John Doe V Williams College Motion For Summary Judgment Exhibit 69

Case 3:16-cv-30184-MGM Document 124-69 Filed 09/30/18 Page 1 of 168
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
WESTERN SECTION
Docket No.
16-CV-30184
JOHN DOE,
Plaintiff
vs.
WILLIAMS COLLEGE,
Defendant
DEPOSITION OF: AARON GORDON, taken before

Kathleen M. Houghton, Notary Public
Stenographer, pursuant to the Federal Rules of
Civil Procedure, at Williams College, Hopkins
Hall, Room 203, 880 Main Street, Williamstown,
Massachusetts on May 15, 2018, commencing at
9:02 a.m.
APPEARANCES:
(Please see Page 2.)
Kathleen M. Houghton
Court Reporter
APPEARANCES:
ROSSI LAW FIRM

P.O. Box 442
Hoosick Falls, New York 12090,
representing the Plaintiff.
BY: STACEY ELIN ROSSI, ESQUIRE
(413) 248-7622
berkshirelegal@gmail.com
LOCKE LORD LLP

111 Huntington Avenue
Boston, Massachusetts 02199,
representing the Defendant Williams
College.
BY: DARYL J. LAPP, ESQUIRE
(617) 239-0174
daryl.lapp@lockelord.com
1 I N D E X
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2 WITNESS DIRECT CROSS REDIRECT RECROSS
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3 AARON GORDON 5
4
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5 EXHIBIT DESCRIPTION PAGE
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6 142 PowerPoint presentation 12
7 143 Training document 15
8 144 Slides 23
9 145 Pg. 33 of Exhibit A, John's response 45
10 146 Pg. 45 of Exhibit A, John's response 46
11
157 email, WMS 08480 and 8481 125
12
158 Terms/Title IX, WMS 07049 127
13
159 Pgs. 28 and 29 of Exhibit A,
14 John's response 134
15 160 Grounds for appeal, WMS 11718 139
16 161 Haynes letter, 1/31/17, 3 pgs. 141
17 162 Sandstrom letter, 2/13/17, 2 pgs. 143
18 163 email, 09706, 3 pgs. 146
19 *****
20
21
22
23
1 S T I P U L A T I O N S
3 It is agreed by and between the parties
4 that all objections, except objections as to
5 the form of the question, are reserved, to be
6 raised at the time of trial for the first
7 time.
9 It is further agreed by and between the
10 parties that all motions to strike
11 unresponsive answers are also reserved, to be
12 raised at the time of trial for the first
13 time.
14
15 It is also agreed that the deponent will
16 read and sign the deposition transcript.
17
18 It is further agreed by and between the
19 parties that notification to all parties of
20 the receipt of the original deposition
21 transcript is also hereby waived.
22
23 *****
1 AARON GORDON, Deponent, having
2 been satisfactorily identified by the
3 production of a driver's license, was duly
4 sworn in and questioned and testified as
5 follows:
6 DIRECT EXAMINATION BY MS. ROSSI
7 Q. Good morning, Aaron. My name is
8 Stacey Elin Rossi. Can you please state and
9 spell your name for the record?
10 A. Aaron Brendan Gordon, A-A-R-O-N
11 B-R-E-N-D-A-N G-O-R-D-O-N.
12 Q. And what city and state do you reside
13 in?
14 A. Williamstown, Massachusetts.
15 Q. Do you reside in any other locations?
16 A. No.
17 Q. And what is your employment?
18 A. I work for Williams College.
19 Q. Have you ever gone through a
20 deposition before?
21 A. No.
22 Q. Okay. Let me go through some of the
23 parameters. If I ask a question that is

1 unclear, please let me know so I can rephrase
2 it in a way that may be more clear to
3 understand the question I am asking. It makes
4 the court reporter's job significantly easier
5 if only one person at a time is speaking. So
6 even if you think you know the question that
7 I'm asking, please kindly wait until I am done
8 with my question before answering it.
9 If at any time you need to take a
10 break and pause the deposition, you may ask to
11 do so, only I ask that you complete the
12 currently pending question first.
13 Okay. Next, all of the questions
14 I'll be asking in the first part of this
15 deposition have to do with the primary
16 adjudication of the case and I will let you
17 know when the questioning turns to the appeal.
18 And I will be using the names John
19 Doe and Susan Smith to maintain
20 confidentiality of the parties. Do you
21 understand who those people are?
22 A. Yes.
23 Q. Okay. What did you do to prepare for

1 this deposition?
2 A. Met briefly with our lawyer, Daryl,
3 yesterday.
4 Q. And did you read the transcripts from
5 the depositions of Ninah Pretto?
6 A. No.
7 Q. Did you read any other deposition
8 transcript?
9 A. No.
10 Q. Okay. Did you speak to anyone I have
11 deposed about their depositions?
12 A. I had a brief conversation with Ninah
13 Pretto to confirm that she had been deposed.
14 Q. Okay. How long have you been
15 employed by Williams College?
16 A. Approximately, 11 years.
17 Q. And what position do you hold?
18 A. Currently the administrative director
19 for divisional affairs.
20 Q. And when did you become that
21 position?
22 A. July 2011.
23 Q. And what position did you hold before

1 that?
2 A. I was the assistant director for
3 regional programs, which is in the Office of
4 Student Life.
5 Q. And in your current position do you
6 report to Stephen Klass?
7 A. Yes.
8 Q. And did you do so in your previous
9 position?
10 A. No.
11 Q. So at the time of this adjudication,
12 Stephen Klass was your direct supervisor; is
13 that correct?
14 A. Yes, that's correct.
15 Q. Where did you receive your bachelor's
16 degree?
17 A. Franklin & Marshall College in
18 Lancaster, Pennsylvania.
19 Q. And when was that?
20 A. 2001.
21 Q. What was your major?
22 A. Classical art and archeology.
23 Q. And do you have any graduate degrees?

1 A. I have a master's in business
2 administration from --
3 Q. Go ahead.
4 A. -- Union University, which is now
5 currently part of Clarkson University.
6 Q. And what are your responsibilities
7 and duties in your current position?
8 A. Let's see. I have broad
9 responsibility for the administrative and
10 budgetary details in the Division of Campus
11 Life. I oversee all budgets. I work closely
12 with Human Resources on personnel issues,
13 staffing changes, things of that nature. And
14 I also have a variety of other administrative
15 duties that vary depending on the things that
16 are currently happening.
17 Q. And before serving on this panel, had
18 you ever served on a panel that adjudicated
19 sexual misconduct complaints before?
20 A. Yes.
21 Q. Do you recall how many panels you've
22 served on before this panel in this case?
23 A. I cannot recall the exact amount but

10
1 it's probably close to seven or eight.
2 Q. Did you receive training at the
3 College to be a panelist on sexual misconduct
4 hearing panels?
5 A. Yes, I did.
6 Q. And when were those trainings?
7 A. I honestly can't recall the date.
8 Q. Did you have a training within six
9 months of the panel in this case being
10 convened?
11 A. Not being able to pinpoint exactly
12 when it began, I can't confidently answer
13 that.
14 Q. What is your understanding of the
15 duties that hearing panels have in
16 adjudicating sexual misconduct cases?
17 A. Our role, as I understand it, once
18 collected is to receive information regarding
19 the case that is compiled by an independent
20 investigator; and then utilizing that
21 information, we are to view the facts of the
22 case through the lens of the College's
23 policies and procedures around the specific

11
1 items in question, and then ultimately render
2 a finding of responsibility or not
3 responsibility.
4 Q. Do you recall how many hours of
5 training your training consisted of?
6 A. I recall that the primary training
7 was the better part of a day. And prior to
8 every case that I have worked, there has been
9 a refresher training, which included content
10 from the original and any pertinent
11 information that might be needed.
12 Q. How long would that refresher
13 training take?
14 A. Thirty minutes approximately.
15 Q. And what did the training involve?
16 A. The primary training?
17 Q. Yes.
18 A. I don't remember every piece of it.
19 It was a while ago. But I would say that, you
20 know, you spend a lot of time reviewing the
21 policy that the College has, talking about
22 definitions of different parts of the
23 terminology that are in the policy. There is

12
1 a fair amount of running through generic
2 scenarios, breaking into groups to try to have
3 conversations, and there was also an attempt
4 to pair panelists who had more experience with
5 panelists who had less so that there was an
6 ability to share knowledge.
7 MS. ROSSI: We're going to
8 mark an exhibit. So --
9 MR. LAPP: It will be -- 142
10 will be next.
11 Q. (By Ms. Rossi) -- I'm going to show
12 you this PowerPoint presentation, which we are
13 going to mark as Exhibit 142.
14 (Exhibit No. 142, marked.)
15 Q. (By Ms. Rossi) Can you take a look
16 at that and tell me if this is the PowerPoint
17 presentation that was used at your training if
18 you recall?
19 A. Do you have a specific date when this
20 was utilized?
21 Q. It's the only one I've been provided
22 except for one that was from 2014 or earlier.
23 So this is the most current one according to

