Subject: Fact-finding on anti-gay coach 1
From: [email-masked]
Date: Wed, 26 Apr 1995 13:15:06 -0400

PART 1 OF 3

[Transcriber's intro:  In the Winter of 1995, a controversy erupted
in Longmont, Colorado, after a high school wrestling coach
accused two female coaches of having an "alternative lifestyle"
and of staring at girls changing clothes in the girls' gym locker
room. Colorado For Family Values, the group that created 
the anti-gay Amendment 2, eventually became involved. 
The incident, which included anti-gay parents packing at
least one school board meeting, ultimately resulted in the transfer
of the wrestling coach and the retention of the two female coaches
accused of being lesbian and of engaging in improper conduct. 
Newspaper articles on the entire incident are available from the
Denver Post, the Rocky Mountain News, the [Boulder] Daily
Camera, and, most extensively, from the Longmont Times-Call.
What follows is an arbitration group's fact-finding report on the
conflict.  This will probably be of greatest interest to Coloradans
and gay people who have followed the story and to scholars
exploring the connection between sexism and homophobia.  --
Rick Cendo, Boulder, April 20, 1995] 

[Transcriber's disclaimer:  The following is my transcription of the
report.  It is not the report itself.  I have made a good-faith effort to
be accurate in my transcription, but I cannot guarantee
total veracity.  When I saw grammatical or spelling errors in the
report, I transcribed them verbatim, followed by a "sic" notation to
indicate that the error was not a result of  the transcription.
Scholars or journalists who need a photocopy of the original 
document may obtain it from the St. Vrain Valley School District 
or by sending a self-addressed envelope with enough postage for 
4 ounces (currently $1.01) to me at Rick Cendo, Box 7327, 
Boulder, CO 80306.]     

February 23, 1995

  A January 25, 1995 student-circulated petition directed at the
women in the physical education department prompted Schell and
Sixkiller's complaints.  The administration informed the women
physical education teachers, including Schell and Sixkiller, of the
petition, advised them that the School District intended to take
responsive action, and inquired whether they wanted to file
complaints.  The complaints were the starting point of this
investigation. The Fact-Finders have not received signed
agreements to participate unequivocally in the process from Schell,
Sixkiller or VanderMolen and, consequently, assume that, without
further acknowledgment, none of the parties is bound by the
results of this fact-finding process.  The Fact-Finders did, however,
receive executed forms dated February 14, 1995 from Schell and
Sixkiller agreeing to treat this report confidentially.  The Fact-
Finders advised VanderMolen and his counsel that such a 
statement from VanderMolen is a prerequisite to his receiving a
copy of the Report.

     Schell's 29-page complaint reported approximately 16 incidents
occurring from October 1991 through January 1995 relating to
VanderMolen's alleged harassment of her.  Sixkiller's six-page
complaint reported approximately 10 incidents occurring from
May 1994 through January 1995 detailing VanderMolen's alleged
harassment of her.  The complaints relate to five types of
allegations: that VanderMolen monopolized department facilities,
including equipment, classroom areas, playing fields, etc.; that
VanderMolen
constantly pitted his class against their classes and made
demeaning comments about them in front of their classes; that
VanderMolen specifically interfered with department meetings
Schell ran; and that VanderMolen was physically threatening and
intimidating. In summary, they paint a picture of VanderMolen's
engaging in ongoing aggressive behavior which they claim created
a hostile and intimidating work environment. The complaints do
not claim any improper physical contact.  The conduct is not
explicitly sexual in nature.  Instead, they claim that the harassment
was directed at them because they are women.

     Although not specifically included in the written complaints, by
mutual agreement of the principals, the complaints were expanded
to encompass alleged harassment arising out of  VanderMolen's
alleged complicity in the January 25, 1995 petition effort.

     Although advised of his right to do so, VanderMolen did not
file a written response to the complaints.

II.	THE INVESTIGATION

On January 31, 1995, the AAA appointed Andrea I. Williams and
David R. Hansen as Fact-Finders in this matter. They conducted
their investigation from February 1, 1995 through February 13,
1995.  The Fact-Finders interviewed the persons directly involved
in the dispute, and teachers and administrators from the School
District, as well
as students and their parents, a total of 40 people.  Specifically, the
Fact-Finders interviewed: Schell for approximately four hours;
Sixkiller for approximately two hours; VanderMolen for
approximately five hours; Duke Aschenbrenner, principal of
Longmont High School; Dr. Thelma Bishopp, assistant
superintendent, human resources of the St. Vrain Valley School
District RE-1J; June Chapman, assistant principal at Longmont
High School; Gordon Cramer, Jeff  Kloster, and Diane Ruby, the
other members of Longmont High School's physical education
department; Doug Johnson, an assistant football coach; Tom
Aiello, also an assistant football coach and the head baseball
coach; Randy Earl, the head girls' basketball coach; Dave Johnson,
an assistant volleyball coach; Mickey DeRock, Sky!ine High
School wrestling coach; Chuck Zander, a Longmont High School
math teacher; Deborah Debord Schulze, a Longmont High School
language teacher; Johnny Romero, a member of  the Longmont
High School custodial staff; Mike Flynn, the School District
supervisor of athletic and activities; Sandra Manly and Dr. Milton
Etter,  members of  the St. Vrain School Board; Tera Leinweber, a
Longmont student and her parents; Sara McDonald, a Longmont
student; Juli Rushing, a Longmont student, and her father; Amber
Lucero, a Longmont student, and her grandfather; Megan Beasley,
a Longmont student, and her mother;  Judy Alton, the parent of a
former Longmont student; Kristin Goodlock, a Longmont student
and her mother;  Melissa Davis, a Longmont student, and her
parents; and Nicole Hatton, a Longmont student, and her mother. 
Each of the parties involved suggested additional witnesses.  The
Fact-Finders considered each suggestion and interviewed those
witnesses they believed would increase their understanding, while
avoiding cumulative or irrelevant information.

