Trial begins in lawsuit over alleged Title IX retaliation by Kalispell school

In January 2023, the school district began investigating allegations of violent hazing and sexual assault between students on the Glacier High School wrestling team that occurred in 2022. 

According to court proceedings, one of these reports came from Kirk Nance, parent of Clifford Nance, a homeschool student competing on the Glacier High wrestling team. Clifford hadn't reported any hazing or assault, but a friend of his on the wrestling team had disclosed to Kirk that he'd been sexually assaulted.

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 quickly began meeting to discuss their response.

In a lawsuit filed in January 2025, Kirk Nance accused the district of retaliation, saying he was banned from his son's wrestling practices and then banned from school property following his report. The school district denied the actions were retaliatory, instead claiming they were in response to Nance's conduct.

Federal Title IX statute prohibits retaliation for reporting sexual harassment. 

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

Field said he'll present evidence and testimony over the next few days showing the district didn't have any policy on the books that parents couldn't attend wrestling practices, and that Kirk was engaged in normal conversation with wrestlers, but the school district barred him anyway. Field said that coaches stopped instructing Clifford at practice and intentionally blocked his transfer to another school district following the allegations. Field also said a disorderly conduct citation against Kirk the school district has raised in its defense was prompted by false statements made by school officials. 

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. She said the district learned of the report Kirk and other parents had made through the police department, and that no specific or actionable information had come directly from him. 

O'Halloran said that, shortly after school administration became aware of possible sexual harassment allegations, coaches met with wrestlers to discuss conduct expectations and what resources were available if they felt victimized. 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, she said. 

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 denied by the Montana High School Association due to incomplete information, then was approved when the Nances provided that information. 

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.

Trial is expected to proceed through the middle of the day Thursday, at which point the jury will deliberate and decide whether the school district retaliated against the Nances.