From: CORick@aol.com Date: Wed, 26 Apr 1995 13:15:06 -0400 Subject: Fact-finding on anti-gay coach 1 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: CORick@aol.com 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: CORick@aol.com 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