     As part of their investigation, the Fact-Finders also reviewed
pertinent documents, including the School District's sexual
harassment policy; letters and statements from current and former
students at Longmont High School, other faculty at Longmont
High School and in the School District, and parents; articles from
the Longmont Times-Call, the petition and related fliers and signs;
and other miscellaneous documents.  To the extent that any
particular document is central to a finding in this Report, the Fact-
Finders identify that document in the finding.

      As provided in the AAA rules for the Sexual Harassment
Claims Resolution Process, the Fact-Finders conducted the
interviews on a confidential basis.  They assured the interviewees
that their information was being given in confidence and that the
source of the information would not be specifically attributed to
them.  Confidentiality was particularly important, as the
circumstances were the subject of several newspaper articles,
letter-writing campaigns, discussions at School Board meetings
and the like.  Assurance of confidentiality was also critical in
obtaining accurate and candid information from the interviewees. 
In keeping with these assurances, the findings do not identify
sources of information.  The findings are not based on surmise,
conjecture or circumstantial evidence, but on direct  reports of one
or more witnesses.
In some instances, the information reported by two or more
witnesses about the same incident was in conflict.  As directed by
the AAA process and the traditional role of neutral fact-finders, the
Fact-Finders assessed the credibility of the interviewees as
necessary to determine what actually occurred.  To the extent. that
such credibility determinations are central to any finding, they are
reported in the finding.

111.		FINDINGS OF FACT

A.		BACKGROUND

     1.	The School District has written employment policies;
sexual harassment is
expressly prohibited.  Among other things, the policy defines that
term to include verbal
conduct of a sexual nature which has the purpose or effect of
unreasonably interfering with an individual's work performance or
creating an intimidating, hostile or offensive working environment. 
In addition, the School District has a policy precluding harassment
generally.  This policy prohibits comments, name-calling, physical
conduct or other expressive behavior which creates an
intimidating, hostile or demeaning environment for education.

     The Fact-Finders were not made aware of any school District
policy relating to sexual
orientation.  From discussions with the administration, they
understand that sexual orientation of any faculty member is not a
concern of the School District so long as faculty members conduct
themselves appropriately in the performance of their duties.
VanderMolen also articulated and endorsed this concept.  The
Fact-Finders conducted their investigation on the assumption that
sexual orientation is by itself an irrelevant consideration and made
no inquiry into the sexual orientation of any interviewees. 

2.   VanderMolen came to Longmont High School in 1972 as a
physical education teacher and coach.  VanderMolen and Gordon
Cramer coached together at Alamagordo High School in  New
Mexico.  When their head coach at Alamagordo secured the job as
head football coach at Longmont, he asked Cramer and
VanderMolen to join the faculty. VanderMolen has been an
assistant football coach since joining Longmont High School's
faculty and has been its head wrestling coach for many years.

     3.	During these past 22 years, and to this day, VanderMolen
has professed and exhibited a love and devotion to his "kids." They
have returned his loyalty and commitment.  He motivates
teenagers to believe in themselves, set goals and reach beyond
their grasp.  As an example only, as the football offensive line
coach, he takes kids with a lot of heart but ordinary talent and
molds them into a respectable offensive unit of which the kids can
justifiably be proud.  Another example illustrates his commitment
to his students. The essence of this example, with varying details,
could undoubtedly be repeated literally hundreds of times by other
students with the same moving emotion.  This particular example
relates to VanderMolen's driver education classes, in which he has
told his female students that, if they are ever in an uncomfortable
situation in a car with a boy, because he has been drinking or is
making advances or whatever, they should get out of  the car and
call him and he will pick them up and take them home.  The Fact.-
Finders have no doubt that VanderMolen would indeed come to
the aid of his students as promised.

     4.	In 1979, Longmont High School hired Schell as a physical
education teacher.  She also took the position of head girls'
volleyball coach.  Schell had attended Longmont High and,
although she had not taken any classes from VanderMolen, her
brother had played football for him. Consequently, VanderMolen
knew of her and that she had been an athlete in high school. Schell
coached volleyball for 10 years, until 1988.  She has also assisted
in coaching the girls' basketball and track teams.

     5.	When Schell first joined the physical education
department, she experienced a lack of cooperation from
VanderMolen.  For example, early in the fall of 1979, she had
softball equipment set up for use in class.  When she went to use it,
the equipment had been removed by VanderMolen or his aid.

    6.   With the change of some department personnel in the
ensuing years, relations in the department and between Schell and
VanderMolen went along smoothly enough. For several years,
Cramer, VanderMolen, and Schell were the entire physical
education department, although others had roles in coaching
various team sports.  Each could have a gym or separate portion of
the field, so the opportunity for conflict was diminished.

     7.	Schell has been chair of the physical education department
since approximately 1981 or 1982.  The chair has the
responsibility of creating and ensuring that the department adheres
to its budget, scheduling use of the athletic facilities, convening
and leading departmental meetings, and developing and
administering consistent programs in the best interests of the
students.

