STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF BENSON NORTHEAST JUDICIAL DISTRICT
Civil No. 03-08-C-171
JANIS SCHMIDT, )
WARWICK PUBLIC SCHOOL DIST. #29 )
CHARLES GUTHRIE, Supt. ) COMPLAINT AND
GENE RIEDINGER, Principal ) JURY DEMAND
SHIRLEY TIOKIASON, Counselor )
STEVEN MICHELS, teacher )
STEVE JACOBSON, Elem. Prin. )
DONNA CHRISTOFFERSON )
JOHNNY MCKELVEY )
LARRY THIELE )
BERNADETTE BROWN )
KAY GRAVDAHL )
MYRA PEARSON, Tribal chairwoman )
COMPLAINT AND JURY DEMAND
1. Plaintiff Janis Schmidt is an individual residing in Warwick in Benson County, formerly employed by Warwick Public School as the art teacher for school year 06-07.
2. Defendant Warwick Public School District #29 is a state run school, operated by the State of North Dakota and located within the exterior boundaries of the Spirit Lake Reservation in Warwick, North Dakota.
3. Defendant Charles Guthrie, sued individually and in official capacity, is the superintendent at Warwick Public School in 06-07.
4. Defendant Gene Riedinger, sued individually and in official capacity, was principal at WPS in 06-07. His relationship with WPS terminated in June of 07
5. Defendant Ms. Tiokason, (aka Erickson) sued individually and in official capacity, was a counselor during 06-07 school year at WPS.
6. Defendant Steve Jacobson, dismissed by plaintiff.
7. Defendant Larry Thiele, dismissed by plaintiff..
8. Defendant Bernadette Brown, dismissed by plaintiff.
9. Defendant Kay Gravdahl, dismissed by plaintiff.
10. Defendant Donna Christofferson, dismissed by plaintiff.
11. Defendant Johnnie Mckelvey, dismissed by plaintiff.
12. Defendant Steven Michels, sued individually and in his official capacity.
13. Defendant Myra Pearson, dismissed by plaintiff.
14. This is an action by the Plaintiff, Janis Schmidt, against Warwick Public School District #29 acting through the administration, school board, teacher, and tribal chairwoman, alleging non-compliance with Child Abuse laws pursuant to NDCC 50-25.1-03, and non-compliance with Child Abuse retaliation law pursuant to NDCC 50-25.1-09 leading to wrongful dismissal pursuant to NDCC 15-47-38, and official oppression of civil rights and discrimination in public places, pursuant to NDCC 12.1-14, and denial of rights, privileges, and immunities as guaranteed in the North Dakota Constitution.
15. On July 17, 2006, I signed a contract with Warwick School for the 06 – 07 school year to teach for a term of 9 months, beginning August 23, 2006, at an annual salary of $29,150. (Available for trial, as Ex. A is a true and complete copy of Teacher’s Contract, dated July 17, 2006.)
16. I was hired to teach because of my excellent credentials, and my 14 year experience of teaching at Oglala Lakota College on the Pine Ridge Indian Reservation. (Available for trial as Ex. B is a true and complete copy of Educator’s Professional License and Oglala Lakota College list of classes taught.)
17. August 23, 2006, the first day of classes, Mr. Michels, the music teacher, complained to Mr. Riedinger, the HS Principal that I was inappropriately talking to Native American students about their history and culture. Mr. Riedinger demanded that I not talk to Native American students about their history and culture. Mr. Michels believed that Indian youth were better off mainstreaming into American society without learning of their traditions and culture.
18. In late September, 2006, M H, announced, during 9th grade art class, that she had been raped, and that the school had done nothing about it during the last week of September, 2006. I immediately reported to both Riedinger and Guthrie in Guthrie’s office. Instead of reporting to Social Services, Defendants Guthrie, Riedinger, and Tiokiason, acting in their official capacity, attempted to cover up their failure to report by expelling Miranda from school, without a hearing. Defendants knew or should have known that M H was also on an IEP, yet they expelled her without a hearing, in violation of NDCC 15.1-19-09 Students - Suspension and expulsion, and Rules 45 CFR 99.30/99.31 Regulations.
19. Under NDCC 50-25.1-03, I had a duty to report the rape and I told both Mr. Reidinger and Mr. Guthrie, in Mr. Guthrie’s office. Mr. Guthrie told me I could consider it reported, and that they would take care of it.
20. Shortly thereafter, M. H. began missing class. When I asked her about it, she said Mr. Riedinger had given her a hall pass to walk the halls to work off her anger issues. One day in class, M H was not participating in the drawing assignment. She said she couldn’t hold a pencil to draw, because Mr. Riedinger had her working out in the gym on a punching bag, with his photo on the bag.
21. Two weeks later, M H was expelled from Warwick School, without a hearing, for having punched Mr. Riedinger.
22. Immediately after M H was expelled, Mr. Riedinger began sabotaging my authority as the class room teacher, by interfering with my class discipline, removing students, telling students they could get up and leave the classroom, and frivolously removing students from my classes.
23. Mid 9 weeks, 7th English was suddenly switched by Riedinger, Guthrie, and Jacobson, from 4th to 7th hour. Teacher next door, making discipline very difficult. Ms. Armstrong would report to Mr. Riedinger that I had no control over my classes.
24. One day, Mr. Riedinger burst into my reading class, and accused me of giving a two-way radio to a 7th grader, who then was allegedly making obscene pronouncements heard all over the school. Two hours later, without notice, Riedinger held my whole 7th grade class for an hour, instead of allowing them to go to my English class. He demanded they tell him that I had given them a radio; he threatened them with the police if they didn’t admit it. In fact, no radio had been stolen, the 8th grade students in Mrs. Magnun’s room were using her 2-way behind her back to make their obscene pronouncements. Mr. Riedinger made no apologies to me or the 7th graders. His actions were amounted to kidnapping and unlawful detention, extortion, menacing threats, and harassment, and slander. (Available at trial as Ex. C is a true and complete copy of 7th graders’ statements.)
25. J J, a new student, 12 years old, was enrolled in both of my 7th grade classes sometime in November, 06. Jamie wanted to talk about Wounded Knee of 73, AIM, and Leonard Peltier, whom she was related to. J J wanted to be a part of the Indian civil rights movement, and asked me many questions about Leonard Peltier. She particularly admired Anna Mae Pictou Aquash.
26. J J talked to me about her personal life. I asked Ms. Toikiason, the counselor, to speak with J J. I only discovered that J J had been questioned about a rape after defendants Guthrie and Riedinger had performed sex talks to all students grade 7th-12th , taking a whole class period. I noticed a marked change in J J who was exhibiting moods of humiliation and despair. In December of 06, when I confronted Ms. Tiokiason, she admitted that Riedinger and Michels had questioned Jami concerning a rape. Yet Mr. Riedinger and Mr. Michels, music teacher and NEA representative, along with Ms. Tiokiason, all acting in their official capacity, did question J J in Ms. Tiokiason’s office, about a rape, without the knowledge or permission of Social Services, J J’s parents, or myself, in violation of Child Abuse laws concerning privacy and that only Social Services is authorized to investigate. Outraged, I accused Tiokiason of damaging a 12 year old who was having difficulty adjusting to a new school. Together, she and Mr. Guthrie came to my room and explained that I had a duty to report, and that J J had admitted to them that she had been raped, when in fact, J J had made no such admission, nor did Mr. Guthrie report any rapes to Social Services. At the time, I was deceived into believing that J J had admitted to Mr. Guthrie that she had been raped.