13
1 my information.
2 A. From what I can recall, this looks
3 very similar to the presentation that I went
4 through. Without a date stamp and
5 understanding of whether I was present, I
6 can't say that this was definitively the one
7 but a lot of it has similar topics like slides
8 and pieces of it.
9 Q. And I'm just going to ask another
10 question about the panels that you were on
11 previous to this one. Did they all include a
12 complaint of nonconsensual sex by a female?
13 A. Having served on so many, I can say
14 that all of the cases involve females,
15 although not all of the cases involve males.
16 And, broadly, if you're defining sex
17 as sexual activity or penetration, then the
18 answer would be no. Some of them were related
19 to sexual misconduct that didn't come to this.
20 Q. But they are all under the rubric of
21 sexual misconduct; is that correct?
22 A. I believe as it falls within our
23 policy, yes, that's how the activation of the

14
1 committee is done.
2 Q. And when you say involve females, are
3 you saying that the complainants were all
4 female?
5 A. I believe in one case there was a --
6 two female complainants.
7 Q. And of all those cases that you
8 participated in, did you find the respondent
9 responsible for nonconsensual sex or any other
10 form of sexual misconduct?
11 MR. LAPP: I'll object to the
12 form of the question.
13 Go ahead.
14 THE WITNESS: So you're
15 asking me, just to clarify, if the person who
16 the complaint was filed against was always
17 found guilty?
18 Q. (By Ms. Rossi) By you, did you find
19 them guilty?
20 A. Me, personally?
21 Q. Yes.
22 MR. LAPP: I'll object to the

15
1 THE WITNESS: In that there
2 were instances where the respondents were not
3 found guilty, I'll have to answer no, but I
4 can't remember each specific case and how I
5 felt about it at the time.
6 Q. (By Ms. Rossi) Okay. Were there any
7 of those cases -- I asked and answered. Never
8 mind. Withdraw the question.
9 I'll take the exhibit back.
10 Were you trained to consider the
11 alleged victim's feelings?
12 A. We were told in training that the
13 topic by nature is emotional and so that there
14 would be emotions on both sides, both
15 complainant and respondent, but the primary
16 training was interpreting the evidence
17 presented by the independent investigator
18 through the lens of the policy, so I would say
19 the answer to that question is probably no,
20 not directly.
21 MS. ROSSI: We're going to
22 mark this next exhibit as 143.

16
1 Q. (By Ms. Rossi) Can you take look at
2 this and see if you recall what date this
3 training took place on?
4 A. I have no idea.
5 Q. Okay. Do you recall interacting at
6 all with Ms. Camacho at this training?
7 A. No. Sorry.
8 Q. Do you know Ms. Camacho?
9 A. As a colleague, yes.
10 Q. Had you met her sometime at least as
11 late as spring of 2016?
12 MR. LAPP: Had you met her as
13 late as?
14 Q. (By Ms. Rossi) At any time before
15 that do you recall?
16 A. I know I met her within a few weeks
17 of her starting at the College but, I'm sorry,
18 I can't pin down an exact time frame or date
19 because I don't know.
20 Q. Do you think that at the time of --
21 when this case adjudicated that she knew who
22 you were?
23 MR. LAPP: Objection.

17
1 THE WITNESS: I can't
2 speculate whether she knew me.
3 Q. (By Ms. Rossi) Okay. So you don't
4 have any personal knowledge of her knowing you
5 or not at the time of this?
6 A. At the time -- not knowing when that
7 was or anything, I can't say.
8 MS. ROSSI: Okay. I'll take
9 this back.
10 Q. (By Ms. Rossi) Who conducted your
11 regular trainings in this case -- I'm sorry --
12 the trainings to be a panelist?
13 A. The -- are you asking about that
14 specific training or the individual ones that
15 came prior to each case?
16 Q. The regular ones, the annual ones,
17 whichever, not associated with right before a
18 case?
19 A. Meg Bossong was always a facilitator
20 and I believe it was in conjunction with Sarah
21 Bolton early on prior to her departure and
22 then with Marlene Sandstrom once she became
23 Dean of the College.

18
1 Q. What was your understanding of the
2 role that the College's reputation plays in
3 hearing these cases?
5 THE WITNESS: Can you clarify
6 what you're asking?
7 Q. (By Ms. Rossi) Were you trained to
8 consider the College's reputation?
9 A. During the aforementioned trainings?
10 Q. Yes.
11 A. No. It was not mentioned.
12 Q. Would you agree that for a person's
13 statement to be credible she should be
14 consistent?
16 THE WITNESS: I think, as I
17 understand the trainings that we have had,
18 there are ways in which trauma can impact the
19 ability to recall things and can create the
20 appearance of inconsistency, but in all cases
21 we would review multiple sources and pieces of
22 information in an effort to try to find the
23 consistency.
19
1 Q. (By Ms. Rossi) Okay. And putting
2 aside what you were trained on, would you
3 agree that for a person's statements to be
4 credible they should be consistent?
6 THE WITNESS: I think for
7 what I know now per trauma I would say no, I
8 don't feel that is a need.
9 Q. (By Ms. Rossi) Well, the question
10 isn't about a traumatized person. Speaking
11 about people's statements in the whole world
12 of statements that people can make, would you
13 agree for a person's statements to be credible
14 they should be consistent?
15 MR. LAPP: Objection. Asked
16 and answered.
17 THE WITNESS: I think that
18 when I've done these cases I look for
19 consistency of all the information, including
20 the statements, but I do understand there to
21 be cases in which that is not always going to
22 appear that way.
23 Q. (By Ms. Rossi) Would you agree with

20
1 the statement: Every survivor of sexual
2 assault ought to be believed?
3 A. When you say "survivor of sexual
4 assault," are you referring to a person who is
5 accused or -- sorry, no I didn't -- let me
6 rephrase.
7 I think part of the way that we look
8 at these cases is making sure that when a
9 person makes a claim of sexual assault, we can
10 confidently say that we have reviewed it and
11 feel that it did happen. And if that is the
12 case, then in my opinion they should be
13 believed. But I don't believe from the outset
14 simply because someone says I was assaulted
15 that I have all the information, if that's
16 clear.
17 Q. Okay. How did you come to be put on
18 the hearing panel in this case?
19 A. I received a request from Marlene
20 Sandstrom, Dean of the College, asking if I
21 would participate in a hearing panel.
22 Q. Were you familiar with either John
23 Doe or Susan Smith before you were asked to

21
1 serve on the panel?
2 A. No, I was not.
3 Q. Is it correct that the primary
4 adjudication phase of the process involved two
5 in-person meetings of the panel?
6 A. I know there were at least two
7 meetings. I can't confidently say those were
8 the only times we met. I don't remember
9 exactly.
10 Q. Okay. I'm going to show you Exhibit
11 43 from Ninah Pretto's deposition, which we
12 will also mark as 144 in this case.
13 MS. ROSSI: Is that how you
14 want do it?
15 MR. LAPP: I don't think we
16 need to remark it.
17 Q. (By Ms. Rossi) So if you take a look
18 at this, does this refresh your recollection
19 -- there's a few pages to this document -- as
20 to how many meetings the hearing took?
21 A. So it looks to me there were two
22 meetings for the hearing panel, a meeting for
23 the sanction panel and then the appeal of the

22
1 case hearing panel meeting, and then a second
2 one with the same title. So I'd have to -- in
3 that I'm checked off, I would have to
4 stipulate that I was present for those.
5 Q. Okay. And the first meeting held on
6 October 21st, did that last one hour as
7 indicated?
8 A. I feel confident based on the volume
9 of material that it would have lasted the full
10 hour.
11 Q. Did Dean Sandstrom attend this
12 meeting?
13 A. She attended the meeting in the
14 beginning. I believe, as I mentioned, a
15 portion of the meeting was dedicated to a
16 refresher training and so she would have been
17 present for that.
18 Q. Okay. And at that meeting were
19 written materials provided?
20 A. There was a packet of materials
21 provided from the independent investigator,
22 yes.
23 Q. I will take this back.

