Clifford v. Regents of University of California et al

Filing 1

COMPLAINT by Ryan Clifford against Regents of University of California, Paul Cody, Tracy Grissom by Regents of University of California. (Attachments: # 1 civil case cover sheet)(Holder, Lisa)

LAW OFFICE OF LISA HOLDER

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Lisa Holder, Esq.
Law Office of Lisa Holder
P.O. Box 65694
Los Angeles, CA 90065
Telephone: [phone]
Email: [e-mail]
Attorneys for Ryan Clifford, Plaintiff

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RYAN CLIFFORD
Plaintiff,

COMPLAINT FOR DAMAGES
vs.

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Case Number:

REGENTS OF
UNIVERSITY OF
CALIFORNIA; TRACY
GRISSOM (as an individual);
PAUL CODY (as and
individual); And Does 1
through 50, Inclusive,
Defendants.

1. TITLE IX (HOSTILE
EDUCATIONAL
ENVIRONMENT)
2. DUE PROCESS (14TH
AMENDMENT;EQUAL
PROTECTION; 42 USC §1983)
3. SUBSTANTIVE DUE
PROCESS (1ST
AMENDMENT;
WHISTLEBLOWING; 42 USC
§1983)
4. VIOLATION OF CAL. CIVIL
CODE §52.1/52.7
5. NEGLIGENCE
6. INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS

DEMAND FOR JURY TRIAL
Plaintiff Ryan Clifford (hereinafter “Clifford” or “Plaintiff”), in his

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individual capacity, hereby complains against Defendants Board of Regents for

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University of California Davis, Tracy Grissom in her individual capacity, and Paul

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_________________________________________________________________________________________
CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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Cody in his individual capacity (hereinafter respectively “U.C. Davis”, “Grissom”
and “Cody”, collectively referred to as “Defendants”), and on information and
belief, alleges as follows:

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PARTIES
1. At all times mentioned relevant hereto, Plaintiff Ryan Clifford was a student
at University of Davis and a resident of the City of Woodland, County of Yolo,
state of California.

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2. Defendant U.C. Davis is a government entity operating pursuant to its
Charter.
3. Defendant Grissom is an individual working as an Advisor for U.C. Davis,
residing in the County of Yolo, in the state of California.
4. Defendant Paul Cody is an individual working as an Advisor and

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administrator for U.C. Davis in the County of Yolo, in the state of California.
5. Plaintiff is ignorant of the true names and capacities, whether corporate,
associate, individual, or otherwise, of Defendants sued herein as DOES 1 through

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50, Inclusive, and therefore sues said Defendants, and each of them, by such

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fictitious names pursuant to Code of Civil Procedure Section 474. Plaintiff will

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seek leave of court to amend this Complaint to assert the true names and capacities
of the fictitiously named Defendants when the same have been ascertained.
Plaintiff is informed and believes, and thereon alleges, that each Defendant
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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designated as “DOES” herein is legally responsible for the events, happenings,
acts, occurrences, damages, and liabilities hereinafter alleged and caused.

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FACTS
6. On or about the fall of 2007, Ryan transferred to UC Davis. He was
majoring in communication and had plans to attend UC Davis’ graduate school
program. During the semesters before he joined the AEPi fraternity, he had

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excellent grades and was admitted to Dean’s Honor List in Spring 2008 for his

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academic excellence. Ryan was healthy and enjoyed working out at the gym and

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playing the guitar.
7. In the Fall of 2008, Ryan pledged the Chi Delta chapter of Alpha Epsilon Pi
(AEPi) fraternity. AEPi is a registered student organization of UC Davis. As a

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registered organization, UC Davis bestows certain privileges upon the fraternity,

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including but not limited to official university recognition of the organization,

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access to on-campus activities, access to university funding and financing for

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projects, access to training and support services, access to electronic mail

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privileges and permission to recruit new members from the UC Davis student

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body.
8. As a registered fraternity of the UC Davis Campus, AEPi is subject to UC
Davis’ student code of conduct for student organizations which contains
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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regulations prohibiting alcohol abuse and hazing in initiation and pre-initiation
activities.
9. As part of the pledging and applying for admission to AEPi, Ryan was
required to participate in various initiation and pre-initiation activities.
10. AEPi is a Jewish fraternity. Ryan was the only one of 24 pledges who was
not of the Jewish faith. Ryan was specifically targeted for the harshest form of
hazing known as “ratfucking” because of his non-Jewish religious affiliation.

