TSC Lawsuit Jake Robinson

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 1 of 21
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA
LAFAYETTE DIVISION
JANE DOE, individually and as mother and
natural guardian of JANE DOE 2
Plaintiff,
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) Case No. 4:15-CV-00056
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vs.
TIPPECANOE COUNTY SCHOOL
CORPORATION BOARD OF TRUSTEES,
TIPPECANOE COUNTY SCHOOL
CORPORATION, JOHN BEEKER, and
FRED ROOP,
Defendants.
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT

Tippecanoe School Corporation (improperly named as Tippecanoe County School
Corporation Board of Trustees and Tippecanoe County School Corporation), John Beeker, and Fred
Roop, by counsel, hereby answer or otherwise respond to the Plaintiffs Complaint:
Parties
1.
Jane Doe 2 was born on XX/XX/1998. She is, and was at all relevant times
herein, a minor. At all relevant times herein, Jane Doe 2 lived in Lafayette, Tippecanoe County,
Indiana.
ANSWER:
Defendants are without sufficient information to admit or deny the
allegations of Paragraph 1.
2.
Jane Doe 1 is the mother and natural guardian of Jane Doe 2. At all relevant times
herein, Jane Doe 1 was a resident of Lafayette, Tippecanoe County, Indiana.

ANSWER:
3.
The defendant Tippecanoe School Corporation Board of School Trustees is the
governing body of the Tippecanoe School Corporation and is charged with the duty of
administering the laws governing the Tippecanoe School Corporation. Scott Hanback is the
Superintendent of the Tippecanoe County School Corporation.
ANSWER:
Defendant TSC admits that it is governed by a school board and that its
superintendent is Scott Hanback, but Defendants deny all other allegations of Paragraph 3.
4.
The defendant Tippecanoe County School Corporation is a political subdivision of
the State of Indiana. Its principal place of business is in Lafayette, Tippecanoe County, Indiana.
ANSWER:
5.
Defendants admit the allegations of Paragraph 4.
The Tippecanoe County School Corporation controls and operates McCutcheon
High School, a high school in Lafayette, Tippecanoe County, Indiana. The Tippecanoe County
School Corporation employs the staff and teachers at McCutcheon High School and sets policies,
procedures and bylaws for Tippecanoe School Corporations staff and students.
ANSWER:
6.
At all relevant times herein, Tippecanoe County School Corporation and
McCutcheon High School received federal funding for education programs or activities as
defined under 20 U.S.C. 1687.
ANSWER:
7.
Defendant John Beeker was at all relevant times herein the principal of
McCutcheon High School and an employee of the Tippecanoe County School Corporation and
acting under the color of law. At all relevant times herein, John Beeker was responsible for
enforcing and providing daily policies at McCutcheon High School as well as the daily
governance and operation of McCutcheon High School.

ANSWER:
Defendants admit that John Beeker is the principal of McCutcheon High
School, but are without sufficient information to admit or deny the remaining allegations of
Paragraph 7.
8.
Defendant Fred Roop was at all relevant times herein was an Assistant Principal
of McCutcheon High School and employee of the Tippecanoe County School Corporation and
acting under the color of law.
ANSWER:
Defendants admit that Fred Roop was the assistant principal of
McCutcheon High School (and remains employed with TSC as the principal of Wea Ridge
Middle School) but are without sufficient information to admit or deny the remaining allegations
of Paragraph 8.
General allegations
9.
At all relevant times herein, the Tippecanoe County School Corporation employed
Jakob Robinson as a teacher and coach at McCutcheon High School. Jakob Robinson was known
by the McCutcheon staff, especially among the athletic staff, to seek out and enjoy the personal
attention of female students.
ANSWER:
Defendants admit that Jakob Robinson was employed as a teacher and coach
at McCutcheon High School but deny all other allegations of Paragraph 9.

10.
Jane Doe 2 attended McCutcheon High School from August 2012 to May 2015.
ANSWER:
11.
Indiana law recognizes that a student between the age of 16 and 18 is not able to
consent to a sexual relationship with her teacher. I.C. 35-42-4-7.

