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Case 1:19-cv-00895-UN1 Document 1 Filed 05/24/19 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF PENNSYLVANIA

JANE DOE, CIVIL ACTION

Plaintiff, No.

v.

CHAMBERSBURG AREA SCHOOL


DISTRICT, CATHY DUSMAN,
individually and in her official capacity,
JOSEPH PADASAK, individually and in
his official capacity, KATHERINE
BARNHART, individually and in her
official capacity, JEFFREY HAND,
individually and in his official capacity and
JOHN DOES 1-5, individually and in their
official capacity,

Defendants. JURY TRIAL DEMANDED

COMPLAINT

AND NOW, comes Plaintiff Jane Doe, by and through counsel Robert A.

Bracken, Esquire and Bracken Law Firm, LLC and files the following Complaint and

avers as follows:

PARTIES AND JURISDICTION

1. Plaintiff Jane Doe is an adult individual that resides in Franklin County,

Pennsylvania. As Plaintiff was a 17-year old student in the Chambersburg Area School

District when she was a victim of institutional sexual assault and corruption of minors,

she has been identified as Jane Doe; however, Defendants know her identity. Plaintiff

has not yet reached the age of 20.

2. Defendant Chambersburg Area School District (“CASD”) is a

governmental entity and/or political subdivision of the Commonwealth of Pennsylvania


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located at 435 Stanley Avenue, Chambersburg, PA 17201. CASD provides public

education to students that reside within the school district.

3. Defendant Cathy Dusman, presently and at all times relevant, was

employed by CASD. Claims are being asserted against Dr. Dusman individually and in

her official capacity.

4. Defendant Joseph Padasak, presently and at all times relevant, was

employed by CASD. Claims are being asserted against Dr. Padasak individually and in

his official capacity.

5. Defendant Katherine Barnhardt, presently and at all times relevant, was

employed by CASD. Claims are being asserted against Ms. Barnhardt individually and in

her official capacity.

6. Defendant Jeffrey Hand, is an adult individual currently serving a one to

five-year prison sentence. At the time of the events set forth herein, Hand was a soccer

coach employed by CASD. Claims are being asserted against Mr. Hand individually and

in his official capacity.

7. Defendants John Does 1-5, are adult individuals that were administrators

and/or appropriate persons with decision-making authority employed by CASD. Claims

are being asserted against John Does 1-5 individually and in their official capacities.

Jurisdiction and Venue

8. Plaintiff brings these claims under 42 U.S.C. § 1983, Title IX of the

Education Amendments of 1972, 20 U.S.C. § 1681, et seq. and state law.

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9. The Court has jurisdiction over these claims pursuant to 28 U.S.C. § 1331

and § 1343. The Court has supplemental jurisdiction over Plaintiff’s state law claims

pursuant to 28 U.S.C. § 1367.

10. Venue is appropriate in this Court under 28 U.S.C. § 1391 because a

substantial part of the events giving rise to this Complaint occurred in Franklin County,

Pennsylvania.

FACTUAL ALLEGATIONS

CASD Soccer Coach Grooms and Preys Upon Plaintiff Jane Doe

11. Since approximately 2011, Jeffrey Hand acted in a soccer coach capacity

at CASD. Mr. Hand also acted as a soccer coach for the Chambersburg Youth Soccer

Association (“CYSA”) at times during his employment with CASD.

12. Mr. Hand was also a licensed therapist during the time of his employment

with CASD.

13. Jane Doe was a 17-year-old Chambersburg Area High School student and

soccer player at the time of her sexual assault by Mr. Hand.

14. Mr. Hand had known Jane Doe since she was about 10 years old, as he

was her CYSA soccer coach.

15. Mr. Hand is approximately twice Jane Doe’s age.

16. When Jane Doe was 16 and following the permanent exit of her father

from Jane Doe’s home after her parents’ divorce, Mr. Hand began grooming Jane Doe.

The grooming that began in Jane Doe’s junior year of high school continued through part

of her senior year of high school.

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17. Initially, Mr. Hand’s overtures appeared innocuous. For example, Mr.

Hand invited Jane Doe to help him with junior high school soccer tryouts, which Jane

Doe did. Similarly, Mr. Hand volunteered to drive and did drive Jane Doe to soccer

camps and competitions.

18. Over time, Mr. Hand’s grooming became more targeted to Jane Doe.

19. Mr. Hand invited Jane Doe to his apartment to provide her with a book he

purchased for her and Jane Doe did visit his apartment for this reason.

20. Mr. Hand invited Jane Doe to go hiking and did go hiking with Jane Doe.

21. Mr. Hand invited Jane Doe to go out to dinner following soccer games and

did have such dinners with Jane Doe.