     8.	With the hiring of another physical education teacher in
1985 or 1986, conflicts over use of facilities increased, particularly
in the second and third terms when the classes were conducted
indoors because of  the weather. The conflicts centered around
Schell's exercising her responsibilities as department chair and
VanderMolen's taking the position that,  while she could set any
curriculum she wanted, he was going to teach what he wanted. 
About this time, Schell made the school administration aware that
VanderMolen was making it difficult for her to do her job.

     9.	Schell was so uncomfortable with the continuing conflict
with VanderMolen that
she asked for a transfer to another school.  That year, there were no
suitable openings in the School District, so she stayed at Longmont
High School.

     10.	 At about that time, Longmont High School began studying
changing from a         traditional school schedule to the block
schedule it now fellows.  Schell was energized by this possibility. 
She worked on a year-long faculty project to study the block
system, and decided to stay at Longmont, despite the tension in the
department.  In addition to the adoption of the block system,
Longmont added the 9th grade to its school.  The department hired
two additional teachers - Sixkiller and Jeff Kloster, in 1991 to
meet the
increased demands.

     11.	Sixkiller had taught in the School District, at Lyons High
School, for the prior 17 years before coming to Longmont, and so
was known to the members of Longmont's physical education
department.  Upon coming to Longmont, she assumed the position
of coach of the girls' volleyball team. Schell served as one of her
assistant coaches from 1991 through the fall 1994 season.  Under
Sixkiller's coaching, the volleyball team went. to the state
championship meet three times and came home with the title
twice.

B.	FALL 1991 - SPRING 1994

     12.	 The conflict in the department intensified with the hiring
of Sixkiller and Kloster, in part because of the crowded facilities
and complicated scheduling that resulted from having six physical
education teachers in the same basic facility that had once housed
half as many teachers and in part because of  VanderMolen's
opposition to the hiring of Sixkiller.  VanderMolen stated to the
Fact-Finders that he had been against hiring Sixkiller because she
had a reputation of being difficult to work with.  His opposition at
the time, however, was actually directed to what. he described as
her "alternative lifestyle." He said to an administrator, "Why are
you hiring another lesbian?" 

     13.	 In October 1991, Schell submitted her written resignation
as chair of the physical
education department to Principal H. D. "Duke" Aschenbrenner,
stating "my reasons for
resigning boil down to one individual on our staff, Dave
VanderMolen."  She continued:

While I have thoroughly enjoyed working with members of
our department over the years, I can truly say that Mr.
VanderMolen has not been easy to work with as a person or
as a processional.  Mr. VanderMolen is contrary to ideas,
suggestions, etc. that I or other department members voice. 
He is stubborn and refuses to work with me on department
issues.  He has opposed the block plan from the start and
will not cooperate with me on issues that range from
facility usage to course content.  Mr. VanderMolen does
not follow course guidelines as written in the student
course description book and has commented numerous
times that he will not. "change."  He displays a "my way or
no way" attitude....

Finally, I will no longer subject myself to Mr.
VanderMolen's attempts to intimidate me, or his bullying,
sexist and personal attacks on me during department
meetings.  His antagonistic behavior and sarcasm directed
toward me can no longer be dismissed.

     14.	 VanderMolen learned of Schell's resignation and
approached Kloster, suggesting that he, new to the department that
fall, take over as chair.  While VanderMolen says he approached
Kloster because he is "easy to work with," the Fact-Finders find
that VanderMolen stated that the department chair should be in the
hands of a man. Aschenbrenner and some of the physical
education teachers persuaded Schell to withdraw her resignation as
department chair, but she garnered no more cooperation from
VanderMolen than she had received before the resignation.

     15.	 In about 1991 or 1992, the curriculum on the weight
training program became a topic of department discussion.
VanderMolen had seen a program developed by Vinnis Serniak, a
physical educator at C.S.U. VanderMolen liked the program and
suggested to Schell that the department adopt it.  Schell was
hopeful that this was an indication that VanderMolen would agree
to a consistent department curriculum, something that he had
resisted strenuously in past years.  Serniak made a presentation to
the department, which "bought" the program, meaning it spent
about $600 for the class and teacher materials describing the
program. The existing equipment in the weight room was suitable
for use with the new program.  The basic program called for
weight training four days a week and alternative exercise the fifth
day.  After the program was adopted, VanderMolen refused to
follow the specifics of the program and continued his teaching
schedule of three days weight training and two days alternative
activities. In response to Schell's request that the department had to
have the same classes, so that students would accomplish the same
objectives regardless of which teacher they had, VanderMolen
would respond, "I'm not  going to do it." 

     16.	 After the Serniak weight program had been adopted,
Longmont had periodic
evaluation by North Central, the accreditation agency for
Longmont High School.  Serniak personally reviewed the
curriculum and performance of  Longmont's physical education
department as part of that assessment.  He recommended that all
weight training classes adopt the four days on/one day off
schedule.  VanderMolen continued to refuse to comply. 

     17.	During 1992, Schell and Sixkiller accommodated
VanderMolen to avoid conflicts.  As examples, Sixkiller agreed to
take only half of the gym for her class, although it meant that half
of her class sat idle since she could only set up three badminton,
etc. courts for a total of 12 players at any one time.  She ceded the
other half to VanderMolen's class who would engage in a
recreational sport on the off days from weight training.  Not only
Schell and Sixkiller tried to accommodate VanderMolen to avoid
conflict, but the male members of the department did likewise.

