of the Titusville
Area School District; CHARLES HELLER, personally and in his official
capacity as an Assistant Principal and a Principal of the Titusville Area
School District; KAREN JEZ, personally and in her official capacity as an
Assistant Principal of the Titusville Area School District; SHARI WYNKOOP,
personally and in her official capacity as a Supervisor of Instruction for
the Titusville Area School District; TAMMY MCHENRY, personally and in her
official capacity as a Guidance Counselor for the Titusville Area School
District; and MARY ROSE RAGON, personally and in her official capacity as a
Guidance Counselor for the Titusville Area School District

Defendants

COMPLAINT



I. Introduction

1. This is a civil rights action brought on behalf of Timothy D., a
17-year-old, eleventh grade student, and his parents under the Civil Rights
Act of 1871, 42 U.S.C. §1983, and Title IX of the Education Amendments of
1972, 86 Stat. 373, as amended, 20 U.S.C §1681, et seq., against the
Titusville Area School District and various officials and administrators of
that school district, for compensatory and punitive damages for violation of
the federal laws that protect the constitutional and statutory rights of
individuals (i) to equal protection of the law under the Fourteenth
Amendment to the Constitution; (ii) from being excluded from participation
in, or denied the benefits of, or subject to discrimination on the basis of
sex under any educational program or activity receiving Federal financial
assistance; and (iii) to substantive due process of law under the Fourteenth
Amendment to the Constitution.


2. Since the beginning of the 1994-95 academic year, the defendants have
engaged in a consistent pattern and practice of denying Timothy equal
protection under the Fourteenth Amendment, by discriminating against Timothy
based on both (i) his gender and (ii) his sexual orientation. During that
period, the defendants have engaged in a consistent pattern and practice of
deliberate indifference with regard to known, repeated acts of sexual
harassment and assault of Timothy by other students.


3. Further, these known acts of sexual harassment and assault were so
severe, pervasive, and objectively offensive that they effectively denied
Timothy access to defendants' educational benefits and opportunities.
Defendants' response to these known acts of harassment was clearly
unreasonable in light of the known circumstances, thereby violating Timothy's
right under Title IX of the Education Amendments of 1972 ("Title IX"), to be
free from discrimination on the basis of sex, under any educational program
or activity receiving federal financial assistance.


4. In addition, since the beginning of the 1994-95 academic year,
defendants have also violated Timothy's right to substantive due process of
law under the Fourteenth Amendment, by failing in their affirmative duty
under Title IX to protect Timothy from known acts of harassment that were so
severe, pervasive, and objectively offensive that the acts effectively
denied Timothy access to defendants' educational benefits and opportunities.

5. Defendants have further violated Timothy's right to substantive due
process of law under the fourteenth Amendment, as well as his liberty
interest in personal security, by affirmatively demonstrating to the
students in Timothy's school that the sexual harassment and assaults on
Timothy would be accepted, tolerated and treated by defendants with
deliberate assaults on Timothy would be accepted, tolerated and treated by
defendants with deliberate indifference, thereby leaving Timothy even more
vulnerable to foreseeable future harassment and injury. Because of the
compulsory attendance requirements of a public education, defendant
District's ineffective, uninspired and unsympathetic remedies substantially
contributed to the creation of an environment more physically and
emotionally dangerous to Timothy than any dangers Timothy faced from the
public at large.


6. Defendants' failure to eliminate known, repeated acts of sexual
harassment and assault on Timothy, resulted in Timothy's extreme physical
and psychological abuse on a long-term continual basis, and effectively
denied Timothy the benefits of a public education. Defendants' actions
imposed great costs upon Timothy and his family, resulting in significant
educational, physical, psychological and emotional harm to the plaintiffs.

II. Jurisdiction


7. This court has subject-matter jurisdiction over this action pursuant to
28 U.S.C. §§1331 and 1343. Plaintiffs' causes of action arise under 42
U.S.C §1391(b). Plaintiffs have fully exhausted all required administrative
procedures before filing action.


III. Parties
Plaintiffs

8. Timothy D. is currently seventeen years old, *now eighteen* has dropped
out of school for emotional reasons.

9. Ronald and Diane D. are Timothy's parents and natural guardians with
whom he resides and has always resided in Crawford County, Pennsylvania.


Defendants

10. Defendant District is the local education agency within the meaning of
Title IX. Defendant District is a recipient of federal funds under Title IX
and other programs of federal financial assistance and is prohibited from
discriminating against individuals on the basis of sex of sexual
orientation.

11. Defendant John Reagle ("Reagle"), at all times material hereto, was
employed by defendant District as the Assistant Superintendent of the
Titusville Area School District. He is being sued in his individual and
official capacities. At all times materials hereto, he was acting under
color of state law.

12. Defendant Amanda Hetrick ("Hetrick"), at all times material hereto,
was employed by defendant District as the Assistant Superintendent of the
Titusville Area School District. He is being sued in his individual and
official capacities. At all times material hereto, he was acting under
color of state law.

13. Defendant Terry Kerr ("Kerr"), at all times material hereto, was
employed by the defendant District as (i) a Principal of defendant
District's Junior High School, (ii) a Principal of defendant District's
Senior High School and (iii) a Guidance Counselor. He is being sued in his
individual and official capacities. At all times material hereto, he was
acting under color of state law.

14. Defendant Charles Heller ("Heller"), at all times material hereto, was
employed by defendant District as an Assistant Principal. He is being sued
in his individual and official capacities. At all times material hereto, he
was acting under color of state law.

