Richard E.

Slezak OSB #862906

res@slezaklaw.com
Richard E Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022
503 315-2026 facsimile
Attorney for Plaintiff




UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
JANE DOE

Plaintiff,

v
Case No. 3:14-cv-1527

COMPLAINT
Personal Injury and
Civil Rights claims
(28 USC 1331 and 28 USC 1343)

CHEMEKETA COMMUNITY COLLEGE;
and PATRICK L LANNING,

Defendants.
DEMAND FOR JURY TRIAL

JURISDICTION
1. Plaintiffs first two claims for relief against Defendant, Chemeketa
Community College arise under 42 USC 1983 and 20 USC 1681, respectively.
Page 1- COMPLAINT
Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022


Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 1 of 13
The court has federal question jurisdiction of the action under 28 USC 1331, and
civil rights jurisdiction under 28 USC 1343. This court has supplemental
jurisdiction of plaintiffs state claims under 28 USC 1367.
RELEVANT FACTS

2. At all times material, plaintiff was employed at Chemeketa
Community College (hereinafter, Chemeketa)
3. Defendant, Patrick L Lanning, (hereinafter, Lanning) was
employed by Defendant, Chemeketa Community College as Campus President
and Chief Academic Officer of Instruction and Student Services.
4. On or about February 5, 2014, plaintiff and Lanning, among others,
attended a school-sponsored conference at the Portland Airport Sheraton Hotel,
(hereinafter, the hotel) in Portland, Multnomah County OR.
5. In the evening hours of February 6, 2014, plaintiff and other
Chemeketa employees, including Lanning, were socializing and drinking at the
hotel bar. At some point, Lanning and plaintiff were seated next to each other.
On one or more occasions, Lanning commented that plaintiff was not drinking
fast enough and encouraged her to drink more quickly. On two occasions,
Lanning ordered plaintiff an additional drink without her permission.
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 2 of 13
6. During the same time and in the same place, Lanning made
unwanted and unwelcome physical contact with plaintiff, including rubbing her
back and shoulders, massaging her waist and buttocks, and touching her
between her legs underneath the table.
7. After the touching between the legs, plaintiff left the bar visibly
upset and crying. An executive dean of Chemeketa, Manual Guerra, who was
also attending the conference, escorted plaintiff to her hotel room.
8. Another dean, Susan Murray, followed, and met Guerra and
plaintiff at her room.
9. While at plaintiffs room door, the hotel telephone rang several
times. Dean Murray suggested that it was likely Lanning; that plaintiff did not
have to answer it; that she should not be afraid; and asked whether plaintiff
wanted her (Dean Murray) to stay in plaintiffs room with her for the night,
which plaintiff declined.
10. Thereafter, Lanning entered plaintiffs hotel room.
11. At all times material, Lanning was in plaintiffs hotel room. The
room was dark, with the curtains drawn, but Plaintiff was aware that Lanning
was on top of her in her bed. Plaintiff sensed Lanning was touching her; that his
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 3 of 13
hands were on her skin; that he was caressing her neck; that he was touching her
sexually; and that he was sexually penetrating her.
12. At the time Lanning entered plaintiffs hotel room, and thereafter
while he was in her hotel room, plaintiff was incapacitated, as defined in ORS
124.100(1)(c) and therefore, vulnerable, as defined in ORS 124.100 (1)(e)(C).
13. Lannings conduct was unwelcome, offensive, unprivileged and
without plaintiffs consent.
14. Plaintiff awoke the next morning, completely naked, her clothes
from the night before neatly piled on top of her shoes on the floor. Lannings
eyeglasses were on the nightstand next to plaintiffs bed.
15. The following day, February 7, 2014, plaintiff went to Silverton
Hospital Emergency Department where she underwent a forensic rape kit
examination by a forensic nurse in the Emergency Department, during which
plaintiff identified Lanning as her assailant.
16. The nurse telephoned Port of Portland Police to report a rape and
that Patrick Lanning had been identified as the assailant.
17. At all times material, Lanning was an agent of Chemeketa, acting
within the apparent authority of that agency.
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 4 of 13
18. At all times material, Lanning acted with the purpose of serving
Chemeketa, pursuant to the privileges granted to him by Chemeketa and its
Board of Trustees.
19. At all times material, Chemeketa permitted Lanning to sexually
abuse plaintiff by acting or failing to act to protect her from Lanning when
Chemeketa knew of Lannings history of sexual misconduct, including his prior
sexual harassment of another female employee at Chemeketa in 2012.
20. Pursuant to ORS 30.275, plaintiff timely filed a Tort Claim Notice
advising Chemeketa of her intent to commence this action.
21. Pursuant to ORS 124.100 (6), a copy of this complaint will be served
on the Oregon Attorney General within 30 days of the date of the date this
complaint is filed.
22. Pursuant to ORS 124.100 (2)(b), plaintiff is entitled to an amount
equal to three times her noneconomic damages.
23. Plaintiff is entitled to her reasonable attorney fees pursuant to ORS
124.100 (2)(c).





