uo Tos LPL creak STPEMORG sagaor rats Michael D. Rich #015979 ar Michael D Rich PLLC Case No, €2017398 2198 E Camelback Rd, Ste 375 RICHARD E: Phoenix. AZ 85016 (602) 802-8900 ch@murlawaz.com fin John Clune, Colorado Bar No. 27684, application for admission Pro Hac 1i.« fonteoming Hutchinson Black and Cook, LLC 921 Walnut Street, Suite 200 Boulder, CO 80303 (303) 442-6514 /clune hbeboulder.com [Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONS. IN AND FOR THE COUNTY OF PIMA NICHOLAS PAYNE HOGSED, individually | Case No.: Plaintiff, COMPLAINT ys | Tort . Non-Motor \ chicle ARIZONA BOARD OF REGENTS, operating as UNIVERSITY OF ARIZONA, a governmental body of the State of Arizona Defendant | For his complaint, NICHOLAS PAYNE HOGSED thereinatter “Plant ill" alleges as Flows, 1. PlaintifYis. and was at all times material herein, a resident of the County of Coweta, State of Georgia 2. Defendant Arizona Board of Regents. operating its Cunersity of Arizona (Hereinafter “UotA") is, and was at all times herein, a goverimental body of the State of Arizona organized and existing under the laws of the State of Arizona with its principal place af business located in Pima County. Arizona. 3. Richard James DeMont (*DeMont") was. at all applivaite umes herein, an lemployee or agent of the Arizona Board of Regents, and was aeting its wi agent. servant, oF UT {RDON9 10 u lemployee within the scope of his employment on behalf of Defendant Avizima Hoard of Regents. and therefore, Defendant Arizona Board of Regents should be hel liable (o Phuintitt for the actions, he estoppel ‘of DeMont on the theory of respondeant superivs, agency. eau other applicable Haw, Defendant Arizona Bourd of Regents is vicariously liahe Plaintiff sor al! injuries and other ‘damages caused by DeMont. | 4, Allacts and events alleged hereaiter occurred within the Counts of Pima, State of Arizona. 3. The minimum jurisdictional amount established for filing dhis action has been satisfied, 6. This Court has jurisdiction and venue is proper. 7. PlaintifY complied with all pretiminary notice provisions tw briny lain against Defendant, in that a written itemized claim was filed by personally serving ® Nntwe of Chim upon Defendant Arizona Board of Regents. Further, such claim did state what the Gaim wats for, the date of the oecurrence, and the amount to settle the claim. “This lawsuit is timely tiled 8 On August 21, 2016, Plaintiff was @ second-year studens wlviete ah the Vol altencling elasses as a scholarship athlete on the men’s swimiming team 9, PlaintifT had been recruited by UofA for the purposes of ssmning aller a very successful high school swim and academic career at East Coweta High Sehes! 1 Georgia 10. eu eEN|ssswimmis ESOT iff reported the assault to the UofA as well ay to the men» -svinmmting coaches. including DeMont.6 20 13. Instead of wking any action 10 address the hestifity, Coach DeMont retaliated against him by repeatedly blaming. demeaning, and belittling Plaintil? for repwrting the matter to the ofA Dean of Students office. 14, DeMont informed Plaintiff that he was hurting the team and that he was to blame he victim amd needed 10. for getting beat up. DeMont further indicated that PlaintitT was playir be aman.” DeMont further told Plaintiff that his door was always open if Plaintitf wanted to talk bout something real instead of “this pissant bullshit IS. Over the course of the semester. [JeMont continued w talicule Maintif? and encouraged him to quit the swim team, 16. Inthe following weeks, PlaintitY was ostracized by DeMoni, Piaiotil was informed that DeMont instructed his teammates to have nothing to do with him, DeMont coli eanimates to ignore Plaintiff, going as far as telling wammates not to converse with lins wil vt &9 sevimn in lanes next to him at practice. Plaintiff was alienated and isolated. 17. PlaintisY began seeking a transler to another schovl 18, Inorder to do so, Plaintiffasked DeMont for a release whieh sould permit Plaintith to swim at another university. 19, DeMont stated to Plaintiff that he would only provide a rele 11 Plaintill dropped his complaint to the Dean of Students against the teammate who assaulted! funy askin Plaintl “Are you done retaliating? {"m not sure I want to give you the release unless | know yaw are done retaliating” in an apparent reference to the complaint lodged. 