15. Defendant Karen Jez ("Jez"), at all times material hereto, was
employed by defendant District as an Assistant Principal ("Jez"). She is
being sued in her individual and official capacities. At all times material
hereto, she was acting under color of state law.

16. Defendant Shari Wynkoop ("Wynkoop"), at all times material hereto, was
employed by defendant District as a Supervisor of Instruction. She is being
sued in her individual and official capacities. At all times material
hereto, she was acting under color of state law.

17. Defendant Tammy McHenry ("McHenry"), at all times material hereto, was
employed by defendant District as a Guidance Counselor. She is being sued
in her individual and official capacities. At all times material hereto,
she was acting under color of state law.

18. Defendant Mary Rose Ragon ("Ragon"), at all times material hereto, was
employed by defendant District as a Guidance Counselor. She is being sued
in her individual and official capacities. At all times material hereto,
she was acting under color of state law.

IV. Facts:

19. Tim was born on July 1, 1982 and is currently a seventeen year old,
eleventh grade student at the Oil City School District senior high School.
Prior to eleventh grade, timothy has attended defendant District schools.

20. The Fourteenth Amendment to the United States Constitution provides,
in pertinent part, that no State shall deprive any person of life, liberty
or property without due process of law, nor deny to nay person within its
jurisdiction the equal protection of the laws.

21. Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (a)
provides in pertinent part, that no person in the United States shall, on
the bias of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any educational program or
activity receiving Federal assistance.

22. The Pennsylvania Code states it is the policy of the State Board of
Education that access to educational programs shall be provided without
discrimination on the basis of a student's sex or sexual orientation. 22
Pa. Code §4.4.

23. The Pennsylvania Code states no student shall be denied access to a
free and full public education on account of sex. 22 Pa. Code §12.4.

24. The Pennsylvania Code states professional educators shall exhibit
consistent and equitable treatment of students. They shall respect the
civil rights of all and not discriminate on the basis of sex or sexual
orientation. Professional educators shall exert reasonable effort to
protect the student from conditions which interfere with learning or are
harmful to the student's health and safety. 22 Pa. Code §235.4.

25. Defendant District's School Handbook provides, in pertinent part,
under the heading of "Sexual Harassment:"


Our school is committed to maintaining an educational environment for all of
its students, which is free from any type of sexual harassment. For the
purpose of this policy, sexual harassment. for the purpose of this policy,
sexual harassment of a student is defined as...verbal or physical conduct or
written communication of an intimidating, hostile or offensive sexual
nature. (Emphasis added.)


26. Defendant District did not adopt & publish special grievance
procedure providing for prompt and equitable resolution of student
complaints of sexual harassment.

27. Beginning in the sixth grade (Tim's first year of Junior High School),
and continuing every year thereafter, Timothy has been repeatedly &
continually harassed and assaulted by his peers and classmates at defendant
district schools because of his perceived sexual orientation. Tim has known
since he was in sixth grade he was either "Gay" or "Bisexual."

28. Throughout the next five years, Timothy repeatedly report these
numerous incidents of sexual harassment and assault directly to various
defendant District Administrators. In addition, over the years, the
teachers also reported incidents of sexual harassment assault to various
defiant District Administrators.

29. Defendant District's failure to properly respond to these reports, in
light of the known circumstances, was clearly unreasonable. Defendant
District administrators were deliberately indifferent to the sexual
harassment of Timothy because Timothy was a male student being sexually
harassed because of his perceived sexual orientation. As a direct result of
defendant District 's deliberate indifference, the harassment continued
unabated for five ( 5 ) years. Further, defendant District administrators
used their authority as state actors to create an opportunity, that
otherwise would not have existed, for district students to relentlessly
harass & assault Timothy with relative impunity.


Sixth Grade

30. Timothy attended the Titusville Junior High School beginning in sixth
grade for the 1994-95 academic year. Almost daily throughout sixth grade,
Timothy was repeatedly and continually called offensive names and harassed
by a group of male students. Tim repeatedly reported the name calling to
school principal defendant Kerr. Defendant Kerr occasionally spoke with the
boys harassing Tim, but otherwise did not punish them.

31. On or about September 21, 1994, all the students at defendant District
schools were required to attend a trip to a camp in Wesley Woods for a
course on hunter safety & wildlife studies. The camping trip lasted for
three ( 3 ) days. During the trip, students Tyler L' hullier and Eric
Campbell repeatedly called Tim a "pansy-assed motherfucker." Eventually,
Tim told the offensive students to "shut up." In response, Eric Campbell
struck Tim in the face. Tim reported these events to a teacher, Mr.
Knickerbocker. Mr. Knickerbocker spoke to Tyler and Eric, but otherwise did
not punish them.

32. During this same sixth grade camping trip to Wesley Woods, student
Joel Carlson repeatedly called Tim a "bitch-assed, faggot motherfucker."
One Incident was witnessed by a camp counselor Matthew Hughs who simply to
Joel to "Cool it."

33. Tim subsequently recounted to defendant Kerr the harassment that had
taken place during the camping trip to Wesely Woods. Defendant Kerr,
however, did little or nothing to discourage this type of harassment.