ANSWER:
Defendants deny the allegations of Paragraph 11.
12.
A teacher-minor student sexual relationship is illegal and improper because teachers
have custodial and supervisory control over students; teachers are able to create an artificial social
context involving the exercise of their power and authority to manipulate the relationship and control
the childs feelings; teachers have influence over a student because they are put into a position of
trust and mentor; a childs maturity level does not allow them to psychologically understand the
situation and circumstances of a relationship with adult teachers; and the age disparity between
teachers and students.
ANSWER:
Defendants admit that a teacher-minor student sexual relationship is a criminal
offense on the part of any such teacher, but are without sufficient information to admit or deny the
remaining allegations of Paragraph 12.
13.
Tippecanoe County School Corporation and officials at McCutcheon High School
knew that it was criminal for a teacher to have sex with a minor student.
ANSWER:
Defendants are without sufficient information to admit or deny the allegations
of Paragraph 13.
14.
At all relevant times herein, McCutcheon High School staff fostered an atmosphere
where flirtation between teachers and students was permitted and accepted.
ANSWER:
15.
At all relevant times herein, McCutcheon High School failed to ensure that teachers
maintained clear and proper boundaries of the teacher-student relationship. It failed to have
appropriate policies in place, did not properly enforce the proper boundaries, did not properly train
its employees in connection with maintaining proper boundaries, and did not properly respond to
other teachers and staff who failed to practice appropriate boundaries.
ANSWER:
16.
Officials at McCutcheon High School allowed Jakob Robinson to take advantage of
his position as a teacher, coach, and mentor to foster an improper relationship with Jane Doe 2, and
then engage her in sexual activity.
ANSWER:
17.
During Jane Doe 2s freshman year, when she was 14 years old, she was assigned to
Jakob Robinsons physical education class. During this class, Jakob Robinson threw a ball at Jane
Doe 2s butt during breaks in dodge ball, picked Jane Doe 2 up by her waist, and showed Jane Doe
2 frequent inappropriate attention that was observable by other McCutcheon students and staff. Jane
Doe 2 was known as Jakob Robinsons teachers pet.
ANSWER:
Defendants admit that Jane Doe 2 was a student in Robinsons class during
her freshman year but are without sufficient information to admit or deny the remaining allegations
of Paragraph 17.
18.
During both semesters of Jane Doe 2s sophomore year, when she was 15 years old,
Jakob Robinson was Jane Doe 2 teacher, and during the first semester she was assigned to Jakob
Robinson as a student assistant. During second semester, Jane Doe 2 spent her lunch periods with
Jakob Robinson while visiting with him during a class he was teaching other students.
ANSWER:
of Paragraph 18.
19.
During sophomore year, Jakob Robinson would regularly visit and flirt with Jane Doe
2 in the hallway both before school and several times during the day in between classes usually in
the company and observation of teacher/head football coach Ken Frauhiger. Jakob Robinson wrote
passes for Jane Doe if their visits and flirting were going to make her late for class. Several times
while Jane Doe 2 was in class with another teacher, Jakob Robinson brought soft drinks to her under
the observation of McCutcheon High School staff. Jakob Robinson also delivered drinks to Jane
Doe 2, at school and during her sport practices and under the observation of McCutcheon High
School staff.
Jakob Robinson regularly hugged Jane Doe 2 at school. Towards the end of the
school year, the hugs became more intense. Students and staff at school verbally questioned Jakob
Robinsons relationship with Jane Doe 2 because they were always together.
ANSWER:
20.
The violations of appropriate teacher-student boundaries were regularly witnessed
by numerous Tippecanoe County school corporation employees and staff.

