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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:19-cv-01652
GREGORY TUCKER,
Plaintiff,
v.
FAITH BIBLE CHAPEL INTERNATIONAL, a Colorado non-profit corporation,
d/b/a FAITH CHRISTIAN ACADEMY INC.,
FAITH BIBLE CHAPEL INTERNATIONAL, INC.,
FAITH CHRISTIAN ACADEMY,
FAITH CHRISTIAN HIGH SCHOOL,
DOUGLAS NEWCOMB,
ANDREW HASZ, and
MICHAEL COOK.
Defendants.
COMPLAINT AND JURY DEMAND
______________________________________________________________________________
Plaintiff, Gregory Tucker, by and through his counsel, Peter G. Friesen, Elisabeth L. Owen
and Elizabeth A. Walker of LEVIN SITCOFF PC, hereby submits his Complaint against Defendants,
Faith Bible Chapel International, a Colorado non-profit corporation d/b/a Faith Christian Academy
Inc., Faith Bible Chapel International Inc., Faith Christian Academy, Faith Christian High School,
Douglas Newcomb, Andrew Hasz, and Michael Cook, states and alleges as follows:
INTRODUCTION
1. This action involves a series of events that resulted in the termination of Plaintiff
Gregory Tucker (“Plaintiff”) as teacher and Dean at Faith Christian High School, and employee
of Faith Christian Academy and Faith Bible Chapel.
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2. The termination was actuated by Faith Christian and was motivated by Plaintiff’s
opposition to racial discrimination and harassment. This discrimination was directed against him
as the father of a black daughter, and other racial minorities who attended the school. In order to
oppose this discrimination, he organized a symposium to discuss racist behavior within the school
with the intention of eliminating it. This symposium shall hereafter be referred to as the “Chapel.”
3. Plaintiff had been given authority to organize the Chapel and was at first praised
for it by the administration. However, after the Chapel, students and parents who were guilty of
the most racially incendiary behavior were offended by the implied message that they were guilty
of racism and called for Plaintiff’s termination. Defendant Faith Christian succumbed to the
pressure and fired Plaintiff on February 26, 2018.
4. In the process of terminating Plaintiff, Faith Christian attempted to shield itself
from the outrage expressed among parents who supported Plaintiff by making defamatory remarks
about Plaintiff. They told school faculty that Plaintiff had been guilty of gross insubordination and
that he had voluntarily resigned in the presence of those accusations.
JURISDICTION AND VENUE
5. This action is brought pursuant to Title VII of the Civil Rights Act of 1964, which
prohibits discrimination against an employee by virtue of his race, or for opposition to racial
harassment directed against him or another employee. It also protects employees who oppose racial
discrimination or harassment against a person with whom he has a significant business or personal
relationship.
6. This action is also brought under Title VI of the same act prohibiting racial
discrimination, racial harassment, and retaliation against those opposing racial discrimination and
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harassment in educational institutions that receive substantial federal funding and assistance.
Plaintiff is informed and believes that Faith Christian Academy receives substantial federal
assistance in the form of educational grants, loans, scholarships and tax exemptions from the
federal government.
7. Jurisdiction of this Court is conferred pursuant to 28 U.S.C. §§ 1331 and 1343.
This Court has supplemental jurisdiction over those claims of Plaintiff based on state laws,
pursuant to 28 U.S.C. § 1367.
8. Venue is proper in this Court under 28 U.S.C. § 1391(b) because one or more of
the Defendants reside within this Court’s judicial district and a substantial part of the events or
omissions giving rise to the claims occurred within the judicial district.
PARTIES
9. At the time the wrongful acts were committed against Plaintiff, he was a permanent
resident of the State of Colorado.
10. On May 25, 2018, an administrative complaint was submitted to Colorado Civil
Rights Division and the Equal Employment Opportunity Commission (“EEOC”). Plaintiff
received his right to sue notice from the EEOC on April 30, 2019.
11. At all times applicable herein, Defendant Faith Bible Chapel International a
Colorado non-profit corporation doing business as Faith Christian Academy Inc. is a religious
organization incorporated within the laws of the State of Colorado.
12. At all times applicable herein, Defendant Faith Bible Chapel International Inc. is a
religious organization incorporated within the laws of the State of Colorado.
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13. At all times applicable herein, Defendants Faith Christian Academy and Faith
Christian High School are educational institutions owned and operated by Faith Bible Chapel
International, Inc., and conducted their business affairs in Arvada, Colorado.
14. The foregoing Defendant entities collectively referred to as “Faith Christian”
terminated Plaintiff’s employment as a teacher and Dean at Faith Christian High School in Arvada,
Colorado.
15. At all times applicable herein, Defendant Douglas Newcomb (“Newcomb”) was a
Board Member and the Chief Operating Officer of Faith Bible Chapel Academy.