22. Mr. Hand invited Jane Doe to his apartment to play Uno and watch

television and Jane Doe did go to his apartment.

23. Mr. Hand invited Jane Doe to his apartment to assist her with her college

applications and Jane Doe did go to his apartment.

24. Mr. Hand often “counseled” Jane Doe regarding personal matters such as

the divorce of her parents during their private time together.

25. Eventually, Mr. Hand succeeded with his grooming and began engaging in

sexual acts with Jane Doe.

26. The first sexual encounter occurred in September 2016 at Mr. Hand’s

parents’ home after Mr. Hand plied Jane Doe with alcohol; Mr. Hand’s parents were not

present.

27. A few days after the encounter, Jane Doe was injured playing soccer for

CASD.

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28. Mr. Hand fondled Jane Doe by intentionally grabbing her buttocks while

assisting her off the field.

29. Thereafter, Mr. Hand continued to engage in sexual acts with the student,

Jane Doe, while often plying her with alcohol.

30. Most of the sexual encounters occurred at Mr. Hand’s apartment.

31. The last sexual encounter between Mr. Hand and Jane Doe occurred on or

about December 13, 2016.

32. Mr. Hand’s conduct was unlawful sexual assault.

33. On or about February 7, 2018, Mr. Hand was convicted of felony

institutional sexual assault and felony corruption of minors resulting from his wrongful

conduct with Jane Doe and received a one to five-year prison sentence, followed by five

years of probation.

34. As part of his sentence, Mr. Hand must also undergo sex offender

treatment and is not allowed to contact Jane Doe or have unsupervised contact with

anyone under the age of 18.

CASD was Aware of Prior Allegations of Inappropriate Relationships Between Hand


and Students

35. Upon information and belief, sometime during his employment with

CASD, and prior to 2016, Mr. Hand was accused of assaulting another CASD student.

36. Upon information and belief, as a result of this accusation, Hand was

temporarily suspended while CASD investigated. He was also suspended from CYSA

during the investigation.

37. Thus, upon information and belief, one or more of John Does 1-5, had

knowledge of these accusations about Mr. Hand.

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38. Yet, upon information and belief, CASD, through one or more of John

Does 1-5, chose not to involve the Pennsylvania State Police but rather handled the

investigation internally.

39. Upon information and belief, following CASD’s internal investigation,

Mr. Hand was reinstated by one or more of John Does 1-5 and permitted to continue

coaching without appropriate monitoring or discipline.

40. Subsequently, Mr. Hand was witnessed engaging in inappropriate

behavior with female soccer students.

41. Upon information and belief, a complaint was made by a female CASD

high school junior varsity soccer coach to either the Head Coach for CASD soccer or the

CASD Athletic Director (or both) about her witnessing Mr. Hand telling the junior

varsity players to lift up their shirts during practice. It appears that no permanent (or any

for that matter) corrective action was taken. The complainant subsequently resigned her

position as junior varsity soccer coach with CASD when nothing was done about her

complaint.

42. In approximately 2016 Mr. Hand was retained by CASD as the junior

varsity soccer coach reporting to newly hired Head Coach Ed Franchi.

43. Upon information and belief, CASD, through one or more of John Does 1-

5, failed to adequately consider Mr. Hand’s troubling background when making the

decision to hire and retain Mr. Hand.

44. As should have been expected, Mr. Hand continued to engage in

inappropriate conduct with female students after he was hired by CASD.

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45. Head Coach Franchi stated that he saw the need to counsel Mr. Hand

regarding his “disturbing” behavior with female CASD soccer players which he

described as Mr. Hand being “too handsy”. Notwithstanding, it appears that no report of

Mr. Hand’s “disturbing” behavior was made to anyone outside of CASD. Further, it

appears that the CASD took no permanent disciplinary measures (or any) as a result of

such “disturbing” behavior. CASD permitted Mr. Hand to continue as the CASD junior

varsity soccer coach.

46. CASD’s decisions, through John Does 1-5 regarding the hiring and

continued employment of Mr. Hand despite multiple “disturbing” incidents involving

him with minor, female soccer players - including those listed above - jeopardized the

safety of Jane Doe and her teammates.

47. As a result, Mr. Hand was put in a position that allowed him to target and

groom Jane Doe – ultimately, engaging in sexual relations with her, while plying her

alcohol.

48. The failures by CASD, through one or more of John Does 1-5, including

the failure to adequately screen Mr. Hand’s background prior to hiring/retaining him; the

failure to report “disturbing” behavior brought to their attention to the proper authorities

as required by applicable law; and the failure to adequately investigate and discipline

“disturbing” behavior brought to their attention amounts to a reckless indifference to the

safety of CASD students.