27. In November of 06, Mr. Reidinger appointed me to head a committee to plan a program for Native American day. Without notice or basis, Mr. Riedinger appointed Mr. Michels to take over the committee. Mr. Michels not only took over the committee, he told myself and 3 others, all women, “The students don't want to have to listen to any fucking Native American speakers.”
28. On November 14, 2006, I wrote up a grievance letter against Mr. Michels for his use of sexually explicit language. In accordance with policy, I gave it to Mr. Reidinger and Mr. Guthrie. (Available for trial as Ex. D is a true and complete copy of my Grievance Letter)
29. Without notice, on November 15, Mr. Riedinger ordered me to go to Mrs. Toikiason's office. Present were Mr. Riedinger, Mr. Michels, myself and Ms. Tiokiason. In violation of Grievance procedure, I had not been informed of this meeting, nor was I given any opportunity to present my facts or witnesses. My Grievance was not considered. Everything I reported was denied, and information was falsely put in the record about things I did not do, such as talk to students about Leonard Peltier and AIM.
30. The following day, without notice, Mr. Reidinger escorted me to Mr. Guthrie’s office. I was not informed of the nature of this meeting. I was held against my will in an extremely oppressive atmosphere of intimidation. Mr. Guthrie threatened me with dire consequences . because Mr. Michels felt threatened by my Grievance Letter. However, he didn’t follow through, when I demanded he call an attorney.
31. On November 22, 2006, Native American day at Warwick School, without notice or reason, Mr. Riedinger ordered me into Mr. Jacobson’s office. Once again, I was not given any reasons as to why I was held against my will in an extremely oppressive atmosphere of intimidation. With Mr. Jacobson present, Mr. Riedinger bullied and harassed me, accusing me of having an ulterior motive of attempting to file a lawsuit against him. He told me not talk to students about AIM, Wounded Knee, or Leonard Peltier. I told him I agreed to teach my art and English classes as hired by contract, that my first duty was to my students, to protect them from administrative abuse, that I agreed to obey North Dakota laws, and that I had signed an affidavit that I would uphold the U.S. Constitution, and that is what I agreed to.
32. Later, on Native American day, J J, came into the art room, followed by three girls. J J, all of a sudden, disappeared. J J’s friend told me she was being sexually harassed by the three girls who followed her, calling her names like tits, slut, and bitch. I reported this to Mr. Riedinger, who said he would take care of it, but he didn't.
33. A few days later, I reported to Mr. Guthrie that with J J being harassed.
34. Mr Guthrie, along with Mr. Riedinger, took the next day, all day, going from classroom to classroom, 7th through 12th grades, talking to students about rape, in violation of Child Abuse law NDCC 50-25.1-05.05. Guthrie then send out a memo of the staff meeting, to document that he and Mr. Riedinger had conducted a sex talks with each 7-12 grades. (Attached hereto as Ex. E is a true and complete copy of Guthrie’s memo noting the sex talks)
35. I went immediately to Ms. Toikison and asked if she had talked with J J. Tiokiason said she reported to Mr. Guthrie that I had told her that J J had been raped. She told me that Principal Riedinger and NEA rep and music teacher, Mr. Michels, questioned J J in her office about being raped, which she recorded for the record, in violation of NDCC 50-25.1-05.1.
36. Mr. Guthrie and Ms. Tiokiason soon appeared in my room, and assured me that I had done the right thing, and that everything was being taken care of. Ms. Tiokiason indicated that through the questioning, they had discovered that Jamie had been raped. Mr. Guthrie explained it was his duty to talk to students about rape.
37. Soon J J stopped coming to class. When I told Mr. Riedinger about her not coming to class, he said she was in detention, but I noticed she was attending her other classes, and instead of going to my classes, she went to other teacher’s classrooms.
38. Mr. Riedinger recommended to teachers that J J needed to be punished because “she taught a lesson by going to detention, and that we should look for reasons to put her in detention.” I told him that putting J J in detention was the wrong thing to do, that she needed to go to class, not detention. He said it was an administrative decision.
39. A little later, Mr. Reidinger marched me down to Mr. Guthrie’s office, in front of students, without notice, nor was I told the purpose of this meeting. I went through another terrifying inquisition styled interrogation. Guthrie told me in no uncertain terms that there is a chain-of-command in place and I was not to question administrative decisions. Guthrie told me that my student J J was not my problem or concern. I told Guthrie that he had enrolled her in two of my classes, and it is a teacher’s duty to know what is happening to her students. Guthrie told me that they could remove J J from my classes without consulting me or even giving me any reasons. I asked him if she told him she had been raped, why was he putting her in detention? Guthrie emphatically did not feel he had to answer any of my questions about what they were doing, stating, “It was an administrative decision.”
40. I had the 7th graders researching Wounded Knee of 1890 and the death of Sitting Bull. We made posters and a banner commemorating these 2 events. They put up pictures of Sitting Bull and Wounded Knee in the hallways.
41. Mr. Riedinger acted nice to me, and expressed interest in my South Dakota lawsuit. He allowed me to go home and work on my Appeals brief, which was due. As a token of my appreciation, I gave him a copy.
42. M H, the real rape victim, was still listed as enrolled. When I asked Mr. Guthrie about Miranda, he told me M H was on an IEP and she could not be expelled. He said she was being home schooled, when in fact, she was not being home schooled.
43. On December 15, 2006, Guthrie had a woman going around talking to all grades about rape and sexual abuse to all 7th-12th grades. Mr. Riedinger asked me to sit in on sexual abuse talk during the second hour, my prep period.<!--[if !supportFootnotes]--><!--[endif]-->
44. The 7th graders were not in my room in English class at their scheduled class time, with a scheduled teachers evaluation to take place. Mr. Riedinger suspended my teacher evaluation, without notice, and instead, he and Mr. Guthrie and some woman had a sex talk with my 7th graders, including J J, for the whole class period.
45. Right after lunch, on December 15, 2006, Mr. Reidinger informed me that we would do an instant evaluation, without notification or preparation, on the 9th grade art class, who was working on a Christmas project which did not represent my typical class. I had been available for an evaluation anytime prior to this. I objected, , but Mr. Riedinger and Mr. Guthried insisted I be evaluated at this time. Shortly thereafter, Mr. Reidinger gave me a very negative evaluation. He told me I had to sign it, but I refused. (Available for trial as Ex. F is a true and complete Riedinger’s teacher evaluation)
46. On or about December 27, I called Selina Horse, M H”s mother, to find out why M H was not coming to school. She told me her daughter had been expelled without a hearing, and that the school was trying to get her to sign off that she was being home schooled, but she refused to sign because M H was not being home schooled, nor did Selina qualify to home school. She told me about the rape and about M H's fight in school, how Mrs. Armstrong restrained her while another student kicked her in the mouth. (Attached as Ex. G, a true and complete copy of Affidavit of Selina Horse, mother of rape victim, attesting to the rape, suicide attempt, and her daughter’s expulsion.)
47. When I asked about the rapist, Selina said he was in tribal court. That’s when I realized that Guthrie had not reported the rape as required by law. That meant although I had reported to him, it was still unreported. Having a duty to report, I contacted Social Services to let them know that M H had reported to me in class, that she had been raped.