16. At all times applicable herein, Defendant Andrew Hasz (“Hasz”) was
Superintendent of Faith Christian Academy.
17. At all times applicable herein, Defendant Michael Cook (“Cook”) was Principal of
Faith Christian High School.
18. At all times applicable herein, Defendants Newcomb, Hasz and Cook are
permanent residents of Denver, Colorado, and at all times while committing the wrongful acts
enumerated below, were employed as managing agents of Faith Christian and acting in the course
and scope of their employment.
FACTUAL BACKGROUND
19. Plaintiff began his employment at Faith Christian in 2000 as a high school teacher
of Biology, Chemistry, and Physics.
20. While employed at Faith Christian he ranked among the most accomplished
teachers in the school and consistently received outstanding evaluations. Every year he was praised
by the administration for his excellence in the classroom and the positive impact he had on
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students’ lives. Further, he was beloved by his fellow teachers and the student body. In 2014, he
was offered the position of Dean of Students, and in the fall of 2017, he was given the responsibility
of organizing the weekly chapel meetings, one that had always been reserved for the school
Principal, but was assigned to him as a token of trust and respect for the excellent work he had
been doing.
21. In 2011, shortly after returning from doing humanitarian work in the Dominican
Republic, he and his wife adopted their daughter who is ethnically a Haitian and of African descent.
His relationship as the father of a black daughter was communicated to Faith Christian managers
and was well known throughout the school. As a Christian, he had spoken without inhibition that
racism is morally wrong and anti-Christian. During the 2016 elections, he was vocal in his
opposition to racism on his Facebook page.
22. In 2016, the Plaintiff became the target of racial harassment, when he was derided
by students for being the father of a black daughter and referred to as “nigger father” and “nigger
lover.” He communicated this racial harassment to those who managed the high school’s affairs,
including Hasz, who at the time was the Principal of the high school, as well as then-
Superintendent Brian Wall.
23. Plaintiff’s complaints about his personal harassment were made along with
complaints and opposition to racism directed toward black students, and other racial minorities.
This included frequent taunting of African American students with racial slurs such as "nigger"
and "slave," taunting of Hispanic students with ethnic slurs, white students dressing in KKK hoods
and mock-executing minority students, open class statements promoting neo-Nazism and white
supremacy in the presence of students of color, the school’s refusal to recognize MLK day or Black
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History Month, the belittling and bullying of students who raise racial issues, and the circulation
of racist commentary on social media among FCA students. A disgusting example of the type of
literature in circulation at the school was the following Instagram post by a student.
24. While communicating his opposition to racial harassment of this nature, Plaintiff
repeatedly emphasized that not only was this kind of behavior offensive and unacceptable in a
Christian (or any other) educational institution, but that he was personally offended by racism of
this nature because of his black daughter. The environment was not only hostile and offensive to
other black students but was hostile to him personally.
25. In a constructive effort to change this hostile environment, he suggested to
Defendant Cook, his superior, that a symposium of invited speakers be organized to discuss the
issue of racism at the school in a Chapel meeting. As mentioned earlier, in 2017, Plaintiff had been
assigned the position of Chapel director. Cook agreed to this event and Plaintiff organized it,
inviting speakers who had experience with race issues and dealing with racism in schools.
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26. The Chapel was held on January 12, 2018. After the Chapel Defendants Hasz and
Cook praised the Chapel and Plaintiff’s efforts to organize and present it, stating: “Hi Gregg, I left
after Herzog's Q/A—how did everything end? I thought the panel was great! ... Thank you for
taking on hard topics that are important for the kids to pray and wrestle with at this time in their
lives. I hope you have a wonderful weekend and know that you are incredibly valued at FCHS!”
27. Notwithstanding these positive sentiments first expressed by Faith Christian
management, the message of the Chapel angered some of students and parents. They did not like
the fact that they were being challenged for their racist behavior and did not recognize how this
racism was harming minority students at the school. They were, in fact, so angry that they were
directing false and vitriolic statements at Plaintiff and asked the school to fire him.
28. In response to these parental complaints, Defendant Hasz removed Plaintiff from
his position as Chapel director and banned him from speaking in front of students at Chapel. Hasz
and Cook also sent a letter to all the parents of students attending the high school, apologizing for
the Chapel and the message that racism was a problem at the school, blaming Plaintiff for the
supposedly flawed message, and announcing that Plaintiff’s role in the Chapel would be
investigated. This was Faith Christian’s first in a sequence of acts of retaliation leading to his
termination.
29. Plaintiff opposed this effort to eviscerate the significance of the Chapel, offend the
minority students and their families, and lay public blame on him for making the Chapel
unpalatable to racist students and parents. He opposed the letter in private before the letter was
sent out. After several more public and private statements reiterating his apology for the Chapel
and blaming the Plaintiff, Plaintiff responded to a small group of parents who were asking him
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about where he was at with the reaction to the Chapel and in an effort to reinforce the significance
and importance of the Chapel. Plaintiff provided Hasz and Cook a copy of the response and Hasz
and Cook praised it.