49. This reckless indifference allowed Mr. Hand to continue preying upon

Jane Doe.

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50. Teachers, coaches and school administrators owe a duty of care to their

students, which includes (i) a requirement that they promptly and adequately report any

reasonable suspicion of sexual assault or the corruption of its students to authorities as

mandated by law; (ii) a requirement that they properly screen teachers, coaches and

school administrators at the time of hiring; (iii) a requirement that they adequately

investigate reports of inappropriate conduct by other teachers, coaches and school

administrators regarding a student; and (iv) a requirement that they invoke appropriate

discipline if a teacher, coach or school administrator demonstrates inappropriate conduct

involving a student.

51. Notwithstanding, CASD, through one or more of John Does 1-5 made the

affirmative decision not to report such concerns – including allegations that could have

constituted crimes. Further CASD, through one or more of John Does 1-5 failed to

adequately investigate reports of Mr. Hand’s inappropriate conduct, failed to conduct an

adequate hiring screen when hiring Mr. Hand and failed to take adequate (or any)

discipline pertaining to reported misconduct.

52. The conduct of CASD and CASD’s failures to properly act, through one

or more of John Does 1-5, emboldened Mr. Hand and left his female students vulnerable

to his on-going conduct.

Jane Doe is Victimized in a Meeting with Senior Administrators Following CASD


Learning of Hand’s Sexual Assault

53. On December 14, 2016, Jane Doe was suddenly pulled into a meeting with

4 CASD senior administrators, including male administrators. These senior

administrators included Principal Cathy Dusman, Assistant Principals Jaime Vinglass and

Brad Ocker, and Athletic Director Jeremy Flores.

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54. Jane Doe was told that the meeting was the result of a report being made

to CASD about the inappropriate relationship involving Mr. Hand and Jane Doe.

55. The date that CASD received this report is presently unknown.

56. At some point after the meeting was in progress, Jane Doe’s mother was

called and permitted to attend.

57. Throughout that meeting, Jane Doe was humiliated, verbally attacked and

accused by the senior administrators present.

58. The attacks and accusations included those of Dr. Dusman – who berated

Jane Doe, shook her head in disgust at Jane Doe, demanded Jane Doe’s phone and

passcode, searched her private text messages and insisted that Jane Doe answer her

questions. Dr. Dusman even called Jane Doe a “liar” in the meeting.

59. More shocking was that the meeting turned into an interrogation of Jane

Doe’s sexual activity. This included Ms. Vinglass asking Jane Doe’s mother (in the

presence of Jane Doe) whether she was “sexually active” - stating that she had “heard”

that Jane Doe was.

60. Based upon Ms. Vinglass’ accusation, it appears that rumors were

circulating regarding Jane Doe being “sexually active” – which upon information and

belief, was directly associated with Mr. Hand’s sexual assaults of Jane Doe.

61. Upon information and belief, these rumors made their way to senior

administrators at CASD, yet it appears that no action was taken until a “formal report”

was made prior to the December 14, 2016 meeting.

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62. The conduct of the CASD senior administrators in the meeting was so

deplorable that Jane Doe’s mother had to remind them multiple times that Jane Doe was

the victim.

63. During the meeting, Jane Doe tried to cooperate with the demands of the

senior administrators after she was assured that everything discussed would be kept

confidential and “not leave the room.”

64. At no time prior to this meeting were police notified as required by

applicable law. Jane Doe’s mother later learned directly from Superintendent Joseph

Padasak that he had instructed Dr. Dusman “not to touch” the situation and to

immediately contact the police, but that Dr. Dusman disregarded his specific instructions.

Notwithstanding his receipt of the report, Dr. Padasak did not himself contact the police,

did not attend the meeting on December 14, 2016 and did not follow up to ensure that his

directions regarding handling of the matter were followed.

65. As the meeting progressed, Jane Doe became increasingly distraught. By

the end of the meeting, Jane Doe was in shock and hysterical. Jane Doe’s condition was

so uncharacteristically fragile that her mother took her from the meeting to the

Chambersburg Hospital Emergency Room.

66. Jane Doe’s mother also arranged for a licensed therapist to talk with Jane

Doe following her release from the hospital, as she was so alarmed and very concerned

that Jane Doe might be suicidal.

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Jane Doe is Bullied by a Teacher and Students After CASD Breaches its
Promise of Confidentiality and Fails to take Corrective Action

67. Despite the promise of confidentiality, Dr. Dusman promptly held a

meeting with the CASD faculty and informed them all of the report – including Jane

Doe’s identify.

