Case 3:18-cv-01161-L Document 1 Filed 05/08/18 Page 1 of 8 PageID 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STACY BAILEY, Plaintiff, VS. MANSFIELD INDEPENDENT SCHOOL DISTRICT, DR. JIM VASZAUSKAS, AND DR. KIMBERLY CANTU, Defendants. § § § § § § § § § § § § CIVIL ACTION NO. __________________ PLAINTIFF'S ORIGINAL COMPLAINT TO THE HONORABLE UNITED STATES DISTRICT COURT: COMES NOW, the Plaintiff, Stacy Bailey, and files her Original Complaint complaining of Defendants, Mansfield Independent School District, Dr. Jim Vaszauskas, and Dr. Kimberly Cantu, and for cause of action would respectfully show the Court as follows: I. JURISDICTION 1. It appears that the Court has jurisdiction under 28 U.S.C. § 1331 because there is a federal question, and 42 U.S.C. § 1988(a). II. VENUE 2. Venue is proper in the Northern District of Texas because a substantial part of the events and omissions giving rise to Plaintiff’s claims occurred there. \sed\Bailey, S\lit\orig-complaint.244 1 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 Page 2 of 8 PageID 2 III. PARTIES 3. Plaintiff Stacy Bailey is an individual who is a citizen of the State of Texas and lives in Dallas, Texas with her wife. 4. Defendant Mansfield Independent School District (“Mansfield ISD”) is a school district organized under the laws of the State of Texas and may be served by serving its Superintendent, Dr. Jim Vaszauskas, and may be served at his place of employment, Mansfield ISD, 605 E. Broad Street, Mansfield, Texas 76063. 5. Defendant Dr. Jim Vaszauskas, Superintendent of Mansfield Independent School District and may be served at his place of employment, Mansfield ISD, 605 E. Broad Street, Mansfield, Texas 76063. 6. Defendant Dr. Kimberly Cantu, Associate Superintendent, Human Resources, is an individual who may be served at her place of employment, Mansfield ISD, 605 E. Broad Street, Mansfield, Texas 76063. IV. FACTS 7. Plaintiff is a teacher with Mansfield ISD. 8. Plaintiff has taught art at Charlotte Anderson Elementary School. 9. Defendant Mansfield ISD repeatedly gave Plaintiff exemplary performance evaluations. 10. For two of those years, Plaintiff was selected as Teacher of the Year at Charlotte Anderson Elementary School. 11. Plaintiff has a dedication to and love for her students. \sed\Bailey, S\lit\orig-complaint.244 2 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 12. Page 3 of 8 PageID 3 Defendant Dr. Jim Vaszauskas (“Defendant Vaszauskas”) is the Superintendent of Mansfield ISD. 13. Defendant Dr. Kimberly Cantu (“Defendant Cantu”) is the Associate Superintendent, Human Resources of Mansfield ISD. 14. Plaintiff is lesbian/gay and was born that way. 15. For the last six years, Plaintiff was open about who she was at work but never used sexual or mature terms with students. 16. On or about August 23, 2018, while providing an introduction to a class, by showing “First Day of School” power point, Plaintiff shared photos of her parents, her family, her “future wife,” her best friends, and pictures of Plaintiff as a child in an effort to engage the students. This technique is widely used by other teachers. Plaintiff then showed the students slides providing class rules, rewards and expectations for the year. 17. Later that week, Plaintiff was informed by the Principal that a parent complained to the school board and superintendent about Plaintiff promoting the “homosexual agenda” by discussing her “future wife.” The Principal said, “I don’t think you did anything wrong but I don’t know what’s going to happen.” 18. On or about August 25, 2017, Defendant Cantu met with Plaintiff to discuss the parent complaint. Defendant Cantu said, “You can’t promote your lifestyle in the classroom.” Plaintiff said, “We plan to get married. When I have a wife, I should be able to say this is my wife without fear of harassment. When I state that, it is a fact about my life, not a political statement.” Defendant Cantu responded, “Well right now it kind of is (a political statement).” \sed\Bailey, S\lit\orig-complaint.244 3 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 19. Page 4 of 8 PageID 4 When Plaintiff inquired about changing policy to keep this from happening again Defendant Cantu said, “You are right. It is time to get the ball rolling on that. You need to realize this is Mansfield and there could be some pushback.” 