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Case 3:16-cv-30184-MGM Document 124-3 Filed 09/30/18 Page 1 of 4

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS
_______________________
JOHN DOE, )
Plaintiff )
)
v. ) CIVIL ACTION NO.: 3:16cv-30184-MGM
)
WILLIAMS COLLEGE, )
Defendant. )
______________________)

AFFIDAVIT OF JOHN DOE IN SUPPORT OF


PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

I, John Doe, hereby state as follows:

1. I have personal knowledge of the facts stated in this affidavit.

2. I make this declaration in support of Plaintiff’s Motion for Partial Summary Judgment. (Dkt.

122.)

3. During my entire time enrolled as a student at Williams College, I did not receive any detailed

training pertaining to the College’s sexual assault/harassment policies. The only instance I can recall

where the student handbook was formally addressed to me by the College was during a brief

information session conducted by a member of Campus Safety and Security during the early days of

my freshmen year in fall 2011. During the session, the security officer went over basic conduct rules

(e.g.., no hard alcohol consumption, loud music after certain hours, etc.). Moreover, they only briefly

touched upon the subject of sexual misconduct, merely noting that there was in fact a policy in place.

No further details on the policy were provided.

4. While doing Williams College policy research on April 5, 2016, I visited the College’s

Archives and Special Collections. There I met Ms. Jessika Drmacich-Flach, Records Manager and

Digital Resources Archivist. I asked if I could see the student handbooks that dated back to 2010.

Ms. Drmacich-Flach informed me that the student handbook for academic year 2011-2012 was
Case 3:16-cv-30184-MGM Document 124-3 Filed 09/30/18 Page 2 of 4

missing. She also noted that there were no hard copies of the handbook after 2013 as the policies

starting in 2013 were electronic and only on the college’s website. She affirmed that she had copies

of the “digital student handbooks” up until 2014.

5. At the commencement of each academic year, I enrolled in classes through the College’s portal

system named PeopleSoft.

6. For the 2014-2015 and 2015-2016 academic years, when enrolling in classes, I was required to

sign acknowledgment of the code of conduct. However, the manner in which it was presented to read

and sign such document was obscure and misrepresentative. The PeopleSoft system did not allow

enrollment into any classes without having signed/checked an ‘I agree’ box that referred to the code

of conduct. Students including myself clicked through quickly in order to enroll as soon as possible,

in fear that there would be no spots left in the certain highly coveted classes.

7. At the beginning of the 2014-2015 academic year, the only exposure I had to the Code of

Conduct was the box check process prior to class enrollment in the PeopleSoft online system.

8. For the Fall 2014 semester, classes commenced on or around September 5, 2014 so it would

have been before then that I checked off the box Code of Conduct acknowledgment.

9. I never received an electronic copy of the Code of Conduct that went into effect October 2014.

I also never performed the box check acknowledgment of the October 2014 Code of Conduct at any

time during the Fall 2014 semester.

10. The last personal communication I ever had with Susan Smith was March 4, 2016.

11. During the last few minutes of my third and final interview with Allyson Kurker, she noted

that Susan accused me of sexual misconduct for engaging in nonconsensual intercourse during my

sophomore year, nearly two years earlier. Such news left me absolutely dumbfounded and, as noted

in my interview transcript, at a loss for words. Such actions on my behalf never transpired throughout

my entire relationship with Susan. Moreover, as this was at the very end of three grueling interviews

with Kurker, I was not granted the opportunity to properly respond to the outrageous allegation.
Case 3:16-cv-30184-MGM Document 124-3 Filed 09/30/18 Page 3 of 4

12. At the meeting I had with College Counsel, Dean Bolton, and my attorney on March 14,

2016, to speak about my complaint against Susan Smith, my attorney expressed concern that

Williams was protecting a school official who had assaulted, abused, harassed, and used her position

because I had spurned her advances. After my attorney read our written and documented statement

of facts concerning Smith’s false accusations, Dean Bolton and College Counsel Jeff Jones

merely thanked us and walked us out of the office. Neither College Counsel nor Bolton suggested I

go to law enforcement.

13. Upon information and belief, Williams College has never made any report of sexual assault

or rape by me to law enforcement.

14. My exclusive, romantic, and sexually active relationship with Susan Smith commenced in

October 2013.

15. A few months after our relationship started, Susan went on the birth control pill.

Approximately one month after Susan started using the pill, due to the changes in pH levels, Susan

began to experience intermittent scant natural lubrication. Sometimes she experienced soreness

during sex as a result.

16. In Spring 2014, we began to use synthetic lubrication to address the issue.

17. The only investigative report I received was the one dated September 13, 2016. The College

did not provide me with a copy of the final report.

18. On June 8th, 2016, a week following my second interview with Allyson Kurker, I asked to

obtain a copy of the witness interview transcripts for review. By doing so, my intention was to grasp

what the witnesses said and to further elaborate on certain topics were needed to discuss during my

next and final interview.

19. I have never spoken to nor engaged in any communications with Rosanna Reyes or Meg

Bossong.
Case 3:16-cv-30184-MGM Document 124-3 Filed 09/30/18 Page 4 of 4

20. Throughout my time at Williams College, not including the March 14, 2016 meeting with

her, College Counsel, and my attorney, I only engaged with Dean Sarah Bolton on a few brief

occasions to discuss procedures. I have never had a substantive conversation regarding Susan Smith

with Bolton.

21. Between February 1, 2016 and February 6, 2016 the only communications I had with Susan

Smith were text messages as shown in WMS0958 through WMS09870.

22. At all times, the sex Susan and I had was consensual.

Signed under the pains and penalties of perjury this 30th day of September 2018.

Date: September 30, 2018 _____/s/ John Doe_______________


JOHN DOE, PLAINTIFF

CERTIFICATE OF SERVICE

This document was served electronically upon all counsel of record by filing through the ECF
system on September 30, 2018.
_/s/ Stacey Elin Rossi_______
STACEY ELIN ROSSI

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