68. Thereafter, teacher Katherine Barnhart (who at one time had a romantic

relationship with Mr. Hand) started discussing these events – including Jane Doe

specifically – with Jane Doe’s peers (other students).

69. Ms. Barnhart’s conduct was outrageous and calculated to cause Jane Doe

enormous embarrassment, humiliation and severe emotional distress; Ms. Barnhart was

successful.

70. Indeed, Ms. Barnhart encouraged bullying and harassment of Jane Doe,

which included and led to Jane Doe being called, among other things, a “whore,” “slut,”

“disgusting,” “gross,” “f*cked up,” and stating that she should be “in jail” rather than Mr.

Hand.

71. Ms. Barnhart’s bullying and harassing behavior began soon after the

December 14, 2017 meeting and continued throughout the remainder of the school year.

72. In particular, Ms. Barnhart encouraged one particular student, who hung

out with Ms. Barnhart outside of school, interacted with Ms. Barnhart on social media

and through text messages and was essentially Ms. Barnhart’s sidekick, to bully Jane

Doe.

73. In fact, this student apologized to Jane Doe after her high school

graduation and admitted that she acted the way she did and did not apologize earlier

because she did not want to upset Ms. Barnhart.

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74. The bullying included students keying Jane Doe’s car and shooting it with

paintballs.

75. The bullying and harassment Jane Doe experienced were on the basis of

sex and related to the sexual assaults that Mr. Hand had committed.

76. This harassment caused Jane Doe severe and on-going emotional distress

and often led Jane Doe to a sympathetic teacher’s classroom to talk about the bullying

and harassment she was experiencing while she was crying.

77. The bullying contributed to Jane Doe’s need for medical care and

treatment and often led Jane Doe to skip school.

78. Jane Doe pleaded with to Dr. Dusman herself to take action to stop the

bullying, yet her concerns were intentionally ignored.

79. Jane Doe’s mother pleaded with both Dr. Dusman and Dr. Padasak in

writing about Ms. Barnhart’s behavior, yet her concerns were intentionally ignored.

80. During the holiday break, Jane Doe’s mother contacted Dr. Padasak and

requested a “re-entry plan” for Jane Doe’s returned to school in January. She expressed

her concern about how cruel people can be and wanted a safe emotional and physical

environment for Jane Doe. Despite Dr. Padasak’s promise that action would be taken to

ensure her safe return nothing at all was done and the harassment and bullying behavior

continued after Jane Doe returned to school in January. This includes Ms. Barnhart’s

continuing to spread rumors and engaging in gossip regarding Jane Doe and Mr. Hand.

81. Jane Doe, as to be expected of any minor child, experienced serious

emotional distress and physical symptoms from the sexual assaults and from CASD’s

gross - and in some cases intentional - mishandling of the incident.

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82. Accordingly, instead of experiencing the joy of her high school senior

year, Jane Doe experienced regular and severe harassment, bullying and humiliation.

Jane Doe often skipped classes to get away from the harassment, bullying and

humiliation and went through medical treatment and counseling to try and cope.

83. Jane Doe continues to experience physical and emotional issues and

remains in counseling today.

COUNT I - Violation of the Fourteenth Amendment of the United States


Constitution brought pursuant to 42 U.S.C. § 1983

Plaintiff v. All Defendants

84. Plaintiff incorporates by reference herein Paragraphs 1 through 83 of the

Complaint as if fully set forth herein.

85. All named Defendants were state actors at all times relevant to the claims

in this Complaint.

86. The Fourteenth Amendment of the United States Constitution provides:

All persons born or naturalized in the United States, and


subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.

87. Jane Doe had a liberty interest in her bodily integrity and her reputational

integrity that were protected by the Fourteenth Amendment.

88. Further, a student’s right to be free from sexual assault is a clearly defined

Constitutional right, as is a student’s right to equal protection and to be free from sex-

based harassment.

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89. Yet, these Defendants violated Jane Doe’s due process and equal

protection rights, which rights are guaranteed by the Fourteenth Amendment.

90. Mr. Hand by committing institutional sexual assault and engaging in the

corruption of a minor violated Jane Doe’s Fourteenth Amendment Rights, including but

not limited to her due process rights, including her right to bodily integrity.

91. Ms. Barnhart by her own actions and by encouraging students to bully and harass

Jane Doe on the basis of her sex violated Jane Doe’s rights to equal protection and to be

free from sex-based harassment and violated Jane Doe’s due process rights, including her

right to her reputational integrity.

92. Defendants CASD, Dr. Dusman, Dr. Padasak and John Doe’s 1-5 violated

Jane Doe’s Fourteenth Amendment rights under a Monell theory of liability.

