SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF YAKIMA VERONICA VARGAS, Plaintiffvs. MABTON SCHOOL DISTRICT, COMPLAINT Defendant. Plaintiff Veronica Vargas, by and through her attorneys, Winston Cashatt, Lawyers, and for cause of action against Defendant alleges as follows: 1. Parties, Jurisdiction, and Venue Plaintiff, Veronica Vargas, is, and at all relevant times, was a resident of Yakima County, Washington. Ms. Vargas has satis?ed all conditions precedent to bring this action. 1.2 Defendant Mabton School District has its principal place of business in Yakima County, Washington. 1.3 Jurisdiction and venue are proper in Yakima County Superior Court, Washington pursuant to RCW 4.12.020. COMPLAINT PAGE I 11. Facts 2.1 Plaintiff realleges and incorporates the paragraphs 1.1. through 1.3 as if fully set forth herein. 2.2 Plaintiff was hired as a paraeducator by the Mabton School District in August 2016. 2.3 She worked with students with special needs, including a blind child. 2.4 She, along with a number of other paraeducators, was assigned to assist Charlaine Siefert a teacher for the special education students. 2.5 Over the course of several months, Plaintiff voiced several concerns she had to Ms. Siefert; as well as to Scott Fisher, the special education director; Caleb Oten, the principal; and Joe West, the assistant principal. 2.6 Her concerns involved, without limitation, the limited staf?ng available to work with the special needs children; the overall services the students were receiving; the lack of workspace to work with the students; and the limited curriculum, school day, and scheduling available to the special education students. 2.7 By voicing her concerns, she challenged the district's long-established policies. 2.8 Some of the district's policies violated the Individuals with Disabilities Education Act (IDEA) by failing to provide appropriate education opportunities for children with disabilities. 2.9 As a reSult of her voicing legitimate concerns, Mabton School District put Plaintiff on unpaid administrative leave for insubordination. 2.10 On February 21, 2017 the Mabton School Board met for a special session. At that meeting, the Board voted to terminate Ms. Vargas's employment. COMPLAINT PAGE 2 2.11 After being terminated, Ms. Vargas was forced to look elsewhere for paraeducator work. FIRST CAUSE OF ACTION: Wrongful Termination in Violation of Public Policy 3.1 Plaintiff realleges and incorporates paragraphs 1.1 through 2.11 as if fully set forth herein. 3.2 Defendant terminated Plaintiff for reporting Defendant's violations of the Individuals with Disabilities Education Act (IDEA). 3.3 The IDEA provides a clear public policy in favor of children with disabilities. 3.4 Discouraging the Plaintiff?s conduct of reporting violations of the IDEA would jeopardize the policy of the IDEA. 3.5 It was Plaintiff?s actions in reporting Defendant?s violations of the IDEA that caused her discharge. 3.6 As a direct and proximate result of the acts and omissions of Mabton School District, Ms. Vargas suffered economic and non-economic damages in an amount to be proven at trial. IV. SECOND CAUSE OF ACTION: Retaliation Plaintiff realleges and incorporates paragraphs 1.1 through 3.6 as if fully set forth herein. 4.2 Section 504 of the Rehabilitation Act, 29 U.S.C. ?794, prohibits state entities that receive federal funding from discriminating on the basis of disability. COMPLAINT PAGE 3 4.3 The Rehabilitation Act likewise prohibits retaliation against an individual for reporting discrimination. 4.4 Ms. Vargas engaged in protected activity by reporting discrimination against disabled students. 4.5 Mabton School District took adverse action and retaliated against Ms. Vargas when it terminated her for complaining to her direct and indirect supervisors about the District?s improper actions regarding disabled students. 4.6 Mabton School District's adverse actions negatively impacted Ms. Vargas's employment by both placing her on unpaid administrative leave and by terminating her employment. 4.7 The District took the negative actions toward Ms. Vargas's employment because of her complaints regarding the District?s improper practices. 4.8 As a direct and proximate result of the acts and omissions of Mabton School District, Ms. Vargas suffered economic and non-economic damages in an amount to be proven at trial. V. Prayer for Relief WHEREFORE, Plaintiff makes the following prayer for relief: 1. That the Court enter judgment in favor of Plaintiff against the Defendant for the damages in an amount to be proven at trial. 2. That the Court enter judgment in favor of Plaintiff and against the Defendant for costs and attorney fees as allowed by law. COMPLAINT PAGE 4 DATED this _r :2 day of July, 2018. MW MW MENCKE SMITH, No. 34911 NICHOLAS R. ULRICH, WSBA No. 50006 WINSTON CASHATT, LAWYERS, a Professional Service Corporation Attorneys for Plaintiff COMPLAINT PAGE 5 SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF YAKIMA VERONICA VARGAS, . ft Plaintiff, 132 0253755: Case No. vs. MABTON SCHOOL DISTRICT, SUMMONS (20 DAYS) Defendant. TO: MABTON SCHOOL DISTRICT A lawsuit has been started against you in the above-titled Court by Veronica Vargas, Plaintiff. Plaintiff's claim is stated in the written Complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the Complaint by stating your defense in writing, and by serving a copy upon the person signing this Summons within twenty (20) days after the service of this Summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where Plaintiff is entitled to what it asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. SUMMONS . ., (?Aswm?wteft ?zz/Mai A SERVICE CORPORATION ?900 Bank 01Ametica Gamer 6m Wes! Hiwnsitio Spokane. Washington 992m {5.09) Gila-6133?. t? mm-qmmn-ww-L Loam-Locomwmm If you wish to seek the advice of an attorney in this matter, you should do so so that your written response, if any, may be served on time. This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. DATED this 9 day of July, 2018. KAMMI MENCKE SMITH, WSBA No. 34911 NICHOLAS R. ULRICH, WSBA No. 50006 WINSTON CASHATT, LAWYERS, a Professional Service Corporation 601 W. Riverside, Ste. 1900 Spokane, Washington 99201 Telephone: (509) 838-6131 Facsimile: (509) 838-1416 SUMMONS -- -. PAGE 2 A PROFESSIONAL SERVICE CORPORATION 5900 Bank 01 Ammica Finanu?! Comet 6G1 ?Nos: Riverside Spokane. v-ltu'shingron 0170 [50913306131