  18.  After 1992, the physical education teachers,  each in his or
her own way, rather than through collective action,  decided that it
was unacceptable to be accommodating VanderMolen, when the
real impact was on the students in their classes. He was supposed
to be in the weight room with his Ironworks classes and not in the
gym, on the softball field, etc.  Schell delegated facilities
scheduling to Kloster so that she would not have to deal with
VanderMolen. Schell then asked Kloster not to assign her class to
an area shared with VanderMolen's class. She changed her
personal fitness class to begin in the weight room, rather than the
gym, as would be typical and preferable, to assure that her students
would have access to the equipment.

     19.	 VanderMolen was frustrated because he wanted to teach
his class how he wanted to teach it and was being told to teach it
differently.  He related this back to the women in his department. 
He felt that Schell and Sixkiller kept trying to change his program. 
As they pushed, he pushed back.

     20.  Although VanderMolen assured the Fact-Finders that he
did not generally have a problem with women in authority, they
find this statement not credible and contrary to VanderMolen's
other specific statements to them and to others.  His actions also
belie his statements.  As examples: 

a.	In December 1993, there was an incident in the kitchen in
the teacher line in which VanderMolen threw a tray of food on the
kitchen supervisor and said loudly,   "No goddamn women is [sic]
going to tell me what to do. "

b.	VanderMolen has stated to others in the department that he
has trouble getting along with women.

c.	VanderMolen has told school administrators and School
Board members that he has trouble with women in authority and
that a woman should not be the head of the physical education
department.

d.	VanderMolen told the Fact-Finders that, "I only have
problems with women who want to boss me around" : [sic]"What I
don't like is when they [Schell and Sixkiller] manipulate me"; and
"Why am I the only one who ever has to change?"

C.   THE MAY 1994  EVENTS

     21.	 VanderMolen, Schell, and Sixkiller started on a collision
course in May 1994.  During Spring 1994, Sixkiller was teaching
Team Games.  Prior to this time, Schell had delegated
responsibility for facilities scheduling to Kloster so she could
minimize her contact and conflict with VanderMolen.  Sixkiller's
class was scheduled for a unit of flag football, followed by a unit
of softball. Longmont High School does not have enough
equipment for all students in two classes to be fully outfitted to
play either of these
sports at the same time.  During the "activity" days that were part
of VanderMolen's Ironworks class, Kloster scheduled the facilities
such that VanderMolen's class would play softball the first half of
the term and flag football the second half - the opposite of the
Team Games class schedule.  On Thursday, May 12, 1994,
Sixkiller's Team Games class was beginning the softball unit. 
Sixkiller saw VanderMolen taking gloves out of the cabinet to use
with his class.  Sixkiller said to VanderMolen, "Coach I need those
for my class."  VanderMolen replied, "You will not tell me what 1
can and cannot do.  I will do what I want."  He said this in a loud,
threatening manner, standing close to her, red in the face, peering
over his glasses.  Sixkiller was physically frightened and
embarrassed because this confrontation took place in front of her
class.  She was so upset that she left her class and went directly to
Schell, the department chair.  Schell reported the incident to
Principal Aschenbrenner, who decided he had had enough conflict
in the physical education department and convened department
lunch meetings the following week to discuss the difficulties in the
department.

PART TWO FOLLOWS
From: [email-masked]
Date: Wed, 26 Apr 1995 13:16:00 -0400
Subject: Fact finding on anti-gay coach 2

PART 2 OF3

     22.   The department met with Aschenbrenner on Tuesday, May
17 and Wednesday, May 18.  Aschenbrenner stated that there was
conflict in the department that needed to be resolved. 
Aschenbrenner allowed as how each conflict seemed to revolve
around VanderMolen.  Aschenbrenner asked each department
member to say how he or she saw the cause of the conflict.  While
each member said something quite positive about VanderMolen,
they also identified areas of concern and conflict relating to him. 
Aschenbrenner responded emphatically, pounding his hand on the
table, and said, "This is going to stop.  I can't allow a situation
where one member of a department won't let the others work." 
Among other things, VanderMolen was told to conform to the four
day lifting weight training program beginning the following fall.

     23.  The meetings were scheduled to continue until the
department resolved its differences. That was not to be. On the
morning of Thursday, May 19, VanderMolen was in the restaurant
BC's having his weekly breakfast prayer meeting with two of his
Amway dealers.  Schell stopped in with a friend for a quick
breakfast before school. VanderMolen and his party were in one
booth.  Schell sat two booths away (that is, one booth intervened),
facing the back of VanderMolen's head.  VanderMolen did not
know Schell was in the restaurant.  As part of their process,
VanderMolen and his colleagues stated how they were feeling and
asked the group to pray with them over their concerns. 
VanderMolen described what was happening in the lunchtime
department meetings, that he had been "gone over pretty good" by
the other members of  the department and that he f elt he had been
treated unfairly.  VanderMolen laughed, mocked Aschenbrenner,
and reported that he had pulled the wool over the department's
eyes.