Page 5- COMPLAINT
Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 5 of 13
SEXUAL BATTERY

24. For her first claim for relief against Lanning, plaintiff realleges
paragraphs 1 through 23 and incorporates them by this reference. She further
alleges that:
25. Lanning acted intentionally.
26. Lanning subjected plaintiff to harmful or offensive sexual contact.
27. The sexual contact caused plaintiff mental and emotional distress.
28. As a result of Lannings conduct, plaintiff sustained lost income
and benefits of $30,000; medical and counseling expenses of $12,000; diminished
future earning capacity of $220,000; and future medical and counseling expenses
of $120,000, to her economic damages of $382,000, all of which continue and
which will be finally determined at trial.
29. As a further result of Lannings conduct, plaintiff experienced and
still experiences mental and emotional suffering, much of which may be
permanent in nature, including fright, anguish, night terrors, fear, shock,
humiliation, embarrassment, and a general loss of enjoyment of life, to her
noneconomic damages of $4,500,000.
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 6 of 13
30. Lannings conduct was done with a wanton disregard for plaintiffs
health and safety, constituting an extraordinary transgression of the bounds of
socially tolerable conduct, and plaintiff is entitled to punitive damages.
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS

31. For her second claim for relief against Lanning, plaintiff realleges
paragraphs 1 through 30, and incorporates them by this reference. She further
alleges that:
32. Lanning intended to inflict severe emotional distress on plaintiff.
33. Lannings acts were the cause of plaintiffs severe emotional
distress.
INVASION OF PRIVACY
34. For her third claim for relief against Lanning, plaintiff realleges
paragraphs 1 through 30, and incorporates them by this reference. She further
alleges that:
35. Lannings conduct was an intentional physical and mental
intrusion into a place where plaintiff had secluded herself.
36. Lanning knew of should have known that the intrusion was highly
offensive to a reasonable person.
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 7 of 13
INTENTIONAL INTERFERENCE WITH
ECONOMIC RELATIONS

37. For her fourth claim for relief against Lanning, plaintiff realleges
paragraphs 1 through 30 and incorporates them by this reference. She further
alleges that:
38. Lanning was not a party to plaintiffs employment relationship
with the college.
39. Lanning intended to interfere with plaintiffs relationship with the
college, or knew that such interference was substantially certain to occur from his
conduct.
40. Plaintiff resigned her employment with the college, June 30, 2014.
41. Lanning interfered through improper means or for an improper
purpose with plaintiffs economic relationship with the college.
CIVIL RIGHTS
(42 USC 1983)

42. For her first claim for relief against Chemeketa, plaintiff realleges
paragraphs 1 through 30, and incorporates them by this reference. She further
alleges that:
43. Plaintiff had a liberty interest in being free from discrimination:
a. on the basis of her sex;
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 8 of 13
b. that results in sexual abuse;
c. that results in the deprivation of plaintiffs right to privacy;
d. that results in the deprivation of plaintiffs right to her good
reputation; and
e. that results in the deprivation of her right to pursue her livelihood.
39. At all times material, Lannings conduct deprived plaintiff of her
rights under the United States and Oregon Constitutions, as specifically
described above.
40. The college was a local government entity under 42 USC 1983.
41. Lanning was an official of the college, with final policymaking
authority; thus his conduct constituted official government policy.
42. Lannings conduct was made in deliberate indifference to plaintiffs
rights protected by the United States and Oregon Constitutions, and laws of the
United States and Oregon.
43. Lannings conduct was made under color of state law, while acting
in his official capacity with the college.
44. Lanning was aware of a specific risk of harm to plaintiff that could
have befallen her, and did, in fact, befall her, as a result of Lannings conduct.
45. Plaintiff is entitled to her attorney fees under 42 USC 1988(b).
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 9 of 13
46. Plaintiff entitled to punitive damages under 42 USC 1983.
TITLE IX
(20 USC 1681)

