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Federal Complaint

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Federal complaint filed against WNC.
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 1 of 18

1
Kenneth J. McKenna
State Bar No. 1676
2
544 W. First St.
3
Reno, NV 89503
(775) 329-6373
4
(775) 329-2414 Fax

5
Attorney for Plaintiff
6

7
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8

KAREN ROYCE,



)
9






)

10
Plaintiff,
)
COMPLAINT AND JURY DEMAND
vs.





)
11






)
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WESTERN NEVADA COLLEGE,
)
TOM KUBISTANT, ROBERT MORIN,
)
13
DR. CAROL A. LUCEY


)






)
14
Defendants.



)
15
____________________________________)

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COMES NOW, Plaintiff, KAREN ROYCE, by and through her attorney of record,
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KENNETH J. McKENNA, ESQ., hereby complains of Defendants as follows:
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PARTIES and JURISDICTION
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1. Plaintiff KAREN ROYCE is an adult competent woman who resides in Zephyr Cove,
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State of Nevada. All acts, statements, and omissions alleged herein occurred in Carson
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City, State of Nevada. Plaintiff hereby requests a jury trial relative to all issues so triable.
23


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2. On information and belief, Defendant WESTERN NEVADA COLLEGE, is a college-
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level, educational institution responsible for the education of the public at large.
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Defendant WESTERN NEVADA COLLEGE provides numerous educational avenues
28
with the instant action arising out of a single class held at their Carson City, Nevada

campus.
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 2 of 18

1
3. On information and belief, Defendant TOM KUBISTANT is a part-time instructor at
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Defendant WESTERN NEVADA COLLEGE and teacher of the course giving rise to the
3
instant action.
4
4. On information and belief, Defendant ROBERT MORIN is employed by Defendant
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WESTERN NEVADA COLLEGE as the College Department Chairperson and is/was
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Defendant TOM KUBISTANT's supervisor.
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5. On information and belief, Defendant DR. CAROL A. LUCEY is employed by the
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Defendant WESTERN NEVADA COLLEGE as the President.
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6. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. 1983, Title IX and 20 U.S.C.
10
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1681, and 42 U.S.C.A. 1985.
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FACTS
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7. Western Nevada College (hereinafter referred to as "WNC") offers the course Human
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Sexuality within the psychology department. The WNC course catalog identified the class
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as having high transferability and relevant as to the areas of social sciences, education and
16
17
humanities and public service. The WNC catalog describes the course as covering "major
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topics in human sexuality such as gender, sexual anatomy, sexually-transmitted diseases,
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sexual response and disorders, sexual orientation, sexual coercion, and commercial sex."
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The course objectives are said to "have been aligned with the recommended outcomes
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from the American Psychological Association and the WNC requirements for freshmen
22
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level general education courses." WNC offered the course to all college students as well
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as "dual" high school students.
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8. Plaintiff's career goals were to work as a social worker. Based upon the WNC catalog
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establishing relevancy, coupled with Plaintiff's awareness of other social working degrees
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containing similarly entitled classes, Plaintiff enrolled in PSY 130, Human Sexuality for
28

the fall 2011 semester; as a 100 level class, WNC touted the class as appropriate for
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 3 of 18

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freshman, i.e. 18/19 year olds. Plaintiff believed the enumerated course goals of gaining
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knowledge as to psychological theories of human sexuality and the "Ability to
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differentiate variations in normal human sexuality from sexual disorders, including
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cultural influences," pertinent and necessary in excelling as a social worker.
5
6
9. WNC assigned instructor Tom Kubistant (hereinafter referred to as "Kubistant") as
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teacher for the class. Kubistant had taught the class in the past. Kubistant's
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undergraduate and master's degrees are both in philosophy; Kubistant also possessed a
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Ed.D degree with a major in Counselor Education.
10
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10. The first day of class was on August 30, 2011. At the start of the class, Kubistant locked
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the door to the classroom. Kubistant intimidatingly informed the class that he unilaterally
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could kick any student out of his class at any time and give such student an "F."
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Kubistant touted himself to the class as a respected author and professional speaker.
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Kubistant demanded all students refer to him formally as "Doctor Kubistant." Although
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Kubistant has degrees in philosophy and counseling degree under the education heading,
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Kubistant informed the class he was a Psychologist. Although it appears Kubistant
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possesses no valid license through the State of Nevada, Kubistant informed the class he
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was a "Marriage and Family Therapist," a "Professional Sexologist," and a private
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practice sex therapist for over 20 years. Kubistant passed out the course syllabus and an
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"Acknowledgement for Human Sexuality Class" (hereinafter referred to as
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"Acknowledgement"). Kubistant read through the syllabus and verbally stated the class
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may contain discussions and/or use language, such as "pussy" and/or "cocks," which may
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make students uncomfortable. Kubistant informed the class he locked the door and that
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there would be no late attendance. Kubistant commandingly announced, "If you don't
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 4 of 18