ANSWER:
21.
Jane Doe 2 was at McCutcheon High School for sport conditioning and practices on
most days during the summer after her sophomore year. Before or after these practices Jakob
Robinson would regularly visit and flirt with Jane Doe 2; and these visits and flirtation were
observed by McCutcheon High School staff. Robinson regularly texted with Jane Doe 2, and the
texts became more sexually suggestive.
ANSWER:
22.
During the first semester of Jane Doe 2s junior year, when she was 16 years old,
Jakob Robinson again had Jane Doe 2 in class and she was also again his student assistant. Jakob
Robinson continued to hug Jane Doe 2 on a regular basis. He continued to visit and flirt with Jane
Doe 2, both before school started and in the hallway, in between classes. Jakob Robinson provided
passes to Jane Doe 2, so she could spend her Wednesday activity periods visiting with him. Jakob
Robinson regularly ate lunch with Jane Doe 2, the two of them alone in the football office yet
regularly observed by the athletic director, Ryan Walden, and the head football coach, Ken
Frauhiger. They would take their lunches from the cafeteria and carry them out to the football office,
walking together through the McCutcheon High School halls and under the observation McCutcheon
High School staff.
ANSWER:
23.
During junior year Jane Doe 2 was reassigned from being Jakob Robinsons student
assistant to a study hall. Nonetheless, Jakob Robinson wrote a pass for Jane Doe 2 to get her out
of her assigned study hall at any time so she could continue to come and visit with him. This
inappropriate get-out-of-class-pass to visit Robinson at any time was known by McCutcheon High
School staff.
ANSWER:
24.
On no less than three occasions, Jane Doe 1 voiced her concerns to defendant John
Beeker about Jakob Robinson. These concerns included that Jakob Robinson and Jane Doe 2 were
eating lunch alone in the football office and that their relationship appeared to exceed a proper
teacher-student relationship.
ANSWER:
25.
Defendant John Beeker dismissed Jane Doe 1s concerns.
No officials at
McCutcheon High School ever investigated Jane Doe 1s concerns. No officials at McCutcheon
High School monitored Jakob Robinsons relationship with Jane Doe 2. No officials at McCutcheon
High School did anything to deter Jakob Robinsons improper teacher-student relationship.
ANSWER:
26.
Had officials investigated Jakob Robinsons relationship with Jane Doe 2, they would
have discovered the improper relationship.

ANSWER:
27.
In October 2014, Jakob Robinson began having illicit sex with Jane Doe 2 and telling
Jane Doe 2 that no one could find out about it.

ANSWER:
of Paragraph 27.
28.
After Jakob Robinson started his illicit sexual relationship with Jane Doe 2, he
groped, kissed, heavily petted, and had inappropriate physical contact with her multiple times a week
at McCutcheon High School; sometimes his physical groping occurred during the time that Jane Doe
2 was changing clothes after class with Jakob Robinson. On frequent occasions, Jakob Robinson
gave Jane Doe 2 the keys to his car and had Jane Doe 2 leave the McCutcheon High School building
before school was dismissed. Jakob Robinson would then leave the building after school dismissal,
meet up with Jane Doe 2 in the McCutcheon High School parking lot, and drive Jane Doe 2 to a
place to have illicit sex with her; Jakob Robinson would then return Jane Doe 2 to McCutcheon High
School. Jakob Robinson continued to visit and flirt with Jane Doe 2 before school, during passing
periods and during lunch. Students and staff at McCutcheon High School continued to verbally
question the relationship.
ANSWER:
29.
In December 2014, a patron of a local business saw Jakob Robinson and Jane Doe
2 and notified school administrators that Jakob Robinson's relationship with the student appeared
to exceed a normal student-teacher relationship. Officials at McCutcheon High School did nothing
to investigate this report. Officials at McCutcheon High School did nothing to investigate or monitor
Jakob Robinsons relationship with Jane Doe 2. Officials at McCutcheon High School did nothing
to stop the reported improper relationship.
ANSWER:
30.
On December 18, 2014, Jakob Robinson took Jane Doe 2 from school during the
middle of the school day to have sex with her. Officials at McCutcheon High School observed Jakob
Robinson taking Jane Doe 2 off of school property in violation of school policies. The school
officials did not stop Jakob Robinson. Instead, defendant Beeker phoned Jane Doe and informed
her that her daughter left school, mid-day, with Robinson. John Beeker asked Jane Doe 1 not to call
or text her daughter because he was having them followed. Beeker had defendant Fred Roop follow
Jakob Robinsons vehicle. Roop observed Robinson and Jane Doe 2 enter Robinsons residence.
Defendant Roop failed to intervene. Rather, he returned to McCutcheon High School and left Jane
Doe 2 with Jakob Robinsons at his residence where they had sex. Defendant Beeker later phoned
Jane Doe 1 and informed her that Robinson and her daughter were watched after they left school but
there was nothing about which to be concerned. Jane Doe 1 again expressed her concerns about
Robinsons relationship with her daughter.
ANSWER:
Defendants admit that Jane Doe 2 and Robinson were observed leaving the
school on that day but deny all other allegations of Paragraph 30.
31.
Defendant John Beeker, defendant Fred Roop, and officials at McCutcheon High
School failed to report the incident as required by law. They failed at all times to adequately
investigate this incident or Jakob Robinsons relationship with Jane Doe 2. Officials at McCutcheon
High School failed to adequately monitor or deter Jakob Robinsons relationship with Jane Doe 2
at any time.
ANSWER:
32.
During Christmas break, Jakob Robinson had illicit sex with Jane Doe 2 at his
parents house and at McCutcheon High School, when Jane Doe 2 was there for sport conditioning
and practices.
ANSWER:
of Paragraph 32.
33.
When school resumed in January, Jakob Robinson continued to have illicit sex with
Jane Doe 2, continued to visit and flirt with Jane Doe at school in the morning and in between
classes, and continued to grope, pet, kiss and inappropriately touch her at McCutcheon High School.
ANSWER:
of Paragraph 33.
34.
Jakob Robinson was arrested on January 9, 2015, after a person unrelated to the
school contacted the police about Jakob Robinsons relationship appearing to exceed a proper
teacher-student relationship. Jakob Robinson was charged with 5 counts of child seduction and has
pleaded guilty on all counts on June 25, 2015.
ANSWER:
Defendants admit that Robinson was arrested and convicted of certain crimes,
but are without sufficient information to admit or deny the allegations of Paragraph 34.
35.
Officials at McCutcheon High School and Tippecanoe County School Corporation
publicly claimed to have no knowledge, or reason to know, of Jakob Robinsons improper or illicit
sexual relationship with Jane Doe 2.
ANSWER:
Defendants admit the allegations of Paragraph 35, and did not know or have
reason to know of any such relationship prior to Robinsons arrest.