     24.	 When she returned to the school, Schell informed
Aschenbrenner that she had overhead VanderMolen in the
restaurant, that she would not attend another lunchtime meeting as
VanderMolen was not taking the process seriously, and that she
wanted to confront VanderMolen about the restaurant conversation
in Aschenbrenner's presence. Aschenbrenner went to VanderMolen
and asked him what was going on, reporting that someone had
heard VanderMolen calling Aschenbrenner a buffoon and
criticizing the block program. Later that day, Schell went to the
area of the school office where VanderMolen and Aschenbrenner
were talking.  Schell told VanderMolen that she was the one who
had overheard him.  VanderMolen called her a liar.  In their
interchange near the office, VanderMolen stood so close to Schell 
that  he was breathing on  her.  He  stood  with his hands on his
hips and made big gestures with his arms. Schell told
VanderMolen what she had heard and suggested that, "Instead of
carrying that bible, you should start living by it."  After this
confrontation, Aschenbrenner said to Schell, "You were real brave
to stand up to him."

D.	SUMMER AND FALL 1994

     25.	From the time Sixkiller was hired in 1991 and certainly
since the May 12, 1994 incident concerning the softball
equipment, VanderMolen had little or no communication with her. 
After the restaurant incident in May 1994, VanderMolen and
Schell essentially did not speak to each other.

     26.	Following the restaurant incident, VanderMolen made a
concerted effort to belittle and undermine Schell and Sixkiller,
both in direct confrontations with them and indirectly, by
involving other faculty at Longmont and in the School District and
Longmont students.

     27.	 Schell and Sixkiller have been instrumental in building a
climbing wall in the small gym.  The east end of that wall extends
near a hanging basketball backboard.. Schell and Sixkiller were
appropriately concerned that a climbing student might fall against
the sharp edge of that backboard and sustain injury.  To protect the
students, they cut a mat and affixed it around the backboard.  The
Fact-Finders find that the mat in question was a royal blue
gymnastics-style mat, approximately 3 feet wide by 25 feet long. 
No two interviewees gave the same dimensions for the mat.  If
new, the mat would be worth approximately $600.

     The mat had not been used by anyone in the physical education
department for at least five years, and perhaps as many as 15 years. 
There were three such mats, and Schell and Sixkiller used only one
of them to rim the backboard. Kim Pruitt, the gymnastics coach,
had designated it for "discard," meaning that it would be taken
would be taken to a central School District warehouse, where any
other school could take the mat or, if no school could use it, it
would be sold. Schell and Sixkiller consulted with Pruitt about
using the mat and obtained her permission.  VanderMolen claimed
that the mat was one of his wrestling mats and that Schell and
Sixkiller had no right to cut it up.  If  VanderMolen did indeed
have any interest or use for this mat,  neither Schell nor Sixkiller
knew this, since VanderMolen had not used it to their knowledge. 
The Fact-Finders find that VanderMolen had not recently used the
mat.  Even if he had, however, the Fact-Finders conclude that, but
for the ongoing battle between VanderMolen and the two women
coaches, he would have recognized the safety issue to which Schell
and Sixkiller were responding.

     The mat was cut up and placed on the backboard shortly after
the climbing wall was completed in the early spring of 1994, but
VanderMolen did not voice any complaint until after the May 17
and 18 department meetings and the May 19 restaurant incident. 
VanderMolen stayed on the mat issue with unrelenting energy.  He
raised it at an August 19 department meeting in an argumentative
and threatening tone. He raised it to coaches outside of the school,
significantly exaggerating its size and value.  He called Schell and
Sixkiller "dumb women" in the process.  He chewed it over with
his classes.  Some of his students could not understand how he
could be so angry about a mat.  

    The Fact-Finders see VanderMolen's exaggeration of this minor
situation as an exemplar [sic] of VanderMolen's intentional effort
to create an impossible atmosphere for Schell and Sixkiller.

     28.	 VanderMolen spoke to his classes in a way that demeaned
the classes Schell or Sixkiller were conducting. He also spoke to
individual students in Schell or Sixkiller's classes to the effect that
they were not tough enough to be in his class.  As examples,

a.	In the Fall 1994, he said to his weight training class that
there are people in the department who don't think you have a right
to use the P.E. equipment, insinuating that Sixkiller was one such
person.  He went on to say, "But that's okay.  I love you and I will
get you the equipment because I love you."

b.	VanderMolen would tell his class that they were going to
play smashed mouth volley ball, not like the people in the other
class who had to do drills.

c.	VanderMolen would exchange comments with students in
other classes, stating that VanderMolen's class would come down
there and kick their butts;

d.	VanderMolen approached students in Schell or Sixkiller's
classes, telling them that they were not tough enough to be in his
class.  He also shouted over the balcony in the gym to players in
Tom Aiello's baseball practice that, using more graphic language,
they did not have what it takes to be wrestlers.

These statements are given as examples, not as a complete list of
such remarks.  The Fact-Finders find little dispute that comments
such as these occurred, and that they occurred with respect to male
as well as female staff.  Many of the comments may simply reflect
VanderMolen's gruff,  jocular manner.  As to the students, they
may well have thought either that he was kidding or, as he might
say, giving them attention.  As to some teachers, the statements
may have been taken in jest.  Because of  the existing tension with
Schell and Sixkiller and others, they saw them as hostile jabs. 
Students characterized as "mean" VanderMolen's statements or
actions directed to other teachers.  The other teachers, whether
male or female, were irritated and embarrassed by these comments
and, because they felt it  inappropriate to confront another teacher
before students,  felt bested by these encounters.

     29.	 In describing several instances, Schell or Sixkiller talked
about feeling physically threatened and intimidated by
VanderMolen.  VanderMolen did not hit or inappropriately touch
Schell or Sixkiller.