34. In September and November 1994, and beginning again in the spring on
1995, Tim's sixth grade class regularly walked 4 to 5 blocks to Burgess
Park. During the course of these walks, Zach Karasa, Justin Krasa and Eric
Ralston constantly walked directly behind Tim and repeatedly called him
"Scum", "Bitch", "pansy" and "faggot". Tim reported this type of harassment
to his sixth grade teacher Mrs. Felton on numerous occasions. Mrs. Felton
occasionally spoke to Tim's harassers, but otherwise did not punish them.
When the harassment continued, Mrs. Felton eventually referred the
perpetrators to defendant Kerr, defendant Ragon, and defendant Heller.
Defendants Heller, Kerr, and Ragon, however did little or nothing to deter
Tim's harassers.

Seventh Grade

35. Tim's torment continued at the Titusville Junior High School in
seventh grade. Tim was harassed daily by various students, including Paul
Wies & Timothy Ralston. Virtually everyday, these two students humiliated
Tim in front of his peers by constantly calling him names such as "faggot",
"pussy", "pansy", "bitch", "fucker", and "cunt". Although Tim repeatedly
reported this harassment to defendants Kerr, Ragon and Heller, little or
nothing was done to effectively deter Tim's harassers

36. Beginning in September of 1995 & continuing throughout the seventh
grade school year, Tim was repeatedly harassed in school chorus. A group of
ninth grade students, including Rusty Atkins, Arron Sanford, and Eric
Zehner, repeatedly referred to Tim as "Fat-assed faggot." On numerous
occasions, Tim reported this harassment to the chorus director Carl Olsen &
defendants Kerr, Heller, and Ragon. The harassment continued, however
unabated. On one occasion after Mr. Olsen had left the room, the name
calling intensified and Tim's harassers began to hit Tim with objects, such
as paper balls and "spit wads". A spit wad is a chewed-up piece of paper
which is then blown threw a drinking straw at considerable speed. Tim walked
out of chorus and reported the incident to defendant Kerr. Defendant Kerr,
however, did little or nothing to deter Tim's harassers.

37. throughout the year in seventh grade gym class, Tim was repeatedly
subjected to such slurs as "faggot" and "pansy" by several of the other
male students in his class. Tim reported the harassment on many occasions
to defendant Kerr, Heller and Ragon. On one occasion, the harassment became
so severe that Tim left Gym class and went directly to defendant Kerr for
help. Defendant Kerr did little or nothing to deter Tim's Harassers, but
did reprimand Tim for leaving gym class without permission.

38. Beginning in September 1995 and continuing throughout the year of
seventh grade drama class, students Laurie Andrako and Kerrie brown
repeatedly and continually called Tim a "faggot", "fat-assed bitch", "pussy"
and a "cunt." Each time Tim reported this harassment to drama teacher
Mrs. Pfhol, she stated that she would take care of it. The harassment
continued, however, throughout the school year. Although Timothy reported
the harassment directly to defendants Kerr, Heller and Ragon, little or
nothing was done to deter Tim's harassers.

39. Beginning in September 1995 and throughout his seventh grade school
year, Tim was repeatedly and continually harassed during lunch period in the
school cafeteria by students Nathan Parker, Ryan Bienio and Mike Peterson.
Tim was repeatedly and continually called names including "bitch", "cunt",
"pussy", "faggot", "homo", "fucker" and "pansy". These same students also
brought a label maker to school and used it to create labels containing
derogatory remarks about Tim, including "Tim is gay" and "Tim is a faggot."
The offensive labels were then pasted on Tim's locker, surrounding lockers,
his desk, the bathrooms and in the hallways. Tim reported this harassment
to defendant Kerr. Defendant Kerr, however, did little or nothing to deter
the harassment. The harassment continued unabated throughout seventh grade.

Eighth Grade

40. Tim began eighth grade in the Titusville Junior High School in
September 1996. Because defendant District administrators over previous
years had affirmatively demonstrated their deliberate indifference to the
reported incidences of harassment of Tim, the perpetrators escalated their
daily physical abuse of Tim. In addition to being called objectively
offensive names like "faggot" and "cocksucker" on a daily basis by students
Paul Weiss and Timothy Ralston, Tim was also being punched in the hallways,
thrown up against lockers and pushed from behind. On a regular basis, Tim's
books were knocked from his hands and his school papers scattered. Although
Tim repeatedly reported this daily harassment to defendants Kerr, Ragon and
Jez, little or nothing was done to discourage the harassment. Defendant
Kerr indicated to Tim that is was Tim's own fault he was being harassed,
since he was gay. Defendants' response to the known acts of harassment was
clearly unreasonable in light of the known circumstances. Tim often times
cried on the way home from school because of the daily abuse to which he was
being subjected.

41. On numerous occasions, students Paul Weiss and Timothy Ralston openly
harassed Timothy in his eighth grade "Introduction to Foreign Languages"
class. Tim was repeatedly called "fat-assed bitch, "pansy", "fairy",
"cunt", "motherfucker" and "pussy". Tim reported this harassment to his
teacher Miss Stopher. On numerous occasions Miss Stopher sent Paul Weiss
and Timothy Ralston to defendant Kerr's office. Defendant Kerr, however,
did little or nothing to deter the harassment.

42. Beginning in September 1996, student Douglas Beers began to harass Tim
in his eighth grade music class. On a regular basis, Douglas Beers called
Tim a "fat-assed bitch", "pansy", "fairy", and "lark". Tim repeatedly
reported Douglas Beers' harassment of him to defendant Jez. Defendant Jez,
however, did little or nothing to deter the harassment.

