CASE NO.

____________________

JEFFERSON CIRCUIT COURT

DIVISION___________

JOSEPH AKA VANESSA GILLIAM

PLAINTIFF

v.

VERIFIED COMPLAINT

GALEN HEALTH INSTITUTES, INC.

DBA GALEN COLLEGE OF NURSING
SERVE:
C T CORPORATION SYSTEM
306 W MAIN ST
SUITE 512
FRANKFORT KY 40601
DEFENDANT

** ** ** ** ** **

Comes the Plaintiff, Joseph Gilliam, aka Vanessa Gilliam, by and through
counsel, and for her Complaint against the Defendant, Galen College of Nursing,
states as follows:
1.

At all times relevant herein, Plaintiff, Joseph Gilliam, aka Vanessa

Gilliam, [hereafter, Ms. Gilliam], and through counsel, is a resident of

Louisville, Jefferson County, Kentucky.
2.

At all times relevant herein, Defendant Galen College of Nursing

(hereafter Galen), was the statutorily constituted and duly authorized entity

responsible for the administration of the School of Nursing in Louisville,

Jefferson County, Kentucky.
3.

At all times relevant herein, Defendant Galen was and is a public

college operating under an assumed name with the actually business name
being Galen Health Institutes, Inc. , within the ambit of the Galen Health
Institutes, Inc. and whose operation and management is overseen by the
Galen Health Institutes, Inc..
4.

Galen is a corporate entity which has been licensed to do business in

Kentucky since June 10, 1988, under the former name of Humana Health
Institutes.

PRELIMARY STATEMENT
5.

Plaintiff files this Complaint pursuant to Title XIV of the Education

Amendments of 1972 which protects the right of transgender students to us

the restroom that matches their gender identity.
6.

The United States Department of Justice has stated in briefs filed in

Federal Court that Under Title IV of the Education Amendments,

discrimination based on discrimination based on a persons gender identity, a
persons transgendered status, or ones gender nonconformity is sex
discrimination and therefore prohibited under Title IV. Grimm v. Gloucester
County School Board, United States District Court, Eastern Division of
Virginia, 4:15-cv-00054-RGD-TEM, Document 28.

7.

Further, the Justice brief in that case states that the The United States

has a significant interest in ensuring that all students, including transgender

students, have the opportunity to lean in an environment free of sex
discrimination Id at pg 2
As detailed in the Factual Allegations below:
8. Mr. Gilliam was a student at Galen College of Nursing in Louisville
Kentucky in April of 2015.
9. Mr. Gilliam is in the process of transitioning to Ms. Gilliam.
10.While Ms. Gilliam was a student at Galen, she attended classes, lectures
and labs.
11.Transitioning from one gender to another is a process and this process is
ongoing.
12.Ms. Gilliam has been transitioning outside of school.
13.On or about April 19, 2015, Ms. Gilliam went to school at Galen and
attended classes there as herself.
14.That on or about April 20, 2015 Ms. Gilliam was pulled away from the
other students and told her that using the womens bathroom made
someone uncomfortable.
15. That at the meeting, Ms. Gilliam was asked why she was dressed like a
woman.
16. That after that meeting Ms. Gilliam was so uncomfortable returning to
Galen until this matter was resolved that she would not return until such
was accomplished.
17.That Ms. Gilliam requested a meeting with the Dean and was scheduled
with to meet with the Dean, but upon arriving, with counsel, Ms. Gilliam
was turned away and told she would have to talk to Ms. Dyer.
18.That counsel for Ms. Gilliam spoke with Ms. Dyer on multiple occasions
and was trying to resolve this matter in a timely manner but after two
months of being told that Ms. Dyer would call counsel back, Ms. Gilliam
was still unable to return to school and the school unenrolled her.

19.That counsel for Ms. Gilliam has tried to settle this case with counsel for
Galen, but after an email in which counsel for Galen stated that she
intended to change her affiliation to female had not told Galen she
intended to change her affiliation to female, it was clear a settlement
would be reached on this matter as the terminology is not an issue in the
law.

COUNT 1
42 U.S.C. 2000d
20.

The Plaintiff incorporates paragraphs 1-19 by reference.

21.

Pursuant to 42 U.S.C 2000d, the Plaintiff, as a citizen of the United

States
employed in a public school is entitled to be free from discrimination.
22.

By the acts and omissions alleged in this Complaint, the Defendants

have failed
the employee in the educational settling by:
a) Subjecting the Plaintiff to disparity of participation solely due to her
sexual
identity.
b) Subjecting the Plaintiff to harassment and reprisal solely due to her
sexual
identity.

23.

The Defendants have displayed an inordinate and deliberate indifference

to the
rights of the Plaintiff.
24.

The deliberate indifference of the Defendants stems from the policy,

customs and
practices of Galen College of Nursing.
COUNT II
TITLE IX
25.

The Plaintiff incorporates paragraphs 1-24.

26.

By the acts and omission alleged in this Complaint, the Defendants,

action under
color of the state law and federal law has failed to protect the Plaintiff in the
employment

setting by:

a) Subjecting the Plaintiff to discrimination solely due to her

transgender status.
b) Excluding her from using the restroom of her identified gender, the
fact that they later stated they would allow her to use said bathroom,
does not change the fact that she was stopped from using that
bathroom.
27.

The Defendants cased extreme emotional distress to the Plaintiff by

violating her rights.

WHEREFORE, Plaintiff and by counsel, demands as follow:

1.

A judgment in her favor against the Defendants herein for compensatory

and exemplary damages;

2.

For a trial by jury;

3.

For her reasonable cost and attorney fees; and

4.

For any and all other relief to which she may be entitled.

Respectfully
Submitted,

_______________________________________
SHANNON FAUVER
DAWN R. ELLIOTT
FAUVER LAW OFFICE,
PLLC
1752 Frankfort Ave.
Louisville, KY 40206
(502) 569-7720
Office
(502) 899-2467 Fax
shannon@fauverlaw.com Email
dawn@fauverlaw.com Email
fauverlaw.com Web
Counsel for Plaintif

VERIFICATION

I, Joseph Gilliam, state that I have read the foregoing Verified Complaint and
statements contained therein are true to the best of my knowledge and belief.

___________________________________
JOSEPH GILLIAM
Subscribed and sworn to before me by AMANDA VINOVA on this _______ day of
September, 2015.

My commission expires: ___________________________________

____________________________________________
NOTARY PUBLIC, KY STATE AT LARGE