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					STATE OF MINNESOTA                                                         IN DISTRICT COURT

COUNTY OF STEARNS                                              SEVENTH JUDICIAL DISTRICT

                                                                            1J/6V'./f3-1tk 9,
Keily Cole, Hannah Cowden, Nichole
Fink, Cory Pekarek & Sheila Lindstrom,

                          Plaintiffs,

       vs.

St. Cloud State University and
Dick Andzenge,

                           Defendants.


                                           COMPLAINT


       Plaintiffs, as and for their Complaint and cause of action against the above-named

Defendants, state and allege as follows:

                                             PARTIES


    1. Plaintiffs Keily Cole, Hannah Cowden, Nichole Fink, Cory Pekarek, and Sheila

       Lindstrom (hereinafter "the Students" when referenced collectively) were students at St.

       Cloud State University (hereinafter "SCSU") at all times relevant to this lawsuit. Plaintiff

       Sheila Lindstrom was a graduate student, and the other plaintiffs were undergraduate

       students.

   2. Defendant SCSU is a public educational institution located at 720 4 til Avenue South, in

       the City of St. Cloud, County of Stearns, State of Minnesota.

   3. Defendant Dick Andzenge is a professor of criminal justice at SCSu.
   4. The State of Minnesota, District Court, Stearns County, has jurisdiction over this matter

      under Minnesota Statute   9 363A.33   subdivision 6 because Stearns County is the principal

      place of business for Defendants SCSU and Andzenge.

DEFENDANT   ANDZENGE    WENT OVERSEAS WITH THE STUDENTS AS AN EMPLOYEE               OF SCSU


   5. From April 28, 2012 through May 27, 2012, the Students participated in a study abroad

      program (hereinafter "the Program") through SCSu. The Program focused on the study

      of criminology and victimization, and included classwork and travel in Croatia, the

      United Kingdom, and the Netherlands.

   6. Defendant Andzenge led the Program for SCSU, taught classes, and took the Students on

      various. sightseeing trips overseas. Defendant Andzenge's participation in the Program

      occurred within the course and scope of his employment with SCSu.

   7. Defendant Andzenge served as academic advisor to Plaintiff Lindstrom in her graduate

      program. Plaintiff Lindstrom traveled overseas for the Program at the request of

      Defendant Andzenge, and in order to complete a practicum requirement for her graduate

      degree.

   8. Plaintiffs each paid approximately $10,000.00 to participate in the Program.

   9. The culmination of the Program was attendance at the World Society ofVictimology

      Conference (hereinafter "the Conference") held at the Hague, Netherlands, on or about

      May 21,2012.

   10. Defendant Andzenge taught study abroad course as part of employment with SCSU prior

      to 2012, and was active in the academic field known as "victimology."

   11. In July 2010, Defendant Andzenge asked a former student to write him a

      recommendation to teach study abroad coursework. According to Professor Andzenge,



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   an SCSU faculty committee on international studies recommended that the university not

   approve the Program because they do not "trust or understand what (Andzenge] do(es]

   with SCSU students"

              PROFESSOR ANDZENGE       SEXUALLY      HARASSED   THE STUDENTS


12. From approximately April 30, 2012 to approximately May 23,2012, Defendant

   Andzenge engaged in unwelcome sexual advances and sexually motivated physical and

   verbal conduct that substantially interfered with the undergraduate students' education

   and educational environment. This conduct constituted sexual harassment as defined in

   Minnesot~ Statute   S 363A.03   subdivision 43.

13. Defendant Andzenge's conduct toward the undergraduate students constituted unlawful

   discrimination on the basis of sex and in direct violation of the Minnesota Human Rights

   Act.

14. Plaintiffs Keily Cole, Hannah Crowden, and Nichole Fink reported this conduct to SCSU

   and requested SCSU assist them with an early return to the United States. Because of

   Andzenge's pervasive and ongoing harassment, these students prematurely discontinued

   the trip on May 23, 2012 and returned to the United States.

                  PROFESSOR ANDZENGE       STOLE FROM THE STUDENTS


15. The Students prepaid SCSU for registration at the Conference as part of the costs of the

   Program.

16. Defendant Andzenge failed to register the undergraduate students for the Conference

   prior to commencement of the Program, and the undergraduate students could not attend

   the initial sessions of the Conference when they arrived in the Netherlands on or about

   May 21,2012.
17. SCSU issued Defendant Andzenge a check to purchase Conference registration for the

   undergraduate students. On or about May 21, 2012, Defendant Andzenge cashed this

   check at a financial institution in the Netherlands and obtained Dutch currency.

   Defendant Andzenge then purchased reduced rate registrations for each undergraduate

   student for the Conference.

18. In order to obtain the reduced rate, Defendant Andzenge purchased a membership into

   the World Society ofVictimology     for each Student without their knowledge or consent.

19. Defendant Andzenge retained the monies he saved through purchase of reduced rate

   registrations for the undergraduate students. The undergraduate students did not learn of

   this scheme until they returned to the United States.

20. Upon information and belief, Defendant Andzenge stole approximately $1,620.00 from

   the undergraduate students.

            PLAINTIFF SHEILA LINDSTROM TRIED TO HELP THE STUDENTS


21. While in the United Kingdom, the undergraduate students told Plaintiff Sheila Lindstrom

   about the ongoing and pervasive sexual harassment committed by Defendant Andzenge.

22. In addition, on or about May 21, 2012 Plaintiff Cory Pekarek needed medical care in the

   Netherlands due to an emergency. Plaintiff Sheila Lindstrom helped Plaintiff Cory

   Pekarek obtain necessary care.