43. Douglas Beers also similarly harassed Tim in eighth grade English
class. Tim reported the harassment to his teacher Mr. Kaminski, who warned
Douglas Beers to desist. When the harassment continued, Tim repeatedly
reported Douglas to defendant Kerr. Defendant Kerr, however, did little or
nothing to deter the harassment.

44. In Tim's eighth grade math class, Tim was repeatedly harassed by many
students, including student James Dahle. Beginning in January 1997, James
Dahle repeatedly called Tim a "faggot", "dike" and a "fairy." Although Tim
repeatedly reported James' harassment to defendants Kerr, Ragon and Jez,
little or nothing was done to end the harassment. Defendant Ragon spoke to
James Dahle on one occasion, but otherwise did little or nothing to stop the
harassment. James Dahle's harassment of Tim continued. In March 1997,
James Dahle punched Tim in the face. Tim also reported this incident to
defendant Ragon.

45. Tim was also repeatedly harassed in eighth grade math class by Jeremy
Sterling, who called him "faggot", "fairy" and "motherfucker". On at least
one occasion, Tim's math teacher Mrs. Miller heard the name-calling and
instructed Jeremy Sterling to stop. When Mrs. Miller's tepid reprimand was
ineffective to end Jeremy's harassment, Timothy repeatedly reported the
harassment to the defendants Kerr, Jez and Ragon. These defendants,
however, did little or nothing to deter the harassment. Jeremy Sterling's
harassment of Timothy was relentless for 3 years.

46. In the spring of Tim's eighth grade year, Tim's mother called
defendant Ragon for an explanation regarding the school's failure to
effectively respond to the students who were severely and pervasively
harassing Tim at school. Defendant Ragon stated that she would take care of
the problem. Defendant Ragon indicated that she would speak to defendant
Kerr and together they would deal appropriately with the offending students.
Within a few days, however, the harassment escalated significantly and
continued throughout the remainder of the school year.


Ninth Grade


47. In ninth grade at the Titusville Junior High School , the harassment
became increasingly worse. In addition to a continuous onslaught of
objectively offensive names, Tim was repeatedly punched in the hallways,
thrown up against locker and struck from behind. On a regular basis, Tim's
schoolbooks and papers were knocked from his hands.

48. In Tim's ninth grade math class, Adam Drake, William Young and Alan
Young repeatedly called Tim such names as "fairy", "pansy", "faggot" and
"lark." Tim reported the harassment to his math teacher, Mrs. Kober.
Although Mrs. Kober spoke once with the boys, her intervention was
ineffective. The name-calling continued. On one occasion, Tim told the
boys to shut up. In response, Mrs. Kober removed Tim from the classroom and
made him sit in the hall. Although Tim reported many of these incidents to
defendants Heller, Jez and Ragon, little or nothing was done to deter the
harassment.

49. Beginning in September 1997, and throughout Tim's ninth grade health
class, Tim was repeatedly and continually harassed by students Jamie Sye and
Justin Stokes, who called him such names as "pansy","pussy", "poser",
"fucker" and "faggot". On at least 5 or 6 occasions, Tim reported the
harassment to his health teacher, Mr. Creighton. Although Mr. Creighton
spoke with the perpetrators, this minimal intervention was ineffective. The
harassment escalated. Although Tim also reported many of these incidents to
defendants Heller, Jez and Ragon, these defendants did little or nothing to
deter the harassment.

50. Beginning in September 1997, Tim was repeatedly and continually
harassed in his ninth grade computer class by students Josh Atkins. Tim was
called such names at "fudge-packer", "faggot", "homo", and "pussy". Tim
repeatedly informed defendant Ragon of the harassment. Rather than take
action against the perpetrators, however, defendant Ragon's remedy was to
remove Tim from the computer class and place him in a different class.

51. Starting on or about October 1, 1997, in Miss Stopher's Spanish class,
fellow student Greg Aversa, Joel Carlson and Jason Kuhn repeatedly and
continually called Tim "homo", "cunt", "faggot" and "pansy". On numerous
occasions, Tim reported the harassment to Miss Stopher. Miss Stopher spoke
with the three students and threatened them with detention. The idle
threat, however, was ineffective to deter the harassment. Although Tim
reported many of these incidents to defendants Heller, Jez, and Ragon,
little or nothing was done to deter the harassment.

52. In November 1997, Tim was seriously injured in a sled riding accident,
sustaining a cervical neck fracture and dislocation, when his sled ran into
an automobile. Defendant District personnel were aware of the seriousness of
Timothy's injury, since Tim was on homebound instruction from early November
1997, through March 12, 1998. Tim wore a hard cervical collar until early
February 1998, at which time he was placed in a soft cervical collar. On
March 10, 1998, Tim was released by his doctor to return to school.

53. Within a couple of weeks returning to school, the harassment and
physical abuse began again. Tim was repeatedly called names, punched in the
hallways, thrown up against lockers and pushed from behind. On a regular
basis, Tim's books were knocked from his hands and his school papers
scattered. Tyler L'Hullier and Adam Cherry repeatedly and continually
called Tim such names as "cum-sucker", "poser", "pansy", "fairy", "faggot",
"fudge-packer" and "lark". Tim reported many of these incidents to
defendants Heller, Jez and Ragon, who indicated they would speak with the
harassing students. Tim's mother also contacted defendant Ragon about the
constant harassment and her concern that Timothy's neck would be re-injured
by a student. Defendants Heller, Jez and Ragon, however, did little or
nothing to deter the harassment.