48. On or about January 29, 2006, I talked to M H”s mother who said that her daughter tried to kill herself again, and was hospitalized in Jamestown, and that she was to have no contact with M H. This was my realization that M H’s rape had not been reported. I was still confused about J J, remembering that Mr. Guthrie had told me that J J had admitted to them she had been raped. If they hadn’t reported, that meant I had not reported. I felt an obligation to tell the school board members, and I sent them a 29 page report on December 29, 2006. (Available at trial as Ex H, is a true and complete copy of December 29, 2006, Report to Warwick School Board)
49. Alarmed that a suicide attempt had taken place, and that Guthrie was not being truthful, I called J J’s father, the parent she lives with. I told him that Riedinger and Guthrie were saying that J J had been raped and that Guthrie and Riedinger had talked to all 7th-12th graders about rape, singling out J J as the rape victim. He was confused and furious. He was going to get a lawyer, and called his daughter, J J, and told her what I had said. J J called me. She was furious that I had told her father. Her father called me and asked if I would talk to his attorney. I agreed. Mr. Jones, the attorney located in Devils Lake, called me and asked if I had any evidence. I told him I would give him the same packet I had sent to the school board. Additionally, he said he would represent me at my evaluation meeting.
50. On January 4, 2007, I was going over my evaluation with Mr. Reidinger, with Mr. Jacobson present.
51. We were interrupted by Mr. Guthrie, who told Mr. Reidinger to go to his office. Mr. Guthrie told me an attorney wanted to talk to me. Mr. Jones told me he could not represent me as an attorney, and he would not tell me why. He handed by the package of evidence, unopened. (Available for trial as Ex. G-1 is a true and complete copy of Jones evidence in envelope)
52. Guthrie told me that my evaluation would continue tomorrow, and that I was to go to my room.
53. Mr. Guthrie called J J to his office, along with Riedinger, Tiokiason, Jacobson, and Michels, to meet with Mr. Jones and Mr. Jetty. Guthrie, Tiokiason, Riedinger, Michels, all told Mr. Jones and Mr. Jetty that I had reported to Ms. Tiokiason that J J had told me that J J had been raped, which was a lie.
54. An hour later, Mr. Reidinger came to my room just before my 7th grade English class at 11:20am. He told the 7th graders to go to the library with Mrs. Bertch. Reidinger told me to go to Mr. Guthrie”s office, which I did, and I was instantly fired. Without a hearing, without warning, without cause, Mr. Guthrie told me I had 15 minutes to clear out my desk and turn in my keys.
55. Mr. Riedinger escorted me back to the classroom. I stopped at the bathroom where I told a student and Ms. Birtch, the librarian, that I had been fired. Mr. Reidinger told me I was not to talk to anyone, and I was not to tell anyone I was fired. Coming into the room at that time, was Mrs. Warner. She wanted to know where the 7th graders were. I told her they were in the library, that I had just been fired. I went to my room to clear out my things. I turned in the keys to Mr. Reidinger and left the school building.
56. When I got home, I reported to the Devils Lake Police Dept., ND Standards and Practices, U.S. Attorney Drew Rigley, and the FBI. I reported to Social Services, what M H had told me in class, that she had been raped and that I had been fired for having reported.
57. At 2:30 that same day, Mr. Guthrie called me and told me to report to his office tomorrow morning at 8:00 where he said he would let me know under what conditions I would be allowed to return to my teaching duties. He did not tell me that he had just received a call from FBI, asking about M H, why she had been expelled, and why he hadn’t reported the rape. (Hearing Transcript, p. 105-115)
58. January 5, 2007, meeting of Administration, Supt. Guthrie, Prin, Riedinger, Counselor Tiokiason, and Elem. Prin. Jacobson, and myself present. Mr. Guthrie did all the talking. I was here, he said, to be told under what conditions I would be allowed to return to my teaching duties.
59. I stated that if this was to be a hearing, I was unrepresented, and therefore did not wish to answer questions. Mr. Guthrie totally ignored my rightful and legal request, and began questioning me.
60. He said that I had made the statement to him that I had reported the rape of J J to himself, Mr. Riedinger and Ms. Toikison, and that nothing had been done about it? Is that true? I said no.
61. I told him I thought we were here to clear up a misunderstanding. I repeated that I was not here to confess something untrue, that this was not a proper hearing, and I was unrepresented, and I asked for a true hearing.
62. Guthrie ignored my objections. He kept demanding I confess that I reported rape of J J, over and over. He said, just answer yes or no. His manner and voice was very intimidating. He said I would not be allowed to teach unless I confess.
63. Neither Riedinger, Tiokiason or Mr. Jacobson objected to this interrogation.
64. I said I couldn't answer because it didn't happen that way. He said I couldn't answer that way. He shouted at me to answer yes or no. I said no. That was not acceptable to him. I asked, “was this a hearing?” that I wanted a hearing for these kinds of questions. He said he wanted a yes or no answer. He kept on and on bullying me and threatening me. He kept repeating the same question over and over, wanting me to admit something that didn't happen. He raised his voice and harshly demanded that I admit I had reported the rape of J J, that Mr. Jetty had stated that I had told him that J J had been raped.
65. I told him that J J had told me something in confidence, but she did not say she was raped. But, since I was concerned, I asked Ms. Tiokiason to talk with J J. Mr. Guthrie then asked Mrs. Tiokiason if this was true.
66. She looked straight at me and said, “You told me that J J had said she had been raped.”
67. Mr. Guthrie forbid me to have contact with J J or her father, James Jetty, in violation of my right to due process, because the Directive presumes me guilty of something.
68. Guthrie wanted me to know that complaints have been made that I have been talking about lawsuits, personal things, Wounded Knee, Leonard Peltier and AIM in my classroom. Is that true, Ms Schmidt? However, he did not divulge who made the complaints, when these complaints were made, or anything specific about the complaints, therefore not legally binding.
69. His questioning had taken such a frightening turn, I didn't know what to say. He kept asking if I talked about Leonard Peltier in my classroom, over and over. He insisted it was true, because students said it was, but he would not identify which students.
70. He said many staff members complained about me, but he would not identify the staff members or identify what the problem was.
71. His questioning was very Kafkaesque and frightening to me.
72. He said that students do not feel safe in my classroom because of my talk about Wounded Knee, but he refused to say which students, although no student had ever told me that.
73. He then summed up by stating that since I hadn't admitted what he wanted me to admit, that it constituted Defamation of Character, and that legal steps could be taken against me.
74. Mr. Guthrie said I had to agree that I agreed to his directives if I wanted to be allowed back in the classroom. Mr. Guthrie did not offer in writing, any directives, or any legal basis that I should agree to his directives. (Attached hereto as Ex. J is a true and complete copy of Guthrie’s Five Directives.)
75. I agreed to abide by the directives as long as they did not infringe upon my rights, the rights of students, or my Constitutional rights, and I agreed (spoken) to uphold the N.D. Century Code and to teach in a manner I had been trained to teach.
76. Mr. Guthrie then said that Mr. Reidinger would finish conducting my evaluation, and if he found anything further to be added to the list of directives, he would add them. Mr. Guthrie told me I was not to speak to anyone about this, that I was not to talk about Leonard Peltier, AIM, or Wounded Knee. That if I broke any of these directives, I would be taken before the school board and fired. He said that it was a serious charge to state that they had not reported a rape to proper authorities.