36.
After Jakob Robinson was arrested, Jane Doe 2 was ostracized at McCutcheon High
School. Students harassed and mocked her, and taunted her about the specific details of sexual
activity, as reported in the newspaper.
ANSWER:
37.
Jane Doe 2 is a victim of child seduction, and she is psychologically damaged by
Jakob Robinsons actions and the failure of officials at McCutcheon High School to prevent the
illegal and illicit conduct of its employee.
ANSWER:
38.
Following the arrest of its teacher and coach, the officials at McCutcheon High
School failed to treat Jane Doe 2 as a victim. They failed to protect her from harassment from other
students. They failed to offer any appropriate counseling. They failed to ensure that she would not
be further victimized. They failed to express any remorse for being sexually abused by a teacher and
coach.
ANSWER:
39.
Instead, McCutcheon High School staff and administration avoided eye contact with
her. Jane Doe 2 was suddenly singled out by McCutcheon High School officials for discipline and
detentions. McCutcheon High Schools athletic director, McCutcheon High Schools head girls
basketball coach, and a counselor at McCutcheon High School pulled Jane Doe 2 out of class and
tried to persuade her to quit playing basketball. When she refused to quit, she was benched nearly
the rest of the season.
ANSWER:

Negligence
40.
Plaintiff incorporates by reference paragraphs 1 through 39, as if fully stated herein.
ANSWER:
41.
Defendants incorporate by reference their prior responses.
Plaintiff timely served an Indiana Tort Claim Notice on the respective defendants, by
certified letter dated March 19, 2015. This tort claim notice concerned Plaintiffs negligence claims
under Indiana tort law. Plaintiffs Tort Claim was deemed denied, per IC 34-13-3-11, on June 19,
2015.
ANSWER:
of Paragraph 41.
42.
At all relevant times herein, defendants Beeker, Roop and other administration,
teachers and staff, were acting within their scope of employment.