20. On December 15, 2016, due to the hostile environment and severe mental anguish jereated by DeMont, Plaintiff gave up his education at Lot and left for 21, Inthe months following the assault and due to DeMont’s abusive conduct, PlaintitT suffered weight loss, anxiety, sleep disruption. flashbacks in dreams. stomitcl siektess, loss of appetite. stress. fear. and headaches,20 COUNT ONE: NEGLIGENC! 22. Plaintiff re-alleges and incorporates paragraphs [-21 above is it filly set forth herein. 23. Defendant owed a duty of care to its students t0 respon! Uo reports a student on student violence that affeets the education of a student. 24. Defendant knew or should have known that by ignoring « report of physical violence by a member of the men’s swimming team. and retaliating against MaintitY by harassing Jand bullying him to leave school and instructing teammates t0 not farther sssoetate with hin Plaintif’s educational opportunities including swimming would be signitivinly stected 25. Defendant breached its duty of care by failing t0 addiess the violence against at behavior Plaintiff and responded instead with harassment and retaliation for reporting the of a fellow student. herein. 27. UotAsSASTRERHBENYGn its failure w adequately respond te Peis report of violence at the hands of another member of the swimming tearm and die to ats revalatory conduct 28. Defendant's negligence created an unreasonable tisk of boll hurat to Plant? by engaging in conduet that clearly constituted emotional harassment and bulls jg 29, Defendant's negligence was a cause of emotional distress te Pisin 30. Plaintiffs emotional distress resulted in phy sical injury of ittness to Plait 31. Asa result, Plaintiff has suffered damapes. INTENTIONAL INFLICTION OF EMOTION AL DISTRESS COUNT THRE 32. Plaintiff’ re-alleges and incorporates paragraphs 1-31 above is at lly set forth herein,! 33. DeMont’s conduct in retaliating against and bullying Plaintl? w leave the school and was extreme and outrageous. 3 34. DeMont’s conduct was either intentional or reckless 4 35. DeMont's conduct caused Plaintiff to suflier severe emotional shistens DAMAG! 6 36. Asadirect and proximate result of the negligent and/or reckless «ets and omissions 7 |Jor Defendant as alleged herein, Plaintiff sustained injuries which cawsed hin pain, suffering, 8 ||distress, mental and emotional anguish and anxiety, and @ general decrease in hus quality and 9 || enjoyment of life. 10 37. As a further direct and proximate resull of the negligent. recbless. and careless 11 ||conduct of Defendant, Plaintiff has incurred expenses for medlival cure, ancl my ineur expenses 12 [for future medical care. all in an amount to be proven at tial 3 38. Asa farther direct and proximate result of the negligent, reckless. and careless ¢ in Hinuure earnings, educational 14 }{ conduct of Defendant, Plaintiff has or may have suffered a deerea 15 |Jopportunities, and loss of scholarship benefits all in an amount to be proven sit 16 WHEREFORE. Plaintiff prays for judgment against the Defendant as follows: 7 (a) For Plaintiffs general and special damages: 18 (b) For Plaintiff's expenses incurred for past medical cate snd treaument of cel Plaintif?s’ injuries for titure medical treatment expenses 20 (c) For Plaintif?’s tost educational opportunities: a1 (4) For Plaintiff's past and future lost wages and loss o earning eupucity: 2 (©) For Plaintiff's eosts incurred hereie: 23 [Jers 24 fer20 o (e) DATED this For interest at the highest legal rate on all damayes ind costs fiom the time incurred on the date of such judgment, whichever is sooner. until paid and For such other and further relief as the Court deems just and proper Bday of August. 2017. MICHAEL D RICH PLLC And HUTCHINSON BLACK and COOK. 11 Mba 2 Micheel Rich, 015979 Michael D Rich PLLC 2198 E Camelback Rd. Ste 375 Phoenix, AZ 85016 (602) 802-8900 snvichamla By som John Clune. Colorado Bar No, 768+ application for admission (su Haw Vice fortheoming, Hutchinson Black andl Cook. 1.1 ¢ 2) Walnut Street, Suite 20 Boulder. CO 80303 (303) 442-6514 lunede ler Attomeys for Plaint