     VanderMolen is known to have an explosive temper.  At least
three incidents were common knowledge to the Longmont High
School faculty.  In 1991, VanderMolen had a fist fight with a
janitor, when the janitor objected to VanderMolen's kicking a
locked door to gain entry. VanderMolen's account differs as to who
struck whom; VanderMolen reports that the janitor struck him on
the side of the face twice, at which time VanderMolen pinned him
to the floor in a wrestling lock.  Although VanderMolen stated
several times to the Fact-Finders that he was "exonerated," in fact
he was reprimanded for his conduct and told that any such incident
could result in dismissal.

     In December 1993, VanderMolen forcefully pushed a tray of
food in the kitchen supervisor's face because she wanted to charge
him for taking an extra helping of salsa.  Not only did he end the
tug of war over the tray with a swift and purposeful tilting of the
tray toward her, but he then pulled his arm across his chest, in a
motion that made onlookers believe he was about to strike the
woman with the back of his fist.

     VanderMolen has been involved in team brawls on the football
field.  Some interviewees credit him with starting at. least one such
fight at a football game at Poudre Valley High School in the fall of
1990.

     Others have witnessed VanderMolen use his physical presence
in an intimidating manner, even going so far, in one instance in the
spring of 1994, as suggesting to a woman coach that they settle a
dispute about whether swimming elongates the muscles by going
outside and settling it right then and there.  In another incident, he
told a faculty member that he was going to wrap her cane around
her neck and stick what was left in her ear.  In the Spring of 1993,
VanderMolen started an argument with Tom Aiello, the head
baseball coach, because Aiello told Kloster (rather than
VanderMolen directly) of Aiello's displeasure with VanderMolen's
letting his class play softball on the baseball diamond.  This
dispute was in the teacher's lounge, and others in attendance had to
break up the argument.

     What was physically intimidating to Schell or Sixkiller may not
seem intimidating  to the male teachers in the physical education
department or to VanderMolen.  For example, in January 1995,
Schell was discussing repair of the deadlift platform with Cramer. 
VanderMolen joined the conversation, uninvited, and said to
Schell, "You don't know how to fix it.  I'll have my brother, a man,
fix it." Schell felt that VanderMolen was physically invading her
space, standing close in a threatening and intimidating manner. 
Cramer was not aware that Schell was feeling threatened.

     The Fact-Finders find that Schell and Sixkiller did feel
physically threatened based on VanderMolen's history and the
postures taken toward them, even though a man might not have felt
threatened by the same posturing.

E.	VANDERMOLEN'S PROGRAM TO GET RID OF
SCHELL AND SIXKILLER

     30.	 Before the May incidents (the department meetings and
restaurant incident), VanderMolen was frustrated with the other
department members, especially the women, trying to change him
and tell him how to run his weight program.  After the May
incidents, he moved beyond frustration to a proactive campaign to
get rid of Schell and Sixkiller.  He did this surreptitiously, but not
subtly, in discussions with others in the school, in the School
District, and outside the school.  His frustration was largely based
on what he saw as unwarranted interference in his interaction with
his kids by Schell and Sixkiller. Several witness [sic] indicated that
they felt he was also jealous of the success of the volleyball
program.  His frustration on was also fueled, perhaps to a lesser
degree, by his belief that they are lesbians, that they have what he
calls "an alternative lifestyle, " and that the bible says this is
wrong.  The testimony of interviewees suggests that VanderMolen
embraced the issue of sexual orientation as a vehicle to rid himself
and Longmont of Schell and Sixkiller

    31.	VanderMolen's vocal opposition to homosexuality is
widely known among the faculty and administration at Longmont. 
When [name deleted]  was hired in the mid-1980's,  he inquired if
she were gay, mentioning how sick and tired he was of working
with "that type."  Years ago, VanderMolen would ask, referring to
Schell and later to Sixkiller, "Why had those lesbians been hired?" 
He talked openly to the other coaches, expressing ideas such as
"We need to stick together; you know there are two lesbians in the
other locker room.  We don't want them taking over." He spoke of 
Schell and Sixkiller in disparaging terms, often calling Sixkiller
"Sexkiller."

     32.	 The contest with the women was an ongoing fight, which
he pursued more vigorously as the administration put pressure on
him.  He reported this to people on the coaching staff, apparently
to enlist their aid.  His comments would run to "It's a fight.  I am
going to win. The guys in the P.E. department have to stick
together.  They're not going to win.  I've got them by the balls this
time."  He would say to coaches, "We've got to get those people.
We've got to stop those people."  Sometimes not making it clear
whether he was talking about Schell or Sixkiller or both.   Lifestyle
was always part of it, although it was clear to the coaches that he
felt wronged in the scheduling and administration process.

     To others in the School District, he has said, I'm really getting
tired of those lesbians taking over our department; they just think
they can do whatever they want"; "I don't know how long I can put
up with it.  I am going crazy"; and then later asking, "What are we
going to do about all these fag coaches and teachers?" 

    33.	 Even in front of parents, VanderMolen would make such
comments. For example, at the breakfast before last fall's football
tournament game in Durango, a former football parent asked how
things were going at L.H.S.   He responded, "Things are going
great except that I am having trouble working with the lesbians in
the P.E. department."

     34.	 VanderMolen was warned many times that such comments
were inappropriate and would get him in trouble.  Warnings came
from his school administration, from people in the School District
administration, and from fellow supportive coaches. In response to
one such warning that included the admonition that, if he kept it
up, he would get in trouble, he replied, "I know." 