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11. On October 17, 2008, the fraternity hosted a mandatory, and alcohol-filled

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retreat in Lake Tahoe. The pledges were compelled by active and alumni members

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of the fraternity to drink inordinate amounts of alcohol and consume beverages

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containing unknown narcotic substances. Ryan was drugged and sexually assaulted

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by members of the fraternity. His clothing was pulled off while members of the

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fraternity touched his penis and made sexual comments. These activities

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constituted hazing and were required as a condition of membership in the

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fraternity. Ryan was targeted for the harshest form of hazing because of his
religious affiliations.
12. On October 18, 2008, during the retreat, a parent called UC Davis Police to

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report forced drinking and hazing violations, and a police officer went to the
fraternity house to check out about the parent’s phone call. That night at the retreat,

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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the pledges were drilled and threatened with regard to the parent’s phone call to the
police by members of the fraternity. The University was notified of the call
13. On October 20, 2008, Ryan’s mother called AEPi National Headquarters to
report hazing that included forced drinking, members smoking marijuana,
strippers, “rat-fucking” and her son’s sexual assault. The fraternity and the
university knew that the call was made by Ryan’s parent.
14. During and after the Tahoe retreat, Ryan and the other pledges were

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chastised and ridiculed and subjected to threats of violence because of the

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complaints by pledges’ parent to the University which undermined the fraternities

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rigid “code of silence.”

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15. On November 5, 2008, Ryan and the other pledges were instructed to meet

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at the fraternity house for an official fraternity event. Ryan and the other pledges

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were taken to an Alumni’s house and compelled to drink excessive amounts of

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alcohol, but Ryan refused to participate. Ryan was ordered to put on a padded vest

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and was then punched in the stomach by a fraternity member and a pledge. Ryan

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was ridiculed by fraternity members as he bent over in pain. Thereafter, Ryan and

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the other pledges were returned to the fraternity house. At this point, the fraternity

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members were intoxicated. Fraternity members including Ryan’s “big brother”and
the “father” of his “family” Danny Sacher, pressured Ryan to drink and play
drinking games.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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16. At the conclusion of the drinking game, Danny Sacher, charged at Ryan and
tried to grab him but fell on chairs in the room. Ryan told him he didn’t want to

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get hurt. As Ryan headed toward the front door to leave the fraternity house,

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Sacher grabbed Ryan from behind, began to choke him, stomped on Ryan’s right

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foot and knocked him to the floor. Ryan screamed for him to stop, however, the
assault continued, severely injuring Ryan’s foot. Sacher continued to choke and
attack Ryan. The night’s events constituted hazing, and in fact caused Ryan serious

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bodily injury. Ryan was targeted for the harshest form of hazing because of his

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religious affiliations. Ryan was targeted for the harshest form of hazing because

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his parents had reported to AEPi national headquarters of hazing, sexual abuse,

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drugs and drinking and because parents of pledges had given notice to the

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University of same.

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17. Ryan was left by the fraternity members with his foot crushed,
incapacitated, and unable to walk.
18. Ryan’s parents took Ryan to the emergency room where he was treated for
serious injuries to his foot.
19. Ryan was directed to an orthopedic specialist. He suffered multiple

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fractures in his foot that required two surgeries, including a fusion of the joints.
The result of this injury included lost range of motion, permanent limp, severe
pain, and increased susceptibility to arthritis.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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20. On October 28, 2008, Paul Cody of the Office of Student Programs and
Activities Center, who had been aware of previous egregious violations by AEPi

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and its membership, met with the president of AEPi to discuss parental complaints

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related to the events in Lake Tahoe. He also contacted AEPi national headquarters.

