Kozak Lawsuit: Rachel Mitchell Accused of Offering ‘Sweetheart Deal,’ School Allegedly Ignored Abuse
“Liberty Elementary had been acutely aware of Jacobsen's proclivities before he sexually abused her, ignored prior complaints about Jacobsen from other students and parents”
In January 2024, according to Kozak’s lawsuit she discovered that “Liberty Elementary had been acutely aware of Jacobsen's proclivities before he sexually abused her, ignored prior complaints about Jacobsen from other students and their parents, and taken affirmative acts of concealment after Jacobsen's arrest.”
The complaint alledged, “between 2003 to 2005, Liberty Elementary School teacher Joshua Jacobsen groomed, exploited, and sexually abused student Kayleigh Kozak while she was ages 12 and 13.” There were several students and teachers that complained to the principal and then-prosecutor never disclosed these facts to Kozak or her parents.
These new revelations, along with numerous subsequent teacher-related sex abuse cases, drove Kozak to seek accountability over 20 years later.
The lawsuit named for purposes of discovery, Maricopa County Attorney Rachel Mitchell, the Maricopa County Attorney's Office, the law firm of Wright Welker & Pauole, PLC, Nancy Bogart, Jerry Rovey, former Superintendent Pete Turner, Michael Todd, and Brian Parks for “aided abetted, conspired with, and/or were agents of Liberty School District in the unlawful conduct giving rise to this action.”
WHAT HAPPENED TO KAYLEIGH KOZAK AT A SCHOOL IN THE LIBERTY ELEMENTARY SCHOOL DISTRICT?
Instagram @thekayleighkozak
Per the lawsuit, Jacobsen began grooming Kozak in the fall of 2003 when she was in sixth grade. The legal filing provides explicit details. Four pages describe how the physical education teacher and soccer coach groomed Kozak emotionally and physically. The complaint alleged, “Jacobsen befriended Kozak’s parents so he could spend time with Kozak unsupervised.” Through legal filings, Kozak explained each espisode in grave deatils, “Jacobsen would force kisses” and “grope Kazak while in the equipment room.” On one occassion he took her to his apartment, “walked around wearning nothing but a towel around his waist” and when she started crying he took her home.
According to the complaint, in 2006, Kozak watched a film that detailed inappropriate touching and sexual abuse. Kozak “realized that she had internalized Jacobsen’s abuse for too long. She had to tell someone.” Kozak told the school therapist and Buckeye Police took a Police report on September 11, 2006. Kozak called her former PE teacher and abuser and, on a recorded line, confronted Jacobsen. He admitted, “I know, it shouldn’t have happened.” He also said, “I know better. I should know better as an adult…”
Kozak was never given a copy of that police report until January 2024.
IN THE MIND OF A PREDATOR
Victorious Living Magazine told the story of Joshua Jacobsen. It has to be read it in its entirety to comprehend the pure narcissim of this former educator. Jacobsen was a soccer sensation. Playing in a semi-pro league, he explained:
I’d waited my entire life for this moment. Soccer was my god, and I was singing hallelujah praises to the synthetic, air-filled orb that I worshipped. I looked up at the board for our winning score, but suddenly, instead of elation, all I felt was letdown. Champagne corks popped around me like Fourth of July fireworks, but the words “is this it?” echoed through my brain. My disappointment must have shown because, as the glittering lights of Las Vegas disappeared in the rearview mirror, my wife looked over at me and said, “Who are you?” I had no answer. Our long drive home to Phoenix was quiet. Hitting the peak of my soccer career and finding it fleeting and meaningless left me empty. A restless dissatisfaction began to build within me, and I started looking for fulfillment in other places. Unfortunately, nine months later, the State of Arizona had an answer to my wife’s question.
Jacobsen admitted in this essay that he is a “Sex offender. Destroyer of innocense.” His words, not ours. He also explained:
My victim was one of my 13-year-old soccer players. I was 31 years old, and never would I have imagined myself doing such a detestable thing. But I did. When your god is an air-filled orb and your church is a 120-yard chalked-up field of grass—your life is out of control, whether you’re aware of it or not.
Soccer was my escape. My marriage was crumbling, and I used that as an excuse to begin having affairs with the soccer moms in the league. Then I found myself basking in the starry-eyed idolization of my young, schoolgirl players. Their admiration somehow filled a void in my heart that an air-filled orb could not satisfy.
In this essay, he admitted to the abuse of Kozak.
Jacobsen is now re-married with children (his first wife divorced him), but the deal that granted him “lifetime probation” did not actually mean a lifetime. Kozack criticized the current Maricopa County Attorney for granting Jacobsen a “sweetheart deal.”