93. Defendants CASD, Dr. Dusman, Dr. Padasak, Ms. Barnhart, Mr. Hand

and John Doe’s 1-5 violated Jane Doe’s Fourteenth Amendment Rights under a state-

created danger theory.

94. John Does 1-5, Dr. Padasak and Dr. Dusman possessed policymaking

authority for the specific supervisory decisions at issue here.

95. Furthermore, the failures of CASD, Dr. Dusman, Dr. Padasak and John

Does 1-5 to adequately implement effective policies, train its teachers, staff, agents and

administrators regarding those policies and/or enforce those policies reflects a deliberate

indifference to the Constitutional rights of CASD students, including Jane Doe,

particularly given the recurring situations involving Mr. Hand and Ms. Barnhart that

presented an obvious potential for continuing Constitutional violations (which did, in fact

occur).

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96. Upon information and belief, CASD, Dr. Padasak, Dr. Dusman and John

Does 1-5 failed to have effective polices, customs and practices in place and/or

adequately educate or train its teachers, administrators and staff and ensure their

compliance regarding the following:

(a) Obligations as mandatory reporters;

(b) Documentation of meetings, warnings and accusations of criminal


conduct or impermissible teacher/coach-student relationships;

(c) Institutional sexual assault and corruption of minors;

(d) Appropriately handling internal investigations to ensure they are


done adequately, fairly and do not subject a student to further
harassment or bullying;

(e) Appropriate student-teacher/coach boundaries and student-teacher


communications;

(f) Student-on-student discriminatory or sex-based harassment;

(g) How to identify, investigate, report and handle allegations of


teacher/coach-student sexual relations;

(h) How to identify, investigate, report and handle allegations of


student-on-student discriminatory or sex-based harassment;

(i) How to adequately screen applicants before hiring or retaining


them to ensure they do not pose a risk of harm to students;

(j) How to adequately discipline teachers or coaches engaged in


inappropriate relations with students; and

(k) Monitoring teachers/coaches that have been accused of


inappropriate relations with student(s).

97. The failure to enact, train and/or enforce policies in these regards amounts

to a deliberate indifference on behalf of the Chambersburg Area School District, Dr.

Dusman, Dr. Padasak and John Does 1-5, as they knew that employees of the district

would be confronted with complaints of inappropriate student-teacher/coach relations and

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inappropriate sex-based harassment and that a failure to properly handle such matters

could lead to a violation of a student’s Constitutional rights.

98. These failures reflected deliberate indifference to the Constitutional rights

of CASD students, including Jane Doe.

99. Further, the Chambersburg Area School District, Dr. Padasak, Dr. Dusman

and John Does 1-5 acted with deliberate indifference to the plight of Jane Doe, which

resulted in the deprivation of Jane Doe’s Constitutional rights.

100. These failures, as well as the customs, policies and habits enacted and

followed by the Chambersburg Area School District, Dr. Padasak, Dr. Dusman and John

Does 1-5 were a direct cause of harm to Jane Doe.

101. Furthermore, supervisory liability exists, as Dr. Padasak with respect to

Dr. Dusman and all other defendants and Dr. Dusman with respect to Ms. Barnhart and

all other defendants, had knowledge of and acquiesced, condoned, permitted and/or failed

to end Mr. Hand’s and Ms. Barnhart’s on-going violations of Jane Doe’s rights, as

illustrated in detail throughout the complaint.

102. CASD is also liable for its failure to adequately screen Mr. Hand prior to

hiring / retaining him.

103. Adequate scrutiny of Mr. Hand’s background should have led CASD or

any reasonable administrator to conclude that Mr. Hand should not be coaching minor,

female students, as it would jeopardize their rights to bodily integrity.

104. Moreover, CASD is liable for its failure to adequately discipline Mr. Hand

given his prior history of inappropriate conduct towards female students.

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105. The failure to adequately discipline Mr. Hand emboldened him to engage

in further reprehensible conduct with female students.

106. Additionally, there was a state-created danger.

107. The harm suffered by Jane Doe, being subjected to sexual assault, was

foreseeable, particularly given that there had been reports to CASD and John Does 1-5

regarding Mr. Hand engaging in inappropriate sexual behavior involving other students

prior to Mr. Hand preying upon Jane Doe.

108. Furthermore, upon information and belief, there had been reports and

rumors regarding Mr. Hand’s illicit sexual conduct with Jane Doe for months, yet CASD,

Dr. Dusman, Dr. Padasak and John Does 1-5 refused to timely involve the police

department.

109. Moreover, Jane Doe and her mother repeatedly reported Ms. Barnhart’s

bullying and harassing behavior that created a hostile educational environment.