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21. On November 3, 2008, Paul Cody placed AEPi on “conditional registration”
status for a seven-month period. According to the University’s policies, the
minimum conditional registration period was one year.

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22. As part of the “conditional registration,” AEPi was allowed to continue the

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pledge process and instructed to submit a detailed pledge education program to the

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University for review by November 2008. At the same time, UC Davis and Paul

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Cody informed AEPi that the University was committed to supporting the

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fraternity.

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23. Although, the University’s policies required diligent and consistent follow-

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up and monitoring of organizations on conditional registration, the University and

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Cody conducted no follow-up to monitor or enforce the “conditional registration”

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requirements until June 22, 2009, three weeks after the University was notified

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about Ryan’s civil case against the fraternity.

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24. Ryan was not informed, at this time, by Cody or anyone at the University
that AEPi had been placed on conditional registration or given any information
regarding the terms of the probation.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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25. On November 6, 2008, 3 days after the commencement of the “conditional
registration,” Ryan’s foot was crushed by an AEPi members who subjected Ryan
to inordinately harsh hazing and initiation activities.
26. In Fall 2008, Ryan alerted his UC Davis Advisor for Undergraduate
Education, Tracy Grissom, of the AEPi event in Tahoe wherein he was sexually
assaulted by fraternity members. Ryan informed Grissom that the pledges were
compelled to drink excessive amounts of alcohol and unknown narcotic substances

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and subjected to demeaning and humiliating acts as part of the initiation process.

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Ryan further advised Grissom that he was afraid of being on campus due to

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continuing hazing and the assault by AEPi members. Grissom chose not to report

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or make note of the incident. During the same time frame, Ryan reported these

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events to his professors.

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27. In Winter 2009, Ryan again reported to UC Davis through his advisor Tracy

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Grissom and other advisors about hazing and assaults that he endured by AEPi and

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the fear of retaliation.

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28. In Winter 2009, on several occasions Ryan was approached by fraternity

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brothers and interrogated as to why he wasn’t attending fraternity meetings. On

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one occasion, subsequent to questioning Ryan about his absenteeism, a member
pulled out his cell phone and reported to someone that he saw Ryan on campus
walking into the Wellman building.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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29. In Spring 2009, Ryan, who was attending classes full-time, informed the
Office of the Dean of Students of continuing emotional and physical distress

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caused by attending classes with members of the fraternity. During this time

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period, the University was informed of the state lawsuit that had been filed against

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the fraternity. Thereafter, Ryan was advised by the Office of the Dean to withdraw
from classes and to discontinue his attendance at UC Davis. Pursuant to the
University’s recommendation Ryan withdrew from his classes.

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30. In Summer 2009, after plaintiff filed suit in Yolo County, Paul Cody,
endeavored to conceal information regarding AEPi’s conditional registration status
from plaintiff and limited his follow-up of AEPi in order to avoid the generation of
information regarding the conditional registration.
31. In Fall 2009, Ryan re-enrolled and attended classes part-time. He advised

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the Office of the Dean of continuing distress due to the events that took place with

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respect to fraternity in 2008. Ryan advised the Dean’s Office that he was

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undergoing extensive medical treatment and under psychiatric care due to injuries

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he sustained at the initiation events. He further informed his advisors and the

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Dean’s Office that he was intimidated and in fear of retaliation because he was

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attending classes with members of the fraternity.

Ryan received no support;

instead, on November 2, 2009, he was notified by Tracy Grissom that he should
drop out of classes, indefinitely.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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32. In Winter 2010, Ryan advised the Office of the Dean of continuing distress
due to the events that took place at the fraternity in 2008 and the permanent

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injuries he suffered. He received no support and no response from the Office of

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the Dean of Students. Thereafter, Ryan discontinued his attendance at UC Davis.