23
1 Now I'm going to hand you some slides
2 that we are marking as Exhibit 144.
4 Q. (By Ms. Rossi) Now, if you can take
5 a look at these? As I understand it, excerpts
6 from the PowerPoint presentation are provided
7 at the refresher training before each hearing.
8 Do you recall if these slides were included in
9 this refresher training?
10 MR. LAPP: You're asking him
11 the refresher training for this case?
12 MS. ROSSI: Yes.
13 THE WITNESS: I would say I
14 can't confidently speak to whether these were
15 taken from that, not having a strong
16 recollection. And these are very similar to
17 the slides that were used throughout the
18 course of the cases I have served, so whether
19 these were the exact slides, I don't know that
20 I could confidently say but they have a lot of
21 information that slides would typically have.
22 Q. (By Ms. Rossi) Okay. And were you
23 provided the slides -- any slides at the

24
1 refresher training?
2 A. When you say "provided" do you mean
3 given physical copies?
4 Q. Physical copies at that meeting. I'm
5 not talking about whether you could take them
6 or not but were they present at that meeting?
7 A. Certainly they were on a screen. I'm
8 just trying to... What I recall being given is
9 the packet of information with the policy
10 information. I do not recall getting copies
11 of the slides, like printed copies of the
12 slides.
13 Q. Okay. I'll take that back.
14 Do you recall receiving responses to
15 reports or responses to the investigative
16 report?
17 A. Can you clarify an example of what
18 that would be?
19 Q. Well, the policy provides for the
20 respondent and complainant to provide, if they
21 wish, responses to the report. And in this
22 case both John Doe and Susan Smith provided
23 responses to the report. Do you recall those?

25
1 A. At the end of the packet, typically,
2 there is a section for responses and so, as I
3 understand it, throughout the course of the
4 investigation process if there was a response,
5 a copy of that is made and provided so that
6 the panel has context from the respondent and
7 defendant for what is in the packet of
8 information. So, yeah, I do recall at the end
9 there was at least some. I know it's an
10 ongoing conversation.
11 Q. Okay. Going back to the regular
12 trainings that you have, is it correct that
13 the PowerPoint did not include everything that
14 you were trained on?
15 A. Are you asking if it's the same as
16 the PowerPoint on the larger training day in
17 terms of full day?
18 Q. Right. Well, Ninah Pretto in her
19 deposition stated that the PowerPoint slides
20 are not everything the panelists get trained
21 on. Is that correct?
22 A. I would say if you look at the full
23 content of the day-long training, there are

26
1 sections of that that are dedicated towards
2 not so much policy review but encouraging
3 conversation and examples and in having people
4 get together and discuss what is being given
5 as information. Those are not included in the
6 PowerPoint presentations that are a part of
7 the refresher. They are what I would classify
8 as condensed versions of the relevant policy
9 pieces and any other pieces the panelists
10 would need to know to be able to effectively
11 adjudicate.
12 If I could give you an example, a
13 case where there is a question of only sexual
14 misconduct involving penetration or
15 nonconsensual sex would not have a section on
16 stalking, but that was included in the larger
17 training because you may, in fact, have a
18 stalking case at some point. So there was a
19 customization of those for the specific cases.
20 Is that helpful?
21 Q. Yes.
22 A. Okay.
23 Q. Thanks.
27
1 We're going to look at the PowerPoint
2 presentation and turn to page 38 on this.
3 MR. LAPP: So now we're back
4 to Exhibit 142.
5 MS. ROSSI: Yes, 142.
6 Q. (By Ms. Rossi) Could you tell me
7 what this slide is about?
8 A. I think -- and again I don't remember
9 this presentation in excruciating detail --
10 this was talking about some of the research
11 related to sexual assault and other things
12 that was an effort to give context to the
13 people who would be on the panels about the
14 culture that exists that can contribute to
15 sexual assault.
16 I couldn't confidently say I know
17 what the confluence model is so I don't want
18 to speculate on that.
19 Q. Can you tell me what "hostile
20 masculinity" is?
21 A. Well, I probably could define the two
22 words independently. I don't know what it
23 means in the context of the confluence model.

28
1 I just prefer not to speculate.
2 Q. I'm going to show you Exhibit 68 from
3 Dean Sandstrom's deposition, and can you take
4 a look at these emails? There's I think
5 emails on the back as well.
6 A. Okay.
7 Q. Why do you think Dean Sandstrom
8 singled you out to be on this panel?
10 THE WITNESS: As the Dean of
11 the College I think Dean Sandstrom is charged
12 with putting together all of the panelists, so
13 she didn't specifically indicate to me why I
14 was selected versus someone else, so I'm not
15 sure.
16 Q. (By Ms. Rossi) Why do you think she
17 said she would really love to have you and
18 Stephen Klass together on this panel?
20 THE WITNESS: In that we
21 didn't have any follow-up conversation about
22 that, I'd be purely speculating on why and I
23 don't know that that's of any value.

29
1 Q. (By Ms. Rossi) Okay. So you don't
2 have personal knowledge; is that what you're
3 saying?
4 A. Yes, I don't. I guess that's an
5 easier way to say it.
6 Q. Okay. Were you the putative chair of
7 the panel?
8 A. I don't know that anyone was
9 designated chair that I'm aware of.
10 Q. Well, that's why I said "putative."
11 Did you take on the role of being the chair
12 even though it wasn't designated?
13 A. I would say that in that I had more
14 experience than the other two panelists, I did
15 do some additional duty on the panel because I
16 think it was just an easier way to facilitate
17 it.
18 Q. Okay. So one of those extra things
19 that you did was creating an Excel spreadsheet
20 on which you and the panelists would keep your
21 notes?
22 A. Yes.
23 Q. Okay. Going back to the first

30
1 meeting, October 21st, 2016, now. Is it
2 correct that at this meeting the materials
3 were handed out and the allotted time after
4 Dean Sandstrom left was spent familiarizing
5 yourself with the materials?
6 A. Yes.
7 Q. And is it correct that the panel did
8 not discuss the case at this first meeting?
9 A. Given the volume of material, we did
10 not get to have a substantive conversation but
11 mostly focused on getting through the packet
12 itself and then scheduling a follow-up so that
13 we could then have that discussion.
14 Q. Okay. I'm going to take a look again
15 at Exhibit 43 and turn to the second meeting
16 of the hearing panel, November 2nd.
17 A. Mm-hmm.
18 Q. Is it correct it was that meeting at
19 which the panel discussed the case?
20 A. I mean, I -- I don't remember each
21 meeting in such detail but I know that I
22 remember the first meeting we did not have
23 much substantive discussion because we were

31
1 still getting through the material, so it
2 follows that this meeting would have been our
3 primary discussion. (Indicating)
4 Q. Do you recall reading the material in
5 between the first meeting and the second one
6 at which the case was discussed?
7 A. I believe at one point I did review
8 the materials in advance of this meeting
9 because I had not completed it at the last
10 meeting.
11 Q. Do you have any recollection how long
12 in total you might have read the materials?
13 A. I couldn't say.
14 Q. I'll take this back.
15 Is it your understanding that the
16 report and exhibits provided by the
17 investigator contained evidence that the
18 investigator determined was relevant?
19 A. I believe that in the course of the
20 investigation Allyson Kurker's job is to
21 collect the information and bring it all
22 together in a cohesive way for review. I
23 couldn't say whether she makes a determination

32
1 of relevance at that time so I'm going to have
2 to leave it at that.
3 Q. So would it be your understanding
4 that information that was not relevant would
5 be included in the report?
6 A. I don't know how Ms. Kurker would
7 determine relevance so I can't say what she
8 would leave in or out, so I don't know that I
9 can answer that.
10 Q. Was it the panelists' duty to
11 consider all of the evidence that you were
12 provided?
13 A. Yes.
14 Q. And would that include the report and
15 everything else including the responses?
16 A. If it was included in the packet that
17 we were given, yes.
18 Q. Is it the panel's duty to not
19 consider information that is not provided?
20 A. Not consider information that is not
21 provided?
22 Q. I can rephrase if you'd like.
23 A. Could you?
33
1 Q. Yes.
2 A. Thank you.
3 Q. Is it the panelists' duty to assume
4 facts that are not in evidence?
6 THE WITNESS: No.
7 Q. (By Ms. Rossi) And, likewise, the
8 panel should not consider extraneous
9 information, correct?
10 A. Can you define "extraneous" in this
11 question?
12 Q. Not included in the evidence that's
13 provided.
14 A. Correct, yes.
15 Q. Okay. So in this case did the panel
16 consider all the evidence that it was
17 provided?
18 A. Yes.
19 Q. Is the panel supposed to be like a
20 fact-finding jury?
22 THE WITNESS: The panel is
23 supposed to receive the facts that are found,

