Doc 1 Filed: 01/30/17 Page 1 of 17 - Page ID 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA LISSETTE LARIOS ROOHBAKHSH, as personal representative of the ESTATE OF FATIMA LISSETTE LARIOS and on behalf of next of kin, and NELSON LARIOS, as next of kin Plaintiffs, v. Case No. BOARD OF TRUSTEES OF THE NEBRASKA STATE COLLEGES and CHADRON STATE COLLEGE, Defendants. COMPLAINT Plaintiffs, LISSETTE LARIOS ROOHBAKH SH, as personal representative of the ESTATE OF FATIMA LISSETTE LARIOS and on behalfof Fatima Lissette Larios?s next of kin, including herself, and NELSON LARIOS, as Fatima Lissette Larios?s next of kin, through their attorneys, for their Complaint against Defendants, BOARD OF TRUSTEES OF THE NEBRASKA STATE COLLEGES and CHADRON STATE COLLEGE, allege as follows: Introduction 1. This is a death case arising from gender-based dating violence that Fatima Larios suffered while attending Chadron State College (?Chadron?), and Chadron?s failure to take appropriate steps to: investigate reports by atima?s softball teammates and an assistant coach that Fatima was being beaten by her boyfriend, another Chadron student?athlete; stop the dating 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 2 of 17 - Page ID 2 violence; protect Fatima as her physical and emotional well-being were visibly deteriorating; or obtain the help Fatima needed after numerous Chadron staffand students observed her being subjected to dating violence in her dorrn. As a result. Fatima was found dead, hanging in the closet ofher boyfriend's dorm room. Her death was ruled a suicide. 2. For nearly three months before Fallma's death. chadron staff knew that she was being physically and emotionally abused by her boyfriend. a Chadmn football player named --, Fatima had told some ofhcr softball teammates that-was beating her. after they expressed concern about large bruises and emotional changes they had observed. These teammates immediately reported the dating violence to an assistant coach. who similarly noticed Fallma's suspicious bruises and behavioral changes, The assistant coach then shared her observations and the tcantmates' reports with the head snfiball coach. The head coach shared these reports with Chadmn's Athletic Director. who passed the information on to Chadmn's Human Resources Dimmer/Title IX Coordinator. ln addition. Resident Advisers in the dorm where Fatima and frequently heard loud. violent arguments where--was screaming at Fatima. 3. chadron statfknew that Fatima was suffering physically, and emotionally from the dating violence she was experiencing at school. Rather than taking steps to investigate. prevent and stop such misconduct from continuing. as required by Title 1x ofthe Education Amendments of 1972 and Chadron's policies and procedures on sexual violence and sex-based harassment, Chadron disregarded this information. look steps that put Fatima at greater risk for funher abuse. and failed to take meaningful action to protect Fatima, 4. When Chadron informed Fallma's family ofher death. the family was devastated and searched for answers. Fatima's family questioned Chadron about what happened, but 8:17-cv-00031 Doc :1 1 Filed: 01/30/17 Page 3 of 17 - Page ID 3 Chadron kept secret from them the fact that Chadron staff and students knew, and reported to Chadron administrators. that Fatima was suffering dating violence at the hands of -Prior to her death. 5. Plaintiffs bring this action pursuant to Title IX of the Education Amendments of [972, 20 U.S.C. 1681--1688 ("Title to recover damages for Fatima's injuries and death, needlessly caused by Defendants' deliberate indifference to the dating Violence Fatima experienced at Chadron. Parties, Jurisdiction and Venue 6. Plaintiff Lissette Larios Roohbakhsh is Fatima's biological mother and a resident of California. 7. The Superior Court of Calitbmra, County of Monterey, appointed Plaintiff Roohbakhsh as the administrator of the Estate of Fatima Lissette Lat-ins ("the Estate") by an order issued on February 17. 2016. 8. The probate letters appointing Plaintiff Roohbakhsh as personal representative of the Estate were issued by the Superior Court of California, County of Monterey. on Feburary 20, 2016. 9. As personal representative. Plaintiff Roohbakhsh has the right to bring survival claims on behalfofthe Estate and claims on behalfofFatima's surviving next ofkin, her biological parents, Roohbakhsh and Nelson Lat-ios. lO. Plaintit'fNelson Larios is Fatima's biological father and a resident ofCalifomia. He is asserting claims as Fatima's next of kin. 1. Defendant Chadron State College is an educational institution and public college in the Nebraska State College System, with its principal place of business in Chadron, Nebraska. 