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Multiple employees, guests of McCall resort face sexual assault allegations

KTVB learned of five allegations of sexual assault or harassment at Shore Lodge in the past two-and-a-half-years. The resort is accused of mishandling those claims.

MCCALL, Idaho — On the surface, Shore Lodge is a tranquil mountain sanctuary set against a beautiful backdrop on the shoreline of Payette Lake.

The historic lodge prides itself on being a destination in the hidden gem that is McCall, Idaho. An iconic landmark since 1948, the lodge and its sister resort, Whitetail Club, are among the largest employers in McCall.

Despite the lodge's prominence in the community, several people claim its pleasant appearance is masking darkness under the surface.

KTVB learned of five instances reported to police of alleged sexual assault or harassment at Shore Lodge in McCall over the past two-and-a-half-years. The resort is accused of mishandling those claims.

7 Investigates began investigating these allegations in early May following a tip.

Several former employees and guests of the historic Shore Lodge in McCall told 7 Investigates that the establishment was the setting for a bevy of crimes and allegations.

"It was just this kind of toxic work environment where it was very obvious that if you speak up you are put on the list and you’ll be treated differently," former Shore Lodge massage therapist, Elly Bohn said. "They will get rid of you any chance they get." 

7 Investigates uncovered at least five reports filed with police over the last two-and-a-half- years, alleging that sexual assault or harassment occurred at the Shore Lodge.

The allegations involve both employees and guests — employees assaulting co-workers, an employee accused of assaulting a guest, and even guests assaulting employees. Three of the five claims resulted in formal charges being filed.

"For a town of 3,000 people to have this many sexual assaults in one business, is insane. Clearly, they have a problem they need to get ahead of," Bohn said.

One of the guests accused of assault was convicted of disturbing the peace after taking a plea deal in May. According to a police report, the man drunkenly grabbed a massage therapist at The Cove Spa, located inside the resort, and told the therapist that he’d pay her for sexual favors.

The incident happened on Christmas Eve of 2022; Bohn was a witness.

"[We] had security come escort them from the spa. They went to their room and security was watching them while we called the cops — or were waiting to call the cops," Bohn said.

Bohn said that she and her co-worker wanted the manager on duty to call the cops. Instead, the manager said that it was on them to make the call.

"Right away, it felt very discouraging," Bohn continued. "They didn’t want the cops coming up there, they didn’t want people seeing the cops there."

After the incident, Bohn and her co-worker asked Shore Lodge management to arrange meetings with every department to review sexual assault protocols, to display ‘zero tolerance’ policies all over the lodge, and to hold mandatory annual harassment training for all employees.

"Since I started in September [of 2022], there was not one mention of sexual harassment training. It was — in orientation — 'just look over the handbook, it’s all digital.' And that was it," Bohn said.

Internal emails dated in January of this year show that after those meetings occurred, the human resources director told Bohn that they would implement protocol and give training around sexual assault by guests in the spa.

"But in terms of companywide — nothing," Bohn added.

A few months after those conversations with management, Bohn was allegedly sexually assaulted by a male coworker at a party in Shore Lodge’s corporate building. 

Surveillance cameras caught the whole encounter.

The suspect was charged in Valley County, but the Valley County Deputy Court Clerk told 7 Investigates that the case is currently sealed because an arrest warrant has not yet been served.

Twin Falls attorney, Brian Hilverda, represents a female lodge guest who claims that a Shore Lodge employee forced himself on her in April of 2022.

"She’s not doing great. It's something she’ll carry with her for the rest of her life," Hilverda said. "It’s a lot and it's going to take a long time to heal."

Court documents reveal that the staff member allegedly tried to rape the guest in her hotel room shower after they did a "cold plunge" in the lake together.

"Truly horrifying. And she just fought him off the best she could and screamed. And it took all the rest of the friends coming into the shower area to pull him off and throw him out of the room, naked and wet," Hilverda said. "She was just mortified. She sat sobbing on the shower floor for hours until they finally decided to pack it up and head home in the middle of the night."

"She and her friends reported the incident to Shore Lodge management and the McCall Police Department the following morning," Hilverda said.

The suspect pleaded not guilty in court and is going to trial for charges of misdemeanor sexual battery and indecent exposure. His pre-trial conference is set for Oct. 23, 2023.