77. I was not offered the Directives in writing, nor was I asked to sign anything at the time I was admitted back to my classroom.
78. Mr. Riederger told me go to his office to continue the evaluation. He did not give me any opportunity to respond. He utilized the evaluation as a punishment, rather than a program for improvement as intended by practice and law.
79. Guthrie’s and Riedinger’s remarks caused me to ask students if they liked having discussions about their culture in art class, if talking about Indian history, Wounded Knee, caused them to feel uncomfortable or even unsafe. They, unanimously told me they like talking about their history and culture. (Available for trial as Ex. K is a true and complete copy of student statements)
80. On January 6, 2007, I turned in a rebuttal to the evaluation. . (Available for trial as Ex. F is a true and complete copy of rebuttal to Riedinger’s evaluation. )
81. On January 6, 2007, I wrote a detailed report and sent it to each and every school board member, telling them about the unreported rape of M H, expelling the rape victim, substituting J J, and how the Warwick administrators fraudulently claimed that I had reported to them that J J had been raped, and other abuses, 29 pages. Amazingly, I did not get a response from any of them. (Available for trial as Ex. L is a true and complete copy of report to school board. )
82. On January 6th, 2007, I contacted every official I could think of , to report the official unreported rape of M H, age 15, and the subsequent coverup using J J, age 12. Contacted were U.S. Attorney in Fargo, FBI in Minneapolis, Senators Conrad and Dorgan, Attorney General Wayne Stenejehm, and Victim’s Assistence.
83. I contacted the State Department of Education, and was referred to the Standards and Practices Board.
84. All the commemorations celebrating Wounded Knee and Sitting Bull that students had been given permission to display, were taken down from the hallways and I found laying on my table 1-8-07. (Attached hereto as Ex. M is a true and complete copy of banner and posters commemorating Sitting Bull and Wounded Knee. )
85. I asked to be put on the agenda for the next school board meeting which would be the 23rd. Guthrie would not permit me to meet with the school board.
86. Later, on 1-8-07, Mr. Guthrie came into my room and handed me the directives I was supposed to follow “as a condition of your returning to your classroom.” He did not allow for any discussion or questions. (Attached hereto as Ex. J is a true and complete copy of Guthrie’s Five Directives.)
87. On 1-8-07, I made a response in writing to the directives. (Available for trial as Ex. N is a true and complete copy of my response to the 5 Directives. )
88. At no time did Mr. Guthrie ever warn me that my teaching methods would be the cause of my dismissal, nor did he ever discuss with me the 5 Directives after January 5, 2007. Mr. Guthrie did not resolve any problems through discussion.
89. Right after the Directives, Mr. Guthrie began locking his outer office doors. I once had a teacher let me in so I could use the fax machine. I had gone near Gutherie's office, and I overheard he and Riedinger discussing how they needed evidence for nonrenewal.
90. In January, Mr. Guthrie announced he wanted to see committees formed for the purpose of improving the school. One of those committees was a curriculum committee, to which I was assigned. Mr. Riedinger chaired the committee. The board member serving on the Curriculum Committee was Kay Gravdahl. I was the only member of the committee to actually develop a plan, which I gave a copy of to Mr. Guthrie and Ms. Gravdahl March of 07. Mr. Riedinger prevented me from sharing the plan with the committee. (Available for trial as Ex. O is a true and complete copy of my proposed plan for Block Scheduling. )
91. On 1-16-07, Mr. Michels, NEA Rep, acting as salary negotiator for the teachers, called a teacher's meeting after school. After talking briefly about negotiations, he announced to the whole staff that a teacher was telling students that girls were being raped. He said that girls told him that girls were being raped in the school and they were feeling unsafe. “Could we teachers please be careful about what we say to students in our classrooms?” He told the staff that I was reporting rapes that hadn’t occurred, and making up stories and/or talking to girls about rape.
92. I wrote a complaint to Mr. Guthrie, and asked to be put on the school board agenda. Mr. Guthrie did not respond, nor was Mr. Michels reprimanded for using a staff meeting to defame my character, nor did Mr. Guthrie allow me to take this to the school board, citing number 5 of his Directives that I was obliged to follow the chain of command. (Available for trial as Ex. P is a true and complete copy of my Complaint Letter against Mr. Michels accusing me of falsely reporting rapes.)
93. Semester change mid January, 07, Reidinger removed or inserted students into my class, for reasons other than education.
94. Mr. Guthrie told me he had a call from Selina Horse, M H’s mother, who told him that she was bringing a lawsuit against the school on account of M H, and that I was going to help her. “Is that true, Ms. Schmidt?” I told him no. Furthermore, I had lost contact with her.
95. On or about January 29, 2007, Mr. Riedinger falsely accused me of not sharing art supplied with the staff, and made a formal insubordination charge against me. Mr. Guthrie then forced me to meet with Mr. Riedinger in his office. He called this a hearing, although I called it improper procedure. I had been given no advance notice of hearing, nor was I informed of the charges against me, nor did I have any opportunity to present witnesses or refute testimony. Mr. Guthrie claimed I was insubordinate, yet refused to reveal what I was charged with. I said I wanted a real hearing before judgment was passed on me. He refused to let me have a hearing the the school board, and reminded me I was under stringent mandates to follow chain of command, or be fired, that I agreed to follow the 5 directives. (Available for trial as Ex. Q is a true and complete copy of Insubordination Letter with Riedinger’s statement of facts and my statement of facts.)
96. On 2-9-07, elementary Principal Mr. Jacobson called me outside of class and told me I to report to Mr. Guthrie's office for an unscheduled meeting. He said he was supposed to take my class. I was not told, as usual, the purpose of this meeting. I discovered Mr. Reidinger present in Mr. Guthrie’s office. Mr. Guthrie who said he wanted to know why I hadn’t ironed out differences with Mr. Riedinger. Riedinger said he didn't like the way the FBI had called the school, questioning why they hadn't done anything about the rape. Mr. Riedinger said, “We could lose our license over this.” I sat in stunned silence. He accused me of having a hidden agenda of coming to Warwick School to bring a lawsuit, that it would ruin his career and they would have their administrative teacher’s license pulled, if I did that. Mr. Guthrie told me that Mr. Riedinger has been open and honest with me, but that I failed to be honest with him. Mr. Guthrie did not specifically identify what he was talking about.
97. I responded by writing this letter to Mr. Guthrie. In it, I outline the problem a rape had occurred which had not been reported. Instead, another girl was accused of being the rape victim, which had lead to abusing and threatening students to misbehave. I claimed that Mr. Riedinger and Mr. Guthrie were retaliating against me for having reported a rape. I asked for a hearing with the school board, which Mr. Guthrie refused. (Available for trial as Ex. R is a true and complete copy of February 11, 2007 letter to Guthrie.)
98. On 2-13-07, Mr. Guthrie responded by giving me this letter, which did not address any of the serious issues I had put before him. He said he would take over as my supervisor. Letter was placed in my permanent file. (Available for trial as Ex. S is a true and complete copy of February 13, 2007, Guthrie letter to me)
99. On February 26, 2007, I contacted Janet Welk, director of Standards and Practices Board. (Available for trial as Ex. T is a true and complete copy of February 26, 2007, my letter to Janet Welk, ESPB)
100. On or about February 27, 2007, Janet Welk suggested I make a formal complaint to the Standards and Practices Board, North Dakota Dept. of Education.