110. Thus, clearly the harm to Jane Doe was foreseeable.

111. Next, Mr. Hand, a state actor, acted with a degree of culpability that

shocks the conscience by engaging in institutional sexual assault and corruption of a

minor.

112. Ms. Barnhart, a state actor, acted with a degree of culpability that shocks

the conscience by engaging in and encouraging other students to engage in the sex-based

harassment, bullying and humiliation of Jane Doe.

113. Additionally, Dr. Dusman, a state actor, acted with a degree of culpability

that shocks the conscience by engaging in bullying, harassment and humiliation of Jane

Doe during the December 14, 2019 meeting, intentionally choosing not to immediately

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involve the police despite Dr. Padasak’s instruction to do so, subsequently betraying the

confidentiality promised to Jane Doe by revealing her identity to others within the school

and intentionally choosing to do nothing regarding the on-going sex-based harassment

Jane Doe was experiencing.

114. Dr. Padasak, a state actor, acted with a degree of culpability that shocks

the conscience by intentionally choosing not to involve the police, intentionally choosing

not to properly supervise or monitor CASD’s handling of the reported sexual assault and

intentionally choosing to do nothing regarding the on-going sex-based harassment Jane

Doe was experiencing.

115. Furthermore, the conduct of John Does 1-5 in intentionally choosing to not

thoroughly investigate the prior allegations of Mr. Hand or to timely enlist the police or

other authorities shocks the conscience.

116. Finally, the state actors, Mr. Hand, Dr. Dusman, Ms. Barnhart and John

Does 1-5, affirmatively used their authority in ways to create a danger and/or rendered

Jane Doe more vulnerable to danger than if they had never acted.

117. Indeed, students have a clearly established right not to be sexually abused

by their teachers or sexually harassed and bullied by students and teachers, and that

supervising school officials clearly violate students’ rights, as they did here, if their

conduct somehow approves of or assists the abusers’ actions.

118. These affirmative acts (or failures to act) were gross abuses of authority

which caused Jane Doe substantial and forseeable harm.

119. Jane Doe has suffered physical and emotional harm and monetary loss and

is entitled to and seeks all available damages recoverable against CASD, Dr. Dusman,

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Dr. Padasak, Ms. Barnhart, Mr. Hand and John Does 1-5, including but not limited to the

following:

a. Past, present and future loss of earnings;

b. Past, present and future loss of earning capacity;

c. Past, present and future reduction in earning capacity;

d. Past, present and future loss of work life expectancy;

e. Past, present and future medical expenses of an undetermined


amount;

f. Loss of pleasures and enjoyment of life, past present and future;

g. Past, present and future physical and mental pain, suffering and
inconvenience with respect to the above injuries;

h. Impairment of Plaintiff’s general health, strength and vitality;

i. Loss of feeling of wellbeing;

j. Diminished quality of life;

k. Worry, anxiety, apprehension, embarrassment and frustration;

l. Undue mental anguish and personal indignity;

m. Diminished reputation or status; and

n. Attorney’s fees, costs and interest.

120. Additionally, the conduct of Dr. Dusman, Dr. Padasak, Ms. Barnhart, Mr.

Hand and John Does 1-5 (who have all been named in their individual capacity as well)

warrants the imposition of punitive damages, as each individual’s conduct involved

reckless or callous indifference to the federally protected rights of others, including Jane

Doe.

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WHEREFORE, Plaintiff demands judgment jointly and severally for all available

damages in an amount sufficient to compensate Plaintiff, together with interest, costs,

attorney’s fees and any other appropriate or available relief.

COUNT II - Sexual Harassment in violation of Title IX

Plaintiff v. Chambersburg Area School District

121. Plaintiff incorporates Paragraphs 1 through 120 as if fully set forth herein.

122. There is an implied private right of action for monetary damages under

Title IX of the Education Amendments of 1972.

123. Jane Doe was subjected to sexual harassment in violation of Title IX.

124. Mr. Hand unquestionably engaged in sexual harassment of Jane Doe, as

Mr. Hand was convicted of the corruption of a minor and institutional sexual assault of

Jane Doe.

125. Additionally, Jane Doe experienced severe, pervasive and objectively

offensive and outrageous harassment, bullying and humiliation on the basis of her sex at

the hands of Ms. Barnhart and various students who were encouraged to do so by Ms.

Barnhart.

126. This on-going harassment created a disparately hostile and abusive

educational environment that was so severe, persistent, pervasive and objectively

offensive that it severely limited Jane Doe’s ability to participate in or benefit from the

educational program - thus effectively denying her equal access to educational resources

and opportunities.

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127. As discussed herein at length, CASD had actual notice of the on-going

sexual harassment and intentionally failed to act when it had a clear duty to act to protect

CASD students including Jane Doe.