8:17-cv-00031 Doc :1 1 Filed: 01/30/17 Page 4 of 17 - Page ID 4 12. Defendant Board of Tmstees of the Nebraska State Colleges is a public entity and instrumentality of the State of Nebraska charged by law with governing Chadron and two other colleges in the Nebraska State College System. 13. Defendants receive federal financial assistance within the meaning of 20 U.S.C. 1681(a) and are subject to Title IX. 14. This Court has subject matterjurisdiction pursuant to 28 U.S.C. 1331 and 1343. 15. Venue is proper in the United States District Court for the District of Nebraska pursuant to 28 U.S.C. 1391, because both Defendants reside in the State of Nebraska. and the actions and omissions giving rise to the claims occurred in the State of Nebraska. General Allegations Fatima '5 Background 16. Fatima was a talented student-athlete. She was a four-sport standout at Califomia's Santa Catalina High School. who twice earned all>>cuunty honors in sofiball and helped her team win three consecutive titles. Fatima was viewed by friends and family as an energetic person who lived life to the fullest, and was well known for her vibrant personality and mntagious smile. 18. Fatima graduated from high school in 2013 with a scholarship to play Division 1 safiball at Austin Peay Slate University in Tennessee. 19. Afier her freshman year at Austin Peay. Falima transferred to Charlton be with her high school sweetheart- who had a scholarship to play football at Chadron beginning in August 2014. 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 5 of 17 - Page ID 5 20. Chadron. a relatively small college with approximately 3,000 students, emphasized how its students are treated like family, and Fatima joined Chadron's Division II sofiball team al the beginning ofher sophomore year. in August 2014. The Dating Vielenee Experienced by Fatima and Defendanrs' anI ll, While attending Chadmn, Fatima lived at the High Rise Dormilory ("the dorm") on Chadron's campus, located at 1000 Main Slreel. Chadron, Nebraska. 22. At all relevant iimes,_lso lived at the dorm, on a different floor than Falima. 23, II was well known to student-residents. Resident Advisers and the Resident Director in the dorm that the relationship between Fatima and -was toxic and abusive. 24. Some students who lived in the dorm said that "everyone" knew Falima and - were in a "crazy. emotionally draining 25. Upon informalion and belief, some students in the dorm complained to the RAs and RD that they could not sleep well at night because Fatima and - were so loud during their fights. 26. RAs and student residents in the dorm witnessed numerous arguments between Fatima and -that were loud and violent. 27. On inronnation and belief, these arguments began in Oclober 2014 and became progressively worse in the months preceding Fatima's dealh. 28. On information and belief, many oflhese abusive arguments look place in lhe dorm rooms where Fatima and .esided. 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 5 of 17 - Page ID 5 29. On information and belief. the arguments periodically involved-creaming at Fatima for talking with other male students and allegedly having sex with other men. 30. on information and belief, some of the arguments were so loud and frightening that RAS in the donn threatened to call the poliee. 31. The donn's RAs and student-residents were ml the only people at Chadron who observed some or the abuse Fatima was suffering. 32, By November 20l4, at least two ofFatima's sohball teammates beeame concerned about Fatima's physical and emotional well-being and suspected that she was a victim of dating violence. 33, These teammates had observed _eing aggressive with Fatima at parties, saw large bruises on Fatiina that were ineonsistent with their sport, and noticed that Fatima had become increasingly emotional and soetally withdrawn, They asked Fatima about the bruises and whether she was all right. 34. Fatima told them that -vas beating her. but that she did not want to talk about it. 35, Concerned for Fatima's safety. on November 3. 2014, these two teammates met With the sofibal] team's Coach, Aryn Grywustewicz, and reported that Fatima admitted -was beating her. 36. On information and belief, one teammate told Assistant Coach Grywusiewicz that .215 "beating the crap out ofFatima." 