FILED 04/29/2019

Shirley Faust
CLERK
Missoula County District Court
STATE OF MONTANA
By: Matthew
__________________
Tanna
DV-32-2019-0000434-DQ
Quentin M. Rhoades Larson, John W

State Bar No. 3969 1.00

Kristin Bannigan
State Bar No. 36435405
RHOADES, SIEFERT & ERICKSON, PLLC
430 Ryman Street
Missoula, Montana 59802
Telephone: (406) 721-9700
qmr@montanalawyer.com
kristin@montanalawyer.com

Pro Querente

MONTANA'S FOURTH JUDICIAL DISTRICT COURT,

MISSOULA COUNTY

Cause No.:
MARK PLAKORUS
Department No.:
Plaintiff,

V. COMPLAINT
AND DEMAND FOR JURY TRIAL
THE UNIVERSITY OF MONTANA, a
unit of the Montana University
System,
Defendant.

Plaintiff, Mark Plakorus, through undersigned counsel, complains

against Defendant, the University of Montana, a unit of the Montana

University System, as follows:

PARTIES

1. Plaintiff, Mark Plakorus (Plakorus), resides in Post Falls, Idaho.

 2. Defendant, the University of Montana-(UM), is a unit of the
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Montana University System and is situated in Missoula County, Montana.
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JURISDICTION AND VENUE
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3. The Court has jurisdiction over the parties and the subject
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matter of this action.
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4. Venue is proper before this Court because the torts alleged
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occurred within Missoula County. _-
GENERAL ALLEGATIONS
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5. Plakorus is an unmarried adult.
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6. UM hired Plakorus to serve as its Head Women's Soccer

Coach in 2011.

7. Prior to coaching for UM, Plakorus worked as a soccer coach

for approximately seventeen years and served as Associate Head Coach

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rand Director of Soccer Operations at Texas Christian University; Amt.
Assistant

Women's Soccer Coach at the University of Tulsa; 4110

oftrvosilmablinsliaMali Assistant Women's
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Soccer Coach at the University of Iowa; Assistant Women's Soccer Coach

at the United States Air Force Academy; and Assistant Men's Soccer
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Coach
2 at the University of Colorado-Colorado Springs.
ftv 061110 Prior to coaching,
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Plakorus in the United States Air Plar
served as a commissioned Officer11117bAviigaliainairlirP-
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2
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for approximately twelve years until his honorable discharge while he held

the rank of Major.

8. During the seven years Plakorus served as Head Women's

Soccer Coach, he received one performance evaluation.

9. On June 13, 2013, Jean Gee, Senior Associate Athletic Director

and Senior Women's Administrator, completed Plakorus's sole employment

evaluation or "Performance Appraisal Form."

10. Jean Gee's evaluation recognized Plakorus was committed to

the team's academic success; committed to complying with National

Collegiate Athletic Association (NCAA) rules and regulations; committed to

complying with UM policies and procedures; and committed to student

welfare.

11. Jean Gee's evaluation recognized Plakorus, during his time as

coach, helped the team achieve an "athletic turn-around" and success.

12. On January 29, 2018, UM notified Plakorus it would not renew

Plakorus's employment contract that was set to expire approximately five

months later.

13. Prior to UM's non-renewal, one or more players complained

about Plakorus to UM.

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 14. In response, UM's Title IX office and coordinator initiated a

"climate survey."

15. While UM conducted the climate survey, UM assured Plakorus

he was not on probation or suspended and that it did not suspect him of

any misconduct regarding his players. UM encouraged Plakorus to

continue performing his employment responsibilities as normal, recruit as

normal, and attend the holiday party as normal.

16. The complaint that prompted the climate survey was that

Plakorus text messaged one or more of the players too often and/or too

late at night.

17. The Title IX climate survey concluded the complaint against

Plakorus lacked merit.

18. As part of its response, UM reviewed Plakorus's cell phone

records.

19. During his employment, UM provided Plakorus a cell phone and

encouraged him to use it for both personal, private communications and

professional communications.

20. UM did not forbid Plakorus from using the cell phone for

personal, private communications.

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 21. As Head Women's Soccer Coach, Plakorus was responsible for

recruiting new players and his communications with prospective players are

subject to NCAA compliance, for which UM is ultimately responsible.

22. Utilizing only one phone for both personal and professional

communications allowed UM to audit all of Plakorus's communications for

NCAA compliance.

23. UM's Compliance Policies & Procedures put Plakorus on notice

that his cell phone records could be audited for NCAA compliance. The

compliance manual did not put Plakorus on notice his cell phone records

could be reviewed for any other purpose.

24. Prior to the climate survey, UM had never audited Plakorus's

cell phone records before, or those of any other coach.

25. In auditing Plakorus's cell phone records, UM claimed some of

the numbers were associated with people who were associated with escort

services in Las Vegas.

26. UM did not renew Plakorus's contract and notified him

accordingly.

27. After receiving the non-renewal notice, UM asked Plakorus to

hold that evening's scheduled practice as normal and not notify the players

he would no longer be their coach until it could first notify UM's President.

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 28. On January 30, 2018, Plakorus exchanged e-mails with Kent

Haslam, UM's Athletic Director, regarding Plakorus leaving UM's

employment.

