PITTSBURGH – A student at Geibel Catholic Junior Senior High School alleges she was molested and sexually harassed multiple times by a fellow male student who is now of majority age and the school did not stop the abuse or discipline the alleged assailant – a charge the male student denies.
S.S. (by and through her parent and legal guardian, Gerald S.) of Fayette County filed suit in the U.S. District Court for the Western District of Pennsylvania on Nov. 2 versus Geibel Catholic Junior Senior High School of Connellsville, plus Principal Patricia Nickler, Superintendent Maureen Marsteller and Cole Kendall, also all of Fayette County.
“On or about March 8, 2019, as plaintiff was leaving a bathroom located on defendant Geibel’s property, defendant Kendall forcibly grabbed the plaintiff, held her against the wall, grabbed her buttocks and groped her breast. Defendant Kendall then forcibly attempted to kiss the plaintiff’s mouth, kissed the plaintiff’s cheek and placed his hand underneath the plaintiff’s skirt,” the suit states.
“Thereafter, on three or four separate occasions, defendant Kendall sent the plaintiff unwanted and pornographic photographs of his penis via Snapchat, without the plaintiff’s request and/or consent. Upon receipt, plaintiff immediately deleted these unwanted and pornographic photographs. Defendant Kendall also regularly grabbed the plaintiff’s buttocks when she passed him on the school bus.”
On April 15, 2019 and during school hours, the suit states Kendall followed the plaintiff down a hallway on Geibel’s property, grabbed the plaintiff’s backpack and forcibly pressed the plaintiff up against a wall.
Kendall allegedly then forcibly kissed the plaintiff’s mouth and cheek, groped the plaintiff’s buttocks and breast and placed his hand underneath the plaintiff’s skirt. When she escaped from Kendall, Kendall is said to have followed the plaintiff up a stairwell and onto a landing.
“Kendall forcibly stopped the plaintiff and proceeded to unzip his pants and remove his penis. At that time, defendant Kendall grabbed the plaintiff’s hand and forced her to touch his penis,” the suit states.
Despite multiple incidents of alleged inappropriate, unwanted, provoked and unlawful conduct done without the plaintiff’s consent, Kendall was allegedly not disciplined in any way by defendant Nickler and/or Geibel – and although they shared classes and activities, Nickler and/or Geibel are said to have failed to separate defendant Kendall from the plaintiff.
“As a student, plaintiff was repeatedly subjected to a sexually hostile environment and pervasive harassment by defendant Kendall on defendant Geibel’s property. Defendant Geibel, through its agents, including but not limited to, defendant Nickler and defendant Marsteller, had actual knowledge of the sexually hostile environment and pervasive harassment by defendant Kendall on its property,” per the suit.
“Despite defendants Geibel, Nickler and Marsteller’s actual knowledge of the sexually hostile environment and pervasive harassment by defendant Kendall that the plaintiff suffered on defendant Geibel’s property, defendants failed to take any action and therefore ratified this environment and permitted the sexual harassment to continue.”
Counsel for Kendall filed an answer to the complaint on Jan. 13, invoking protections afforded to juveniles under the Juvenile Act and denying the alleged conduct was non-consensual.
“Pursuant to the Juvenile Act, the subject matter of any files from judicial proceedings involving a juvenile are confidential. To the extent that one or more of the allegations contained in plaintiff's complaint are or may be related to matters which were part of a juvenile proceeding involving Kendall, the contents are confidential,” the answer read, in part.
“Kendall did not sexually harass plaintiff. In March 2019, plaintiff and Kendall were friends. In March 2019, Kendall was a minor, having turned 17 years old approximately one month earlier. In March 2019, Snapchat exchanges took place between plaintiff and Kendall, in which both agreed to meet at designated times in the school building. Any physical interaction between Kendall and plaintiff in March 2019 was done consensually, following Snapchat messaging between plaintiff and Kendall. At no time during or immediately after the physical interactions between plaintiff and Kendall did plaintiff advise or notify Kendall that the interactions were inappropriate or without her consent.”
Kendall denied that any physical interaction between himself and S.S. took place after March 2019, since the plaintiff allegedly advised him that she had a boyfriend who lived out-of-state and consequently suggested that the two of them should no longer have any physical contact.
Kendall added that though both were present on a music program trip for students to Disney World in April and May 2019, no physical contact between the two of them took place and at no time was he told by S.S. that she objected to any previous physical interaction that had taken place.
For counts of violation of Title IX and violation of Pennsylvania common law rights for failure to protect, negligence, negligent infliction of emotional distress, assault and battery and intentional infliction of emotional distress, the plaintiff is seeking compensatory general damages in the amount proven at trial, and compensatory special damages including, but not limited to, costs of suit, reasonable attorney’s fees as permitted by law, pre- and post-judgment interest as permitted by law, punitive damages and such other relief, including injunctive and/or declaratory relief as this Court may deem proper, plus a trial by jury.
The plaintiff is represented by Joel S. Sansone of the Law Offices of Joel Sansone, in Pittsburgh.
The defendants are represented by Corey S.D. Norcross of Stradley Ronon Stevens & Young in Philadelphia, plus Kenneth J. Nolan of Phil DiLucente & Associates, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01671
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com