A second lawsuit against a former Federal Way High School basketball star who allegedly filmed and shared sex videos of female students without their knowledge also names the school district and the coach.

Tally Thomas, 19, filed the lawsuit Monday in King County Superior Court against Federal Way Public Schools, boys basketball coach Jerome Collins and Jalen McDaniels — now 20 and playing basketball for San Diego State University.

Thomas says McDaniels violated her right to privacy when they were student athletes at Federal Way High School. She alleges he secretly recorded video her engaging in sex with another player on the boys basketball team, then sent the video to a basketball team group chat.

That’s similar to the lawsuit filed against McDaniels last week by 20-year-old Gwen Gabert, who says McDaniels secretly filmed a sex act between them when they were seniors at Federal Way High School and later distributed the video.

In addition to the allegations against McDaniels, Thomas argues that coach Collins and Federal Way Public Schools are at fault.

“Coach Collins swept the matter under the carpet and protected his top players to ensure success at the state basketball tournament and beyond,” Thomas’ lawsuit reads. “Federal Way won its second state basketball title on or about March 5, 2016 within weeks of the exploitation and harassment coming to light.”

The district, Thomas’ lawsuit says, failed to supervise McDaniels, other students, Collins and assistant coaches, “creating a hostile educational environment,” and it “gave special preferences to its male athletes over its female athletes.”

Federal Way Public Schools said in a statement sent to The News Tribune on Friday that the district first learned of the allegations when a tort claim was filed in October and immediately started investigating.

Thomas’ lawsuit seeks unspecified damages, but the tort claim she filed as a precursor to the lawsuit sought $3.5 million from the district.

“The District has procedures in place, and staff are trained, to address student concerns when they are brought to our attention,” the school district’s statement said. “We hold all of our staff to high standards and the highest of expectations.”

District spokeswoman Kassie Swenson said Tuesday that the district’s investigation is ongoing, and that Collins is on administrative leave.

He has declined comment to other media outlets.

Asked if Collins wished to comment or had an attorney who did, Swenson told The News Tribune the district wasn’t able to coordinate comments from him.

The San Diego attorney reportedly representing McDaniels, Jeremy Warren, did not return a News Tribune message Tuesday.

Warren recently told the San Diego Union-Tribune that McDaniels “looks forward to his day in court. Right now, he’s focused on being the best student and human being he can be.”

He also noted that McDaniels was not criminally charged.

Thomas’ lawsuit alleges McDaniels and his coaches took actions “to avoid detection during the two year statute of limitation applicable to the crime of distribution of intimate images.

“Had Coach Collins timely reported to law enforcement, the statute would not have been a reason to decline criminal prosecution. The absence of any criminal prosecution is not a legitimate rationale for defendants to claim McDaniels acted lawfully. McDaniels did not act lawfully. Neither did Coach Collins.”

Thomas’ lawsuit further alleges that Collins encouraged her not to go to police after she became aware of the video Feb. 13, 2016.

He also did not go to police or Child Protective Services, nor did he follow district policy that required an investigation, according to her lawsuit.

At a meeting in the school cafeteria with the coach, Thomas and the basketball player shown in the video, “McDaniels leaned back, kept his arms crossed, rolled his eyes and uttered ‘my bad Tally.’ Coach Collins expected Ms. Thomas to get over the matter that day to avoid any risk to the team’s success at the state basketball tournament,” the complaint reads.

Both players played in the tournament without consequences, and McDaniels led the team to its second consecutive state 4A basketball championship.

McDaniels, a senior, was an all-area first team pick by The News Tribune.

Thomas argues that she faced bullying and harassment about the video.

Collins and the district failed to enforce policies against sexual harassment and “to seize defendant McDaniel’s phone and the phones of all students in possession of the unlawful recording in conformance with District policy to prevent the continuing dissemination of such child pornography and to ensure its prompt destruction,” the lawsuit states.

Thomas, who was a 2017 state women’s wrestling champion and also played softball, went on to study at Stanford University on scholarship.

Ultimately, she took leave from Stanford.

“Thomas thought she would escape the harassment and feelings of worthlessness when she left for college, but the shaming and negative talk about her private images followed her to California,” her lawsuit says. “She was unable to escape the damage caused to her reputation by the publication of her private and intimate images without her consent.”

Both Gabert and Thomas suffered severe emotional distress after the videos were shared, their lawsuits say.

Attorney Joan Mell, who represents both women, told The News Tribune Thomas’ dream is to graduate from Stanford one day.

“She’s having a tough time,” Mell said.
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