     35.	 The most formal warning came on January 19, 1995 in a
meeting with Aschenbrenner, the principal, and Dr. Thelma
Bishopp, assistant superintendent, human resources.
Aschenbrenner called the meeting after learning that Jonny
Romero, a member of the custodial staff, and VanderMolen had
been overheard talking about "the lesbians." The meeting between
Romero and VanderMolen resulted from another incident directed
at Schell.  The weight room floor was scheduled for cleaning
during Christmas break 1994. Romero was to move the weights
after all classes had finished using the weight room. VanderMolen
assisted Romero by having his class move the equipment earlier in
the day, which interfered with Schell's conducting her Personal
Fitness class in the weight room. Schell  expressed her
dissatisfaction to Romero, thinking he had moved
equipment.  Romero was discussing this with VanderMolen when
their comments were overheard. VanderMolen did not deny
making the statements, retorting, "a lesbian is a lesbian."
Aschenbrenner and Bishopp advised VanderMolen that his
inappropriate conduct must cease and that what he was doing
amounted to sexual harassment under the School District's policy
against sexual harassment.  Aschenbrenner and Bishopp warned
VanderMolen that he would be subject to disciplinary action if he
continued these actions toward Schell and Sixkiller. 
Aschenbrenner and Bishopp discussed other matters with
VanderMolen at the January 19 meeting not material to the sexual
harassment allegations.

     36.	 At times, a student would ask VanderMolen in class,
during role call, which VanderMolen also used to convey
motivational messages, what he thought of alternative lifestyles. In
response, he would say that he did not approve, that students could
read about it in the Bible.  He said, "God would not agree with
what they do."  More frequently, his comments were to women
students either individually or in small groups, sometimes with
male students also present. 

    VanderMolen spoke frequently with some female students about
how he hated an alternative lifestyle, how gross it was, how he
disagreed with it, and how he had not wanted Sixkiller hired.  He
would ask questions about Schell, but more frequently about
Sixkiller, to gather information. Many of these students were in the
volleyball program and some were players who had been cut or
were less successful than they hoped to be. VanderMolen sought to
exploit their possible dissatisfaction,  particularly with Sixkiller. 
For example. he would ask if, after the volleyball team won the
state championship, Sixkiller had hugged this player.  He would
ask a female student if she were uncomfortable dressing in front of
Sixkiller.  To one student in Ironworks, he asked, "Who taught you
to do those squats, those men-haters?" To another student, when
another woman P.E. teacher walked into the room, he whispered,
"Oh, I hate them." At least once, he referred to the women P.E.
teachers as dykes.  VanderMolen would approach women on
Sixkiller's volleyball team to undermine their loyalty, asking one
woman how she could play with a person who was gay and stating
to another that he wanted to investigate this "faggot bullshit."

These young women often had some prior connection to
VanderMolen through brothers or other relatives who had played
football or wrestled for him.  Their reaction was aptly summed up
by one young woman, who said, "I love Coach Van, but what he's
doing is wrong."

F.    THE JANUARY 25, 1995 PETITION

     37.	While VanderMolen was engaged in this almost daily
campaign against Schell and especially Sixkiller, an opportunity
presented itself through some female Ironworks students who
harbored discontent unrelated to VanderMolen's issues or concerns
with Schell and particularly with Sixkiller.  VanderMolen was able
to channel this discontent into the January 25, 1995 petition drive.

     38.  Sometime in November 1994, [name deleted], a Longmont
High School senior and VanderMolen's aid in his second period
Ironworks class, unburdened herself of personal issues.  She
ultimately complained about these same matters to two School
Board members and to Superintendent Roger Driver.  Her problem
focused on her perception of how she had been mistreated by
Sixkiller in volleyball, which she played in 9th through 11th
grades.  As a freshman, she was on the junior varsity team.  She
expected to make the varsity in later years, but did not.  From a
series of interviews, it is clear that her volleyball skills did not
improve from year to year and that she had a "bad attitude" that
interfered with team effort and cohesiveness.  Despite inquiries by
[name deleted] and her mother, her deficiencies were not
sufficiently explained, so she and her family persisted in the belief
that her failure to make the team was the result of some personal
vendetta Sixkiller had for her.

     39.   [name deleted]  revelations to VanderMolen  went beyond
treatment as a volleyball player.  [name deleted] reported to
VanderMolen specific instances of Schell's discussion and
advocacy of an alternative lifestyle, Sixkiller's assignment of her
locker within sight of Sixkiller's office, sexually questionable
volleyball practice drills, and their telling dirty jokes on the
volleyball team bus.  [name deleted] identified students who could
corroborate her statements. The Fact-Finders interviewed a number
of these young women and, without exception, they refuted in
explicit terms what [name deleted] has alleged.  In many instances,
they gave other examples to illustrate that what [name deleted]
alleged would have been impossible or highly unlikely to have
occurred.

Clearly, there was ineffective communication about [name
deleted] failure to make the varsity volleyball team.  The  Fact-
Finders  find  that  her assertions about improper conduct by either
Schell or Sixkiller to be without substantiation. 

    40.  On the one hand, VanderMolen responded appropriately to
[name deleted] assertions, urging her to bring her complaint to the
administration and, when she declined to speak to Longmont's
principal or assistant principal, encouraging her and arranging for
her to meet with a School Board member.  Although, after this
meeting, the School Board member believed that the problem had
been solved by allowing [name deleted] to voice her concerns,
VanderMolen saw to it that [name deleted] allegations were
brought to the attention of a second School Board member. 
Ultimately, [name deleted] and her parents met with
Superintendent Roger Driver and Dr. Thelma Bishopp, Assistant
Superintendent, Human Resources on January 31, 1995 to discuss
her assertions.