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like it, leave right now." Kubistant then walked around the class picking up the signed
2
Acknowledgements. Kubistant never once indicated that personal sexual disclosure
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would be a required part of the class experience.
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11. Once all the Acknowledgements were signed and collected, Kubistant began conducting
5
6
class. Students went around and introduced themselves. Kubistant informed the class
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that "he" will increase their sexual urges to such a height that they won't be able to think
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about anything other than sex. Kubistant then had students compile lists, which Kubistant
9
then read, all the different kinds of sex, i.e. oral sex, vaginal sex, anal sex. Kubistant then
10
11
had students compile lists, which Kubistant then read, different sexual positions, i.e.
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doggy style, missionary. Kubistant then discussed penis myths and told a sex joke.
13
Kubistant gave the students homework of writing 3 journal entries of 250 words each
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before the next class disclosing their personal sexual thoughts. All journal entries would
15
be turned in to Kubistant and graded on content, spelling and punctuation.
16
17
12. During the first class, Kubistant also thoroughly discussed the end of semester assignment
18
entitled, "A Sexual Case Study...You!" Although Kubistant described the term paper as
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personal and confidential, Kubistant informed the class the assignment would be turned in
20
to Kubistant and not returned to the student. Although the Syllabus expressly represented
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the term papers would not be read closely, Kubistant provided the students a lengthy list
22
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of required topic and stated points would be deducted of each topic not discussed.
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Kubistant's required topics list was both extensive and highly personal. Some of the
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topics included: When did begin early exploration of my genitals? Describe any sexual
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abuse; How did I lose my virginity? Did I experiences a homosexual outing, phase, and
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what challenges were associated with that? Describe personal promiscuity behaviors; Do I
28

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cheat and how do I feel about it? How do I become sexually aroused? What kind of
2
foreplay arouses me? Describe my climax patterns; Describe my climax challenges; What
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is my masturbation habits? List all my sexual partners and describe the differences; Have I
4
ever had sexual transmitted diseases? Have I been raped or experienced any sexual
5
6
coercion? What kind of fetishes do I have? What do I need to become more sexually
7
satisfied? These were just some of the required topics. Kubistant informed the class the
8
papers would be turned in on the last day of class so the students would feel no
9
embarrassment.
10
11
13. Upon returning home after class, Plaintiff reviewed the class information provided by
12
Kubistant. As Plaintiff read through the list of required topics in the sexual case study
13
term paper, upon reaching Kubistant's requirement that virginity and sexual abuse be
14
disclosed and thoroughly discussed, Plaintiff felt pure terror. As a sexual abuse survivor,
15
Plaintiff was horrified at the thought of reliving the sexual abuse endured as a child.
16
17
Although Plaintiff knew sexual abuse would be discussed, and was ready for such topic
18
and emotional response, Plaintiff had no awareness that she would be required to discuss
19
her own abuse and experiences. Plaintiff spent years working through the trauma and the
20
abuse, and the thought of having to document the events on paper and turn the paper in
21
was terrifying. The memories brought up simply by Kubistant's requirement, forced
22
23
Plaintiff to her bed crying for the entire evening.
24
14. During the second class, after locking the classroom door, Kubistant spent the entire three
25
(3) hours discussing the female orgasm and female ejaculation. A 90 minute movie was
26
shown depicting females engaging in sex and having an orgasm. At the conclusion of the
27
movie, Kubistant asked female students to openly discuss their own orgasms with the
28

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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 6 of 18