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33. Ryan was 6.5 credits short of the required credits for graduation in Spring
2010.
34. In Winter 2010, Ryan filed a complaint with the Office of the Dean of

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Students notifying the Dean of the distress of attending classes at the University

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due to the intimidating presence of the fraternity members and requesting that he

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be excused from the requirement of completing the final 6.5 credits and be

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permitted to graduate. The Office of the Dean refused to accept the request and

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arbitrarily and summarily rejected Ryan’s complaint. He was advised to find

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another school to take classes so that he could graduate in the Fall.
35. In Spring 2010, Ryan attended classes online at the Rio Hondo and
Woodland Community Colleges.
36. Ryan received his degree from UC Davis at the end of the Spring quarter of
2010, a year behind his scheduled date for graduation. Ryan could not attend the

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graduation ceremony, due to fear of reprisals by fraternity members attending the
graduation ceremony.

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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37. UC Davis failed to investigate the harassment and failed to take steps to
protect Ryan from further harassment and distress. UC Davis failed to administer

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its duties under its student policies to investigate and address formal and informal

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complaints of harassment and discrimination, discipline student organizations for

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hazing and alcohol consumption, and/or report abuse to the authorities for
prosecution.
38. On June 23, 2010, Ryan requested through a Public Records Act request

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documents as evidence to what AEPi fraternity had committed against him. He

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spoke with Lynette Temple of the Campus Counsel and advised her he had been

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assaulted by AEPi fraternity.
39. On August 18, 2010, by phone, Ryan reported his assault to Marisa Messier,
UC Davis Victim Advocate. On August 24, 2010 he met with Ms. Messier to

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discuss what could be done for him.
40. On August 20, 2010, Ryan met with Lynette Temple to review the
requested documents and he let her know that he had been both physically and
sexually assaulted.
41. On September 2, 2010, he met with UC Davis Police Officer Shedd and Ms.

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Messier and a police report was taken about the sexual assault. Officer Shedd
stated that hazing was not illegal.

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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42. On September 9, 2010, Ryan’s mother spoke with the UC Davis Office of
the Chief Compliance Officer about what happened to Ryan.
43. On September 16, 2010, Ryan’s mother spoke with Michael Sweeney, UC
Davis Campus Counsel, about what happened to Ryan.
44. On September 16, 2010, Ryan’s mother spoke with Branden Petitt, UC
Davis Director, Office of Student Development about what happened to Ryan and
voiced her concerns about UC Davis’ failure to investigate what happened to her
son.
45. On September 22, 2010, Ryan’s mother spoke with the UC Regents, Office
of President, Educational Outreach about what happened to Ryan, but they failed
to follow up with her request of investigating what happened to Ryan.
46. On January 6, 2011, Ryan, his parents, and his attorney met with Emily

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Galindo, UC Davis Associate Vice Chancellor of Student Affairs. Ryan shared

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numerous documents and photos with her showing AEPi had been violating state

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laws and university policies for years. He and his attorney asked that the fraternity

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be closed, that action be taken against those that assaulted Ryan, and to release the

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fraternity documents during Ryan’s pledge quarter and any documents pertinent to

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AEPi’s student misconduct for the last 10 years. Ms. Galindo didn’t comply with

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any request.

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47. In June 2011, Ryan spoke with Captain Joyce Souza, UC Davis Police
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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about what happened to him and asked that something be done with AEPi for
physically and sexually assaulting him. Souza said it was out of her jurisdiction,

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although she was informed that University policy includes jurisdiction over Off-

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Campus student organizations such as a fraternity.