128. One or more of John Does 1-5 were aware of Mr. Hand’s prior history of

reported sexual harassment and misconduct with female students.

129. Mr. Hand’s prior conduct demonstrated to CASD a pattern of and

propensity for sexual harassment.

130. Moreover, upon information and belief, one or more of John Does 1-5

were aware of, at the very least, rumors of Mr. Hand’s inappropriate relationship with

Jane Doe prior to the final assault on December 13, 2016.

131. Nonetheless, CASD failed to investigate the rumors or to adequately

monitor or discipline Mr. Hand.

132. John Does 1-5 were appropriate persons that possessed the authority to

institute corrective measures with respect to teacher misconduct and investigate

complaints.

133. Upon information and belief, Dr. Padasak and Dr. Dusman, the principal,

were aware of the sex harassment Jane Doe was experiencing, which was being

encouraged by Ms. Barnhart.

134. Dr. Padasak and Dr. Dusman possessed authority to supervise and

investigate complaints of student and teacher misconduct and undertake disciplinary or

other corrective action, yet they intentionally failed to take any action to end Ms.

Barnhart’s conduct.

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135. The response to the harassment by the CASD, through Dr. Padasak, Dr.

Dusman and one or more of John Does 1-5, however, amounted to deliberate

indifference.

136. Indeed, their responses were clearly unreasonable in light of known

circumstances.

137. Further, their responses caused Jane Doe to be more vulnerable to the

continued harassment.

138. Jane Doe has suffered physical and emotional harm and monetary loss and

is entitled to and seeks all available damages recoverable against CASD, including but

not limited to the following:

a. Past, present and future loss of earnings;

b. Past, present and future loss of earning capacity;

c. Past, present and future reduction in earning capacity;

d. Past, present and future loss of work life expectancy;

e. Past, present and future medical expenses of an undetermined


amount;

f. Loss of pleasures and enjoyment of life, past present and future;

g. Past, present and future physical and mental pain, suffering and
inconvenience with respect to the above injuries;

h. Impairment of Plaintiff’s general health, strength and vitality;

i. Loss of feeling of wellbeing;

j. Diminished quality of life;

k. Worry, anxiety, apprehension, embarrassment and frustration;

l. Undue mental anguish and personal indignity;

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m. Diminished reputation or status; and

n. Attorney’s fees, costs and interest.

WHEREFORE, Plaintiff demands judgment for all available damages in an

amount in sufficient to compensate Plaintiff, together with interest, costs, attorney’s fees

and any other appropriate or available relief.

COUNT III - Retaliation in violation of Title IX

Plaintiff v. Chambersburg Area School District

139. Plaintiff incorporates Paragraphs 1 through 138 as if fully set forth herein.

140. Jane Doe participated in protected activity when she told Dr. Dusman and

others during the December 14, 2016 meeting that Mr. Hand had engaged in sexual

intercourse with her, which was a felony.

141. Jane Doe’s statements and identity became known broadly to the CASD

faculty, including its school board, administration, teachers and staff due to the

intentional violation of promised confidentiality by Dr. Dusman.

142. Thereafter, as described throughout the Complaint, Jane Doe was

subjected to retaliation and adverse actions by CASD.

143. Jane Doe was humiliated during the December 14, 2016 meeting and after

she was identified by Dr. Dusman to the CASD faculty in intentional violation of the

promised confidentiality.

144. CASD teacher Ms. Barnhart humiliated, harassed and bullied Jane Doe by

engaging in gossip sessions and encouraging others to harass, humiliate and bully Jane

Doe, which caused her significant harm and distress.

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145. Such conduct amounted to adverse actions, as it might have dissuaded a

reasonable person from engaging in protected activity such as opposing or reporting the

sexual harassment to which Jane Doe had been and was being subjected.

146. And, despite CASD’s principal Dr. Dusman and CASD Superintendent

Dr. Padasak having direct knowledge of Ms. Barnhart’s retaliatory conduct and on-going

harassment and bullying, nothing was done by either of them to stop it.

147. Jane Doe’s reporting of her sexual assault by. Hand and the gross

mishandling of the reported incident by CASD was the catalyst for Ms. Barnhart’s

wretched conduct and the on-going bullying and harassment of Jane Doe by Jane Doe’s

peers.