54. During this same time period, students began leaving Tim sexually
intimidating and hostile notes in his desk in Miss Stopher's Spanish class.
Tim received approximately 15 notes in total. The notes made such
objectively offensive remarks as "You should have died you pansy assed
motherfucker" and "I want you to suck my dick". The following notes were
shown to the defendant Ragon:


a. The note had "before" and "after" drawing depicting someone riding a
sled down a hill and running into a car. The "before" picture showed the
sled rider at the top of the hill, shouting "fags forever." The "after"
picture showed the sled rider at the bottom of the hill, lying beside the
car. A second figure in the "after" drawing was shouting, "Yes the fag is
dead." The caption on the drawing stated, "Can you teach me how you did it
you idiot".

b. The note has a picture of a naked, overweight male, with a penis
protruding beneath a large stomach. The caption stated "Hey Tim. Do you
know who I am you piece of shit. I am Kirby Lee. I am going to beat your
ass if I see you after school. You had better watch your back. Have you
ever seen your dick? I guess not. PS: Try not to hit any more cars!"

c. The note stated, "Tim, will you go out with me? Please! I will fuck
you so hard you won't be able to walk. Let alone take a piss. If you want
me check this desk everyday. Love, Kris." There was a small box drawn on
the note with the caption. "B.J. yes please. If yes, check this box."

55. Defendant Ragon made copies of the above-described notes. Tim had
previously shown several of the other offensive notes to his Spanish
teacher, Miss Stopher. Miss Stopher's only reaction was to tell Tim "I will
try to watch your desk more closely."

56. The above-described notes were also shown to defendant Heller.
Defendant Heller promised Timothy's mother that he would investigate and
punish the authors of the notes. Defendants Heller and Ragon, however, did
not investigate the source of the notes or otherwise try to stop this form
of sexual intimidation, hostility and threats.

57. Defendants' response to the physical and sexual threats made against
Timothy was clearly unreasonable in light of the known circumstances.
Defendants were deliberately indifferent to the physically and sexually
hostile threats made against Tim. As a direct result, defendant District
substantially contributed to the creation of physically and emotionally
dangerous environment, leaving Timothy even more vulnerable to foreseeable
future harassment and injury.

58. On or about April 15, 1998, less than six weeks after Tim's cervical
collar had been removed, a student approached Timothy from behind and
deliberately pushed him down a full flight of stairs. Because Tim was in
substantial pain after his fall, Tim's mother contacted Tim's neurosurgeon,
Dr. Brian Dalton. Dr. Dalton indicated to Tim's mother that Tim was not
safe in a defendant District school and that Tim should be placed back on
homebound instruction. Tim remained on homebound instruction from April 17,
1998, until the end of the school year.

59. On August 18, 1998, Tim attempted suicide, rather than return to a
defendant District school in September for tenth grade. Tim took overdoses
of multiple drugs, including Acetaminophen, Barbiturates and Sudafed. Tim's
Acetaminophen level, according to protocol, was in the critical range.
Timothy was placed in the Intensive Care Unit of the Titusville Area
Hospital. In her report dated August 18, 1998, Dr. Nancy R. Flynn assessed
Tim's condition as "serious".

60. Tim was in the Titusville Area Hospital intensive care unit for two
days. On August 20, 1998, Tim was transferred to the Meadville Hospital
Psychiatric Unit for eight days. Thereafter, Tim went to the Northwest
Medical Center in Oil City, Pennsylvania for individual psychotherapy in the
Intensive Outpatient Program.

Tenth Grade

61. Tim began tenth grade in September 1998 at the Titusville High School.
Almost immediately the harassment resumed . Many mornings Tim was sick
and throwing up at home over the thought of going to school that day. Tim
began to miss many days of school. The harassment at school was so severe,
pervasive and objectively offensive, that it effectively barred Tim's access
to defendant District's educational opportunities and benefits.

62. In tenth grade math class, Jeremy Sterling repeatedly called Tim such
names as "pansy" and "faggot". Although Tim repeatedly reported Jeremy's
name calling to defendants Heller, Hetrick and McHenry, little or nothing
was done to end the harassment. During one particular name-calling session,
Tim finally screamed at Jeremy Sterling to "shut up." Both Jeremy and Tim
were sent to the administration office by classroom teacher Mr. Come.
Defendant Hetrick gave both boys two days of Saturday detention. The
harassment continued. In February 1999, rather than take action against the
perpetrator, defendant McHenry moved Tim to a different math class.

63. Beginning in September 1998, Tim was continually harassed by Zach
Cook, who called him such names as faggot" and "Pussy" on numerous
occasions. Tim constantly reported Zach's harassment to Defendants Heller,
Hetrick and McHenery, but little or nothing was done to effectively deter
the harassers.

64. Tim used to walk the hallways with his head down, trying to avoid any
incidences of harassment between classes. On one occasion, Zach Cook
grabbed Tim and held him while Lucas McCain hit Tim several times in the
stomach, saying "Fucking faggot, I hope you die." When Tim reported the
incident to defendant Hetrick, both Lucas and Timothy were called into
Defendant Hetrick's office. Lucas McCain then stated to defendant Hetrick
"I should not have to sit in the same room with this faggot". Lucas McCain
was not punished for either his objectively offensive remarks or his
previous assault on timothy. Outside defendant Hetrick's office Lucas
stated to Tim "You will get what is coming to you, faggot" After school,
Lucas McCain and Zach Cook pursued Tim home telling him again "You will get
what is coming to you, faggot" Tim reported these threats by Lucas and
Zach to defendant Hetrick. Defendant Hetrick, however, did little or
nothing to end the harassment.