Hilverda said that Shore Lodge didn't do much after the guests reported the alleged attack. It was the guests who called the lodge repeatedly, asking the lodge how it plans to handle the situation, informing the lodge that the police had been called and that the situation was serious.

"At one point they said, 'well, we’ve turned it into HR' and that’s all they said. At one point, someone from the lodge in another call just said, 'we’re not perfect at following policies and procedures' and left it at that," Hilverda told KTVB. 

"No one ever said, 'we’re really sorry this happened.' No one said he’s been terminated. I don't know if he was or not. They didn’t even offer that up as something they had done in response to this being reported to them," Hilverda said. "They never once called our client or her friends to check in on them or to get more information."

The common denominator between all of the claims is that after these allegations, the management at Shore Lodge did not take appropriate action, had a lackadaisical attitude toward claims of sexual harassment and that lodge management fostered a culture of tolerance around sexual harassment.

Hilverda filed a lawsuit in January against the suspect and Shore Lodge for those very reasons - claiming the company is liable for his client’s assault last April and that they could have prevented it.

In response to the lawsuit, Shore Lodge denies many of the allegations and denies responsibility. They said the accused employee was "acting outside the course and scope of his employment," meaning that he did it on his own and not as part of his job.

"If they’re creating that environment where employees think they can get away with this or even guests or where this sort of thing happens regularly, then they’ve got a problem when they're inviting their guests in and saying, 'You should stay here' and not really following up on safety," Hilverda said.

7 Investigates emailed Tom Garcia, the president and general manager of the resort, asking for the lodges side of the story. Via email, Garcia stated: "We strive to be an employer of choice that provides a safe workplace environment." 

The attorney representing Shore Lodge Whitetail, LLC, in the case involving Hilverda's client told KTVB in a phone call that they cannot comment on the case due to pending litigation.

The Scott family owns Shore Lodge Whitetail; the same Scotts who are heirs to Albertsons grocery stores. 

7 Investigates reached out to the registered agent of Shore Lodge, Brian Naeve, who also serves as vice president of the J.A. and Kathryn Albertson Family Foundation. Naeve said the owners of the resort stand by Garcia's statement and have nothing other comments about the allegations at the moment.

The day after reporting her assault, Bohn was fired.

She’d also recently suffered a knee injury, tearing her ACL, and internal emails show she missed multiple days of work because of knee pain, which violated company policy.

"But I believe it was their retaliation from speaking up since I started there. I think it was their way of trying to get me out and thought I wouldn’t fight it," Bohn added.

She is fighting it; she and her attorney Matthew Gunn filed a charge of discrimination against the company with the Idaho Human Rights Commission this month. Filing the administrative complaint is the first step toward suing the company.

Bohn claims Shore Lodge managers discriminated against her because of her injury, they were negligent in their response to her sexual assault, and she claims they retaliated against her, partly, after she pushed for more action around sexual harassment.

7 Investigates also asked Garcia for his response to that complaint, but he never responded.

"This has been a beloved resort for thousands of people and families for generations. So, they have really kept it under the rug," Bohn said. "I would like to see the people responsible held accountable for their actions."

Through their legal action, Bohn and Hilverda want Shore Lodge to unmask and address the darkness they say is lurking beneath the surface.

"Our client definitely wants her story to be heard. She wants it not to happen again. So, some assurance there are steps in place to make sure this sort of thing never happens again," Hilverda said.

In emails to Bohn earlier this year, Shore Lodge's HR director told her that complaints are “seriously investigated” and that “appropriate actions are taken.” Adding that lodge management communicates and trains, but they “can’t control what people do or say.”

It is expected that more information about the lodge's handling of these incidents will come to light when the civil and criminal cases are heard in court. 

Idaho does not have a legal requirement for private businesses to offer sexual harassment training. However, Idaho Human Rights Commission Director Ben Earwicker told 7 Investigates via email: "It’s clearly in an employer’s best interest to provide that, and a best practice...some businesses/corporations may have internal policies mandating that, and HR groups like SHRM both recommend annual trainings and provide resources for HR professionals and businesses."

7 Investigates:

KTVB’s award winning investigative team reports on local, crime, and breaking news across Idaho.

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