1
class. Later, indicating student journals, Kubistant announced to the class, "we have some
2
virgins in the room!" Students looked around the room clearly trying to figure out who
3
the virgins the class were.
4
15. Kubistant offered students extra credit. Kubistant informed the class extra credit would be
5
6
given if they purchased a stun gun for protection. Kubistant also offered the class extra
7
credit if the student visited sex stores. As a freshman class, open to high school students,
8
some class members were not old enough to perform such "extra credit."
9
16. During the third week, Plaintiff was late due to a major accident on the highway. As such
10
11
Kubistant had locked door and Plaintiff was denied entry to the 3 hour class even though
12
she was minimally late due to no fault of her own and was paying for the class. Plaintiff
13
printed out the NDOT report, but Kubistant still reduced her grade calling her absent.
14
17. Plaintiff emailed Kubistant requesting a copy of the Acknowledgement she signed during
15
the first class.
16
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18. During the fourth week, after locking the classroom door, Kubistant spent the majority of
18
class discussing masturbation. Kubistant discussed sex toys, passed out sex books he
19
informed the class was from his own library and told sex jokes. During the class, the
20
journal entry of a student sitting next to Plaintiff was discussed in detail with it expanding
21
into a discussion about anal sex; the journal entry disclosed an obsession with licking her
22
23
boyfriend's ass. Kubistant then provided the class homework requiring students
24
masturbate twice as much as they would normally do encouraging students to then
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disclose specifics in their journals again for Kubistant to read and review; specifics
26
included arousal time and how long it actually took to achieve each orgasm. Kubistant
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informed the class that if they were masturbating 14 times a week they MUST masturbate
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 7 of 18

1
28 times that week. In response to the assignment, Plaintiff told Kubistant that she did not
2
masturbate. Kubistant became agitated and irritably informed Plaintiff she must
3
masturbate a minimum of three (3) times. Kubistant then angrily announced to the entire
4
class they must masturbate if they intended to pass the class.
5
6
19. Kubistant's homework required students to make three (3) journal entries to turn in
7
discussing private thoughts and/or sexual interests.
8
20. Kubistant made frequent references to his experience as a professional counselor and
9
routinely offered the students "therapy" to assist with any problems or issues they might
10
11
have.
12
21. Feeling the content of the class to be inappropriate, Plaintiff began researching the topics
13
of other human sexuality classes. Plaintiff found no other class that required personal,
14
sexual disclosures or was conducted parallel to Kubistant's class. During such time
15
Plaintiff also spoke with several professors inquiring as to the appropriateness and asking
16
17
for advice.
18
22. Feeling Kubistant's frequent offers of therapy to be inappropriate, Plaintiff contacted
19
several doctors inquiring as to the appropriateness of Kubistant's behavior. The doctors
20
indicated they were suspicious as to Kubistant's intentions and indicated asking for
21
personal, private, sexual disclosures inappropriate and outside the bounds of ethical
22
23
standards.
24
23. After receiving no response as to her request for a copy of the Acknowledgement, Plaintiff
25
sent another email to Kubistant requesting a copy of the Acknowledgement.
26
24. Kubistant required female students to journal about how female students felt about their
27
vaginas; Kubistant was to review the disclosures for content and grade them but indicated
28

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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 8 of 18

1
the content was secret; draw a picture of their own vaginas and indicate where the student
2
enjoyed being stimulated; again, this was to turn in for Kubistant's purview.
3
25. Kubistant required female students to draw their own orgasms and describe them in detail
4
including but not limited to whether the orgasms were vaginal or clitoral; again, this was
5
6
to turn in for Kubistant's purview.
7
26. Kubistant required female students to describe their personal experience with oral sex,
8
masturbation and standard sex and indicate a preference; again, this was to turn in for
9
Kubistant's review.
10
11
27. Kubistant required female students to identify if they possessed a g-spot; if they did how
12
the student stimulated the location and required students disclose whether stimulation
13
caused an orgasm; again, this writing assignment was turned in to Kubistant.
14
28. Kubistant required female students to identify whether they were non-orgasmic and/or
15
whether the student faked orgasms. Students were to write about whether they give or
16
17
receive oral sex; again these disclosures were turned in to Kubistant.
18
29. Motivated by her pure and continued terror about memorializing her sexual abuse on
19
paper, Plaintiff approached Kubistant requesting modification of the sexual case study
20
assignment. Kubistant responded angrily informing Plaintiff she had to detail her own
21
sexual history. Kubistant flippantly dismissed Plaintiff's request stating that her unease in
22
23
the assignment, i.e. providing Kubistant with a detailed sexual account of her own sex life,
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meant she had "sexual issues" and that the project would be cathartic.
25
30. Following Kubistant's dismissal, Plaintiff discussed her apprehension with another
26
teacher who indicated the assignments should be able to be modified to better align with
27
Plaintiff's morals.
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 9 of 18