37. On information and belief. one ofthe teammates also told Grywusiewicz that she had observed--being aggressive with Fatima at parties. 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 7 of 17 - Page ID 7 38. On numerous occasions, Grywusiewicz had similarly observed suspicious bruising on Fatima that included handprints on Fatima?s upper and lower arms and large bruises on her legs. Grywusiewicz had also notice behavioral changes in Fatima that included inexplicable crying and social and emotional withdrawal from her teammates. 39. Based on the teammates? reports and her own observations of Fatima, Grywusiewicz reported these concerns to the softball team?s Head Coach, Rob Stack, who then informed Chadron?s Athletic Director, Joe] Smith. 40. The Athletic Director passed this information on to Chadron?s Human Resources Director/Title IX Coordinator, Shelley Dunbar, who met with Grywusiewicz to discuss the reports that Fatima was experiencing dating violence. 41. On November 5, 2014, Title IX Coordinator Dunbar sent a letter to Fatima. 42. The letter enclosed Board Policy 3020, the Nebraska State College System?s policies and procedures on sexual violence and sex?based harassment. The letter also informed Fatima that, among other things, Dunbar was Chadron?s Title IX Coordinator, Fatima had a right to report any violations of Board Policy 3020 to Dunbar, Dunbar had information for services and resources Fatima might need, and Dunbar and atima?s coaches were available to help if needed. The letter was copied to coaches Grywusiewicz and Stack. 43. Dunbar also e-mailed the letter and Board Policy 3020 to Fatima on November 6, 2014. Board Policy 3 020 and Defendants Notice that Fatima Was Experiencing Dating Violence 44. Board Policy 3020 prohibits ?sexual violence and sex harassment? and de?nes those terms to include ?sexual assault; stalking; dating violence; domestic violence; Doc 1 Filed: 01/30/17 Page 8 of 17 - Page ID 8 acquaintance, date or stranger rape; non?consensual sexual intercourse; sexual cyber harassment or sexual bullying.? 45. Board Policy 3020 de?nes ?dating violence? as follows: Dating violence is violence (violence includes, but is not limited to sexual or physical abuse or the threat of'suclt abuse) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, (ii) the type of relationship, the frequency of interaction between the persons involved in the relationship. Dating violence can occur when one person purposely hurts or scares someone they are dating. Dating violence can be physical, emotional, and/or sexual abuse. 46. Under Board Policy 3020, dating violence is a form of prohibited sex harassment, regardless of whether the abuse is sexual. 47. Under Board Policy 3020, physical and emotional abuse committed in the context of a romantic relationship between Chadron students is dating violence. 48. Fatima was a victim of dating violence, as defined under Board Policy 3020. 49. Pursuant to the reporting provision in Board Policy 3020, Defendants had ?notice? that Fatima was experiencing sex harassment in the form of dating violence. 50. The reporting provision in Board Policy 3020 states as follows: Reports can be filed by the alleged victim or a third party who is aware of allegations of sexual violence or sex harassment, including other students or College employees. Reports should be ?led with one of the designated College administrators and/or employees responsible for student services, as follows: President Vice Presidents Deans College Title IX Coordinator (contact information is listed below) Dean of Students Housing/Residence Life Staff to include: 0 Directors 0 Managers 8:17-ev-00031 Doc 1 Filed: 01/30/17 Page 9 of 17 - Page ID 9 0 Assistant Directors 0 Senior Residence Hall Advisors 0 Residence Hall Advisors a Coaches and Assistant Coaches I Campus Security Officers Reports to the above designated administrators or employees will constitute "notice" to the College for the purposes ofoonsidering an investigation and institutional response in conjunction with the Title IX Coordinator. 51. Defendants received "notice" that Fatima was experiencing dating violence through: third-party student reports by Fatima's Ieammates to Assistant Coach Grywusiewicz: Grywusiewicz's own observations of Fatima's suspicious bruising and behavioral changes; wausleWicz's report to Head Coach Stack; Stack's report to Chadron's Athletic Director; reports shared with Title IX Coordinator Dunbar: and observations ofloud alterealions between Fatima and -in the dorm. 52. Board Policy 3020 slates that Nebraska State Colleges "have a responsibility to respond to reports nt'sexual violence or sex harassment and attend to the needs ofihe students who are involved." 