23. Defendant Andzenge became angry and accused Plaintiff Sheila Lindstrom of

   insubordination as a result of the assistance she rendered Plaintiff Cory Pekarek.

24. On or about May 22,2012, Plaintiffs Keily Cole, Hannah Crowden, Nichole Fink, and

   Sheila Lindstrom confronted Defendant Andzenge about his unlawful conduct. Defendant

   Andzenge called the Students ungrateful.



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25. Ultimately, Plaintiff Cory Pekarek returned to the United States on or about May 22,

   2012 due to a medical emergency.

              SCSU AND ANDZENGE RETALIATED AGAINST THE PLAINTIFFS

26. In June 2012, the Students reported Defendant Andzenge's conduct to Equity and

   Affirmative Action at SCSU in the form of a verbal complaint.

27. SCSU conducted a cursory investigation and declined to address the complaints.

28. Because of the Students' complaints and in direct retaliation thereto, Defendant

   Andzenge refused to issue grades to the undergraduate students for the coursework

   completed overseas.

29. Additionally, Defendant Andzenge contacted Plaintiff Sheila Lindstrom via email to

   inform her that he would no longer serve as her academic advisor and committee chair.

   As a direct result, Plaintiff Sheila Lindstrom did not receive practicum credit for her work

   overseas, and she had to complete a second project.

   Count I- Sexual Harassment      in Violation   of the Minnesota   Human   Rights Act

30. Defendant SCSU is vicariously liable for the unlawful conduct of Defendant Andzenge,

   taken with the course and scope of his employment, under the doctrine of respondeat

   supenor.

31. SCSU knew or had reason to know of Defendant Andzenge's propensity to subject

   students to sexually harassing conduct as early as July 2010.

32. Under the Minnesota Human Rights Act, sexual harassment includes unwelcome sexual

   advances, sexually motivated physical contact or other verbal or physical conduct or

   communication of a sexual nature when that conduct or communication has the purpose




                                             5
   or effect of substantially interfering with an individual's education or intimidating,

   hostile, or offensive educational environment.

33. From about April 30, 2012 to approximately May 23, 2012, Defendant Andzenge

   engaged in unwelcome sexual advances and sexually motivated physical and verbal

   conduct that substantially interfered with the undergraduate students' education and

   educational environment.    This conduct constituted sexual harassment as defined in

   Minnesota Statute   S 363A.03   subdivision 43.

34. Defendant Andzenge's conduct toward the undergraduate students constituted unlawful

   discrimination on the basis of sex and in direct violation of the Minnesota Human Rights

   Act.

35. The Defendants' violation of the Minnesota Human Rights Act was willful and deliberate,

   or with reckless indifference to the provisions of the Act. Plaintiffs are entitled to an

   award of compensatory and punitive damages pursuant to the Act and damages for

   mental anguish and suffering.

          Count II - Reprisal in Violation of the Minnesota Human Rights Act

36. Defendant SCSU is vicariously liable for the unlawful conduct of Defendant Andzenge,

   taken with the course and scope of his employment, under the doctrine of respondeat

   supenor.

37. Under the Minnesota Human Rights Act, It is an unfair discriminatory practice for any

   individual who participated in the alleged discrimination as a perpetrator to engage in

   reprisal against a person because that person has filed a charge or participated in a

   proceeding. A reprisal includes, but is not limited to, any form of retaliation.




                                              6
38. Defendant Andzenge'srefusal    to issue grades to the undergraduate students after they

   reported his unlawful conduct to Equity and Affirmative Action at SCSU constitlltes

   reprisal under the Minnesota Human Rights Act.


39. Defendant Andzenge's resignation as Plaintiff Lindstrom's academic advisor and

   committee chair after she reported his unlawful conduct to Equity and Affirmative Action

   constitutes reprisal under the Minnesota Human Rights Act.

40. Defendant SCSU allowed Defendant Andzenge to withhold grades despite its knowledge

   that Defendant Andzenge sexually harassed the undergraduate students during the

   Program, and this action constitutes reprisal under the Minnesota Human Rights Act.

41. The Defendants' violation of the Minnesota Human Rights Act was willful and deliberate,

   or with reckless indifference to the provisions of the Act. Plaintiffs are entitled to an

   award of compensatory damages pursuant to the Act and damages for mental anguish and

   suffering.

                         Count III - Common Law Conversion

42. Common Jaw conversion occurs ~whenan individual has an interest in certain property

   and another party deprives the individual of that interest.

43. The undergraduate students had an interest in the money they paid SCSU to register for

   the World Society ofVietimology     Course, and Defendant Andzenge deprived the

   undergraduate students of their interest in these funds when he retained a portion of the

   monies for his own personal use \vithout the knowledge or consent of the undergraduate

   students.




                                             7
   WHEREFORE, Plaintiffs prays for judgment against the Defendants, in an amount greater

than fifty thousand and noll 00 dollars ($50,000.00) together with attorney fees, costs,

disbursements and prejudgment interest as provided for under Minnesota law.

       Dated this 30th day of April, 2013


                                            RAJKOWSKI HANSMEIER LTD.

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                                             troY' A. Poetz - 0318267
                                             Steven A. Bader - 0391108
                                             Attorneys for Defendants
                                             11 Seventh Avenue North
                                             P.O. Box 1433
                                             St. Cloud, Minnesota 56302
                                             Telephone: (320) 251-1055




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