101. On or about 2-15-07, at parent-teacher conferences, Darla Thiele, mother of S T, senior girl in my art class whose father is the school board president, complained to me that I was teaching LA-kota and not DA-kota.
102. On or about 2-16-07, Mr. Guthrie sent me an email message stating that Darla Thiele demanded that her daughter, S T, be immediately removed from my class, and that I was to have no further contact with her, either spoken or written. (Available for trial as Ex. U is a true and complete copy of Guthrie’s memo removing S T from my class.)
103. Many students were now defiantly refusing to come to class, which Guthrie did nothing about.
104. Mr. Riedinger refused to allow me to visit Fort Yates, a school implementing block scheduling, although all other member of the curriculum committee got to go, including teachers who were not on the committee.
105. On 3-9-07, Mr. Guthrie entered by classroom unannounced, for the purpose of conducting an evaluation. I did not have any advance notice. He gave me failing marks. (Available for trial as Ex. V is a true and complete copy of Guthrie’s teacher evaluation.)
106. On 3-13-07, Mr. Guthrie held an evaluation review, and had me sign the evaluation, leading me to believe that I was doing a good job, and that all I needed to do was to improve a couple of areas. He did not discuss the extremely low marks, nor did he discuss the written criticism.
107. On March 18, I submitted a rebuttal to Guthrie’s teacher evaluation. (Available for trial as Ex. W is a true and complete copy my Rebuttal to Guthrie’s teacher evaluation.)
108. On 3-14-07, Brandon J, a 7th grader, stopped coming to English Class, 4th hour. Neither Guthrie nor Riedinger responded to why Brandon was not in class.
109. On 3-19-07, Monday, Brandon was still not attending class, without any formal reason for his absence. I e-messaged Mr. Guthrie, asking why Brandon had been removed from my class without my knowledge. Guthrie's answer was, “In my February 13, 2007 letter to you informing you that I was assuming the role of your immediate supervisor. You were informed that Mr. Riedinger would remain responsible for all other duties as 7-12 principal. Those duties include students transferring in and out of classes, including your classes.” (Available for trial as Ex. X is a true and complete copy of e-messages concerning Brandon Jackson)
110. Sometime in March, I asked Mr. Jacobson if he would do a teacher evaluation. He agreed. He sat in my 6th grade class. He never asked me to discuss the evaluation, nor did I sign anything.
111. On March 20, 2007, Mr. Guthrie sent Carol Wofferd with Mr. Guthrie's letter to the school board, recommending that the Board not renew my contract for next year. (Available for trial as Ex. Y is a true and complete copy of Guthrie’s Nonrenewal Letter)
112. On 3-21-07, the business manager Carol Walford delivered a letter from School Board President, Larry Thiele, stating that the School Board is contemplating not renewing my contract. (Available for trial as Ex. Z is a true and complete copy of Thiele’s letter of Nonrenewal hearing)
113. On March 22, I responded to the Letter of Non-Renewal, addressed to School Board President Larry Thiele and I gave a copy to Mr. Jacobson. In it, stating I would not attend hearing. (Available for trial as Ex. AA is a true and complete copy of my letter to Larry Thiele)
114. A number of things happened in March that indicate that both students and staff were aware that I was about to be fired. 4-4-07, something very strange going on. At 8:00am, when I bring up attendance for my reading class, I discover that all of my students have been dropped. Ms. Jensen, computer teacher responsible for school computers, tells me that's normal procedure. (Attached hereto as Ex. BB is a true and complete copy of Class Attendance)
115. On 3-22-07, I received emailed message from Mr. Guthrie stating that I had a complaint which he put in my box, which he put in my permanent file. The letter was addressed to Mr. Guthrie from president of the Tribe, Myra Pearson, in which she objected to my teaching any Native American history and culture, and demanded that he do something about me. She gave no specifics nor did she name one parent, student, or incident that would have caused her to write this letter. (Available for trial as Ex. CC is a true and complete copy of Myra Pearson’s letter)
116. On 3-25-07, Mr. Guthrie and Carol Wolford delivered a letter to me in my room from Larry Thiele. It was an Agreement to Nonrenewal. Their first offer was to continue health insurance as stated by contract. The second was for purposes of unemployment compensation. “no misconduct on the part of the teacher has been alleged. Mr. Guthrie told me if I signed, I would not have to come to the hearing, which he said was going to be very unpleasant for me. He did not want me to go the hearing. (Attached hereto as Ex. DD is a true and complete copy of Agreement to Nonrenewal.)
117. On 3-27-07, I delivered a letter to Mr. Guthrie stating I would not be attending non-renewal hearing. (Available for trial as Ex. EE is a true and complete copy of letter to Guthrie stating I would not attend hearing.)
118. I was not told that this was a dismissal hearing or a hearing to determine if I had committed misconduct.
119. On 3-28-07, I was delivered a Notice of Nonrenewal by Carol Walford. It simply stated that my teaching contract would not be renewed for the 07-08 school year. It did not state that I was subject to dismissal at any time., nor did I receive any warnings that my teaching methods constituted misconduct. (Available for trial as Ex. FF is a true and complete copy of Notice of Nonrenewal.)
120. Once the nonrenewal was in place, hostilities increase against me, creating a very toxic and hostile work environment for me.
121. On 3-28-07,,while at my teaching duties at Warwick School, my knee gave out on me. I was out of school for 5 days. I was not in school Thursday or Friday.
122. When I returned to school on April 4, 2007, in Mr. Guthrie’s absence, Mr. Riedinger placed me under “house arrest” for an incident in my classroom which he had created by playing cards with my students. I was ordered to stay in my room, and no students were to come to their classes with me.
123. The next day, for the first time, Mr. Guthrie had arranged for me to meet in his office, with a furious parent. Riedinger had falsely accused me of saying disparaging remarks against a student.
124. Mr. Guthrie asked me to stay after Mrs. Geramo left. Mr. Guthrie did not discuss with me why I had been placed under house arrest.
125. Guthrie made me an offer. He said I could take medical leave until school was out. I asked him how that would work, since my knee was much better and I could walk. He said it was better than administrative leave, that he was trying to protect me from angry parents coming to the school board. He said the medical leave would help me avoid the situation of my being fired. I asked, “How would this work? I am under contract. Who will teach my classes?” He said I could just stay home and write lesson plans, and a sub would do the rest. That I would be paid full salary. I told him I couldn't make a decision today. (Available at trial as Ex GG, is a copy of Job Service Hearing Transcript, p. 59, lines 18-23, p.60, lines 1-14)
126. Mr. Guthrie approved of Mr. Riedinger ordering me being held in my classroom without students. Instead of doing anything about Mr. Riedinger’s strange behavior, Mr. Guthrie tried to get me to take medical leave for rest of year.
127. I called Janet Welk, Standard and Practices Board, who said if I took medical leave without being sick or unable to work, that would be fraud and advised against it.