30. Defendants Faith Christian, Newcomb, Hasz, and Cook responded to the
interaction with parents by informing Plaintiff that his teaching contract would not be renewed in
the upcoming year. This was the second act of retaliation leading toward Plaintiff’s termination,
taken against him because of his role in organizing the Chapel and resisting Defendants’ efforts to
minimize the significance of it.
31. In response to Faith Christian not renewing Plaintiff’s contract, a much larger group
of parents who were outraged by Faith Christian’s efforts to minimize the problem of racism at the
high school, circulated a petition opposing racism at the school, as well as the demotion or
termination of Plaintiff. This was signed by almost 500 students, parents, alumni, and community
members, many of whom shared stories of racism they faced at the school and the administration’s
lack of response to it.
32. The third act of retaliation followed after Plaintiff communicated to other faculty
members that he was going to be fired at the end of the school year. This, along with the growing
public opposition to Faith Christian’s appeasement of racially bigoted parents and the punishment
of the one they blamed (Plaintiff), changed the timeline. At that point Faith Christian, Newcomb,
Hasz, and Cook decided that they could not wait until the end of the school year. They fired
Plaintiff on February 26, 2019.
33. In the meeting in which Plaintiff was being told of his termination, Hasz openly
admitted that he was being terminated because of Plaintiff’s role in organizing the Chapel, and of
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reaction of some of the parents to it. In that meeting, Plaintiff was not accused of insubordination.
Nor was he accused of insubordination at any point.
34. Immediately following the termination of Plaintiff’s employment, Hasz sent an
email to the parents of all 1,000+ students at Faith Christian Academy and falsely claimed Plaintiff
had mutually agreed to resign and that issues of racism had nothing to do with the decision. The
next day he informed the faculty that Plaintiff had been guilty of and formally accused of
insubordination, and that Plaintiff resigned his position. Hasz further informed the faculty that
any person who signed the petition in opposition to racism and retaliation against Plaintiff were
likewise guilty of insubordination.
35. In private meetings with students, parents, teachers, and community members, as
well as public statements to the news media, Hasz stated that issues of racism and the Chapel had
nothing to do with Plaintiff’s termination, and that Plaintiff had voluntarily resigned for other
reasons. These false statements implied that Plaintiff had either resigned due to his consciousness
of guilt for acting inappropriately, or that he was forced to resign as part of a termination for cause.
The announcement thereby led to significant doubt among the students at Faith Christian and their
parents to the effect that Plaintiff had committed an act or acts justifying termination for cause,
when no such cause existed. The stigma associated with Plaintiff’s termination and the announced
reasons for it were of the sort that would typically and naturally affect his ability to pursue his
occupation.
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FIRST CLAIM FOR RELIEF
(Retaliation in violation of 42 U.S.C. Section 2000e-3(a)
against Defendants Faith Christian, Newcomb, Hasz and Cook)
36. Plaintiff incorporates by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
37. Plaintiff engaged in protected activity under 42 U.S.C. Section 2000e(a) (“Title
VII”) by opposing a racially hostile environment. That environment directly engaged his race – as
the white father to a black daughter. Racial insults directed against him personally, and
additionally, other racially hostile acts and insults directed at others, created a racially intimidating
environment that interfered with the effective discharge of his duties and responsibilities as high
school teacher and Dean of Students. Plaintiff communicated his discomfort with this hostile work
environment and organized the Chapel to reverse the hostility.
38. Notwithstanding the effect of this environment on him personally, he fell within
the zone of interest of those protected under Title VII, because he was a Faith Christian employee
subject to Title VII protection, and the teacher and Dean of Students subject to racial harassment
whose welfare fell within his employment responsibilities. Opposing racial harassment was
important to him as an employee victim of such harassments and protecting students from racial
harassment was an important aspect of his job.
39. Upon the realization that Faith Christian had become a racially hostile environment,
he opposed it, first by informing his direct supervisors, who acknowledged and admitted that the
problem exists, and then by organizing the Chapel. After Faith Christian tried to nullify the
controversy raised by the Chapel, he made efforts to restore the significance of the Chapel by
responding to the parenting community which, like himself, were offended by growing racial
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harassment at the school. He gave advance notice of intention to make this communication to his
superiors, and they not only allowed it, but praised his efforts.
40. As a direct response to Plaintiff’s opposition to racial harassment, Faith Christian,
Newcomb, Hasz, and Cook retaliated against Plaintiff by terminating his employment. Plaintiff’s
termination occurred first by removing him from his position as Chapel director, then by his
removal from the position as Dean of Students, then by giving him notice that he would be fired
at the end of the year, and finally by terminating his employment.