34
1 as I understand it, and we work almost
2 exclusively based off of those.
3 We are allowed to ask for policy
4 clarifications from the Dean of the College if
5 we have questions but we in no way fact find
6 for the case.
7 Q. (By Ms. Rossi) Did you just say that
8 you don't fact find?
9 A. We do not.
10 Q. Well, how is the panel supposed to
11 determine whether or not there's a violation
12 of the policy without fact-finding?
13 A. Well, as I understand the process,
14 the fact-finding has already been undertaken
15 and is included in the information we get, so
16 any conclusion we draw is from that. We are
17 not going to go out and find additional facts.
18 The only thing we are allowed to do in this
19 case is ask for clarifications on policy
20 language.
21 Q. So in looking at the facts that are
22 presented to you, do you assess their
23 credibility?
35
1 A. I would say that we -- we do have to
2 determine whether we feel the information
3 included has credibility in order to make a
4 decision off of it.
5 Q. So is the panel supposed to find the
6 truth of what happened?
7 A. I think the standard we're given is
8 -- is reasonable doubt the term that -- the 51
9 percent?
10 Q. Preponderance of the evidence?
11 A. Preponderance of the evidence. I'm
12 sorry. I don't want to use the wrong term.
13 We're given the preponderance of
14 evidence standard and we're looking at the
15 information we're given through that lens.
16 And I think when we make the finding, we
17 believe that we have what we feel is the
18 truth, but it is the preponderance of evidence
19 standard.
20 Q. Is it the panelists' responsibility
21 to produce the findings letter that captures
22 the full rationale of the panel?
23 A. Yes.
36
1 Q. And in this case did the panel
2 produce a findings letter that captured the
3 full rationale of the panel?
4 A. I believe we did, yes.
5 Q. Okay. Prior to the hearing did you
6 read the Sexual Misconduct Policy on your own
7 at all to refresh yourself on the policy?
8 A. Prior to the first hearing panel
9 meeting?
10 Q. Yes.
11 A. No, I did not.
12 Q. Were you aware that the materials
13 provided in your trainings were for the
14 College's policy that became effective after
15 Labor Day 2014?
17 THE WITNESS: I believe that
18 we were given information with one policy and
19 then subsequently there was a message that
20 there was a timing issue with when the policy
21 had -- had some language changes, so then we
22 were invited to come back to review everything
23 again under the framework of the new language,

37
1 which we did.
2 Q. (By Ms. Rossi) So are you saying on
3 appeal you became aware?
4 A. I don't know if it was within the
5 appeal but I do recall there was a request to
6 come back and review it again. If by appeal
7 you mean the meetings labeled appeal, I don't
8 confidently know the time.
9 Q. During any of your panel training was
10 the difference between the policy as it had
11 been up to October 2014 compared to afterwards
12 explained to you?
13 A. You're referring to the -- can you
14 clarify which training you mean?
15 Q. Any of the panel trainings?
16 A. In all of the trainings there was no
17 specific conversation about that, although the
18 trainings I believe would have reflected
19 whatever policy was currently active at the
20 time.
21 Q. At any point during the hearing or
22 leading up to the hearing, did anyone ever
23 tell you what the term "effective" in the

38
1 definition of nonconsensual sex means?
2 A. During all of the trainings the
3 definitions of consent are reviewed so I --
4 Q. But the term I'm asking about is the
5 term "effective." Has that ever been defined
6 for you?
8 THE WITNESS: Well, I feel
9 like that would have had to have come up. I
10 can't remember someone sitting down and saying
11 this is what effective consent means so
12 without seeing the specific presentation of
13 it, I couldn't -- couldn't say.
14 Q. (By Ms. Rossi) Okay. After reading
15 all of the documents in this case did you
16 conclude that it was a complicated case?
17 A. Yes, I would say that's accurate.
18 Q. Are there any other adjectives that
19 you can provide us that describe what you
20 thought about it?
21 A. It's -- I'd say challenging would be
22 another one.
23 Q. Okay. At the November 2nd hearing

39
1 did the panel come to its determination
2 regarding the counts against Smith and John?
3 A. Which meeting?
4 Q. The meeting -- this would be the
5 hearing.
6 A. Okay.
7 Q. So reflecting on Exhibit 43, the
8 first meeting was spent reading and then the
9 second one was deliberations, according to the
10 testimony provided by Ninah Pretto and you so
11 far.
12 A. I would say what I can't recall is
13 when I created the spreadsheet, whether it
14 preceded this meeting or was after this
15 meeting; and I think that my guess is that it
16 was preceding. So if that's the case then
17 this would have been the meeting that we
18 reached our conclusions. (Indicating)
20 I'm going to show you that
21 spreadsheet that you just mentioned. It's
22 Exhibit 49 from Ninah Pretto's deposition.
23 A. Mm-hmm.
40
1 Q. So my next question was going to be,
2 did the panel make its recordings on this
3 spreadsheet before that meeting? And as I
4 understand it, that is correct.
5 MR. LAPP: I object to the
7 THE WITNESS: The spreadsheet
8 was my attempt to organize some of the complex
9 pieces of the case. I don't remember exactly
10 when I made it but I also know that it was a
11 shared document that people could view and
12 edit. And so while I think there wouldn't
13 have been a point to creating it prior to --
14 I'm sorry -- following that second meeting, I
15 think this was leading up to that so that we
16 could have the discussion. So I don't have a
17 definitive date for you but I don't see why I
18 would have created it after the second
19 meeting, if that makes sense.
20 Q. (By Ms. Rossi) Thanks. I'll take
21 that back.
22 Now I'm going to show you Exhibit 47
23 from Ms. Pretto's deposition. Can you take a

41
1 look at the paragraph that begins with the
2 word "Consent"?
3 MR. LAPP: Are you going to
4 provide some context for what this document
5 is?
6 MS. ROSSI: This is page four
7 of the investigative report.
8 THE WITNESS: Do you want me
9 to primarily focus on this?
10 MS. ROSSI: Yes, please, that
11 one paragraph.
12 THE WITNESS: Okay.
13 Q. (By Ms. Rossi) When deliberating on
14 the charge of nonconsensual sex, did the panel
15 use this policy in this report as guidance for
16 making its determination?
17 A. There was a point in time where the
18 language changed. Our original deliberations
19 we were given the language -- we were given
20 the language after it had changed but that was
21 not technically in effect when the facts of
22 the case was developing and so is this the
23 later iteration that you're giving me?

42
1 Q. I'm just talking about the hearing
2 phase, the primary adjudication before the
3 appeal. So when you were making your decision
4 up to and including November 2nd, did the
5 panel use this definition as provided in the
6 report? (Indicating)
7 A. I'm not sure I can say definitively
8 because there was a change but I don't know if
9 this was the one that was given to us or not.
10 It was in the packet but.
11 Q. Okay. Did the panel use any other
12 written material defining consent or
13 nonconsensual sex in making its primary
14 adjudication determination?
16 form of that question.
17 THE WITNESS: Are you asking
18 if we considered any other written items that
19 contained policy on them?
20 Q. (By Ms. Rossi) Yes.
21 A. No, just the ones that were provided.
22 Q. Provided by whom?
23 A. By Dean Sandstrom in the packet of

43
1 the information that we were given.
2 Q. So I'm going to show you Exhibit 46
3 from Ninah Pretto's deposition. Do you recall
4 using this policy in making your
5 determination?
7 form of the question. We have some policy
8 language but it's within a larger -- a larger
9 document.
10 MS. ROSSI: Okay. I'll
11 explain.
12 Q. (By Ms. Rossi) This is page five of
13 John's response to the report, which you've
14 said was included in the packet. So my
15 question is -- first take a look at it and
16 then I'll ask you my question.
17 A. Okay.
18 Q. So as this page is titled "Failure To
19 Include Applicable Policies," did you seek any
20 clarification from Dean Sandstrom or anyone
21 else on what the policy in effect at the time
22 would be?
23 A. I remember inviting Dean Sandstrom to

44
1 come back so we could ask questions. I don't
2 know if it was specifically with regard to
3 this or other pieces of the conversation.
4 Q. Okay. And you've stated that you --
5 scratch that.
6 In coming to your determination
7 during the hearing phase of this case, did you
8 use or consider this policy as presented by
9 John in his response?
10 A. I honestly can't say. I don't have
11 enough recollection for me to say.
12 Q. Did you discuss the difference
13 between this policy as provided by John
14 compared to what was provided on page four of
15 the report?
16 A. I think when we were invited back to
17 review based on what was then pointed out as a
18 definitive point where we had to consider the
19 different policy, yes, we did. Prior to that
20 I don't remember if we discussed this specific
21 or not.
22 Q. What was your understanding at the
23 primary adjudication phase of how policies are

45
1 to be applied when a complaint is made after
2 policy may have changed?
3 A. Could you give me that one more time?
4 Q. Sure. Did you understand that the
5 policy the panel should use in determining
6 responsibility to each allegation is the
7 actual policy in place at the time of each
8 event?
9 A. I understood that to be the case from
10 previous cases that I had worked on.
11 Q. I'm going to show you page 33 from
12 Exhibit A to John's response to the report,
13 which we are now going to mark as Exhibit 145.
15 Q. (By Ms. Rossi) Could you take a look
16 at that page?
17 A. The entire page?
18 Q. Focusing primarily at the bottom.
19 A. Description of the Allegations?
20 Q. Yeah. What is in red is the
21 annotated part. If you could just focus on
22 that, please?
23 A. Okay.
46
1 Q. Did the panel discuss this ex post
2 facto rule that you understood from your
3 experience on panels but did the panel as a
4 whole discuss this at all?
6 THE WITNESS: To my
7 understanding there was no specific
8 conversation about it.
9 Q. (By Ms. Rossi) And I'm going to show
10 you page 45 from the same Exhibit A to John's
11 response that we'll mark as 146.
13 Q. (By Ms. Rossi) Okay. And paying
14 attention to the underlined part at the top,
15 please --
16 MR. LAPP: And this is
17 underlining you've added to the document?
18 MS. ROSSI: Yes.
20 Q. (By Ms. Rossi) Did the panel discuss
21 what John wrote here about the wrong policy
22 being presented in the report?
23 A. In that it would have been a part of