20. Dr. Cantu told Plaintiff she had done nothing wrong. 21. Later that night, Plaintiff sent an email to Defendant Mansfield ISD requesting it enact policy expressly prohibiting discrimination against lesbian and gays. 22. On September 8, 2017, Defendant Cantu took Plaintiff out of her class for a meeting. Defendant Cantu informed Plaintiff there was another complaint from a parent. This complaint was from the same parent who made the previous complaint. 23. Plaintiff had a wholistic approach to teaching about artists. Plaintiff taught about artist Jasper Johns and mentioned he served in the Korean War and he had a partner named Robert Rauchenberg, who was also an artist that she taught third grade students the prior year. Plaintiff also taught bout other artists and their partners, including Frida Kahbo and Diego Rivera. 24. Defendant Cantu said the complaint was that Plaintiff had shown sexually inappropriate images to children. Plaintiff did no such thing. Plaintiff refused to sign the documentation. Plaintiff said “This is discrimination. This is wrong and it might even be illegal. I’m not signing it.” Plaintiff asked, “How long can I expect this to last?” Defendant Cantu said, “It could last two days, it could last two weeks.” 25. Since September 8, 2017, Plaintiff has not been allowed to perform her duties as a teacher. 26. Plaintiff discovered the parent who made the initial two complaints enlisted three other parents to complain about her. 27. On October 30, 2017 Defendant Mansfield ISD asked for Plaintiff’s resignation. Plaintiff refused. \sed\Bailey, S\lit\orig-complaint.244 4 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 28. Page 5 of 8 PageID 5 On January 9, 2018, Defendant Cantu and Defendant Mansfield ISD’s attorney Mike Leasor met with Plaintiff. Leasor said maybe Plaintiff had an agenda. Plaintiff indicated she was ready to go back to Charlotte Anderson Elementary. 29. In late January 2018, Defendant Mansfield ISD first indicated it may not renew Plaintiff’s contract. 30. Parents and students informed Defendant Mansfield ISD that Plaintiff was a good teacher and should be brought back. 31. On March 27, 2018, Defendant Mansfield ISD issued a memo to the public and press about Plaintiff, contrary to its own practice and policy of not publicly discussing personnel issues. The memo contained multiple falsehoods. This memo generated widespread media attention and public outcry regarding Defendant Mansfield ISD mishandling of the situation. 32. By letter dated April 4, 2018, Plaintiff requested that she be allowed to return to Charlotte Anderson Elementary. 33. On April 24, 2018, Defendant Mansfield ISD voted to renew Plaintiff’s contract. 34. By letter dated May 1, 2018, Plaintiff was informed by Defendant Vaszauskas that she would be transferred to a secondary school and, thus, will not be returning to Charlotte Anderson Elementary. 35. Defendants’ actions have damaged Plaintiff’s career and imposing a stigma on Plaintiff, making it more difficult to obtain future employment in other school districts, especially as an elementary school teacher. 36. Other school districts ask whether a teacher has previously been placed in administrative leave on their application for employment as a teacher and use this information to disqualify applicants. \sed\Bailey, S\lit\orig-complaint.244 5 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 37. Page 6 of 8 PageID 6 Plaintiff and her spouse were married on March 16, 2018 and they have been together since May 2011. 