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48. Despite Plaintiff’s continuous complaints and request for a meaningful
response from UC Davis, Defendants failed to meaningfully respond, adequately
investigate, or take action against the fraternity. In failing to investigate and take

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steps to protect Ryan, UC Davis and its administrator acted in a manner that was

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discriminatory as compared with its treatment of female students reporting similar

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abuse and harassment.
49. The absence of any meaningful response by Defendants and
administrators to the harassment suffered by Ryan shocks the conscience and was

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negligent, reckless, wanton, knowing, intentional, discriminatory and deliberately

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indifferent to the health and safety of Ryan Clifford.

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50. As a direct and proximate result of Defendants actions and inaction,

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Ryan Clifford suffered and continues to suffer severe emotional distress, pain and

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suffering, and extreme humiliation and embarrassment.

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51. The harassment Ryan suffered was so severe, pervasive and objectively
offensive that it deprived him of access to educational opportunities and benefits
provided by the school.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

DAMAGES

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52. Plaintiff Ryan Clifford suffered extensive personal injuries to his body
and has sustained severe emotional distress.

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INCORPORATION BY REFERENCE
53. Each of the paragraphs of this initial complaint are incorporated
reference into each of the following causes of action, and each of the allegations
within each cause of action are incorporated by reference into each of the other

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causes of action.
FIRST CAUSE OF ACTION-20 U.S.C §1681
(Against Defendant UC Davis)

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54. Defendant violated Plaintiff Ryan Clifford’s right to be free from

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discrimination on the basis of sex in federally funded education programs and

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activities. Clifford’s reported harassment that was severe, pervasive, and

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objectively offensive to an appropriate person, as the Defendant’s policies

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instructed. The Defendant’s response to this report was clearly unreasonable in

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light of the known circumstances, depriving Ryan Clifford of his access to the

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educational opportunities and benefits that the school provides and creating a

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hostile learning environment. Defendant’s failures and omission with respect to

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investigating, addressing and/or remedying Plaintiff’s complaints of abuse

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constituted a conscious discriminatory act amounting to deliberate indifference.
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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SECOND CAUSE OF ACTION-42 U.S.C. §1983 (Equal Protection)
(Against UC Davis, Defendants Grissom and Cody and Doe defendants in

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their individual capacity)

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55. Defendants have, under color of law, deprived Plaintiff of clearly

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established rights, privileges, and immunities secured by the Fourteenth
Amendment of the Constitution. These are rights of which a reasonable person
would have known. These rights include, but are not limited to, the right of equal

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protection and the right to due process of law. The Defendants’ actions shocks the

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conscience and violated the Plaintiff’s right to equal protection by failing to

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address Plaintiff’s complaints of harassment when they had previously intervened
for other students.
THIRD CAUSE OF ACTION-42 U.S.C. §1983 (1st Amendment)

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(Against Defendant UC Davis, Grissom, Cody and Doe defendants in their

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individual capacities)

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56. Defendants have, under color of law, deprived Plaintiff of clearly

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established rights, privileges, and immunities secured by the First Amendment of

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the Constitution. These are rights of which a reasonable person would have known.

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These rights include, but are not limited to, the right of protected speech involving

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matters of public concern addressed to a public forum and the right to due process

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of law. Defendant, motivated by Plaintiff’s complaints and whistleblowing in the
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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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form of a lawsuit against AEPi and certain of its members, counseled plaintiff to
withdraw from the University and rejected plaintiff’s grievance application. The

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Defendants actions shock the conscience and violated the Plaintiff’s right to free

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speech because Defendant retaliated against plaintiff for speaking out against

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AEPi, a registered student organization.
FOURTH CAUSE OF ACTION-VIOLATION OF CAL. CIVIL CODE §52.1

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(Against Defendant UC Davis)

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57. The United States Constitution, Amendment IV, and the California

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Constitution, Article I, and California Civil Code 52.7 guarantee the right of

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persons to be free from threats and intimidation based on religious and political

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affiliations or on the basis of sex. Defendants, by engaging in the wrongful

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conduct alleged herein, denied this right to plaintiff, thus giving rise to a claim for

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damages pursuant to California Civil Code § 52.1.