47
1 the materials, I imagine it would have been
2 discussed, but I don't remember the specific
3 content of any discussion around it.
4 Q. Did the panel discuss the difference
5 between the current Affirmative Consent Policy
6 and the policy that John provided?
8 THE WITNESS: When the panels
9 are formed and given the packet of
10 information, I think there's an inherent
11 assumption that that conversation has already
12 taken place and we're being given the relevant
13 policy at the -- at the outset and so we
14 didn't necessarily question that --
15 Q. (By Ms. Rossi) Mm-hmm.
16 A. -- until it came back later that it
17 was something that we needed to consider.
19 THE WITNESS: Could we take a
20 break?
21 (Brief recess taken.)
22 Q. (By Ms. Rossi) I'm going to get back
23 to Exhibit 146 briefly and ask in reference to

48
1 how the wrong policy is being -- was presented
2 in the report. So you said you understood
3 that the policy in effect at the time was the
4 policy that you should consider and that you
5 assumed what you were presented in the report
6 was the one that was to be used; is that
7 correct?
8 A. Yes.
9 Q. Okay. So if this is the case, why
10 did the panel consider all these events that
11 occurred prior to the implemenation of the
12 Relationship Abuse Policy as potential
13 violations of the Relationship Abuse Policy
14 when that policy did not go into effect until
15 two years later?
17 THE WITNESS: I think the
18 only thing I can say is that at the outset
19 we're given the policies to use and that are
20 connected to the framework of the case and so
21 that's what we would have been proceeding
22 from, but I don't have the specific
23 recollection of those conversations.

49
1 Q. Okay. I'll take that 146 back.
2 I'm going to show you Exhibit 50 from
3 Ms. Pretto's deposition and this is the
4 investigative report in this case. We're
5 going to turn to page four, please.
6 A. Okay.
7 Q. Okay. At the top of page four can
8 you read the section that says: The 2013 to
9 2014 Student Code of Conduct?
10 A. The College's 2013-2014 Student Code
11 of Conduct applies to the allegations that
12 precede the College's adoption of its
13 Statement of Sexual Assault and Other Sexual
14 Misconduct, which went into effect in October
15 2014.
16 Q. And is it correct that the report
17 does not contain the language of the 2013 to
18 2014 Code of Conduct?
19 A. Could you repeat that one more time?
20 Q. Is it correct that the report does
21 not contain language from the 2013 to 2014
22 Code of Conduct that's referenced in that
23 section you just read?

50
1 A. It appears to be other than the
2 reference to the 2013-2014 Code of Conduct in
3 Section A that it does not, although I -- I
4 assume that there's nothing later on in it as
5 well. Most of the policy information was up
6 front.
7 Q. Okay. And I'm going to take this
8 back and hand you again Exhibit 46 from Ninah
9 Pretto's deposition. And is it correct that
10 John provided the language from the Code of
11 Conduct from that time period in his --
12 A. To clarify, this is a part of the
13 report we were given in a later section?
14 Q. No. This was given to you at the
15 outset with the whole packet.
16 A. That's what I meant.
17 Q. Yes.
18 A. Okay. What I would say is that in
19 the course of the investigation preceding the
20 time we were given the packet, our
21 understanding was this was included and
22 considered as a part of the entire packet and
23 so that when we were presented the policies up

51
1 front, this issue will be reviewed as a part
2 of what we received. But that wouldn't mean
3 that it would be excluded from the documents
4 because, in fairness, we would need to see the
5 exact words that John used.
6 MS. ROSSI: Can you repeat
7 that for me?
8 (Reporter read back, as
9 requested.)
10 THE WITNESS: I think that's
11 pretty close to what I meant.
12 Q. (By Ms. Rossi) So can you clarify to
13 me what you mean by receiving a packet before
14 proceedings or did you say you received
15 information before an investigation?
16 A. No. Sorry. I probably just said
17 that.
18 The only information we receive is at
19 the outset of the first meeting where we come
20 together as a panel. Preceding that meeting
21 there is fact-finding, the work of the
22 investigator and the review of all of those
23 materials to form the packet. So all of that,

52
1 as we understand it, comes together in one
2 packet.
3 Throughout the course of that our
4 assumption would be that the information John
5 Doe provided would be reviewed as a course --
6 in the course through that process and if
7 there were issues with it, we would have been
8 presented that when the hearing panel came
9 together and was given the packet.
10 Q. So it was your understanding that
11 after the report is promulgated by the
12 investigator and the respondent and
13 complainant provide their response to the
14 report, that their responses are then included
15 in the report; is that what you're saying?
16 A. It's my understanding that as the
17 investigation and fact-finding is going on, it
18 is shared with the complainant and the
19 defendant and they are giving responses to
20 what is contained therein. And those
21 responses come as a part of that packet.
22 If this issue that was raised here
23 came up in the course of the investigation, we

53
1 would then assume that if it was an issue, it
2 would be presented to us on the day the panel
3 convened versus not. Does that make sense?
4 Q. Not really because -- sorry.
5 How would a response to the "Failure
6 To Include Applicable Policies" in the report
7 have been discussed through the investigation
8 process?
10 THE WITNESS: If it was
11 brought to someone's attention that there was
12 a policy discrepancy, I would hope in the
13 course of the investigation phase somebody
14 would say, okay, let's review that and, if so,
15 bring it to the attention of the panel or
16 correct it and put it in the information in
17 the front of the packet. And so when I
18 received that, my assumption is that that's
19 already happened.
20 Q. (By Ms. Rossi) Okay. So are you
21 saying that you focus primarily on the report?
22 A. Yes. When I got to this point my
23 assumption -- and I won't speak for the other

54
1 panelists --
2 Q. Mm-hmm.
3 A. -- is that this has been reviewed as
4 a matter of course per the investigative
5 process preceding the hearing panel and we are
6 receiving that information because it was a
7 communication he gave but more as context for
8 the whole, not we have to then go and look at
9 the two policies next to each other and go how
10 do we decide this.
11 Q. Okay. Then returning to the fact
12 that the 2013 to 2014 Student Code of Conduct
13 that applied to the allegations that precede
14 October 2014, how is it that you relied on
15 this that doesn't have a policy applicable for
16 the event that took place in September 2014,
17 that you did not rely on what John provided?
19 We've been through this but.
20 THE WITNESS: I think we were
21 told we had what we needed in terms of
22 policies to be able to go through the case so
23 that's what we used.

55
1 Q. (By Ms. Rossi) Okay.
2 A. I'm not sure I have a better answer
3 on that.
4 Q. So you used this policy right here
5 that occurred after October 2014; is that
6 correct? (Indicating)
8 THE WITNESS: We use the
9 policies that are provided for us as the ones
10 that we should be considering.
11 Q. (By Ms. Rossi) Okay. I'll take that
12 back.
13 Did the panel notice that the Sexual
14 Misconduct Policy provided in the report did
15 not match the policy provided in your training
16 materials?
18 THE WITNESS: I don't recall
19 having a conversation about that.
20 Q. (By Ms. Rossi) At the time of the
21 hearing did the panel believe that consent may
22 not be inferred from silence or passivity?