38. Defendant Vaszauskas made all decisions regarding Plaintiff’s administrative leave and subsequent actions. V. CAUSES OF ACTION 39. Defendants placed Plaintiff on administrative leave, improperly publicly discussed her employment status publicly, refused to return her to her previous position in an elementary school, transferred her to a secondary school and determined she was not appropriate to teach elementary students all because of her sexual orientation and status as a lesbian in violation of the 14th Amendment’s Equal Protection Clause of the United States Constitution and, thus, in violation of 42 U.S.C. § 1983. 40. Defendants placed Plaintiff on administrative leave, improperly publicly discussed her employment status publicly, refused to return her to her previous position in an elementary school, transferred her to a secondary school and determined she was not appropriate to teach elementary students all because of her sexual orientation and status as a lesbian in violation of the Equal Protection Clause of the Texas Constitution, Article I, § 3. 41. Defendants placed Plaintiff on administrative leave, improperly publicly discussed her employment status publicly, refused to return her to her previous position in an elementary school, transferred her to a secondary school and determined she was not appropriate to teach elementary students all because of her sexual orientation and status as a lesbian in violation of the Texas Equal Rights Amendment, Article I, § 3a. \sed\Bailey, S\lit\orig-complaint.244 6 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 Page 7 of 8 PageID 7 VI. DAMAGES 42. As a result of Defendants' actions, Plaintiff has suffered in the past, and in all reasonable likelihood, will suffer in the future, damages including, lost earning capacity, mental anguish, emotional pain and suffering, lost employment benefits, inconvenience, loss of enjoyment of life, damage to professional reputation, and other damages. 43. Moreover, Defendants engaged its actions with malice, therefore, Plaintiff is entitled to punitive damages. 44. Plaintiff seeks a declaration that Defendants illegally discriminated against Plaintiff because of her sexual orientation. 45. Plaintiff also seeks reinstatement to her position at Charlotte Anderson Elementary. 46. Plaintiff seeks attorney fees pursuant to 42 U.S.C. § 1988(b). VII. JURY DEMAND 47. Plaintiff demands a jury trial. VIII. PRAYER 48. WHEREFORE, Plaintiff prays that the Defendants be duly cited to appear and answer herein, that upon a final trial of this cause, Plaintiff recover: 1. Judgment against Defendants, for Plaintiff's damages as set forth above; 2. Reinstatement to her position at Charlotte Anderson Elementary; 3. A declaration that Defendants illegally discriminated against Plaintiff because of her sexual orientation; \sed\Bailey, S\lit\orig-complaint.244 7 Case 3:18-cv-01161-L Document 1 Filed 05/08/18 Page 8 of 8 PageID 8 4. Attorney’s fees; 5. Interest on said judgment at the legal rate from date of judgment; 6. Prejudgment interest as allowed by law; 7. Costs of Court; and 8. Such other and further relief to which Plaintiff may be entitled. Respectfully submitted, /s/ JASON C.N. SMITH JASON C.N. SMITH State Bar No. 00784999 LAW OFFICES OF JASON SMITH 600 Eighth Avenue Fort Worth, Texas 76104 Telecopier: (817) 334-0880 Telephone: (817) 334-0898 E-mail: jasons@letsgotocourt.com ATTORNEYS FOR PLAINTIFF \sed\Bailey, S\lit\orig-complaint.244 8 Case 3:18-cv-01161-L Document 1-1 Filed 05/08/18 Page 1 of 1 PageID 9 CIVIL COVER SHEET JS 44 (Rev. 06/ 17) -TXND (Rev. 06/ 17) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided b}'. local_ rules of_court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of 1mtiatmg the civil docket sheet. (SEE INSTRU C TIONS ON NEXF PAGE OF THIS FORM.) rJl~KiJf!'Wcft~e'J:~ent School District , Dr. Jim (b) County of Residence of First Listed Plaintiff b_a _ll_a_s__ _ _ __ _ _ Vaszauskas , and Dr. Cantu Kimberly County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAIN'/1FF CASES) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATIO N OF NOTE: THE TRACT OF LAND INVOLVED . {C) _AttoweY.Si(Fifm NmJi.e• ./,ddressfqnd Tele1,hor,,~Number) Jason C.N. :Snlltu, Law Uthces o Jason :Smttn 600 8th Avenue , Fort Worth , TX Attorneys (If