53' Under Board Policy 3020. Defendants had a responsibility to respond to the reports that Fatima was experiencing dating violence and attend to her needs. 54. This responsibility applied even though Fatima did not report the dating violence to Defendants. 55. Based on the third-party reports that Fatima was experiencing dating violence, Board Policy 3020 also required Defendants to file a report with Campus Security "to inform them that an act ofviolence may have occuired." 8:17-cv-00031 Doc at 1 Filed: 01/30/17 Page 10 of 17 - Page ID 10 Defendants Response to Reparls and Observalinns nfrhe Dating Violence 56. On November 10, 2014, in response to Title IX Coordinator Duiibar's e-mail attaching Board Policy 3020, Fatima sent an e-mail to Dunbar asking why the information was sent to her. 57. on November 1 l. 2014, Dunbar responded that Board Policy 3020 may or may not pertain to Fatima, but she was obligated under federal statutes to give the information to Fatima, due to confidential information provided to Dunbar's office raising conoems about possible violations of Policy 3020. 58. Fatima did not respond further to Dunbar, and Dunbar did not reach out to Fatima again. 59, On November 12, 2014, Coach Stack and Assistant Coach Grywusiewmz met with Fatima to follow up on the letter that Dunbar sent to Fatima. 60. On information and belief, during that meeting neither Coach Stack nor Assistant Coach Grywusiewiez mentioned the suspicious or behavioral changes Grywusiewicz had noticed or that they had heard Fatima was being beaten by instead, they told Fatima they were available ifshe needed them or wanted to talk about anything, 61. On information and belief, Fatima told the coaches during that meeting that she was homesick. but did not mention the abuse by- 62. Assistant Coach Giywusiewicz informed Dunbar about the November 12 meeting. Defendants took no further action after the meeting to follow up with Fatima about the reported dating Violence. 10 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 11 of 17 - Page ID 11 64. Title IX Coordinator Dunbar never inlewlewed the students who reported to Assistant Coach er/usiewicz that Fatima was being beaten by-- 65. Atter November 12, 2014, Title IX Coordinator Dunbar did not take any additional action to determine whether Fatima was being beaten lay-3r whether -- posed a safety risk to other Chadron students. 66. Neither Dunbar nor any other chadron staff explained to Fatima that they suspected she was a victim ofdating violence; that they received reports that Fatima was experiencing dating violence: or that Fatima had a right to speak to confidential sources, such as a mental health counselor or victim's advocate who would not trigger Chadmn's obligations to launch a formal investigation and who could provide Fatima with the support and help she might need. 67. upon information and belief, neither Dunbar nor any other chadron staffnotified Campus Security ofthe reports that Fatima was a victim ofdating violence. 68. Aficr the November 12, 2014, meeting with her coaches. Fatima continued to suffer abuse b_at Chadron. 69. oh infomiation and belief afier the November 12 meeting, Assistanl Coach Grywuslewicz continued to observe evidence that Fatima was being abused by - including without limitation that Fatima was wearing long-sleeved shirts and long pants to indoor practices, even when it was hot outside, to cover up bruises from beatings by - 70. On information and belief, Assistant Coach Grywusiewicz also heard numerous stories about Fatima and - fighting, with -'going at [Fatima] all the lime," and Grywusiewicz believed that - "was kicking the crap out of' Fatima. 8:17-cv--00031 Doc 1 Filed: 01/30/17 Page 12 of 17 - Page ID 12 71. In addition, loud altercations with - continued in the dorm afler November 12. 2014. but neither the RAs nor the RD ever called the police or took any other action to address the abuse, despite complaints from other dam-l residents and the own observations. 72. Upon information and beliefl the only action taken by the RAs and/or the RD was to ask Fatima and/o- to be quiet. Fatima 'x Death and the Aftermth 73. Afier a loud altercation belween Fatima and the dorm on the evening of January 30. 