56
1 THE WITNESS: At the time I
2 think we would have used the provided
3 definitions for consent. How the conversation
4 went around that, I can't recall.
5 Q. (By Ms. Rossi) So at some point --
6 and I think we covered this -- the panel came
7 to a decision that John was responsible for
8 nonconsensual sex, correct?
9 A. I believe that is correct. I don't
10 have a firm recollection of the hearing letter
11 but I want to say if that was a part of it
12 then, yes.
13 Q. Is it correct that the panel applied
14 a policy that is known as an affirmative
15 consent policy?
16 A. I can't answer because I only -- we
17 applied the policies we were given in the
18 packet of information. Whether it's called
19 that, I can't recall.
20 Q. Would you agree with Ninah Pretto's
21 statement that both policies before October
22 2014 and after are affirmative consent
23 policies?
57
1 A. Could you provide the policy
2 themselves to review?
3 I mean, I don't know if she was
4 looking at something while she did that but I
5 don't remember the wording effectively enough
6 to say that I agree or disagree.
7 Q. Okay. We'll leave it that.
8 Did you believe at the adjudication
9 stage that consent must be active, specific,
10 and clearly expressed?
11 A. Which phase of the adjudication
12 phase?
13 Q. Yeah, first phase.
14 A. Active, specific, and?
15 Q. Clearly expressed?
16 A. I don't know if that's the policy
17 language I would have been using. I'd have
18 to -- I'd have to review it. We would look
19 specifically at the language that is used so.
20 Q. Language used where?
21 A. In the policies on -- defining
22 consent.
23 Q. I'm going to show you Exhibit 144

58
1 again, which says in the middle of this slide
2 -- could you read that statement right there?
3 A. Just this one line?
4 Q. Just that one line.
7 THE WITNESS: Requires
8 active, specific, and clearly expressed
9 consent for all sexual activity.
10 Q. (By Ms. Rossi) Okay. So does this
11 refresh your recollection if you used this
12 understanding of consent?
13 A. Was this provided at the refresher
14 presentation that was at the beginning of our
15 specific panel?
16 Q. I believe so.
17 A. Then I think that as long as it
18 aligned with the information in the packet,
19 which typically they would, would be the
20 definition we would -- we would be working
21 with. But, again, if a question came up about
22 it, we would refer back to the packet of
23 information and the policies contained there,

59
1 not this particular selection, if that makes
2 sense.
4 Did the panel make its determination
5 that John violated the Nonconsensual Sex
6 Policy because it believed affirmative consent
7 was not given by Smith?
9 THE WITNESS: We're talking
10 about the first adjudication here?
11 Q. (By Ms. Rossi) Yeah. We're staying
12 -- I'll tell you when we get to the appeal.
13 A. I think in finding that he had
14 violated the policy, we would have concluded
15 that there was not consent.
16 Q. Did the panel understand that Smith
17 had to have done something by word or actions
18 for consent to have been provided to John?
19 A. I think we would have interpreted the
20 policy at that time and come to the conclusion
21 that he had violated it. I don't remember the
22 specific content or sequence of events that
23 would have allowed me to answer that question

60
1 in that way.
2 Q. I'm going to go back to Exhibit 49
3 from Ms. Pretto's deposition. Okay. So can
4 you read under her notes, which is aligned to
5 nonconsensual sexual intercourse?
6 MR. LAPP: All right. So
7 let's identify what page we're on here. So
8 this is page 08829 and you're directing the
9 witness's attention to the last two columns on
10 the right-hand side of the page?
11 MS. ROSSI: The very last
12 column.
13 MR. LAPP: The very last
14 column.
15 THE WITNESS: And you want me
16 to read that specific --
17 Q. (By Ms. Rossi) Yes.
18 A. No affirmative consent given. Beyond
19 alcohol, there was no consent asked or given.
20 New position and roughness indicate this was
21 not typical interaction. Is this also
22 relationship abuse.
23 Q. (By Ms. Rossi) Okay. Does that

61
1 refresh your recollection that the panel
2 understood that Smith had to have done
3 something by words or actions for consent to
4 be provided to John?
5 A. I think what it tells me is that
6 under what we understood to be an affirmative
7 consent act, that in the context of that
8 interaction she had not given it. I don't
9 remember the very specific details of what
10 happened and so to take it out of context off
11 this sheet, I don't know that I can
12 effectively answer that question.
14 I'm going to show you Exhibit 48 from
15 Ms. Pretto's deposition and ask you, are you
16 familiar with this document at all?
17 (Indicating)
18 A. I've never seen this document.
19 Q. No. Okay. I'll take that back.
20 Thank you.
21 Did it concern the panel that Smith
22 described that she did not express that she
23 did not want to have -- be having sex?

62
2 THE WITNESS: Did it concern
3 the panel that Smith did not express that she
4 did not want to have sex?
5 Q. (By Ms. Rossi) Correct.
6 A. I think in that we felt there was a
7 lack of consent, I would say yes, it concerned
8 the panel but I'm again not going to speak for
9 the rest of the panel, only for me.
10 Q. So you want to just make sure that we
11 understand you're speaking for yourself; is
12 that correct?
13 A. Yeah. I think it would be fair for
14 me to say that I don't want to put words in
15 the mouths of the other panelists but I think
16 our outcome is such that it did concern the
17 panel at the time.
18 Q. Did the panel consider that John
19 could infer consent by Smith's silence and
20 passivity?
22 THE WITNESS: There was a lot
23 of conversation around all aspects of the

63
1 case. I don't remember specifically the
2 content of all of it so I can't say.
3 Q. (By Ms. Rossi) Okay. Do you recall
4 that Smith made no allegation that John
5 physically forced or coerced her into bed or
6 into a physical position or anything?
8 THE WITNESS: I don't recall
9 the specifics.
10 Q. (By Ms. Rossi) And do you recall
11 that Smith made no allegation that she had
12 gone to bed unwillingly?
13 A. Again, being over a year and a half
14 ago, I just don't remember the details.
15 Q. Do you recall that Smith said that
16 she did not remember anything except just
17 waking up to having intercourse?
18 A. I do not.
19 Q. I'm going show you Exhibit 58 from
20 Ms. Pretto's deposition. I will ask you, is
21 this the final findings letter that the panel
22 issued in this case?
23 A. I cannot say because it was edited

64
1 collectively by all the panelists and I think
2 for clarity, Marlene Sandstrom, and so whether
3 this is the final version I'm not sure.
4 Q. Mm-hmm.
5 A. If it was the one John Doe received
6 then, yes, but otherwise I can't say.
7 Q. Okay. So the final findings letter
8 that John Doe received, did it capture the
9 deliberations process regarding the charges?
10 A. I believe so.
11 Q. Did it provide the rationale of the
12 panel for its decision?
13 A. I believe so, yes.
14 Q. Is it an accurate representation of
15 the rationale that the panel used?
16 A. We all collectively agreed that it
17 was an accurate representation.
18 Q. Okay. Can you read the passage
19 that's underlined in red, please?
20 A. This is on page two of the exhibit:
21 Susan indicated that the unusual sexual
22 position and roughness were indicators that
23 you did not have consent.

65
1 Q. So is it correct to say that this
2 letter says that the sex was nonconsensual
3 because Smith alleged that there was an
4 unusual sexual position and roughness?
6 THE WITNESS: That is what
7 the letter says.
8 Q. (By Ms. Rossi) Okay. Do you believe
9 it is fair to equate rape with uncomfortable
10 sex and an unusual position?
12 THE WITNESS: I think in a
13 vacuum there are many things that make up
14 nonconsensual sex and lack of consent and so
15 in and of itself to that question, I would
16 have to say you can't definitively call an
17 uncomfortable sexual position rape. But,
18 again, there's context for all of these things
19 and we were viewing it in light of everything
20 that was happening within this case.
21 Q. (By Ms. Rossi) Okay. I will take
22 that back.
23 I'm going to show you -- I'm going to

66
1 go back to the report and go to page 11,
2 please. Can you read the passage that's
3 marked as number one?
4 A. We never just started out from
5 behind. She just felt really uncomfortable --
6 they are quotes around "just felt really
7 uncomfortable" -- because she wasn't
8 lubricated and it hurt, unquote.
9 Q. So relative to the panelists' use of
10 the term "roughness" in the findings letter,
11 is it correct that so-called roughness was the
12 discomfort she said she had based on
13 insufficient lubrication?
16 the roughness also indicated that the way the
17 sexual encounter was initiated was unusual, in
18 addition to the fact that she was
19 uncomfortable and was not lubricated.
20 And I also feel that her inability to
21 extricate herself per her narrative was also a
22 piece that we felt made it a rough encounter.
23 Q. (By Ms. Rossi) Why was she unable to

67
1 extricate herself?
2 A. I think she said she had tried to
3 pull away but was unable to. It's right --
4 the next line on that particular --
5 Q. So why was that not included in the
6 findings letter?
7 A. I think the term -- can I look at the
8 findings letter just to make sure I have the
9 correct language, make sure I'm not...
10 So unusual sexual position and
11 roughness. I think roughness was meant to
12 indicate both the uncomfortableness that she
13 felt in the way that it proceeded and also the
14 fact that he seemed to be preventing her from
15 leaving, so I think it was intended to
16 encompass both those things.
17 Q. Okay. Is it reasonable to say that
18 when it comes to sex in particular, the term
19 roughness has a connotation of violence?
21 THE WITNESS: I would say
22 that roughness to me does not solely indicate
23 violence. I know that there are types of

68
1 sexual activity that are rough by design, as I
2 understand them, and when you have willing
3 participants that's not something we would
4 consider to be I think a problem.
5 Q. (By Ms. Rossi) Did the panel choose
6 to use the term roughness to connote sexual
7 violence?
8 A. I think we used the term roughness to
9 encompass what was described to us. I don't
10 know that we had any specific conversations
11 about what you just mentioned in terms of how
12 it would connote sexual violence but.
13 Q. Can you read the passage that I've
14 underlined on this page 11 of the report at
15 number two?
16 A. John stated that because Susan was on
17 the birth control pill her body often did not
18 self-lubricate and so they used synthetic
19 lubrication.
20 Q. Okay. And this also
21 underlined-in-red passage on page 12?
22 A. Her body sometimes would and
23 sometimes would not self-lubricate.