Known) 76104 817-334-0880 II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (Placea n "X"inOn e BoxOnlyJ (For Diversity Cases Only) PTF Citizen of This State O I 0 I U.S. Government Plaintiff ~ 3 Federal Question (U.S. Government Not a Party) 0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship of Parties in Item Ill) IV NATURE OF SUIT (Place an I CONTRACT 0 0 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 l lO Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 15 I Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders ' Suits 190 Other Contract 195 Contract Product Liability I 96 Franchise REAL PROPERTY 2IO Land Condemnation 220 230 240 0 245 0 290 Foreclosure Rent Lease & Ejectrnent Torts to Land Tort Product Liability All Other Real Property V. ORIGIN iR I Original Proceeding DEF O I Citizen of Another State 0 2 0 2 Incorporated and Principal Place of Business In Another State 0 5 0 5 Citizen or Subject of a Forei 1n Coun 0 3 0 3 foreign Nation 0 6 0 6 "X" in One Box Only) TORTS Click here for: Nature of Suit Code Descrintions. BANKRUPTCY OTHER STATUTES FORFEITURE/PENAL TY PERSONAL INJURY PERSONAL INJURY 0 310 Airp lane 0 365 Personal Injury • 0 3 I 5 Airplane Product Product Liability Liability 0 367 Health Care / 0 320 Assault , Libel & Pharmaceutical Slander Personal Injury 0 330 Federal Employers' Product Liability Liability 0 368 Asbestos Personal 0 340 Marine Injury Product 0 345 Marine Product Liability Liability PERSONAL PROPERTY 0 350 Motor Vehicle 0 370 Other Fraud 0 355 Motor Vehicle 0 371 Truth in Lending Product Liability 0 380 Other Personal 0 360 Other Personal Property Damage Injury 0 3 85 Property Damage 0 362 Personal Injury Product Liability Medical Maloractice CMLRIGHTS PRISONER PETITIONS 0 440 Other Civil Rights Habeas Corpus : 0 441 Voting 0 463 Alien Detainee Of 442 Employment 0 510 Motions to Vacate 0 443 Housing/ Sentence Accommodations 0 530 General 0 445 Amer. w/Disabilities - 0 535 Death Penalty Employment Other: 0 446 Amer. w/Disabilities • 0 540 Mandamus & Other Other 0 550 Civil Rights 0 448 Education 0 555 Prison Condition 0 560 Civil Detainee • Conditions of Confinement (Place an "X" in One Box for Plaimiff and One Box for Defenda nt) PTF DEF Incorporated or Principal Place O 4 0 4 of Business In This State 0 625 Drug Related Seizure of Property 21 USC 88 I 0 690 Other 0 422 Appeal 28 USC 158 0 423 Withdrawal 28 USC 157 I 0 375 False Claims Act 0 376 Qui Tam (3 I USC 3729(a)) 0 400 State Reapportionment 0 0 0 0 Aw " u 0 710 Fair Labor Standards 0 0 0 0 0 Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act 0 0 0 0 0 PROPER• y U H CM" 820 Copyrights 830 Patent 835 Patent - Abbreviated New Drug Application 840 Trademark ~• " IAL SECURITY 861 HIA (1395ft) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 0 870 Taxes (U.S. Plaintiff or Defendant) 0 871 IRS- Third Party 26 USC 7609 IMMIGRATION 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV 0 850 Securities /Commodities / Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 0 896 Arbitration 0 899 Administrative Procedure Act/Review or Appeal of Agency Decision O 950 Constitutionality of State Statutes 0 0 0 0 0 462 Naturalization Application 0 465 Other Immigration Actions (Place an "X"inO11eBo xO 11/ y) O 2 Removed from 0 3 State Court 0 4 Reinstat ed or Remanded from Appellate Court Reopened 0 6 Multidistrict 0 5 Transferred from Another District (specify) Litigation Transfer 0 8 Multidistrict Litigation Direct File - Cite the U.S. Civil Statute under which you are filing (Do 1101cite jurisdictional statutes u11/essdiversi ty): 2..::U:.:.::.S~ 3---9S:..::. VI. CAUSE OF ACTION i..:4:.::. .C"-'.~·...:. t.::.: Brief description Discrimination VII. REQUESTED IN 0 COMPLAINT: VIII. RELATED CASE(S) IF ANY CHECK UNDER of cause: and retaliation --against -- --- ---- --- --------- - em IF THIS IS A CLASS ACTIO CHECK RULE 23, F.R.Cv .P. JURY DEMAND: YES only if demanded in complaint: No (See instmctions): DOCKET NUMBER DATE 5/8/18 FOR OFFICE USE ONLY RECEIPT # AMOUNT JUDGE MAG.JUDGE --- ------ --