41. Plaintiff’s opposition to racial harassment was a motivating factor in his
termination, and he would not have been terminated but for his opposition to racial harassment.
42. As a result of a course of retaliatory conduct and Plaintiff’s ultimate termination,
he was damaged. His damages include emotional distress, loss of emotional value of his work, and
loss of salary and other employment benefits, the value of which shall be proven at trial.
43. The retaliatory conduct was wanton, fraudulent and malicious, done with an intent
to harm Plaintiff, while making public statements about him known by Defendants to be false.
Defendants conduct thereby entitle Plaintiff to an award of exemplary damages.
SECOND CLAIM FOR RELIEF
(Retaliation in violation of 42 U.S.C. 2000d (“Title VI”)
against Defendants Faith Christian, Newcomb, Hasz and Cook)
44. Plaintiff incorporates by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
45. Faith Christian is subject to the protections of Title VI because it owns and operates
and educational institution, that institution receives (through information and belief) federal
support in the form of financial assistance, scholarship grants and subsidies, and tax exemptions,
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and because the retaliatory acts that are subject to this Complaint concern discrimination in Faith
Christian’s educational activities.
46. In addition to protections Plaintiff receives as employee of Faith Christian, his
opposition to discriminatory practices—notwithstanding his employment status—constitute
protected activity under 42 U.S.C. 2000d.
47. Plaintiff’s opposition to racial harassment was a motivating factor in his
termination, and he would not have been terminated but for his opposition to racial harassment.
48. As a result of a course of retaliatory conduct and Plaintiff’s ultimate termination he
was damaged. His damages include emotional distress, loss of emotional value of his work, and
loss of salary and other employment benefits, the value of which shall be proven at trial.
49. The retaliatory conduct was wanton, fraudulent and malicious, done with an intent
to harm Plaintiff, while making public statements about him known by Defendants to be false.
Defendants conduct thereby entitle Plaintiff to an award of exemplary damages.
THIRD CLAIM FOR RELIEF
(Defamation against Defendants Faith Christian, Newcomb, Hasz and Cook)
50. Plaintiff incorporates by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
51. Defendants Faith Christian, Newcomb, Hasz, and Cook either directly or by and
through agents with whom they acted in concert or otherwise acting upon their direction made the
following defamatory statements about Plaintiff: Plaintiff had been terminated for insubordination
and Plaintiff resigned his employment for reasons having nothing to do with the Chapel or his
opposition to racial harassment.
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52. The above listed statements were defamatory per se because they tended to harm
Plaintiff in the pursuit of his occupation, and implied that he acted against fair and clearly
established standards of conduct at his employment, that his conduct was sufficiently egregious as
to warrant termination without notice, that he acquiesced voluntarily to termination in the face of
allegations made against him, and that he voluntarily abandoned the promotion of principles he
was, as teacher and Dean of Students, morally and legally obligated to protect.
53. The statements made were untrue, and made with reckless disregard of their truth
or falsity, with the knowledge that they were false, and with the improper purpose of elevating the
status and reputation of Faith Christian, the promotion of a false defense to claims of
discrimination, while denigrating Plaintiff in the eyes of his colleagues, the students, the parents
of his students, and to the public at large.
54. As a direct result of these defamatory statements he has suffered pecuniary loss by
being constrained in his efforts to find comparable alternative employment.
55. As a further direct result of these defamatory statements he has suffered a loss of
reputation, embarrassment, shame and public scorn, all of which is unmerited.
56. The retaliatory conduct was wanton, fraudulent and malicious, done with an intent
to harm Plaintiff, while making public statements about him known by Defendants to be false.
Defendants conduct thereby entitle Plaintiff to an award of exemplary damages.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor
and against each of the Defendants and award him all relief allowed by law, including but not
limited to the following:
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(a) All appropriate relief including injunctive relief at law and equity;
(b) Compensatory and consequential damages on all claims allowed by law in an amount
determined at trial;
(c) Punitive damages on all claims allowed by law and in an amount to be determined at
trial;
(d) Attorneys’ fees and the costs associated with this action, including expert witness fees,
on all claims allowed by law;
(f) Pre- and post-judgment interest at the appropriate lawful rate; and
(g) Any further relief that this court deems just and proper, and any other relief as allowed
by law.
PLAINTIFF RESPECTFULLY REQUESTS A TRIAL BY JURY OF THE ABOVE
STATED CLAIMS.
Dated this 7th day of June 2019.
Respectfully submitted,
LEVIN SITCOFF PC
s/Peter G. Friesen
Peter G. Friesen
Elisabeth L. Owen
Elizabeth A. Walker
1512 Larimer Street, Suite 650
Denver, Colorado 80202
Telephone: 303-575-9390
Fax: 303-575-9385
pgf@[Link]
elo@[Link]
eaw@[Link]
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