69
1 Q. Is it reasonable to say that the most
2 simple explanation for her physical discomfort
3 was the issue of being on birth control which
4 was causing her this discomfort?
7 most reasonable conclusion we drew was that
8 her discomfort was from the fact that there
9 was no natural or other kind of lubrication
10 used. She did not intend for that particular
11 encounter to go forward and yet it went
12 forward anyway. And so I think that was what
13 we reasonably concluded from the narratives.
14 Q. (By Ms. Rossi) What evidence is
15 there in this report or in any of the material
16 that demonstrates that she did not intend to
17 have sex?
18 A. Susan tried to pull away from John
19 when he was on top of her but his hands were
20 on her shoulders and she couldn't move from
21 under him.
22 Susan recalls that she did not
23 participate in the sex act that night, meaning

70
1 that she did not kiss him or touch him
2 intimately during it.
3 Q. Okay. But she also recalls just
4 waking up in the middle of having sex; that's
5 all she remembers. So how is it that if she
6 doesn't remember anything but waking up to
7 participating in sex that you could determine
8 that she did not intend to have sex?
10 gross mischaracterization of the record in
11 suggesting that she woke up to participating
12 in sex.
13 MS. ROSSI: That's what she
14 said.
15 THE WITNESS: I think it was
16 our understanding that an individual who was
17 unconscious or otherwise impaired in some way
18 cannot consent. And so the fact that she
19 would have perhaps woken up to having sex
20 indicated that there was no initial consent,
21 and then consent was not given as a matter of
22 course, and so it carried on to an entirely
23 nonconsensual experience. That was our

71
1 interpretation of the facts that are here.
2 (Brief recess taken.)
3 Q. (By Ms. Rossi) Okay. So getting
4 back to the passage that we've just explored
5 marked number one and then the following
6 statements --
7 A. Mm-hmm.
8 Q. -- could you tell me if Smith
9 describes any discomfort or pain from that
10 position that she was in?
11 A. You'd like me to --
12 Q. To what we just --
13 MR. LAPP: You're saying on
14 this page? Is there anything on this page?
15 Q. (By Ms. Rossi) On this page or in
16 particular what we've just read?
17 A. Well, I think that the paragraph as
18 we read it indicated that starting out in that
19 position with the lack of lubrication, she
20 says, quote, just felt really uncomfortable,
21 and combined with the fact that, in the line I
22 read previously, she was attempting to pull
23 away, all of that made us feel that she was

72
1 uncomfortable in that position.
2 Q. Okay. So let's get to what she said
3 specifically. She said she just felt really
4 uncomfortable because she wasn't lubricated
5 and it hurt; and then she goes on to describe
6 the position, but she doesn't say that she
7 felt hurt or pain or any discomfort from the
8 position; is that correct?
11 THE WITNESS: If you look at
12 the context of that sentence as we interpreted
13 it, starting by indicating, "We never just
14 started out from behind," then going on to say
15 she "felt really uncomfortable" because she
16 "was not lubricated and it hurt," indicates to
17 me that it was a combination of the position,
18 the atypical way beginning in that position,
19 and the lack of lubrication that combined to
20 hurt.
21 Q. (By Ms. Rossi) So that was I believe
22 her second interview or -- no, sorry, that was
23 -- her second interview.

73
1 Okay. So at the start of her second
2 interview she said -- could you read this
3 whole paragraph here, number one?
4 MR. LAPP: Now we're on page
5 10 of the exhibit.
6 MS. ROSSI: Yes, page 10.
7 THE WITNESS: Susan does not
8 remember walking up the stairs to return to
9 her room or removing her clothes to have sex.
10 She just remembers lying on her stomach
11 diagonally across the two beds that they had
12 moved together. John was on top of her and
13 she felt confused about why they were having
14 sex.
15 Q. (By Ms. Rossi) Okay. So doesn't
16 this passage indicate that she stated within
17 the same interview something very different
18 than stating that they didn't just start out
19 from behind, she's actually stating that she
20 woke up in the middle of having intercourse;
21 is that correct?

74
1 THE WITNESS: What it
2 indicates to me in the context of this is that
3 she was likely impaired in some way and so in
4 addition to perhaps there being some
5 continuity issues that may be involved, that
6 she also could not have consented to have sex
7 at that point. And so I see that as the
8 preceding to what we just read, that she was
9 unable to give consent initially and then
10 waking up in the middle or at perhaps at the
11 outset she was then uncomfortable and in pain.
12 Q. (By Ms. Rossi) Okay. And as far as
13 the discomfort that she describes because she
14 was not lubricated, that -- the problem of
15 insufficient lubrication could be due -- could
16 be irrelevant to the issue of consent; is that
17 correct?
19 THE WITNESS: I guess it
20 could but as John later states in that he was
21 aware that her body did not often lubricate
22 itself, they typically used synthetic
23 lubricant, and in that case if he did not it

75
1 would lead me to believe that there was a
2 component to the nonconsent that was connected
3 to the lubrication or to the lack thereof.
4 Q. (By Ms. Rossi) Okay. Did you assume
5 that Smith and John's sex life was routine and
6 conducted in the very same manner every time
7 they had sex?
9 THE WITNESS: We only had
10 their statements about what their sex life was
11 like typically versus non and so that's what
12 we used to kind of put a framework to what --
13 what we were doing.
14 Q. (By Ms. Rossi) And in regard to this
15 rear entry position, is it correct that the
16 report did not state that Smith claimed they
17 never used that position?
18 A. I believe Smith claimed they never
19 started out in that position.
20 Q. Right. So does that mean that they
21 could have used that position during sex, just
22 not having started out that way?
23 A. I believe that's what they implies,

76
1 yes.
2 Q. Okay. I'm going to take that back
3 and go back to this spreadsheet.
4 So we read this passage before on
5 page two regarding the nonconsensual sex
6 account and in Ninah Pretto's column, can you
7 take a look there at what is underlined and
8 read it for us, please?
9 A. An act was performed to initiate sex
10 which was out of the norm for the couple.
11 Q. Okay. And what act was that?
12 A. So, I mean, this is Ninah Pretto's
13 column obviously, so she would have written
14 that. I believe it refers to the act of
15 starting -- starting a sexual encounter from
16 behind, which was atypical from Susan's
17 perspective and, hence, out of the norm for
18 the couple.
19 Q. Why did you note in your column that
20 intoxication negates consent?
21 A. As I understood consent, an
22 individual who is impaired by alcohol or
23 otherwise is unable to give consent.

77
1 Q. Is that your understanding of the
2 policy?
3 A. I believe at the time that's how I
4 understood it.
5 Q. Okay. I'm going to show you Exhibit
6 46 from Ninah Pretto's deposition again and
7 under -- in the section about impairment, can
8 you read the bolded section?
9 A. Unless an individual is substantially
10 physically or mentally impaired, consent while
11 under the influence of alcohol or drugs is
12 valid consent.
13 Q. So it's qualified, is that correct,
14 with the substantial adjective?
15 A. "Substantially."
16 Q. Yes.
17 A. Yes, it is.
18 Q. So intoxication negates consent is
19 your understanding of the policy; isn't that
20 different from what the policy says?
21 A. I'm not clear because right above
22 that it says: An individual is unable to give
23 consent if he or she is substantially

78
1 physically or mentally impaired by alcohol or
2 drugs. So I'm not clear on why that
3 contradiction is in there, if it is.
4 Q. What contradiction -- contradiction
5 between your understanding and what it says
6 here?
9 THE WITNESS: Within the
10 document itself, it appears contradictory.
11 Up above it says unable to consent if
12 they are substantially physically or mentally
13 impaired by alcohol or drugs. However, in the
14 bolded section it appears to say consent while
15 under the influence of alcohol or drugs is
16 valid consent. So I'm unclear on which --
17 Q. (By Ms. Rossi) Unless an individual
18 is substantially physically or mentally
19 impaired?
20 A. Yeah. So, okay, I guess if you read
21 it in that way, they are saying the same thing
22 but they're focussing on the substantially
23 part.
79
1 Q. So is it your belief that she was
2 substantially impaired to the point where she
3 could not consent?
4 A. I believe, yes, that's how we felt
5 because of her inability to remember things
6 clearly and have no recollection of how she
7 got into the situation where she was having
8 sex.
9 Q. Why isn't that in the findings
10 letter?
11 A. Can I see the findings letter?
12 Q. Sure.
13 A. I think had we -- had we added that
14 particular component to it, it would have only
15 enhanced the idea that he did not have
16 consent. I don't think it would have
17 fundamentally changed it per what we were
18 looking at. I don't have a recollection of
19 why it did or did not make the letter but in
20 that even when she became aware of having sex
21 she did not want to participate per the way we
22 understood it, consent was lost. And so I
23 think that would have just showed that there

