Testimony begins in Kalispell case claiming retaliation for reports of hazing, assault

This lawsuit is proceeding in Missoula's federal court before magistrate Judge John Johnston. It was filed by Kirk Nance and his son Clifford Nance.

In 2023, Clifford was a homeschool student who competed on the Glacier High School wrestling team. 

One of Clifford's friends on the wrestling team disclosed to Kirk that he had been sexually assaulted on a bus by fellow wrestlers. 

Kirk, the student's mother and another wrestling parent filed a police report about the allegations on Jan. 9, 2023, court proceedings show. The police contacted the school, and administrators began meeting to discuss their response.

Shortly after this report was made, Kirk was asked to no longer attend wrestling practices and eventually barred from school property, according to court documents. He was also cited for disorderly conduct after coaching staff called the Missoula Police Department on him at a hotel the team was staying at before a meet. Clifford said that, after this incident, coaches stopped coaching him and blocked a request he made to transfer to another school. 

In a lawsuit filed in January 2025, Kirk accused the district of retaliation. The school district denied the actions were retaliatory, instead claiming they were in response to Kirk's conduct.

Federal Title IX statute prohibits retaliation for reporting sexual harassment.

Monday: Opening statements and wrestlers

On Monday, attorneys for the Nances and school district provided opening statements before testimony began in the case.

"The evidence in this case will show that the school district retaliated against Kirk and Cliff," the Nances' lawyer, Avery Field with Bliven Law Firm, said in opening statements on Monday.

Field said the actions the coaches took against Kirk, such as barring him from practices and reporting him to the police, weren't warranted by anything Kirk had done.

He concluded by showing an email from the district's Title IX coordinator in the aftermath of the 2022 wrestling season, saying that one of the volunteer coach's conduct "could have been received as retaliatory."

The school district's attorney, Elizabeth O'Halloran, said on Monday the district's actions against Kirk had nothing to do with his report and everything to do with his conduct.

O'Halloran said that, shortly after school administration became aware of possible sexual harassment allegations, wrestlers were told to refrain from talking about any sexual harassment investigations with anyone but their parents and the school's Title IX coordinator to preserve the integrity of the investigation.

Kirk was barred from practice for being disruptive and distracting to wrestlers, O'Halloran said, adding Nance had been aggressive at the hotel where the police were called for the disorderly conduct citation, and pointed out he was the only one who was cited.

"People have been excluded from district property for much less," O'Halloran said.

She said that Clifford's transfer request wasn't up to district staff to approve or deny, and was declined by the Montana High School Association due to incomplete information, then was approved when the Nances provided it.

O'Halloran said the investigation into the wrestling team allegations involved other reporting parties who experienced no adverse action from the district, and that the Nances were barely involved in the investigation or the district's response.

"The Nances were playing their own 'gotcha' game," O'Halloran said.

For their first slate of witnesses, the plaintiffs called two other members of the 2023 team to the stand. Both are being represented by Bliven Law Firm in their own actions against the school district.

The two men testified that Kirk regularly attended practice prior to January 2023 and was never disruptive, nor did they see him ask wrestlers questions about the Title IX investigation after it started. 

Plaintiffs also called Lloyd Bondy, who was a school board member at the time. Bondy testified that district policy required a hearing before someone was banned from school grounds, and that Kirk had not been offered one when the athletic director told him he was trespassed. 

Steven Biggs, another wrestling parent, testified about his experience reporting what he'd heard about assault on the team. He was also involved with the initial report to police, though he said he didn't make it directly. 

He testified that, on Jan. 13, 2023, he was on the phone with Kirk, who was in a Missoula hotel at the time prior to a wrestling meet, when he heard one of the volunteer coaches aggressively confront Kirk. 

Finally, Clifford took the stand and affirmed the plaintiff's narrative of the case: that his father hadn't ever been aggressive or interfered with the investigation.

Clifford said his transfer request was only approved after he had his attorneys write to Montana High School Association asking for a hearing.

Tuesday: Athletic staff

On Tuesday morning, the plaintiffs started witness testimony by calling Garrett Melton, a volunteer coach at the time, to the stand.

According to court proceedings, Melton was also the father of one of the students accused of participating in harassment and hazing, and Melton's son was later disciplined by the school district and removed from the team. 

Plaintiffs also called Ross Denkers, head wrestling coach at the time. 

Both Melton and Denkers stated they hadn't directly heard Kirk interrogating students, but were still concerned about his behavior. Denkers said he tried to keep Kirk from talking to students to preserve the integrity of the investigation. 

Both Melton and Denkers said they knew that Kirk was somehow involved in the initial reports of harassment, but not what his exact role was, and denied any retaliatory motivations.

The trial is expected to continue through midday Thursday.

This story will be updated as the trial progresses.