128. I told Mr. Guthrie next day, I refused medical leave and I planned on teaching out my contract.
129. On April 5th, I submited a complaint to ND Standards and Practices Board, naming Guthrie, Riedinger, and Michels to be investigated and told Mr. Guthrie I had done so. (Available for trial as Ex. HH is a true and complete copy of SPEB Complaint)
130. I wrote a letter to the Sheriff to inform him of Mr. Riedinger’s bizarre behavior, that children were being threatened. I informed Mr. Guthrie I had done so. (Available for trial as Ex. II is a true and complete copy of letter to sheriff)
131. April 11, 2007, students exhibit knowledge that I am going to be fired. (Available for trial as Ex. JJ is a true and complete copy of e-messages and notes of final days)
132. On Aril 11th, I take the 6th graders to show their art work depicting Native American subjects to Mr. Guthrie. Teacher Mr. Kline accompanied students. At 3:30, I was alone with Mr. Guthrie, who made no reference to the school board, meeting in the next few minutes for the sole purpose of dismissing me. Mr. Guthrie told me that I should hang up the art work in the hallway.
133. As I walked down the hall, I noticed school board members. I unlocked the door to the Ivan room for board members McKevely and Brown. Neither one mentioned the special meeting in which they were going to terminate me.
134. A few minutes later, I was hanging the 6th grade art work in the hall of the library, where the school board meeting was taking place. I could see teachers going into Mrs. Eversvik’s room.. At 4:10pm, I heard Michels voice, then peals of laughter. I left the school building. No one spoke to me.
135. Forty five minutes later, Mr. Guthrie called to tell me to get my things and clear out. “And don't set foot on school property. The Board voted unanimously to dismiss me from my teaching duties, effective immediately after Mr. Guthrie’s negative comments against me were taken under advisement. Guthrie refused to tell me the reason for which I was terminated before the end of the school year.
136. On April 12, Mr. Jacobson and Carol Wolford delivered a letter of dismissal to my house from Mr. Guthrie, in which he did not advise me of any appeal rights, nor did I have a dismissal hearing, nor did the letter contain any reasons listed for my dismissal. (Available for trial as Ex. KK is a true and complete copy of Guthrie’s letter of termination.)
137. I wrote letter to Mr. Guthrie demanding a reason for my termination, a copy of my file, a copy of school policy. (Available for trial as Ex. LL is a true and complete copy of my letter asking for a reason for my termination.)
138. Several days later, Mr. Jacobson delivered a copy of my file. He said there was no policy. I gave him the keys. (Available for trial as Ex. MM is a true and complete copy of my file)
139. In my file was Mr. Jacobson’s evaluation, with very negative commentary on high school issues. When I asked Mr. Jacobson about it, he said he wasn’t aware that his evaluation had been placed in my file since we had never completed it. He said he would remove it, but Mr. Guthrie forbid him from removing it. (Available for trial as Ex. NN is a true and complete copy of Mr. Jacobson’s evaluation.)
140. On or about April 12, 2007, I contacted Janet Welk, State Standards and Practices Board, and told her that I had been fired.
141. On July 5, 2007, I applied for unemployment. I was disqualified for “misconduct.” This is the first I was informed of any misconduct charges charged to me as a reason for my dismissal. I appealed the decision.
142. I applied for a teaching positions, but no one would hire me because of the misconduct charge.
143. On July 13th, 2007, I sent a letter of intent to sue and offer of settlement to school board members, Thiele, McKelvey, Christofferson, Brown, and Gravdahl, and superintendent Guthrie and principal Riedinger by first class registered mail. (Available for trial as Ex. PP is a true and complete copy of my letter intent and mail receipts)
144. In August, 2007, the rape victim M H, was severely beaten by Cherilou, age 29, daughter of Myra Pearson, and her boyfriend, who smashed a bottle over her head, causing her a concussion. I filed a 960 report with Social Services. Once again, there was no federal investigation of a felony crime. Once again, it was investigated by tribal authorities, and the case against Cherilou and her boyfriend was dismissed.
145. On August 21, 2007, Job Service held a hearing to determine whether or not I had committed misconduct at Warwick School. Mr. Guthrie made many false statements, which the hearing officer would not permit my attorney to challenge. Hearing Officer Dave Clinton made a ruling contrary to NDCC 15-47-38, requiring a separate dismissal hearing, distinct from a nonrenewal hearing, based solely on Mr. Guthrie’s extorted, illegal 5 Directives and perjured testimony, which was an unconstitutional disregard for my constitutional right to due process. Job Service ruled that I had committed misconduct by not obeying “reasonable directives given by the employer.” I appealed the decision to district court, who affirmed the decision. I appealed to the Supreme Court, who affirmed district court. I am filing a motion to the Supreme Court, pursuant to Rule 60, Fraud Upon the Court.
146. I contacted the Attorney General to report this crime. He said he couldn’t involve himself in tribal affairs. Furthermore, it wasn’t his job to respond to individuals.
147. I contacted U.S. Senators, who said that tribes were sovereign. I contacted U.S. Attorney stating that rape was a major crime, and asked why he wasn’t investigating, his answer; because they don’t investigate on the basis of an individual’s report, but have to be referred by Social Services or States Attorney. I contacted States Attorney Wang, who said that the rape was tribal or federal jurisdiction, and their was nothing he could do. I contacted tribal prosecutor who said that the rapist had been set for trial in tribal court, but the case was dismissed because Miranda didn’t want to testify. I contacted Sheriff Royher who said the case was unsubstantiated and too old to investigate, meaning the rape had not been reported to Social Services by Supt. Guthrie from Warwick School, and that my reporting didn’t count because Guthrie told Social Services that I had fabricated the report of a rape. I contacted the Devil’s Lake Police, who said that they lacked jurisdiction, and advised me to call the FBI. I called the FBI numerous times, and they ignored my phone calls.
148. On November 4, 2008, Jami Jetty committed suicide.
COUNT 1: BREACH OF CONTRACT
149. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 148 of this Complaint.
150. I had a valid teaching contract with Warwick Public School District #29, for the 06-07 school year.
151. I performed my teaching duties as specified by the contract.
152. Warwick Public School through the School Board members and superintendent Charles Guthrie, breached my contract on April 11, 2007, when I was fired before my contract ended, without a proper dismissal hearing.
153. I suffered an ongoing economic loss of all future teaching contracts, as a result of the defendant’s breach of contract.
154. I was damaged in an amount to be determined at trial.
COUNT 2: RETALIATION
155. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 154 of this Complaint.
156. I engaged in a protected duty to report a rape as told to me by a student in my art class, pursuant to NDCC 50-25.1-03, (#17, 18, 43, 53)
157. I reported to both my superintendent, Mr. Guthrie, and principal, Mr. Riedinger, what M H had told me in class. Both had been aware of Miranda’s rape, and told me to consider it reported, that they would handle it from there, as they knew that both teacher and administrator had a duty to report.
158. I had a protected right not be retaliated against for performing a protected duty of reporting a rape as told to me by a student pursuant to NDCC 50-25.1-09.1 I suffered adverse actions in retaliation for having reported, by Guthrie and Riedinger, (#21, 22, 23, 30, 31-38, 47-51, 76 who had not reported the rape to Social Services, (#54) which led to my first firing on January 4, 2007, in violation of NDCC § 32-01-20 and 50-25.1-09.1. (#55-75) Some of the adverse retaliation I suffered were:
(a) Low teacher evaluations, both in execution and substance, in violation of 15.1-15-01, by defendants Riedinger, (#43, 74-78) Guthrie, (#104-106) and Jacobson. (#109, 138, 139)
(b) Lack of feedback on performance (74, 76. 105, 139)
(c) Denial of professional development, research or internship opportunity by Riedinger and Guthrie. (#103)
(d) Discharge from employment. All defendants liable. (#52, 135)
(e) Guthrie, Riedinger, and Jacobson restricted and/or prohibited my access to any facility, school, or other place of employment or persons affiliated with it. (#65, 84, 87, 103, 122, 126, 135-36)
(f) Undesirable teaching or work schedule (#22)
(g) Ostracism from co-workers or colleagues (#72, 84, 134)
(h) Threats, assault, and/or extortion (#17, 26-30, 38, 49, 52-53, 56-76, 84, 90, 93-94, 100, 108, 115, 122-126, 135)
159. The causal connection between my protected activity and defendants’ adverse action. All defendants either participated or were aware, but allowed it to happen.