65. Lucas McCain intensified his harassment of Tim, calling him "pussy",
"Gay boy", Faggot", and "Homo". Lucas repeatedly directed sexually
intimidating and hostile commands to Tim such as, "Come over here faggot and
suck my dick" and "Come over here you little faggot pussy, I am going to
kick your ass". Tim once again reported Lucas' continuing harassment to
defendants Heller, Hetrick, & McHenery, who did little or nothing to end the
harassment.

66. In light of defendant District's deliberate indifference to Timothy's
complaints, & the increasingly dangerous environment to which Timothy was
being subjected on a daily basis, Timothy's parents became increasingly
concerned about Timothy's severe depression and a possible re-injury to
Timothy's neck. On October 12, 1998, Tim went back on homebound instruction
until December 1, 1998.

67. although Tim returned to school on December 1, 1998, Tim was
frequently sick in the morning and vomiting at the prospect of another day
of assault and harassment at school. As a result, Tim began to miss many
days of school.

68. On December 10, 1998, defendant McHenery sent Tim's parents a form
letter advising that Tim had missed more than eight ( 8 ) school days
during the school year. Defendant McHenery sent a similar form on December
16, 1998.

69. On or about December, 23, 1998, the school nurse telephoned Tim's
mother to inform her that student Kenny Beatty had punched Tim in the back
of the neck. Tim's mother took Tim home and contacted defendant Heller
about the incident. Defendant Heller indicated to Tim's mother Diane that
he felt Tim brought most of his problems on himself. In January 1999,
rather than take action against the perpetrators, Tim's schedule was changed
so that Tim could avoid some of the harassment that took place in the
hallways. Any benefit from the schedule change , however, was short term.
The harassment resumed shortly thereafter.

70. On January 11, 1999, defendant Hetrick sent Tim's parents a for letter
advising them that Tim had missed at least fifteen ( 15 ) days of school and
would need a doctor's excuse for each subsequent absence. A handwritten
note on the form letter stated, "I am aware you have been working to address
this."

71. On January 20, 1999 defendant Heller had sent Tim's parents a form
letter advising them that Tim had been absent more than twenty ( 20 0 days
from school and would need a doctors excuse in order to be able to make up
any subsequent missed class work.

72. On February 4, 1999, defendant Hetrick had sent Tim's parents an
"Official Legal Notice of Absence to Parents". The form letter stated that
Tim had been unlawfully absent from school on December 16, and 18, 1998 and
January 12, 1999. The letter stated that is Tim was absent any further
without a lawful excuse, legal proceedings would be instituted against them
before an Alderman or District Magistrate.

73. On February 8, 1999 defendant Hetrick sent Tim's parents a form
letter advising them that Tim had 3 or more illegal absences and that
defendant District would proceed through the legal system is any further
illegal absences occurred.

74. On or About February 8, 1999, Tim was voluntarily admitted to the
Northwest Medical Center in Oil City for depression and suicidal ideation's.
Dr. McAllister's Psychiatric Evaluation dated February 8, 1999, stated, in
pertinent part, as follows:

He reports significant problems at school including being teased by his
peers and also being called 'faggot' by his peers. The patient reports that
he has been pushed and punched at times. He also reports that at one point
he was pushed down stairs by a peer at school. The patient is afraid to go
back to school as he feels that people are trying to physically abuse him.
He is now admitting to depressive symptoms including depressed mood,
decreased energy level, sad affect, tearfulness and poor self esteem.... He
also has feelings of helplessness and hopelessness as well as worthlessness.

75. Tim was discharged on February 11, 1999 with a diagnosis of "major
depressive disorder -- recurrent" and "Dysthemic disorder." Dr. Lorenzo
Gonzales prescribed "Patient requires Home Bound Education - ( services )
due to emotional problems."

76. On February 11, 1999, plaintiffs contacted Attorney David C. Long (
"Long" ). Attorney Long advised plaintiffs to request that defendant District
conduct an educational and psychological evaluation of Tim to determine his
eligibility for special education and related services.

77. On April 14, 1999 Tim sent defendant District a letter indicating that
he was withdrawing from the courses he was currently failing, in order to
concentrate his efforts on the courses he might still be able to pass. At
that time, Tim was failing Academic American Cultures IIIm Academic Biology,
Spanish II and Math III.

78. Despite Tim's failing grades, his excessive absences, his medical and
psychological history of major depression, his suicide attempt and his
ongoing suicidal ideation's, Defendant District determined that Tim was not
eligible for any special educational services. Defendant District concluded
in a Comprehensive Report ( "CER" ) dated April 19, 1999, that Tim had
willfully chosen not to be academically successful". The CER contained no
recommendations of any types of aids or services for Tim.

79. An Individualized Educational Program ( "IEP" ) meeting was scheduled
for May 5, 1999 to discuss defendant District's CER conclusions with Tim's
parents. Kathy Rapp, an advocate for the plaintiffs from MECA, also
attended the meeting.

80. At the May 5, 1999 IEP meeting, defendant District personnel were
shown copies of the some the sexually hostile, intimidating and offensive
letters Tim had received in his ninth grade Spanish class, as examples of
the causes of Tim's failing grades, excessive absences and depression. At
the meeting, Tim's mother asked defendant Heller if he had ever investigated
the source of the abusive letters at the time they were shown to him.
Defendant Heller admitted that he never conducted the promised
investigation. Advocate Kathy Rapp argued that a second IEP meeting would
be necessary, since several required District employees did not attend the
May 5, 1999 meeting.

