Kalispell Public Schools appeal Title IX wrestling lawsuit verdict

Within the month following the decision, the Kalispell Public Schools Board of Trustees voted to appeal based on the advice of district lawyers. Three days later, on July 20, an appeal was filed in court.

The initial lawsuit, filed in January 2025, claimed that district staff had retaliated against Clifford, a homeschool student, after his father had reported claims of sexual harassment on the Glacier High School wrestling team during the 2022 season. The allegations of sexual harassment and later hazing were in reference to another student and did not involve Clifford. 

Both father and son claimed that once the report was filed, Clifford did not receive proper coaching and Kirk was barred from wrestling practices. The suit also pointed to an altercation between Kirk and staff and a request from Clifford to transfer to the Flathead High's wrestling team which was denied. 

The suit also mark the beginning of continual fallout over hazing incidents on the wrestling team, which the district has since faced several lawsuits over. 

The district did take disciplinary action against three students on the team in February 2023 for accusations of hazing.

Federal Title IX statute prohibits retaliation for reporting sexual harassment.

Based on evidence presented at trial, the jury determined that Kirk had participated in activity protected under Title IX and that the school district had retaliated against him and his son because of it.

Commenting on the district's decision to appeal the verdict in a special meeting on July 17, KPS Superintendent Matt Jensen maintained that the district had acted appropriately given the situation.

“Kalispell Public Schools respects the judicial process and appreciates the time and services of the jury,” Jensen wrote in an emailed statement, initially reported by the Flathead Beacon. “After careful consideration, the District has decided to appeal the Nance case to the Ninth Circuit Court of Appeals. While the damages awarded were nominal, they also triggered a request for substantial attorney’s fees." 

The plaintiffs requested that the court enter an order awarding them $238,979.33 for attorney's fees. The district objected to the fees in its legal response and requested that fees either not be awarded or be reduced.

The court had not ruled on the issue as of Thursday.

“This case was not about the underlying wrestling incident,” Jensen continued. “It was about decisions the District made regarding a parent’s access to school property and interactions with students. In this particular situation, we continue to believe our staff acted reasonably and appropriately while carrying out their responsibility to protect students and manage access to our schools.”

Throughout the litigation process, the district has maintained that this is a “parent issue, not a student issue,” claiming that Kirk had tried to interfere with the district's initial investigation.

Though the notice of appeal has been filed, it is unclear at this time what specific legal aspects of the decision the district intends to contest.

Avery Field, a lawyer with Bliven Law Firm representing the Nances' case, told the Missoulian on Thursday that at a certain point, parents, taxpayers and voters have to ask themselves if the district’s defense of a pattern of sexual harassment of students is the best use of taxpayer dollars.

“Despite the district’s best efforts to frame the Glacier High School wrestling cases as being about student and parent conduct, these cases are about the district’s failure to supervise students,” Field said.

He later added, “We look forward to continuing to advocate for the students and parents who had the courage to report what was happening behind closed doors.”