47. For her second claim for relief against Chemeketa, plaintiff
realleges paragraphs 1 through 30, and 43 through 46, and incorporates them by
this reference. She further alleges that:
48. Chemeketa receives federal financial assistance for education
programs and activities under Title IX, which prohibits discrimination in
employment, under any education program or activity of recipients without
limitation.
49. Chemeketa unlawfully discriminated against plaintiff on the basis
of her sex.
NEGLIGENCE
(Special Relationship)

50. For her third claim for relief against Chemeketa, plaintiff realleges
paragraphs 1 through 30 and incorporates them by this reference. She further
alleges that:
51. There was a special relationship between Chemeketa and plaintiff
that created a duty of supervision to not unreasonably expose plaintiff to a
foreseeable risk of harm;
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 10 of 13
52. Chemeketas conduct in failing to protect plaintiff from Lanning
posed a foreseeable risk of harm to plaintiff to be free of sexual assault or abuse
of the kind that befell her;
53. Chemeketas conduct in light of this risk was unreasonable; and
54. Plaintiff was a member of the class of persons and her injury was
within the general type of potential incidents and injuries that made
Chemeketas conduct negligent.
NEGLIGENCE
(Foreseeability)

55. In the alternative to her fourth claim for relief, and for her fifth
claim for relief against Chemeketa, plaintiff realleges paragraphs 1 through 30
and incorporates them by this reference. She further alleges that:
56. Chemeketa was negligent in the following:

a. failing to use reasonable care in investigating and granting Lanning
privileges to work at Chemeketa;
b. in failing to properly supervise Lanning during the conference at
the hotel; and
c. in concealing Lannings prior instances of sexual harassment of his
subordinate employees;
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 11 of 13
VICARIOUS LIABILITY
57. For her fourth claim against Chemeketa, plaintiff realleges
paragraphs 1 through 30, and incorporates them by this reference. She further
alleges that:
58. Lannings position with Chemeketa provided him with the
opportunity to sexually assault plaintiff. Lannings acts were substantially within
the time and space limits authorized by his employment; were motivated, at least
in part, by a purpose to serve Chemeketa; and was of a kind that Lanning was
hired to perform.
59. Lannings rank was sufficiently high so as to make him
Chemeketas proxy, and Lannings negligence is imputed to Chemeketa.
DEMAND FOR JURY TRIAL
60. Plaintiff demands a jury trial.
Wherefore, plaintiff prays for judgment against defendants, and each of
them, as follows:
a. Against both defendants, for her economic damages of $382,000;
her noneconomic damages of $4,500,000; and her costs and disbursements;
b. Against both defendants for her reasonable attorney fees;
c. Against both defendants for triple the noneconomic damages; and
Page 12- COMPLAINT
Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 12 of 13
d. Against Lanning for plaintiffs punitive damages.
DATED: this __24
th
_ day of September, 2014


/s/ Richard E. Slezak
Richard E. Slezak OSB #862906
res@slezaklaw.com
Attorney for Plaintiff


20674 complaint doe/ech
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Richard E. Slezak PC
6446 Fairway Ave SE Suite 120
Salem OR 97306
503 315-2022