81. Shortly after the May 5, 1999 IEP meeting, a Psychiatric Progress Note
prepared by Dr. Lorenzo Gonzales dated May 11, 1999, was provided to
defendant District personnel. This Psychiatric Progress Note stated, in
pertinent, as follows:

The patient had a complete psychological evaluation by the school
psychologist to further define school needs; however, it was reported that
patient was in no need of any special services within the school system or
any accommodations for this young man, It is important to recognize that
patient has been treated for depression in the past. The patient has also
had a suicide attempt that was described as a serious one. The patient
still reports that he is harassed by other peers in school, as he feels that
he is going to be singled out and teased on a constant basis. The patient
also feels concerned about physical safety, as he in the presented to the
clinic with copies of a letter that he has received from schoolmates of
inappropriate sexual tone. The patient seems to extremely upset and
disturbed by this fact....
I support the need for classification of emotional support systems within
the school system. I will contact IU6 as a way to try to sort these things
out, hoping that they can provide the necessary support for this young man,
who has been troubled both emotionally as well as physically.


82. Also after the May 5, 1999, IEP meeting, Timothy's mother Diane
contacted defendant Reagle and recounted to him the extensive five-year
history of defendant District's deliberate indifference to the continuous
verbal and psychical assaults, threats, sexual harassment, intimidation and
constant humiliation to which Tim had been subjected. Tim's mother also
detailed to defendant Reagle information regarding Tim's failing grades, his
excessive absences, and his medical and psychological history of major
depression, suicide attempt and ongoing suicidal ideation's. Timothy's
mother explained that, despite all of these known circumstances, it was
defendant District's intention to deny Timothy and aids, services,
accommodations. Defendant Reagle promised Timothy's mother Diane that
before the next IEP meeting he would investigate Timothy's past and current
circumstances at school and report back to her. Defendant Reagle also
promised that he would personally attend Tim's next IEP meeting.

83. A second IEP meeting was convened on May 21, 1999. Despite his to
Timothy's mother Diane, defendant Reagle did not attend the IEP meeting or
otherwise contact Diane, prior to the meeting. At this second IEP meeting,
plaintiffs and advocate Kathy Rapp attempted to show those District
personnel who had not attend the previous May 5th IEP meeting, the copies of
the sexually threatening, intimidating, and offensive letters which Tim had
received in his ninth grade Spanish class. Defendant Wynkoop, however,
prevented plaintiffs from showing anyone else the offensive letters, stating
"I don't that really has anything to do with what we are talking about now.
I really want a positive not here to talk about Tim's strengths in class. I
didn't want to dampen that with this material".

84. Defendants' response to the physical and sexual intimidation against
Timothy was clearly unreasonable in light of the known circumstances.
Defendants were deliberately indifferent to the physically and sexually
hostile threats made against Tim. As a direct result, defendant District
substantially contributed to the creation of a physically and emotionally
dangerous environment, leaving Timothy even more vulnerable to foreseeable
future harassment and injury. Defendants would have treated more favorable
a female student who alleged the same type of conduct towards her as Timothy
alleged.

85. Despite Dr. Gonzales Psychiatric Progress note dated May 11, 1999, the
second IEP meeting concluded with defendant District issuing a Notice of
Recommended Assignment ( "NORA" ) that Tim attend a regular education
program with no aids or services.

86. Tim's parents concluded that, without effective intervention by
defendant District, it was not safe for Tim to return to a defendant
District school. Tim finished his tenth grade year on homebound
instruction.

87. Rather than take appreciate action against Tim's harassers, on June 9,
1999, defendant Wynkoop sent Tim's mother a letter indicating that defendant
District was willing to proceed with negotiations with the Oil City school
district to have Tim transferred to that school district. Tim attended the
Oil City Area High School from the beginning of the 1999-2000 academic year
until February 2000 when he quit do to severe emotional problems.

88. Tim endured five ( 5 ) years of continuos verbal and physical
assaults, threats, sexual hostility, intimidation & constant humiliation in
from of his peers, while attending a defendant District school. After five
( 5 ) years, rather than taking appropriate, effective action against the
perpetrators, defendant District agreed instead to transfer Tim to another
school district. Defendant District personnel were repeatedly made aware of
the severe, pervasive, and objectively offensive sexual harassment to which
Tim was being constantly subjected, yet remained deliberately indifferent to
Timothy's plight. Defendant District conducted no investigations.
Defendant District did not contact the authorities. Defendant District did
not file criminal complaints against any of the offending students. No
aides were placed in Tim's classrooms, nor were any aides assigned to
accompany Tim between classes or at lunch time. None of the offending
students were required to attend student psychological counseling sessions.
No harassing students were sent to alternative education sites. No students
were expelled. Defendant District's response to Timothy's repeated pleas
for help was clearly unreasonable in light of known circumstances. Defendant
District has effectively denied Timothy access to defendant District's
educational benefits and opportunities without due process of law.


89. Further, the failure by so many different defendant District employees
to reasonably respond: (i) to a multitude of sexual harassment complaints
(ii) perpetrated by numerous different students (iii) in a variety of school
settings (iv) over a five-year period, is discrimination that is practiced
on such a sufficiently widespread and pervasive basis so as to constitute a
defendant District custom of deliberate indifference to sexual harassment
based on sexual orientation and gender.