PART 3 FOLLOWS
From: [email-masked]
Date: Wed, 26 Apr 1995 13:16:18 -0400
Subject: Fact finding on anti-gay coach 3

PART 3 OF 3 

 41.	 VanderMolen saw [name deleted] complaint as the vehicle
to further his own objective of "getting" Schell and Sixkiller.  He
attended [name deleted] interview with the School Board member,
and actively coached her recitation of the improper conduct
aspects of the complaint.  In addition, he used [name deleted]
complaint as a launching pad for discussion of the women coaches
with the women in the Ironworks class for which [name deleted]
served as aid. Frequently, during the second term (especially the
period after Thanksgiving and before Christmas break),  he raised
the issue of  the women P.E. teachers.  VanderMolen would often
ask the young women if they were strong enough to do "this,' [sic]
how tough they were, did they have the guts to do "this," and could 
they handle the pressure of "this."  The young women in his class
would answer that they were tough enough to deal with "this."  The
"this" was the petition ultimately circulated on January 25, 1995. 
VanderMolen made clear, however, that he could not be associated
in any way with the petition. 

     42.	 Some women students are genuinely concerned about
dressing in front of women physical education teachers whom they
believe to be lesbians.  The Fact-Finders interviewed many young
women about Schell and Sixkiller's conduct in the locker room and
elsewhere and, uniformly, were told that they never said or did
anything that these young women considered inappropriate; they
did not assign lockers in the P.E. locker room where there [sic]
offices were, but allowed each student to select a locker; and
usually they were not in the locker room when women were
changing.  All the young women explained that changing for gym
amounts usually to changing one outer layer for another outer
layer.  The young women do not take all their clothes off and do
not take showers after they exercise.  Even the young women who
devised and circulated the petition did not focus on any specific
actions, but instead relied on the analogy to their going into the
boys' locker room, and the discomfort that they assume the boys
would feel.

     43.	 VanderMolen had used the petition concept previously in
situations where he believed student pressure would advance his
objectives.  In Spring 1994, when the physical education
department was involved in the disagreement over three or four
days of lifting in the weight training program, VanderMolen had
his students write letters, which he delivered to the administration,
supporting the three-day alternative. One student even wrote an
article for the school paper, but it was ultimately not published.

     44.	Also in the Spring of 1994, the tension within the football
coaching staff had mounted to the level that Cramer was unwilling
to coach the following season with VanderMolen.  The rumor
spread among the students that VanderMolen was being fired.
While the source of this rumor is unknown, the students circulated
a petition in VanderMolen's support.

     45.  Discussion about the petition relating to the P.E. teachers
and the girls locker room continued into the third term Ironworks
class, which began in mid January 1995. As part of  his
motivational effort, VanderMolen would make generalized
statements  often to the entire class, but the young women knew
they were directed to them, at. least in part, and what that direction
implied. On January 25, 1995,  the day the petition was circulated,
VanderMolen stated to the class "A man has to stand up for what is
right even though it is tough"  and "If you're going to do something,
do it."   The young women seized the day.  VanderMolen did not
order them to create and circulate the petition. VanderMolen stated
to the Fact-Finders that he knew nothing about the petition.  The
Fact-Finders find that he planted the seed of an idea, carefully and
faithfully nourished it, and waited for it to blossom.

     46.	 The three students who left VanderMolen's class to
circulate the petitions, [names deleted] and [name deleted] left 
their second period Ironworks class on January 25 with
VanderMolen's knowledge.  They went in their gym clothes to the
computer lab where they drafted the petition.  They walked around
the halls during the second period, collecting signatures.  A
teacher,  Neana Payne, saw them and informed the administration;
the petitions were collected; and a process of interviewing these
women and the other young women who had signed the petitions
was initiated.  The petitioners had no idea that their flirting with
the right to petition would become the subject of a public debate. 
At worst, they thought Aschenbrenner would toss the petitions in
the wastebasket.  At best, they thought the school would put
miniblinds over the glass in the physical education teachers'
windows.

     47.  This petition brought the dispute between VanderMolen
and Schell and Sixkiller to a level of public attention, ultimately
resulting in the filing of the complaints.  Although Aschenbrenner
instructed Schell, Sixkiller, and VanderMolen not to discuss this
matter with students, VanderMolen did circuitously, telling his
class how proud he was of them, that "A man's got to do what a
man's got to do"; and "I want you to know how much I appreciate
all the support you give me." On Thursday, January 26,
VanderMolen told his second period class, "I dearly thank you for
sticking up for what you think is right."  He said it to the class as a
whole, but the petitioners knew he was praising them. 

    48.  [name deleted] was scheduled to meet with Superintendent
Roger Driver on Friday, January  27,  1995 at 2:00 p.m. at the
administration building to air the complaints she first presented to
VanderMolen in November 1994.  Members of VanderMolen's
wrestling team and some of  the petitioners spread the rumor that
there was a School Board meeting at that time to consider to
consider whether VanderMolen should be fired.  They proposed a
walkout and demonstration at the administration building to show
their support for VanderMolen.  VanderMolen knew of the
planned walkout and demonstration and did nothing to discourage
it.

     The above constitutes the Findings of Fact of the undersigned
Fact-Finders. 

Andrea I. Williams                                             David R.
Hansen
Fact-Finder                                                       Fact-Finder