ANSWER:
Defendants admit the allegations of Paragraph 42 as they pertain to Beeker
and Roop only, but are without sufficient information to otherwise admit or deny the allegations of
Paragraph 42.
43.
During the relevant periods herein, Tippecanoe County School Corporations By-
Laws and Policies provided that [s]chool employees shall use care to safeguard the health, safety
and welfare of students at all times during the school day and when the students are engaged in
special activities sponsored by the school.
ANSWER:
of Paragraph 43.
44.
The health, safety and welfare of students referenced in defendants bylaws and
policies, includes the protection from the harm resulting from a teachers improper and sexual
relationship.
ANSWER:
of Paragraph 44.
45.
McCutcheon High School and Tippecanoe School Corporation had a common law
duty to exercise ordinary and reasonable care for the safety of its students, including the duty to
monitor its teachers interactions with its students, to protect students physical and emotional wellbeing and to properly supervise and train its employees.
ANSWER:
Defendants admit that TSC owes its students a duty of reasonable care, but
are without sufficient information to admit or deny the remaining allegations of Paragraph 45.
46.
The staff and the administration of McCutcheon High School were on notice of an
improper relationship between Jakob Robinson and Jane Doe 2. The staff and the administration
of McCutcheon High School were in a position to prevent and stop the improper relationship. The
staff and the administration of McCutcheon High School, in the exercise of reasonable care, should
have protected Jane Doe 2 from Jakob Robinson and his improper and sexual relationship. The
officials at McCutcheon High School were negligent in providing for Jane Doe 2s safety.
ANSWER:
47.
At all relevant times herein, Tippecanoe County School Corporations By-Laws and
Policies provided that [s]tudents shall be under the supervision of the school at all times during the
school day so long as they remain on the school premises, are involved in school-approved activities,
or on the school bus.
ANSWER:
of Paragraph 47.
48.
Under I.C. 20-33-8-8(a), McCutcheon High School officials and Tippecanoe School
Corporation had a statutory duty to properly supervise its students. Officials at McCutcheon High
School are negligent per se because they failed to properly supervise Jane Doe 2.
ANSWER:
49.
Under I.C. 31-33-5-1 and I.C. 31-33-5-2, McCutcheon High School officials and
teachers, defendant John Beeker, and defendant Fred Roop, were required to report instances of
suspicion that a child is a victim of child seduction. The Tippecanoe County School Corporation
is negligent per se because defendant John Beeker, Defendant Fred Roop and other teachers and staff
failed to make the proper reports.

ANSWER:
50.
Had the officials at McCutcheon High School investigated Jakob Robinsons lack of
proper boundaries, or the concerns repeatedly voiced by Jane Doe 1 about her daughter, or the
concern voiced by a patron who called into the school, or the rumors about Jakob Robinson, then
they would have discovered Jakob Robinson conducting an improper relationship with Jane Doe 2,
which he then manipulated into an illicit sexual relationship.
ANSWER:
51.
As a direct and proximate result of the negligence and fault of the defendants, the
Plaintiff has incurred damages, including but not limited to, mental and psychological injury, trauma,
psychological treatment, future psychological treatment, emotional damages, emotional distress,
harm to her relationship with her mother and father, embarrassment, difficulties with normal peer
relationships, expenses involved in changing schools, and future increased risks of psychological
injury and difficulties.
ANSWER:
WHEREFORE, Defendants request that the Plaintiff take nothing by way of her Complaint and that
Defendants be awarded fees, costs, and expenses to the full extent allowed by law.
Title IX violations
52.
Plaintiff incorporates by reference paragraphs 1 through 51, as if fully stated
herein.
ANSWER:
53.
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681(a),
provides that no person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefit of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.
ANSWER:
54.
As a citizen of the United States, Jane Doe 2 is entitled to protection from sexual
discrimination and from exclusion in the participation in, or benefits of, any education program
or activity receiving Federal financial assistance.
ANSWER:

55.
A minor high school student does not have the legal capacity to welcome a
teachers improper relationship, sexual advances or physical sexual conduct.

ANSWER:

56.
Tippecanoe County School Corporations policies defines acts constituting sexual
harassment to include (a) sexual propositions, invitations, solicitations, and flirtations; (b)
inappropriate touching and patting; and (c) inappropriate boundary invasions by an adult member
of the school corporation into a students personal space and personal life.
ANSWER:

57.
Jakob Robinsons inappropriate and illicit sexual relationship, and child
seduction, was sexual harassment that adversely affected Jane Doe 2s participation in
educational programs and activities and created a hostile educational environment for Jane Doe
2.
ANSWER:

58.
Defendant John Beeker and other officials at McCutcheon High School, with
authority to institute corrective measures, had actual knowledge of Jakob Robinsons

inappropriate conduct and obvious inappropriate relationship, amounting to sexual harassment of
Jane Doe 2.
ANSWER:
59.
Tippecanoe County School Corporation and officials at McCutcheon High School
have a legal duty to immediately and appropriately remedy sexual discrimination and sexual
harassment occurring in the context of its educational programs and activities.
ANSWER:

60.
Despite having both constructive and actual notice of the above-described
conduct, defendant John Beeker, officials at McCutcheon High School, and officials at
Tippecanoe County School Corporation, failed to make immediate and appropriate remedial
action.
ANSWER:
Defendants deny the allegations of Paragraph 60, in part because they deny
any such knowledge.