2015. students found Fatima hanging in the closet of-'s dorm room the next tnoming, 74. An autopsy report done on March 23. 2015. mled that Fatima's death was a suicide. 75. Fatima Larios was 19 years old when she died 76. Soon afier Chadrun informed Fatima's family ofher death. the family asked Chadron what happened, 77. in response to the family's inquiries. Defendants did not disclose thal. prior to Fatima's death. they had received reports from Chadron students and staff expressing concern that Fatima was being abused by- 78. Defendants did not inform Fatima's family about these reports ofsuspected dating violence until October 2015. when Defendant's counsel responded to an inquiry from the family's counsel. 79. Prior to Fatima's death, Plaintiffs did not know that-had been abusive to Fatima. 12 8:17-ev--00031 Doc 1 Filed: 01/30/17 Page 13 of 17 - Page ID 13 Violation of Title 1x 7 20 U.s.c. 1681(a) sot Plaintiffrcalleges and incorporates the allegations in Paragraphs 1-79 above as though fully set forth here. Defendants had actual notice that Fatima was experiencing dating violence at the hands of- while Fatima and -were students at Chadron. sz. Defendants had an obligalion to address repoits that Fatima was being beaten and emotionally abused by _at Chadron, because such dating violence is a form ofprohibited sex-based discrimination or harassment under Board Policy 3020 and Title 1x. as The discrimination. consisting of -s physical beatings and emotional abuse ofFatima on Chadron's earnpus for months was so severe, pervasive and objectively offensive that it deprived Fatima of access to educational opportunities or benefits, 84. At all relevant times,- was a Chadron student subject to Defendants' control, and his abuse of Fatima often occurred on Chadron's campus including in the dorm where both he and Fatima resided. 85. Defendants were obligated under Title IX and Board Policy 3020 to respond to third>>piu1y reports that Fatima was a victim ofdating violence, even though Fatima did not report the abuse to her coaches of Dunbar. 86. Despite their obligations to respond appropriately to repons that Fatima was being abused by Defendants' acted with deliberate indifference to (he reports of dating violence. Their deliberate indifference to the sex-based discrimination suffered by Fatima included, without limitation: a, Defendants' deliberate decisions not to investigate reports by Fatima's softball teammates and assistant coach that Fatima was being beaten and emotionally 13 8:17-ov-00031 Doc 1 Filed: 01/30/17 Page 14 of 17 - Page ID x: 14 abused by - or otherwrse take steps to provide Fatima with a safe, nondiscriminatory educational environment: b. The deliberate decision ofChadron's Title IX Coordinator who had authority to take corrective action under Title IX not to interview the studentrathletes who reported that Fatima had admitted - was beating her, and who had ohserved aggressiveness toward Fatima. as well as Fatima's suspicious bruising and distressing behavioral changes: c. The deliberate decisions of Cliadron's Title ix Coordinator, Athletics Department, and other Chadron officials not to monitor or check on Fatima's physical and well-being afler the coaches November 12, 2014 meeting with Fatima. dcspite Det'endants' actual notice and observed evidence of -s abuse arratma, d. Defendants' noncompliance with Board Policy 3020's provisions on confidentiality, law enforcement, and investigation procedures, resulting in Defeitdants' failure to, inter alia: "take all reasonable steps to investigate and respond" to the third-party reports that Fatima was a victim ot'dating violence in an effort to ensure Fatima's (and others studeiits') safety; explain Board Policy 3020's provisions to Fatima to ensure she understood her rights and options; explain that Fatima had a right to speak to confidential sources who could help her without triggering any formal investigation. and provide contact infortnation for those confidential sources; and notify ('arnpus Security ot'the reports that Fatima was a victim of dating violence. e, The deliberate decision ofChadron's Title IX Coordinator to mail and e-mail Fatima information about a potential violation of Board Policy 3020, despite the n'sk that i- would intercept such information and further abuse Fatima, as the control exerted by abusive intimate partners oflen includes reading victims' mail and e--mail. f, The deliberate decision ot'Chadron's Title IX Coordinator to copy Fatima's soflball coaches on her correspondence with Fatima. despite the fact that the coaches are not confidential resources under Board Policy 3020 or Title IX, and that such insensitivity to Fatiina's interest in confidentiality could discourage Fatima from addressing the dating Violence she was suffering. 