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58. As a direct and proximate cause of the aforementioned acts of defendants,

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plaintiff was injured as set forth above and is entitled to statutory damages under

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California Civil Code § 52, as well as compensatory and punitive (treble) damages

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according to proof.

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FIFTH CAUSE OF ACTION-NEGLIGENCE
(Against All Defendants)

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59. Defendants owed Plaintiff a duty of care and had a fiduciary responsibility
to exercise due care.

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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60.Defendants knew or in the exercise of due care should have known, that the
registered fraternity, AEPi engaged in conduct that violated the University’s
policies and the laws of the state of California and of the United States.
61.At all times material herein, said Defendant entities and supervisors knew or

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with reasonable care should have known, that the aforementioned traits of

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character, practices and propensities of AEPi and its members rendered the

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fraternity unfit for University sponsorship as a “registered” fraternity and unfit to

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conduct pledge-related activities with UC Davis students.
62. Notwithstanding such knowledge, Defendant entities and supervisors
negligently and carelessly retained and failed to properly supervise, train and
control AEPi.

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63. As a proximate result of the negligent retention and supervision of defendant

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entities and supervisors and each of them, plaintiff suffered damages and injuries,

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including but not limited permanent physical injury, beatings, threats, severe
mental anguish, emotional distress, severe embarrassment, financial losses, all to
the Plaintiff’s damage in a sum according to proof.

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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SIXTH CAUSE OF ACTION-INTENTIONAL INFLICTION OF

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EMOTIONAL DISTRESS

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(Against all Defendants)

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64. In doing the aforementioned acts, Defendants' conduct was intentional,
outrageous, malicious, and done for the specific purpose of causing Plaintiff to
suffer extreme emotional and physical distress, fear, anxiety, and mental anguish.
65. As a proximate result of the aforesaid acts and omissions of Defendants, and

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each of them, Plaintiff sustained great physical and mental pain and shock to their

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nervous systems, fear, anxiety, torment, degradation and extreme emotional

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distress.
66. By reason of the aforementioned acts and omissions of Defendants, and each
of them, Plaintiff did and will in the future continue to incur medical and

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therapeutic expenses in an amount as proved.
67. By reason of the aforementioned acts and omissions of Defendants, and each
of them, Plaintiff was prevented from attending to his usual occupations, and has

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suffered loss and impairment of earnings and employment opportunities all to his

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damage in an amount as proved.

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68. By reason of the aforementioned acts of Defendants, and each of them,
Plaintiff was compelled to secure the services of an attorney at law to redress the

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

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aforementioned wrongs and by virtue thereof, Plaintiff is indebted and liable for
attorneys’ fees.

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69. The aforementioned acts and omissions of Defendants were committed by

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each of them knowingly, willfully and maliciously, with the intent to harm, injure,

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vex, harass and oppress Plaintiff with a conscious disregard of Plaintiff’s
constitutional rights and by reason thereof, Plaintiff seeks punitive and exemplary
damages from Defendants, and each of them, in an amount as proved.

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PRAYER

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WHEREFORE, plaintiff prays for judgment as follows:

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(1) Compensatory general and special damages in accordance with proof;

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(2) Costs of suit necessarily incurred herein; and

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(3) Reasonable attorney's fees and expenses of litigation;

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(4) Such further relief as the Court deems just or proper.

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(5) Exemplary damages against the defendants in an amount sufficient to make an
example of those defendants and to deter future misconduct.

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CLIFFORD COMPLAINT FOR DAMAGES

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LAW OFFICE OF LISA HOLDER

REQUEST FOR JURY TRIAL

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Plaintiff requests a trial by jury of all legal issues by jury.
Dated: 11/4/11

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LAW OFFICE OF LISA HOLDER

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By: ________/s/_Lisa Holder______

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Lisa Holder
Attorneys for Plaintiff

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_________________________________________________________________________________________
CLIFFORD COMPLAINT FOR DAMAGES

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