61.
Defendants dismissal of Jakobs Robinsons conduct with Jane Doe 2 observed at
McCutcheon High School on a daily basis, dismissal of the Jane Doe 1s concerns that Jakob
Robinsons relationship with her daughter was improper, dismissal of patrons reports of Jakob
Robinsons relationship with Jane Doe 2 exceeding what is permissible, and dismissal of Jakob
Robinsons act of taking Jane Doe 2 to his residence, all amounted to a clearly unreasonable
response and deliberate indifference.

ANSWER:
Defendants deny the allegations of Paragraph 61 and deny that any of the
described acts or omissions occurred.

62.
Defendants attempts to have Jane Doe 2 quit sports, limiting her playing time,
singling her out for discipline and detentions, and other actions, all amounted to a clearly
unreasonable response and deliberate indifference.
ANSWER:
Defendants deny the allegations of Paragraph 62 and deny that any of the
described acts or omissions occurred.

63.
By failing to take immediate and appropriate action, the officials of McCutcheon
High School and Tippecanoe County School Corporation, aided and perpetuated sexual
discrimination against Jane Doe 2, and otherwise limited her enjoyment of her rights, privileges,
advantages and opportunities, all in violation of Defendant's legal duty and Title IX mandates.
Furthermore, Plaintiff was subjected to emotional and psychological abuse.
ANSWER:
WHEREFORE, Defendants request that the Plaintiff take nothing by way of her Complaint and
that Defendants be awarded fees, costs, and expenses to the full extent allowed by law.
Section 1983 violations
64.
Plaintiff incorporates by reference paragraphs 1 through 63, as if fully stated
herein.
ANSWER:
65.
Plaintiff is entitled to the equal protection of the laws under the Fourteenth
Amendment of the United States Constitution, and due process of law under the Fifth and
Fourteenth Amendment of the United States Constitution.
ANSWER:

66.
Jane Doe 2 has a substantive due process right to bodily integrity and a
constitutional right to be free from sexual harassment and sexual discrimination.

ANSWER:

67.
John Beeker, Fred Roop, and officials at McCutcheon High School and
Tippecanoe County School Corporation, accepted and fostered a policy that permitted patterns
and a history of improper boundaries of teacher-student relationships, flirtation between teachers
and minor students, inappropriate touching by teachers of students and idolizing of male teachers
and coaches by female students, all of which favored sexual harassment and discrimination of its
students and fostered an atmosphere which violated students bodily integrity and which allowed
improper relationships flourished.
ANSWER:
68.
Tippecanoe County School Corporation, were deliberately indifferent to Jakob Robinsons

known improper relationship; by such indifference, they aided sexual discrimination, and created
a hostile educational environment.
ANSWER:
69.
Defendants attempts to have Jane Doe 2 quit sports, limiting her playing time,
singling her out for discipline and detentions, and other actions, all amounted to a clearly
unreasonable response, deliberate indifference, bad faith and intentional discrimination.
ANSWER:
70.
Tippecanoe County School Corporation, caused Jane Doe 2 to be subjected to sexual

discrimination and sexual harassment. The result of defendants' actions deprived Jane Doe 2 of
her right of federal equal protection and due process rights guaranteed by the Fifth and
Fourteenth Amendments and made actionable under 42 USC 1983.
ANSWER:
WHEREFORE, Defendants request that the Plaintiff take nothing by way of her
Complaint and that Defendants be awarded fees, costs, and expenses to the full extent allowed by
law.
AFFIRMATIVE DEFENSES
Defendants, pursuant to Fed. R. Civ. P. 8, assert the following affirmative
defenses:
1.
The Complaint, in whole or in part, fails to state a claim upon which relief may be
granted.
2.
The contributory negligence of Jane Doe 1 and/or Jane Doe 2 bars recovery
against the Defendants.
3.
The Defendants are entitled to absolute immunity, qualified immunity, or any

other immunity available to them under federal or Indiana law.
4.
One or more of the Defendants are immune from suit pursuant to the Indiana Tort
Claims Act.
5.
As to all claims based in state law, the Indiana Tort Claims Act precludes the
individual liability of Beeker and Roop.
6.
Jane Doe 1 and/or Jane 2 failed to mitigate their damages.
7.
Jane Doe 1 and/or Jane Doe 2 assumed or incurred the risk of harm.
8.
Plaintiffs claims are without reasonable factual or legal basis such that
Defendants are entitled to recover their attorneys fees and costs for defending
plaintiff's claims under 42 U.S.C.A. 1983 pursuant to 42 U.S.C.A. 1988 and
for defending plaintiff's claims under Title IX pursuant to the provisions of Title
IX.
9.
The Plaintiffs have failed to exhaust all administrative remedies.
10.
The Plaintiffs have failed to comply with the terms of the Indiana Tort Claims
Act, including but not limited to the notice requirements.
JURY DEMAND
Defendants, pursuant to Fed. R. Civ. P. 38, demand a jury trial.
Respectfully submitted,
MEILS THOMPSON DIETZ & BERISH
By:
/s/ John W. Mervilde