The former teacher who admitted he abused Kozak was granted release of his lifetime probation. Kozak was never told that his release from reporting was a possibility.
Joshua Jacobsen, Victorius Living Magazine
MARICOPA COUNTY ATTORNEY RACHEL MITCHELL
County Attorney Rachel Mitchell was the prosecutor assigned to Jacobsen's case. According to the complaint, throughout her career as both a prosecutor and a politician, Mitchell has developed a public image of being "tough on crime" and a strong advocate for victims' rights. The lawsuit also detailed Mitchell's history of publicly criticizing Kozak, particularly in response to Kozak's endorsement of her opponent. It was stated that the lawsuit was filed after the election to prevent any interference in the electoral process.
In a public tweet, Mitchell called Kozak a “grifter” and claimed she wrote “terrible legislation.”
According to the lawsuit, it was claimed that Joshua Jacobsen could have faced up to 25 years in prison. The complaint stated that prosecutor Mitchell informed Kozak's parents that the case against Jacobsen was weak. It reads, "Mitchell advised Kozak’s parents that, due to the case's alleged weakness, she intended to offer a lenient and financially appealing plea agreement to Jacobsen to encourage him to plead guilty, thus allowing Mitchell to avoid going to trial.” Additionally, the complaint alleges that Jacobsen’s defense attorney had previously worked with Mitchell at the County Attorney’s Office.
This was the plea deal:
Pursuant to the plea agreement signed and approved by Mitchell on August 21, 2007, Jacobsen pleaded guilty to one count of sexual abuse of a minor under 13 years of age, in violation of A.R.S. § 13-1404, and one count of luring a minor for sexual exploitation, in violation of A.R.S. § 13-3554. Both offenses are classified as class 3 felonies and dangerous crimes against children. Under the agreement, Jacobsen was sentenced to nine months in prison and placed on lifetime probation.
Kozak stated in her complaint that the Buckeye Police Department never provided her with a copy of the police report. On January 30, 2024, she finally received an unredacted version of the report. The lawsuit also claimed that while Mitchell maintained that the case against Jacobsen was weak and warranted a lenient sentence, the police report contained information that contradicted this assertion.
In the lawsuit, Kozak alleged:
Kozak read the report. Her heart stopped.
They knew. Liberty Elementary School knew. They knew about Jacobsen before he sexually abused Kozak.
After reading the police report Kozak knew that parents expressed their concerns about Jacobsen to Liberty Elementary School Principal Nancy Bogart, but according to the complaint “she ignored them.” Multiple children and parents corroborated Kozak's allegations against Jacobsen. As early as 2002, parents had complained about the teacher, but their concerns were dismissed. The then-Superintendent Turner claimed there was “no formal policy” for handling complaints, despite the fact that a written policy existed at the time.
In the police report, students told the police that Jacobsen “was always looking down the shirts of girls while they were doing push-ups.” This student specifially said Jacobsen would look down Kozak’s shirt. Another student complained in 2002 that Jacobsen would pat girls on the butt and the principal Bogart said “he didn’t mean anything by it.”
In 2006, in response to allegations of inappropriate behavior by Jacobson, Principal Bogart downplayed the seriousness of the matter according to the complaint, characterizing it as “rumors” spread by sixth-grade girls. Additionally, she dismissed complaints brought by individuals, portraying them in an unfavorable light and failing to recall key details or records related to the allegations. She admitted there was no formal investigation or protocol followed, stating that her involvement was limited to taking notes and speaking informally with those involved.
When pressed by Sergeant Schwenn for proper documentation, she acknowledged the lack of a formal complaint and investigation process, providing only unclear and incomplete handwritten notes.
Kozak claimed in her lawsuit that this was all new information to her because she had never seen the police report. But Rachel Mitchell would have seen all of this information before the plea deal was made.
Email from Jacobsen to Principal Bogart.
Student Statements located in police report: “Lawsuit alleged, “two handwritten letters from students. The letters seemingly exonerate Jacobsen, but exhibit obvious signs they were obtained via duress or undue influence from Jacobsen or others.”
CURRENT CASES IN BUCKEYE, ARIZONA SPARK OUTRAGE
The lawsuit asserts, “The City of Buckeye, Arizona is not a defendant in this case. Nevertheless, there have been multiple recent instances of teachers engaging in sexual misconduct with students at schools located within Buckeye, Arizona.”
Kozak details on her social media the disproportionate amount of teacher related sex crimes in Buckeye, Arizona. This is yet another reason she felt accountability is still needed, over two decades later.
At the time of publication, Kayleigh Kozak, Liberty Elementary School District, and Rachell Mitchell were unavailable for comment. We will update the story in the future if they respond.
Instagram @thekayleighkozak
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