Case 3:14-cv-01527 Document 1 Filed 09/24/14 Page 13 of 13
JS 44 (Rev. 12112)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEX'I' PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
Jane Doe
(b) County of ResidenceofFirst Listed Plaintiff Marion County OR
(EXCEPT IN U.S. PLAINTIFF CASES)
( C) Attorneys (Firm Name, Address, and Telephone N11111ber)
Richard E. Slezak PC
6446 Fairway Ave SE Suite 120 Salem OR 97306
503.315.2022
DEFENDANTS
Chemekta Community College
and Patrick L Lanning
County of Residence of First Listed Defendant Marion County. OR
(JN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDENINATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
II. BASIS OF JURISDICTION (Pia" an "X"foOnaBaxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Pioca an "X" in Ona Baxf" Plaintiff
0 I U.S. Government
Plaintiff
0 2 U.S. Government
Defendant
3 Federal Question
(U.S. Government Not a Party)
O 4 Diversity
(Indicate Citizenship of Parties in Item Ill)
IV. NATURE OF SUIT (Placean "X"in One Box Only)
0 110 Insurance PERSONAL INJURY PERSONAL INJURY
0 120 Marine 0 310 Airplane 0 365 Personal Injury
0 130 Miller Act 0 315 Airplane Product Product Liability
0 140 Negotiable Instmment Liability 0 367 Health Care/
0 150 Recove1y of Overpayment 0 320 Assault, Libel & Phannaceutical
& Enforcement of Judgment Slander Personal Injllly
0 151 Medicare Act 0 330 Federal Employers' Product Liability
0 152 Recovery ofDefaulted Liability 0 368 Asbestos Personal
Student Loans 0 340Marine lnjwy Product
(Excludes Veterans) 0 345 Marine Product Liability
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY
ofVeteran's Benefits 0 350 Nlotor Vehicle 0 370 Other Fraud
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 TmthinLending
0 190 Other Contract Product Liability 0 380 Other Personal
0 195 Contract Product Liability 360 Other Personal Property Damage
0 196 Franchise Injury 0 385 Property Damage
0 362 Personal fujmy - Product Liability
Medical Malpractice
-
-
f
0 210 Land Condemnation 0 440 Other Civil Rights Habcns Corpus:
CJ 220 Foreclosure O 441 Voting 0 463 Alien Detainee
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate
0 240 Torts to Land 0 443 Housing/ Sentence
0 245 Tort Product Liability Accommodations 0 530 General
0 290 All Other Real Property 0 445 Amer. w/Disabilities 0 535 Death Penalty
Employment Other:
0 446 Amer. w/Disabilities 0 540 r-.fondamus & Other
Other 0 550 Civil Rights
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee
Conditions of
Confinement
V. ORIGIN (Placean "X"inOneBoxOnly)
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
Citizen of This State 0 I 0 I Incorporated or Principal Place 0 4 0 4
Citizen of Another State
Citizen or Subject of a
Forei n Count!
0 625 Dmg Related Seizure
-
ofPrope1ty 21 use 881
0 690 Other
-
0 710 Fair Labor Standards
Act
0 720 Labor/Nfanagement
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
CJ 791 Employee Retirement
Income Security Act
ofBusiness In This State
0 2 0 2 Incorporated and Principal Place
of Business In Another State
0 5 0 5
0 3 0 3 Foreign Nation 0 6 0 6
0 422 Appeal 28 USC 158 0 375 False Claims Act
0 423 Withdrawal 0 400 State Reapportionment
28 USC 157 0 410 Antitrust
0 430 Banks and Banking
0 450 Conunerce
0 820 Copyrights O 460 Deportation
0 830 Patent 0 470 Racketeer Influenced and
0 840 Trademark Com1pt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 861 HIA (1395ft) 0 850 Securities/Commoditiesl
0 862 Black Lllllg (923) Exchange
0 863 DIWC/DIWW (405(g)) 0 89-0 Other Statuto1y Actions
0 864 SSID Title XVI 0 891 Agricultural Aots
0 865 RSI (405(g)) 0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
01 Defendant) Agency Decision
0 871 IRS-Third Party 0 950 Constitutionality of
26 USC 7609 State Statutes
0 462 Nauualization Application
0 465 Other Immigration
Actions
)g{ 1 Original 0 2 Removed from
Proceeding State Court
0 3 Remanded from
Appellate Court
0 4 Reinstated or
Reopened
CJ 5 Transferred from
Another District
(specifjt)
0 6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do notcite}ul'isdlctlonalstatutes tmle.fs dive,.sity):
28 use 1331 and 28 use 1343
VI. CAUSE OF ACTION
VII. REQUESTED IN
COMPLAINT:
Personal Injury; Civil Rights
0 CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND$
VIII. RELATED CASE(S)
IF ANY (See instructions):
ruDGE
DATE
09/2412014
FOR OFFICE USE ONLY
RECEIPT# AMOUNT
SIGNATURE OF ATTORNEY OF RECORD
sf Richard E Slezak
APPLYING IFP
CHECK YES only if demanded in complaint:
JURY DEMAND: )11 Yes 0 No
DOCKET NUMBER
JUDGE MAG.JUDGE
Case 3:14-cv-01527 Document 1-1 Filed 09/24/14 Page 1 of 1