29. In the e-mails, Kent Haslam explained he would simply tell the

team that evening that "it was time for [Plakorus] to move on" without

providing them with any additional information.

30. Thereafter, Kent Haslam communicated with the media and on

February 1, 2018, the Missoulian published an article entitled "UM women's

soccer coach fired after texts to Vegas escort services surface," stating, in

part:

University of Montana women's soccer coach Mark Plakorus,

whose resignation was announced Tuesday, was asked to leave
after a UM investigation found he used a university-issued cell
phone to text escort services during recruiting trips to Las Vegas.

UM athletic Director Kent Haslam said Thursday that he and

Senior Associate Athletic Director Jean Gee looked through
Plakorus' phone records after players' complaints that their
coach was texting them excessively and at inappropriate times,
among other things.

"It was during that time we noticed outgoing texts and realized
they were affiliated with escort services," Haslam said in a phone
interview Thursday.

Hasiam said the results of the climate survey issued by the Title
IX office did not play into the decision to ask Plakorus to resign.

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 31. Additional articles published locally and nationally reveal UM

divulged even more information about Plakorus, including information from

Plakorus's personnel file and concerning his exit from UM's employment.

Further, UM disclosed multiple redacted copies of Plakorus's phone

records to the media.

32. In its communications, UM wrongfully implied Plakorus

committed acts of sexual misconduct, endangered his players' safety, and

inappropriately used UM resources.

33. After UM's multiple interviews and disclosures of Plakorus's

personnel record's contents and information regarding the climate survey to

the media, and despite his having more than twenty-five years of

successful coaching experience, Plakorus was unable to find a

replacement coaching position at any level of the sport.

34. Plakorus eventually obtained employment in Idaho, requiring

him to move to Idaho.

35. Plakorus's new employment is not in his preferred career and

pays him less than he made as UM's Head Women's Soccer Coach.

COUNT ONE
(VIOLATION OF MONTANA CONSTITUTION ARTICLE II, SECTION 10)

36. Plakorus re-alleges the foregoing paragraphs as if fully set forth

herein.

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 37. Mont. Const. Art. II, § 10 affords Plakorus the fundamental,

inalienable, and self-executing right to privacy.

38. UM's actions and/or omissions, as set forth above, violated

Plakorus's constitutional right to privacy.

39. Plakorus enjoys the right to seek recourse against a party for

violating his constitutional right to privacy.

40. As a direct and proximate result of UM's violation of Plakorus's

right to privacy, Plakorus suffered injury, entitling him to compensatory

damages and attorney fees.

COUNT TWO
(DEFAMATION)

41. Plakorus re-alleges the foregoing paragraphs as if fully set forth

herein.

42. Among its other actions, set forth above, UM released some or

all of Plakorus's personnel file and multiple redacted copies of Plakorus's

phone records.

43. UM's actions constitute false and unprivileged publications in

writing that exposed Plakorus to hatred, contempt, ridicule, and/or obloquy;

caused Plakorus to be shunned or avoided; and/or tended to injure

Plakorus in his occupation.

8
 44. The publications contained materially false information

regarding Plakorus, implying sexual misconduct and inappropriate use of

UM resources.

45. UM knew the publications contained materially false information

about Plakorus.

46. UM acted with actual malice in publishing the materials in a

reckless disregard as to the truth of the information and with the intent to

besmirch Plakorus's character and destroy his career.

47. UM's actions constitute libel.

48. UM disclosed additional information to members of the media,

including that UM fired Plakorus because phone records allegedly showed

that he used UM resources to seek escorts in Las Vegas.

49. UM's oral communications constitute slander.

50. As a result of UM's actions, Plakorus suffered damages in an

amount to be proven at trial.

COUNT THREE
(BREACH OF CONTRACT)

51. Plakorus re-alleges the foregoing paragraphs as if fully set forth

herein.

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 52. Plakorus and UM engaged in an employee-employer

relationship governed by an employment contract and UM's policies and

procedures.

53. Plakorus's employment contract and UM policies and

procedures require UM to keep personnel files and other personnel-related

actions confidential.

54. UM breached those agreements multiple times when it

disclosed confidential information from Plakorus's personnel file to the

media.

55. As a result of UM's actions, Plakorus suffered damages in an

amount to be proven at trial.

RESERVATION OF CLAIMS

Plaintiff reserves his right to assert additional or different claims

against Defendant for, without limitation, Defendant's negligence and/or for

damages caused to Plaintiff by Defendant's acts or omissions.

REQUEST FOR RELIEF

Accordingly, Plaintiff, Mark Plakorus, requests money judgment in his

favor and against Defendant, the University of Montana, a unit of the

Montana University System for:

1. Damages in an amount to be proven at trial;

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 2. Reasonable attorney fees, necessary expenses, and costs of

court; and

3. For such other relief as the Court may deem just and equitable.

DATED this 29th day of April 2019,

Respectfully Submitted,
RHOADES SIEFERT & ERICKSON PLLC

By:
ristin Bannigan
Pro Querente

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 JURY DEMAND

Jurytrial is demanded on all counts so triable.

DATED this 29th dayof April 2019,

RespectfullySubmitted,
RHOADES SIEFERT & ERICKSON PLLC

By
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Pro Querente

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