160. As a direct result of my wrongful termination, I suffered not only loss of a job, but loss of all future income, loss of reputation, health insurance, and retirement.
161. NDCC allows for me to recover damages pursuant to 50-25.1-09.1 The employer of a person required to permitted to report pursuant to section 50-25.1-03 who retaliates against the person because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that person in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees.
162. I was damaged in an amount to be determined at trial.
COUNT 3: WRONGFUL TERMINATION
163. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 162 of this Complaint.
164. I had a legally binding contract with Warwick School Dist #29 to teach the 06-07 school year.
165. On January 4, 2007, I was first illegally fired by Mr. Guthrie in retaliation for having reported a rape. I was allowed to return to my teaching duties the next day, given 5 illegal Directives from Mr. Guthrie.
166. On April 11, 2007, I was fired by the school board, in violation of NDCC 15-47-38.
167. I did not receive any written notification of contemplated discharge for cause, pursuant to NDCC 15-47-38(2).
168. I was not informed in writing of the time and place for a special meeting of the school board to be held on the question of my discharge prior to a final decision on the matter.
169. I was not informed in writing of the teacher's right to demand a specification of the reasons for discharge, which must, upon receipt of the demand of the teacher, be furnished not less than five days prior to the meeting to be held on the question of the teacher's discharge.
170. The reasons for my dismissal were frivolous and arbitrary.
171. Witnesses with ulterior motives, defendants Michels, Pearson, and Armstrong, were brought against me, whom I had no opportunity to refute the charges, or to cross-examine.
172. All procedures relative to evidence, subpoena of witnesses, oaths, record of testimony, decision, rehearing, appeals, certification of record, scope and procedure for appeals, appeals to the supreme court, and other administrative procedures were denied to me, contrary to NDCC chapter 28-32, thus rendering the entire dismissal proceedings illegal.
173. My illegal dismissal was falsely reported to the teachers' professional practices commission.
174. Superintendent Charles Guthrie, principal Gene Riedinger, Counselor Tiokiason (Erickson), NEA Representative and teacher Steve Michels; aided and abetted by Elementary Principal Steve Jacobson, school board members Thielie, Brown, McKelvey, Christofferson, and Gravdahl; and tribal chairwoman Myra Pierson, without due process, with malicious intention of hiding a real student rape, through false accusations and statements, did cause my illegal dismissal for cause on April 11, 2007, in violation of NDCC 15-47-38.
175. As a result of the wrongful termination and label of misconduct which was placed in my file, I not only lost my job, but I lost all potential income from teaching because I teacher labeled with misconduct will never be hired.
176. Warwick School terminated my employment in violation of public policy, NDCC 50-25.1-03.
177. The termination caused me to suffer loss of a job, loss of future employment, loss of health insurance, loss of retirement, loss of my personal and professional reputation, pursuant to NDCC 15-47-38.
178. I have been damaged in an amount to be determined at trial.
COUNT 4: DEFAMATION
179. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 178 of this Complaint.
180. Between September 2006 and November 2008, Defendants made or caused to be made to third parties, including Job Service, the District and Supreme Court, false statements of material fact concerning the Plaintiff, Janis Schmidt, to the effect that I was reporting nonexistent rapes in order for the purpose of suing the school; and that I was inappropriately talking to students about Wounded Knee, AIM, and Leonard Peltier. Their statements were designed to cover-up the fact that a real student, M H, had reported a rape to Ms. Schmidt in class, who then reported to Guthrie and Riedinger, who then expelled the real rape victim, M H, and substituted a newly enrolled student, J J, to replace M H as a surrogate rape victim. Administrators have a duty to report, just as teachers do. Guthrie did not report a rape to Social Services. In order to discredit me, the defendants claimed that I had said that J J was the rape victim, and thereby cover up the fact that they had not reported a rape, in violation of NDCC 50-25.1-03 Duty to Report and 50-25.1-04 Method of reporting, and in violation of Article 4 of the North Dakota Constitution. Defendants maliciously slandered and libeled my reputation through perjury and false statements. Defendants testified in bad faith with criminal motives to cover up a felony crime they failed to report.
181. Defendants made or caused to be made the above-referenced false statements intentionally, knowingly or with reckless disregard for the truth or falsity of such statements.
182. The above-referenced statements made by Defendants concerning the Plaintiff were false and defamatory in nature, and intended to hold and did hold Plaintiff up to public contempt, ridicule, hatred and harassment, damaging Plaintiff’s personal and professional reputation by accusing me of being a bad teacher.
183. Because of defendants defaming statements, not only have I been damaged in the amount of all future income, but I have been denied unemployment at well.
184. I have been damaged in an amount to be determined at trial.
COUNT 5: CONSPIRACY AND FRAUDULENT CONCEALMENT
185. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 184 of this Complaint.
186. Defendants Guthrie, Riedinger, Jacobson, and Tiokiason had a duty to report a rape when it became known to them, pursuant to NDCC 50-25.1-03.
187. Defendants, by workplace and political association, engaged in a conspiracy to conceal the true identity of the rape victim, Miranda Horse, age 15, by substituting a 12 year old, J J, as the alleged rape victim. All Defendants, in a malicious combination, did conspire to deceive J J and her father James into believing that I had falsely reported to them that J J had been raped resulting in my being fired, charged with misconduct, M H expelled and nothing done about the rapist, and two years later, J J took her life, age 14. Defendants further deceived Job Service and the courts into believing I had committed misconduct
188. Guthrie and Riedinger concealed the fact that Miranda Horse had been raped and had attempted suicide, and did not report, when they clearly had a mandated duty to report pursuant to NDCC 50-25.1-03 Duty to Report.
189. The concealment of this material fact, caused resulting damages to both students, to whom I had a duty to protect as their teacher, and now the plaintiff.
190. Rather than report a rape as required by law, defendants Guthrie and Riedinger chose to conceal the rape in defiance of NDCC Child Abuse laws, in that both were aware they had a duty to report, but instead recklessly chose to get rid of the rape and suicide victim by expelling her, with utter and total disregard of the harm and damage done to the rape victim, and then defendants Guthrie and Riedinger proceeded to retaliate against me, the teacher to whom the child had reported to. Defendants Guthrie, Riedinger, Tiokiason, and Jacobson then became child abusers instead of protectors, when they singled out a newly enrolled 12 year old 7th grader, J J, to replace the rape victim, M H, after the counselor Tiokiason received a call from the FBI wondering why they had not reported the rape of M H.
