New lawsuit alleges OnTrack counselor kicked and hit client - News - MailTribune.com - Medford, OR

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New lawsuit alleges OnTrack counselor kicked and hit client Travis Cavalli, center, shown during a discussion at OnTrack's Dad's Program, is accused in a $2 million lawsuit of physically abusing a client. Mail Tribune / file photo Thursday Feb 2, 2017 at 4:58 PM Feb 2, 2017 at 6:04 PM Damian Mann Mail Tribune @reporterdm A $2 million lawsuit alleges a former OnTrack Inc. counselor, who was known as "The Nightmare" in mixed martial-arts circles, kicked and hit one of his clients who was receiving treatment in the Dad's Program. Brandon Neims filed the suit in Jackson County Circuit Court Feb. 1 against the former Dad's Program director, Travis Cavalli, and Cavalli's supervisor, Amy Jacobs, as well as OnTrack. "Cavalli hit Neims in his sides, arms, ribs and testicles (using his open hand or fist), kicked him, and struck him with objects (including a whip, a switch and a sock filled with rice)," according to the suit, written by lawyers Derek Johnson and Marilyn Heiken, with the Eugene firm of Johnson, Johnson P.C. Cavalli counseled OnTrack clients, supervised staff members and managed the operations of the Dad's Program, a 10-bed residential treatment facility for fathers with children age 5 or younger. Cavalli declined to comment when reached by phone Thursday evening. Jacobs is involved in a separate tort claim filed last year against former OnTrack Executive Director Rita Sullivan, alleging she kicked or slammed her hand against things close to employees while yelling and cursing at them and berated employees in public and private. Sullivan has been on paid leave since November, and the OnTrack board of directors named a new interim executive director, Dr. Kerri Hecox, on Monday. Jacobs did not return a phone call from the Mail Tribune Thursday. The Neims suit is the latest blow to hit OnTrack, the largest addiction recovery service in Southern Oregon. The nonprofit organization has been investigated by the state Department of Human Services and the Oregon Health Authority, which together found "deplorable" housing conditions at OnTrack facilities. Since the state reviewed the facilities in January, OnTrack has begun a $250,000 project to upgrade two housing facilities and is looking at remodeling other housing. OnTrack board president Jim Maize said he wasn't aware of the Niems lawsuit and said he stands by his previous statement on the issues with the program director. Previously Maize said OnTrack investigated the allegation of physical abuse by Cavalli, but could not substantiate it. "While the investigation did not corroborate the client's claim, OnTrack nevertheless replaced the program director and the clinical supervisor for the Dad's Program," Maize has said. Derek Johnson, Neims' attorney, said, "The facts we state in the lawsuit are not only from our client but from our own independent investigation." The suit also alleges OnTrack provided unsanitary housing. "The 'Dad's Program' facility had mold, signs of rodent infestation, broken windows, exposed insulation, torn carpeting that posed a dangerous tripping hazard, and other unsanitary and unsafe conditions," the suit alleges. Neims moved into the Dad's Program on April 12, 2016, and his girlfriend, Lacey Collins, enrolled in OnTrack's Home Program, which provides residential treatment. The couple have two children. The suit alleges Cavalli was abusive toward Neims in front of his 6-year-old child.  "Cavalli also verbally abused and harassed Neims and the other residents, and belittled Neims in front of Neims' children," the suit says. On May 20, 2016, CASA, a local children's advocacy organization, contacted DHS on behalf of Neims, according to the suit. "Collins also contacted DHS on or around May 20, and made a concurrent report on behalf of Neims, herself and their children." The suit alleges OnTrack retaliated against Neims and Collins by moving them out of the Dad's and Home programs and into crisis housing. The couple were informed June 16, 2016, that due to a conflict of interest they were being discharged from the OnTrack program, according to the suit. Some of the alleged abusive behavior was described in a separate Oregon Health Authority review of OnTrack conducted last June, though not in the kind of detail outlined in the suit. OHA, in its own review, found Cavalli failed to develop required service plans and treatment for individuals who had been enrolled more than 30 days. Cavalli told the OHA at the time, "I dropped the ball on that one and didn't complete one." — Reach reporter Damian Mann at 541-776-4476 or [email protected]. Follow him on www.twitter.com/reporterdm.