87a As a result ot'Det'endants' deliberate indifference to repons that Fatima was a victiln ofdating violence on Chadron's campus. Fatima was subjected to further physical and emotional abuse by -. thereby sufTei-ing a hostile educational environment. 14 8:17-cv--00031 Doc 1 Filed: 01/30/17 Page 15 of 17 - Page ID 15 88. - continued to abuse Fatima in the denn. as witnessed by other dorm residents and the RAs, Atter yet another loud altercation between Falima and -in the dorm on January 30, 2015, students found Fatima hanging in -s dorm room closet on lanuary 31,2015. 89 Had Defendants not been deliberately inditrerent to the sex-based dating violence Fatima was suffering at Chadron, and instead complied With their own policies and Title IX by properly to third-party reports niche abuse and Iaking appropnate steps to protect Fatima's safety, -s abuse of Fatima could have been stopped, and Falima's tragic death could have been prevented. 90, Because ot'Dercndants' deliberate indifference, Fatima suffered injuries, damages and losses, including, but not limited to: emotional distress, fear, anxiety and trauma; physical and mental pain and suffering before her death; lost future eanungs and earning capacity as a result ofher death; hospllal, medical and related expenses, and physical loss of chance of survival. 9] . Because of Fatima's death, these injuries, damages and losses are now recoverable by her Estate 92 As personal representative of [he Estale, Plaintiff Roohbakhsh seeks to recover all injuries, damages and losses suffered by the Eslale by reason ofFauma's death, as well as for the physical and mental pain and suffering Fatima experienced before her death. 93. Because of Defendants' deliberate indifference. Falima's nexl ofkint Plainliffs Roohbakhsh and Larios, have suffered the loss of service. support, society, companionship, love, and affection of their daughter, Fatimai 15 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 16 of 17 - Page ID 16 94. As personal representative of the Estate, Plaintiff Roohbakhsh seeks damages for these losses on behalf of atima?s next of kin?herself and atima?s father, Plaintiff Nelson Larios. 95. As Fatima?s next of kin, Plaintiff Nelson Larios also seeks damages for these losses he has suffered. WHEREFORE, Plaintiffs respectfully demand judgment against Defendants awarding: a) b) Damages in amounts to be established at trial for the injuries suffered by Fatima Larios and recoverable by the Estate of Fatima Lissette Larios, through its personal representative, Plaintiff Lissette Larios Roohbakhsh, including, without limitation: damages for pre-death emotional distress, fear, anxiety and trauma; pre-death physical and mental pain and suffering; lost future earnings and earning capacity; hospital. medical and related expenses; and physical loss of chance of survival. Damages in amounts to be established at trial for the injuries suffered by Fatima Larios?s next of kin, Lissette Larios Roohbakhsh and Nelson Larios, for their loss of service, support, society, companionship, love, and affection of their daughter, Fatima Larios; Pre- and post-judgment interest; Costs; Attomeys? fees, pursuant to 42 U.S.C. 1988(b); and Such other and further relief as the Court may deem just and proper. l6 8:17-cv-00031 Doc 1 Filed: 01/30/17 Page 17 of 17 - Page ID 17 DEMAND FOR JURY TRIAL Plaintiff respectfully demands a trial by jury as to all matters so triable, pursuant to Rule 38 of the Federal Rules of Civil Procedure. Dated: January 30, 2017 LISSETTE LARIOS ROOHBAKHSH, as personal representative of the ESTATE OF FATIMA LISSETTE LARIOS and on behalf of next of kin and NELSON LARIOS, as next of kin ?sz/W Christopher P. Welsh, #22279 WELSH WELSH, P.C., L.L.O. 9290 West Dodge Road 204 The Mark Omaha, NE 68114 (402) 384-8160 ATTORNEYS FOR PLAINTIFFS and Antonio M. Romanucci, Esq. Martin Gould, Esq. (Pro Hac Vice Admission Pending) ROMANUCCI BLANDIN, LLC 33 N. LaSalle Street, 20th Floor Chicago, IL 60602 (312) 458-1000 mgould@rblaw.net and Adele P. Kimmel, Esq. (Pro Hac Vice Admission Pending) PUBLIC JUSTICE, PC. 1620 Street, NW, Suite 630 Washington, DC 20036 (202) 797?8600 akimmel@publiciusticehet l7