148. Accordingly, Jane Doe has suffered physical and emotional harm and

monetary loss and is entitled to and seeks all available damages recoverable against

CASD, including but not limited to the following:

a. Past, present and future loss of earnings;

b. Past, present and future loss of earning capacity;

c. Past, present and future reduction in earning capacity;

d. Past, present and future loss of work life expectancy;

e. Past, present and future medical expenses of an undetermined


amount;

f. Loss of pleasures and enjoyment of life, past present and future;

g. Past, present and future physical and mental pain, suffering and
inconvenience with respect to the above injuries;

h. Impairment of Plaintiff’s general health, strength and vitality;

i. Loss of feeling of wellbeing;

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j. Diminished quality of life;

k. Worry, anxiety, apprehension, embarrassment and frustration;

l. Undue mental anguish and personal indignity;

m. Diminished reputation or status; and

n. Attorney’s fees, costs and interest.

WHEREFORE, Plaintiff demands judgment jointly and severally for all available

damages in an amount sufficient to compensate Plaintiff, together with interest, costs,

attorney’s fees and any other appropriate or available relief.

COUNT IV - Intentional Infliction of Emotional Distress

Plaintiff v. Barnhardt and Hand

149. Plaintiff incorporates Paragraphs 1 through 148 as if fully set forth herein.

150. As described in detail throughout the complaint, Ms. Barnhardt and Mr.

Hand engaged in extreme and outrageous conduct that intentionally and/or recklessly

caused Jane Doe to suffer severe emotional distress.

151. Jane Doe has suffered physical and emotional harm and is entitled to and

seeks all available damages recoverable against Ms. Barnhardt and Mr. Hand, including

but not limited to the following:

a. Past, present and future loss of earnings;

b. Past, present and future loss of earning capacity;

c. Past, present and future reduction in earning capacity;

d. Past, present and future loss of work life expectancy;

e. Past, present and future medical expenses of an undetermined


amount;

f. Loss of pleasures and enjoyment of life, past present and future;

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g. Past, present and future physical and mental pain, suffering and
inconvenience with respect to the above injuries;

h. Impairment of Plaintiff’s general health, strength and vitality;

i. Loss of feeling of wellbeing;

j. Diminished quality of life;

k. Worry, anxiety, apprehension, embarrassment and frustration;

l. Undue mental anguish and personal indignity;

m. Diminished reputation or status; and

n. Attorney’s fees, costs and interest.

152. Additionally, the conduct of Ms. Barnhardt and Mr. Hand warrants the

imposition of punitive damages, as each individual’s conduct was objectively offensive

and outrageous and involved reckless or callous indifference to the rights of Jane Doe.

WHEREFORE, Plaintiff demands judgment for all available damages in an

amount sufficient to compensate Plaintiff, together with interest, costs, attorney’s fees

and any other appropriate or available relief.

COUNT V - Sexual Assault and Battery

Plaintiff v. Hand

153. Plaintiff incorporates Paragraphs 1 through 152 as if fully set forth herein.

154. As set forth in detail throughout this complaint, Mr. Hand engaged in the

illegal sexual intercourse and contact with Jane Doe when she was a 17-year-old high

school student.

155. In so doing, Mr. Hand also intended to cause a reasonable apprehension of

immediate harmful and offensive contact to Jane Doe.

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156. Mr. Hand’s conduct was unlawful, incapable of being consented to and

constituted institutional sexual assault and corruption of a minor.

157. As a result of Mr. Hand’s illegal conduct, Jane Doe sustained physical,

mental and emotional injuries,

158. Jane Doe has suffered physical and emotional harm and monetary loss and

is entitled to and seeks all available damages recoverable against Mr. Hand, including but

not limited to the following:

a. Past, present and future loss of earnings;

b. Past, present and future loss of earning capacity;

c. Past, present and future reduction in earning capacity;

d. Past, present and future loss of work life expectancy;

e. Past, present and future medical expenses of an undetermined


amount;

f. Loss of pleasures and enjoyment of life, past present and future;

g. Past, present and future physical and mental pain, suffering and
inconvenience with respect to the above injuries;

h. Impairment of Plaintiff’s general health, strength and vitality;

i. Loss of feeling of wellbeing;

j. Diminished quality of life;

k. Worry, anxiety, apprehension, embarrassment and frustration;

l. Undue mental anguish and personal indignity;

m. Diminished reputation or status; and

n. Attorney’s fees, costs and interest.

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159. Further, Mr. Hand’s conduct was reckless, outrageous, willful, wanton,

and intentional; thus, punitive damages are warranted.

WHEREFORE, Plaintiff demands judgment for all available damages in an

amount sufficient to compensate Plaintiff, together with interest, costs, attorney’s fees

and any other appropriate or available relief.

BRACKEN LAW FIRM, LLC

By /s/ Robert A. Bracken


Robert A. Bracken
PA ID 206095
BNY Mellon Center
500 Grant Street, Suite 2900
Pittsburgh, PA 15219
Tel. (412) 278-7402
Fax (412) 533-7030

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