Former Student Files Lawsuit Against TCAPS in Sex Assault Case

Note: While The Ticker's policy is not to identify victims of sexual assault, the victim in this story has expressed his willingness to be identified through his attorney.

A former Traverse City West Senior High School student who was sexually assaulted by a teacher filed a federal lawsuit Monday against Traverse City Area Public Schools (TCAPS).

The lawsuit, filed in U.S. District Court in Grand Rapids on behalf of Keegan Gordon by Traverse City attorney Grant Parsons, alleges that school officials retaliated against Gordon "socially and academically" after it was revealed in January 2012 that West High School teacher Lisa Placek sexually assaulted the student.

Gordon was in ninth and tenth grades when Placek began sending the teenager lewd text messages and later conducted sexual acts with him. A fellow student reported the relationship, and Placek resigned in January 2012. She pleaded guilty in March 2012 to assault with intent to commit sexual penetration. (As of January 2014, Placek is out on parole in Grand Traverse County.)

In the three months it took after the assault was first revealed for Placek to plead guilty and be sentenced, Parsons says the school community turned on Gordon, blaming him for the crime. "TCAPS should have stepped up and helped him," Parsons tells The Ticker. "Instead, they retaliated against him."

The federal lawsuit filed Monday alleges that despite receiving "notice that Placek had engaged in prior similar acts with at least one other student," TCAPS officials allowed student and teacher retaliation to occur against Gordon for "rocking the boat."

"Students harassed him, parents gossiped about him, coaches excluded him," according to the lawsuit. "Teachers refused to share their classroom with him, administration changed his classes...officials falsely accused him of misconduct and made unsubstantiated reports against him to the police to undermine his credibility."

The lawsuit describes the then-15-year-old Gordon as "an exceptional athlete and capable student." It alleges that already a victim of sexual assault, Gordon was doubly victimized by TCAPs officials who failed to uphold their legal charge to protect him. Among the accusations made:

> Gordon informed TCAPS of online bullying and physical threats occurring against him, but TCAPS refused or failed to remedy the situation.
> TCAPS suspended Gordon for four days in January 2012 and five days in February 2012, in the latter instance for purportedly chewing tobacco in school. That accusation was false and "later retracted by school officials."
> A school official accused Gordon of being "untrustworthy" and having "sexual issues" because of Placek's assault.
> TCAPs called the local sheriff's department and accused Gordon of instructing other students how to download pornography. The charges were false and police refused to pursue them. A school official also recommended suspending Gordon for fighting; when a security camera in the alleged fighting area was checked, no footage was found to substantiate the claim.
> A teacher humiliated Gordon by taking his phone and and forcing him to move his desk so he had to face the other students. Football and baseball coaches also shunned him, excluding him from team work-outs, activities and road trips and making it known to other players that Gordon was "undesirable."
> TCAPS forced Gordon to change his classes from the "C" wing to the "A" wing, thus losing contact with his friends. 

As a result of the alleged actions, Gordon changed schools and moved out of town, later returning "but (failing) to handle the stresses of local school." He eventually dropped out of high school and suffered from hives, sleep loss and extreme anxiety.

Gordon is claiming violations of Title IX, which prohibits discrimination based on sex in federally funded educational programs, the Equal Protection Clause and the Elliot-Larsen Civil Rights Act, a Michigan act banning discrimination based on age, gender, race, religion and other factors. He is seeking in excess of $75,000 in damages. Parsons says "a variety of factors" delayed filing charges in the case until now, including Gordon's emotional distress and the student's ability now to file the lawsuit under his own name as an adult.

"These things are really hard," Parson says. "You try not to file suit. But he lived through this...and now he wants (TCAPS) to live through it. He wants them to have to face a civil trial."

When contacted for comment Tuesday, TCAPS provided the following written statement: "At this time, TCAPS has not been served with a lawsuit. When served, the manner will be handled through the appropriate legal channels."