90. Moreover, in response to Timothy's recurring appeals for protections
and support, defendant district affirmatively demonstrated to the offending
students that the sexual harassment of Tim would be treated with deliberate
indifference. As a direct result, defendant District substantially
contributed to the creation of a physically and emotionally dangerous
environment, leaving Timothy even more vulnerable to foreseeable future
harassment and injury.

91. The District, its superintendents, principals, guidance counselors and
other administrators had knowledge or constructive knowledge of the actions
set forth in paragraphs 1-90 and participated in, approved, and validated
those actions and were deliberately indifferent to the violations of
plaintiffs' rights that occurred on account of those actions.

92. The District, its superintendents, principals, guidance counselors and
other administrators developed and maintained policies, practice and customs
which acquiesced in and caused the deprivation of plaintiffs' rights as set
out in paragraphs 1-90.

93. The responsible policy makers of the District, its superintendents,
principals, guidance counselors and other administrators, had knowledge or
constructive knowledge that supervisory personnel and teachers had engaged
in a practice and pattern of failing to appropriately respond to the severe,
pervasive and objectively offensive sexual harassment to which Tim was being
constantly subjected.

94. The District, its superintendents, principals, guidance counselors and
other administrators were aware of the practices set forth in paragraphs 1
through 90 and validated those practices by failing and refusing to
intervene or otherwise effectively carry out their responsibilities to
Timothy and his parents under the Fourteenth Amendment to the United State
Constitution and Title IX of the Education Amendments of 1972.

95. As a result of defendants' actions, practices and policies, Timothy
incurred damage to his physical health and emotional well-being. Timothy's
educational progress was damaged and Timothy suffered embarrassment,
emotional stress and a loss of self-esteem. Timothy's parents similarly
have suffered great emotional stress and other damages, and have incurred
medical and associated bills on account of the harm done by defendants to
their son.

FIRST CAUSE OF ACTION-EQUAL PROTECTION
(All Defendants)

96. Defendants' aforestated actions of discriminating against Timothy
based on his gender, while acting under color of state law as public school
officials and administrators, deprived Timothy of his rights to equal
protection under the law as guaranteed by the Fourteenth Amendment and 42
U.S.C. §1983

SECOND CAUSE OF ACTION-EQUAL PROTECTION
(All Defendants)



97. Defendants' aforestated actions of discriminating against Timothy
based on his sexual orientation, while acting under color of state law as
public school officials and administrators, deprived Timothy of his right to
equal protection under the law as guaranteed by the Fourteenth Amendment and
42 U.S.C §1983.


THIRD CAUSE OF ACTION-SUBSTANTIVE DUE PROCESS
(All Defendants)



98. Defendants' aforestated actions of discriminating against Timothy by
failing in their affirmative duty under Title IX to protect Timothy from
known acts of harassment that were so sever, pervasive, and objectively
offensive that the acts effectively denied Timothy access to defendants'
educational and benefits and opportunities deprived him of his right to
substantive due process under the law as guaranteed by the Fourteenth
Amendment and 42 U.S.C. §1983.

FOURTH CAUSE OF ACTION-SUBSTANTIVE DUE PROCESS
(All Defendants)

99. Defendants' aforesaid actions have deprived Timothy of his liberty
interest in personal security, by affirmatively demonstrating to the
perpetrating student's in Timothy's school that the sexual harassment and
assaults on Timothy would be treated by defendants with deliberate
indifference, thereby leaving Timothy even more vulnerable to foreseeable
future harassment and injury which deprived him of his right to substantive
due process under the law as guaranteed by the Fourteenth Amendment and 42
U.S.C. §1983.. Because of the compulsory attendance requirements of a
public education, defendant District's ineffective, uninspired and
unsympathetic remedies in response to Timothy's complaints substantially
contributed to the creation of an environment more physically and
emotionally dangerous to Timothy than any dangers Timothy faced from the
public at large.


FIFTH CAUSE OF ACTION-TITLE IX ( 9 )
(Titusville Area School District)



100. Section 1681 of Title 20 of the United States Code prohibits gender
discrimination in educational programs receiving financial assistance:"

No person in the United States shall, on the basis of sex, be excluded
from the participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal
financial assistance...



101. The gender based failure to protect Timothy from the harassment of
fellow students violates his rights under Title IX.

102. As a result of defendants' aforestated actions, Timothy has been
subject to continuing and irreparable harm and have been damaged as alleged
herein.


REQUEST FOR RELIEF

WHEREFORE, plaintiff respectfully requests that this court
grant the following relief:

1. Issuance of a declaratory judgment to the effect that defendants have
violated Timothy's constitutional and statutory rights;

2. Entry of a permanent injunction directing defendants to take effective
remedial action to eliminate the hostile educational environment and
correct and prevent other violations of Timothy's constitutional and
statutory rights;

3. Award plaintiff compensatory damages in an amount to be determined at
trial to compensate Timothy for those injuries suffered as a result of
defendants' conduct;

4. Award punitive damages in an amount to be determined at trial against
each individual defendant;

5. Award reasonable counsel fees and costs; and

6. Award such other relief as this court deems just and deserving.

JURY TRIAL DEMANDED
Dated: June 8, 2000

David C. Long
Pa I.D. 39035
Box 21 A
Oliveburg, PA 15764
(814) 938-7706

Michael L. Rosenfield
Pa I.D. 16480
1808 Law & Finance Building
Pittsburgh, PA 15219
(412) 281-6800

Counsel for Plaintiffs