Rick D. Meils (#9130-49)
John W. Mervilde (#21738-49)
Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that the foregoing has been served on August 4, 2015 through the
operation of the Courts Electronic Case Filing system upon:
Michael J. Stapleton
Gabriel N. Eberhardt
Elizabeth B. Searle
BALL EGGLESTON PC
201 Main Street, Suite 810
P.O. Box 1535
Lafayette, IN 47902
John W. Mervilde
Rick D. Meils
John W. Mervilde
MEILS THOMPSON DIETZ & BERISH
Two Market Square Center
251 East Ohio Street, Suite 830
Indianapolis, IN 46204
317/637-1383

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USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 1 of 21

UNITED STATES DISTRICT COURT

DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT

Defendants are without sufficient information to admit or deny the

herein, Jane Doe 1 was a resident of Lafayette, Tippecanoe County, Indiana.

Defendants are without sufficient information to admit or deny the

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 2 of 21

The defendant Tippecanoe School Corporation Board of School Trustees is the

The defendant Tippecanoe County School Corporation is a political subdivision of

Defendants admit the allegations of Paragraph 4.

The Tippecanoe County School Corporation controls and operates McCutcheon

Defendants are without sufficient information to admit or deny the

At all relevant times herein, Tippecanoe County School Corporation and

Defendants admit the allegations of Paragraph 6.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 3 of 21

governance and operation of McCutcheon High School.

Defendants admit that John Beeker is the principal of McCutcheon High

Defendants admit that Fred Roop was the assistant principal of

at McCutcheon High School but deny all other allegations of Paragraph 9.

Defendants admit the allegations of Paragraph 10.

consent to a sexual relationship with her teacher. I.C. 35-42-4-7.

Defendants deny the allegations of Paragraph 11.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 4 of 21

A teacher-minor student sexual relationship is illegal and improper because teachers

Defendants admit that a teacher-minor student sexual relationship is a criminal

Tippecanoe County School Corporation and officials at McCutcheon High School

Defendants are without sufficient information to admit or deny the allegations

Defendants deny the allegations of Paragraph 14.

Defendants deny the allegations of Paragraph 15.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 5 of 21

Officials at McCutcheon High School allowed Jakob Robinson to take advantage of

Defendants deny the allegations of Paragraph 16.

Defendants are without sufficient information to admit or deny the allegations

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 6 of 21

Defendants deny the allegations of Paragraph 19.

The violations of appropriate teacher-student boundaries were regularly witnessed

by numerous Tippecanoe County school corporation employees and staff.

Defendants deny the allegations of Paragraph 20.

Defendants deny the allegations of Paragraph 21.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 7 of 21

Defendants deny the allegations of Paragraph 22.

Defendants deny the allegations of Paragraph 23.

Defendants deny the allegations of Paragraph 24.

Defendant John Beeker dismissed Jane Doe 1s concerns.

Defendants deny the allegations of Paragraph 25.

have discovered the improper relationship.

Defendants deny the allegations of Paragraph 26.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 8 of 21

Jane Doe 2 that no one could find out about it.

Defendants are without sufficient information to admit or deny the allegations

Defendants deny the allegations of Paragraph 28.

Defendants deny the allegations of Paragraph 29.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 9 of 21

Defendants deny the allegations of Paragraph 31.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 10 of 21

Defendants are without sufficient information to admit or deny the allegations

Defendants are without sufficient information to admit or deny the allegations

Officials at McCutcheon High School and Tippecanoe County School Corporation

reason to know of any such relationship prior to Robinsons arrest.

Defendants deny the allegations of Paragraph 36.

USDC IN/ND case 4:15-cv-00056-RL-PRC document 10 filed 08/04/15 page 11 of 21

Jane Doe 2 is a victim of child seduction, and she is psychologically damaged by

Defendants deny the allegations of Paragraph 37.