191. The defendants’ intent was to deceive the FBI, Social Services, Job Service, and other authorities, while breaching their duty to protect students. Most importantly, the defendants deceived J J and her father James into believing that the plaintiff and teacher, Janis Schmidt was falsely reporting rapes, to avoid being sued by J J’s father.
192. The defendants’ concealment of the truth was made believable to authorities by Guthrie’s 5 Directives which he gave to me, the plaintiff, as a fraudulent contractual condition that I needed to obey or be fired. In his Directives, Guthrie forbid me to talk with J H, or talk with anyone about my firing, and I was forbidden to report any rapes. In addition, Guthrie fraudulently alleged I was corrupting the minds of the Native American youth by talking to them about Wounded Knee, Leonard Peltier, AIM, and Native American history and culture, as an excuse to fire me the second time, which is a violation of Standards and Practices and NDCC laws that that Native American history will be taught.
193. Through a conspiracy of all defendants, the real rape victim did not have a major crime investigated; the substitution of a second child as the rape victim caused her to suffer untold pain and humiliation, which may have contributed to her death; untold numbers of students now think that learning something of their Native American history and culture is bad; and, I not only lost my job, but I lost all potential income from teaching because of the misconduct derived by Job Service through the 5 Directives, which were taken to be true, but in fact, the 5 Directives were devised to conceal the administration’s failure to report a rape, and blame the teacher for reporting false rapes.
194. I was damaged in an amount to be determined at trial.
COUNT 7: OFFICIAL OPRESSION OF CIVIL RIGHTS
195. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 194 of this Complaint.
196. Defendants, acting in their official capacity, did supress and strongly discourage any teaching or talk of Native American history and culture.
197. I had a protected right not to be harrassed in the workplace. Mr. Michels used pornographic language to prevent Native American staff from having a pow wow to celebrate Native American day. Guthrie, Riedinger, and Tiokiason wrongfully dismissed my grievance without a hearing, and knowingly used their official position to violate my rights, pursuant to NDCC 12.1-14-04. Defendants officially supressed a Native American celebration and intentially disallowed Native American students from their right to full and equal enjoyment to celebrate their Indian heritage at Warwick Public School. I was later threatened by defendants with my job for having brought up a grievance.
198. Students at Warwick Public School had a right to learn about their Native American history and culture. I had a right to enrich Euro-American stories with Native American legends and stories, as long as the standards for teaching English were met. Defendants Riedinger, Guthrie, Michels, the Warwick School board, and Myra Pearson intentionally made Indian students feel there was something wrong in talking about their history and culture. Defendants wrongfully forbid me to talk about the culture, and thereby denied Indian students the enjoyment of learning of their culture. (Available for trial Ex. K is a true and complete copy of student statements, requesting to learn more about their Native American history and culture.) Defendants intentionally harmed Native American students’ self-image and self-esteem and infringed upon my personal property rights, and denied me my right of free speech, and my privilege of due process, and my immunity from retaliation for having reported a felony crime, pursuant to NDCC 12.1-14-04)(05).
199. Defendants Guthrie, Riedinger, Tiokiason, and Jacobson, acting in their official capacity, knew they had not reported the rape of a 9th grade student, M H, as required by law, NDCC 50-25.1-03 Duty to Report.
200. Mr. Riedinger usurped Social Service responsibilities allowing Miranda to wander the school and work out on a punching bag instead of going to class. Such action was in violation of NDCC 12.1-14-01, Official oppression of civil rights.
201. J J entered school sometime in November and confided in me that she was troubled. I asked the counselor, Tiokiason, to talk with J J. Instead Defendants Guthrie, Riedinger, and Tiokiason seized this opportunity to make it appear that I had told Ms. Tiokiason that J J, 12 years old, had been raped, in violation of Child Abuse law 50-25.1-04. They knew that I had not reported that J J had been raped. Even if this was true, they had not contacted Social Services about a reported rape, as required by law. They had not reported M H nor did they report J J of suspected abuse to Social Services. I had not been contacted by Social Services, pursuant to NDCC 50-25.1-11. By ignoring Child Abuse laws, and questioning J J, the defendants violated both my rights and the rights of my student, J J, pursuant to NDCC 12.1-12-01 Official Oppression of Civil Rights.
202. The Warwick School Board was aware of that students were being abused, as I had sent defendant board members Thiele, Brown, McKelvey, Christofferson, and Gravdahl, a 29 page detailed report on December 29, 2006. I asked for a hearing on behalf of the students, in particular, M H and J J.. The defendant school board members ignored my request for a hearing. They breached their duty to protect students and teacher from the administrators’ criminal actions of failing to report a rape, covering up a crime by illegally expelling the rape victim and illegally questioning J J, in a type of false reporting. J J committed suicide on November 3, 2008. School Board is liable pursuant to NDCC 15.1-08.
203. I have been damaged in an amount to be determined at trial.
COUNT 7: VIOLATIONS OF ND CONSTITUTION, ARTICLE I
204. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 205 of this Complaint.
205. I have certain inalienable rights granted to me by the North Dakota Constitution. All teachers and administrators must sign an Oath state he or she will uphold the ND Constitution and the US Constitution. Defendants Guthrie, Riedinger, Tiokiason, and Michels violated their teaching Oath and violated the ND Constitution and breached their duty to me, the students, and the U.S. and ND Constitutions. All defendants violated my constitutional rights and the constitutional rights of students.
206. ND Constitution, Article I, Section 1 and 7: I have an inalienable right to enjoy my life, possessing and protecting property and reputation, and obtaining happiness. Defendants ignored my constitutional right of property, reputation, and happiness in violation of ND Constitution by interfering and hindering me from enjoying my employment as a teacher, and are guilty of at least a misdemeanor, pursuant to Section 7”
207. ND Constitution, Acticle I, Section 9: I had a constitutional right to due process. At no time did any of the defendants afford me due process. I was fired by Mr. Guthrie from my teaching position on January 4, 3007, without cause or reason. Guthrie, having received a call from the FBI called me back, conditional that I obey 5 Directives. The Directives were given without a hearing, and above my objections that this wasn’t a hearing, and even if it were, I wanted to be represented. The Directives were designed to coerce me into accepting Guthrie’s version of the facts, in which he proclaimed that I was falsely reporting that J J had been raped. This lie placed me in a very bad light, and set me up to be dismissed. All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law.
208. Defendants violated my constitutional right to due process.
209. I have been damaged in an amount to be determined at trial.
COUNT 8: VIOLATIONS OF THE U.S. CONSTITUTION
210. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 211 of this Complaint.
211. By the aforesaid illegal firing of a contractual teacher without notice or hearing for discharge, the defendants deprived me the my right to due process to be informed of charges against me, my right to confront and cross examine witnesses, and submit testimony and evidence as guaranteed by the Fifth and 14th Amendments of the United States Constitution.
212. I have been damaged in an amount to be determined at trial.
COUNT 9: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
213. Plaintiff realleges and incorporates herein the allegations contained in Paragraphs 1 through 214 of this Complaint.
214. At all times material herin, the acts and omissions of Defendants were undertaken with deliberate intention to cause me to suffer extreme emotional distress.
215. As a result of Defendants’ acts and omissions as summarized above, I did suffer extreme emotional distress.
216. I have been damaged in an amount to be determined at trial.
Wherefore, I pray for judgment of compensatory and consequential damages in the amount to be determined at trial.
Dated this 19th day of December, 2008.
418 Griffin St.
Warwick, ND 58381