1
31. Prior to the fifth week of class, Plaintiff again met with Kubistant and more formally
2
requested a modified assignment. Kubistant decisively dictated that Plaintiff could either
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do the assignment specifically as ordered or Plaintiff would fail the class.
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32. During every class, Kubistant commented about his power to remove any student from
5
6
class; each time, it was clear through Kubistant's actions and behavior that he was
7
referring to Plaintiff.
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33. During the fifth week of class, after locking the door, Kubistant broke the students up into
9
groups to do 10 minute presentations on different topics including. One group was
10
11
responsible for bringing in sex toys; another group was responsible for describing (again)
12
the female orgasm; another group was assigned the topic of nudity. Plaintiff's group was
13
told to demonstrate KY Jelly products and novelty condoms. In response, Plaintiff asked
14
Kubistant whether she could do a presentation on the health dangers of vasoline lubricants
15
to women. Kubistant flippantly informed Plaintiff there was no time for such presentation
16
17
and that she needed to stick to the topic of novelty condoms.
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34. After 5 weeks of classes, Kubistant had not followed the class topics enumerated on the
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syllabus. Kubistant had not taught the history of sex. Kubistant had not taught cultural
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influences on sex or discussed any prominent sexual studies. Instead, the consistent topic
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Kubistant discussed was the female orgasm. It was a theme and discussed during every
22
23
class; mentioned during every lecture.
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35. Kubistant's behavior in class was outside the bounds of teacher positioning himself as a
25
friend. Kubistant encouraged students to hang out with him and invited students to keep
26
their lunches in his refrigerator. Throughout class, Kubistant repeatedly offered the
27
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Case 3:12-cv-00350-ECR -VPC Document 1 Filed 06/25/12 Page 10 of 18

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students chocolate informing students to eat chocolate throughout their time together since
2
the class is so sexually stimulating that the chocolate would soothe the sexual urges.
3
36. One class handout was entitled "The Hidden Benefits of Good Sex." It lists 10 benefits of
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sex including, "The more sex you have, the more you will be offered;" "Lovemaking can
5
6
burn up those calories you piled on during that romantic dinner;" "Gentle, relaxed
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lovemaking reduces your chances of suffering dermatitis, skin rashes, and blemishes;" and
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"It [sex] is more enjoyable than swimming 20 laps...and you don't need special sneakers."
9
37. Another handout was a three page joke about aliens. The punchline was the older alien
10
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replying, "If there's one thing I've learned during my intergalactic travels, you don't want
12
to mess with a guy who can loop his penis over his shoulder twice and then stick it in his
13
ear."
14
38. Another handout is entitled, "A Guide on Intimacy" and lists suggestions for improving
15
intimacy. One suggestion is taking motorcycle rides together further stating, "The
16
17
vibrations can also be wonderful!" Other suggestions include playing hooky feeling
18
"naughty and rebellious," and phone sex.
19
39. Another handout is entitled "Prayers From The Sexes" and enumerates two (2) different
20
prayers, one for women and one for men. "A Woman's Prayer" is a pray for a man who is
21
not a "creep," who has a job, won't be annoyed when she spends his cash and knows the
22
23
answer to "[H]ow big is my behind." A Man's Prayer states, "I pray for a deaf-mute
24
nymphomaniac with huge boobs" further only stating she owns a liquor store and a
25
corvette dealership concluding with "Amen."
26
40. Another handout is entitled "New Politically Correct Terms." The first portion identifies
27
how to speak to women and be politically correct. It states that instead of calling a
28

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