80
1 was no consent preceding that point in time.
2 Q. Okay. It was your testimony earlier
3 that the findings letter is the complete
4 rationale of the decision-making process of
5 the panel. Is that still your testimony?
6 MR. LAPP: I object to the --
7 Q. (By Ms. Rossi) Or would you like to
8 change it?
12 finding is -- it's a collectively edited
13 document that the three panelists put together
14 with the help of the Dean of the College and
15 so is it possible there are -- there's human
16 error involved in parts of it, yes. But I
17 still think that this effectively represents
18 what the panel felt was the outcome.
20 this back. I'll take them all back.
21 Q. (By Ms. Rossi) I'm going to go back
22 to the report and at page 13 -- can you turn
23 to page 13, please, and look at number one and

81
1 read that for us?
2 A. I have it starting at two. Oh, I'm
3 sorry. Over here? (Indicating)
4 Q. Yes, number one in red.
5 A. Ava asked Susan whether John had ever
6 abused her physically or engaged in
7 nonconsensual sex with her.
8 Susan replied, No, he's never done
9 that. He doesn't do that.
10 Is that the right one?
11 Q. Yes. And can you read number two
12 above it?
13 A. Sometime last year.
14 Q. All of that.
15 A. Oh.
16 Q. All that's in red at number two. Oh,
17 sometime -- I wasn't looking. Sometime last
18 year, yes.
19 So does that refer to sometime in the
20 2014 to 2015 academic year?
21 MR. LAPP: If you know.
22 Q. (By Ms. Rossi) If you know, exactly.
23 A. I'm not -- I'm not honestly sure.

82
1 Q. So the report being written in fall
2 of 2016 and it's referring to sometime last
3 year, so is it reasonable to say it was
4 sometime in the 2014 to 2015 academic year?
7 THE WITNESS: I guess from a
8 calendar perspective, that could be true. You
9 know, again, there are a lot of conflicting
10 and difficult-to-match-up timelines within
11 this document so.
12 Q. (By Ms. Rossi) Okay. Can you read
13 number three in green, please?
14 A. However, in May 2016, while Susan and
15 Ava were spending time in Susan's apartment,
16 she told Ava that the night that she and John
17 moved in together in August 2014, they had
18 intercourse even though she was really tired
19 and not in the mood and didn't want to, in
20 quotes, have sex.
21 Q. Okay. So did it concern the panel
22 that this new and contradictory statement was
23 made in May 2016 just as the interviews had

83
1 commenced?
4 THE WITNESS: I can't say I
5 remember the specifics of the conversations,
6 as I have mentioned, but I think we would have
7 reviewed everything in the course of our
8 conversations.
9 Q. (By Ms. Rossi) So do you recall
10 discussing the contradiction between these
11 statements?
12 A. No, I do not.
15 Q. (By Ms. Rossi) Can you read page,
16 I'm sorry, that page, number four and five?
17 A. Susan told Elanie Wilson about this
18 incident in June and July 2016.
19 And five: Susan told Elanie that on
20 one occasion when she had been intoxicated and
21 asleep, she awoke to John having sex with her.
22 Q. Okay. So is it correct that that
23 statement is consistent with the other

84
1 statement that is reported to have been made
2 in her second interview, that she just woke to
3 having sex --
4 MR. LAPP: I object.
5 Q. (By Ms. Rossi) -- and this is what
6 she reported to Elanie?
8 THE WITNESS: If they are, in
9 fact, referring to the same incident, they
10 sound similar.
11 Q. (By Ms. Rossi) Okay. Can you read
12 number six, please?
13 A. During the spring of 2015 Susan told
14 Eman that John had, quote, forced himself on
15 her, end quote, when she didn't want to engage
16 in sexual activity with him.
17 Q. Okay. Did Smith report any facts to
18 the investigator that John had forced himself
19 on her to initiate the sex?
21 Q. (By Ms. Rossi) It's all one count.
22 There's only one count of nonconsensual sex.
23 This is all about that one Labor Day 2014

85
1 incident.
4 THE WITNESS: I would refer
5 back to number one on page 11. If you'd like
6 me to read it, I will. I think that to us
7 implied that she was referring to an event of
8 nonconsensual sex per her own words.
9 Q. (By Ms. Rossi) Okay. Did the panel
10 ignore the contradictions between her
11 statements to Ava, Elanie, Eman, and to the
12 reporter -- I'm sorry -- the investigator?
14 THE WITNESS: The panel did
15 not ignore anything but we are asked to assess
16 the entire document and series of facts and
17 try to draw conclusions from them.
18 Q. (By Ms. Rossi) Did it concern the
19 panel that Smith had no cohesive story
20 regarding the alleged Labor Day incident?
21 MR. LAPP: Objection. It
22 misrepresents the evidence and it's
23 argumentative.
86
1 Q. (By Ms. Rossi) It's okay, you can
2 answer it.
3 A. I think in any of the cases that I
4 have worked on of this kind, there can be
5 inconsistencies in recollection and there can
6 be interpretations that are made by people who
7 aren't directly connected to the event, and so
8 I think that we look at the whole of the
9 evidence and try to draw conclusions and there
10 are always some inconsistencies in there but
11 we are aiming for the preponderance of
12 evidence standard, which tells us that if we
13 feel it's more likely than not, we -- we find.
14 Q. But you were trained to look for
15 consistency in accuser statements?
16 A. No. I think we were trained to
17 consider all the evidence and indicate which
18 way we felt the preponderance pointed.
19 Q. Were you trained to assess the
20 credibility of the accuser's statements?
21 A. In the sense that you do have to make
22 assessments about the content and what parts
23 you find to be more credible than others, I

87
1 would have to answer yes, although there is
2 not a specific training component that talks
3 about finding credibility.
4 Q. Did you believe -- let me rephrase.
5 Did the panel conclude that Smith was
6 credible?
7 A. Can you clarify credibility in
8 general, specifically in the instance of
9 her --
10 Q. In the specific instance regarding
11 nonconsensual sex.
12 A. We did believe she was credible, yes.
13 Q. Did you believe that she had a
14 credibility problem, speaking more generally?
15 A. Because of the complexity of the
16 case, the extended period of time it went on,
17 the change in Smith's status, there were
18 elements of this case that we felt ultimately
19 didn't -- didn't warrant a consideration by
20 the committee and in the spreadsheet itself
21 you can see there were many allegations or
22 assertions of relationship abuse on both sides
23 that I think we ultimately felt were not going

88
1 to be considered. And so I think that there
2 were parts of what were brought forward we
3 felt were not as credible but in the elements
4 we found on and wrote in the letter, we felt
5 the credibility was sound.
6 Q. Are you aware that in sex assault
7 investigations that credibility of the accuser
8 who is making a claim that sex assault took
9 place at a significant time previously is
10 dependent on who they spoke to immediately
11 after the event and whether or not their
12 statements are consistent?
14 THE WITNESS: I don't
15 understand the question. Could you rephrase?
16 Q. (By Ms. Rossi) Are you aware that in
17 -- at least in the criminal law field, sex
18 assault investigations of claims of events
19 that happen significantly before the claim is
20 made, in those investigations that the
21 credibility of the accuser is dependent on who
22 they spoke to immediately after the event and
23 whether or not subsequent statements are

89
1 consistent?
4 THE WITNESS: No, I was not
5 aware of that. And our training is solely
6 based on the College's process and policies.
7 Q. (By Ms. Rossi) Do you think someone
8 is being honest when the person not only tells
9 one thing to one person and another thing to
10 another person but tells different things to
11 different people?
13 THE WITNESS: As a
14 hypothetical, I guess you could classify that
15 as less than honest. I'm not clear on the
16 context within the case so I can't speak to
17 anything there.
18 Q. (By Ms. Rossi) Would you agree that
19 statements to one person that contradicts
20 statements to another person lacks
21 credibility?
23 Let me also say, it's 11:20.

90
1 MS. ROSSI: Okay. We're
2 getting there.
3 MR. LAPP: Let me just say
4 this. It's 11:20. We have three depositions
5 to finish today and if you want to use your
6 time with this witness asking abstract,
7 hypothetical --
8 MS. ROSSI: We can move on.
9 MR. LAPP: -- compound
10 questions --
11 MS. ROSSI: No, we can move
12 on. I understand. I didn't see the time.
13 MR. LAPP: All right. Thank
14 you.
15 THE WITNESS: Do I have to
16 answer the last one?
17 MS. ROSSI: No.
18 MR. LAPP: No. She's
19 withdrawn that.
20 Q. (By Ms. Rossi) Did you feel enormous
21 sympathy for Smith?
22 A. I actually felt sympathy for both of
23 the individuals who I think were in a not good

91
1 relationship from my perspective. And so
2 while I'm always sympathetic in general, I
3 didn't have a stronger sympathy for Smith
4 versus Doe.
5 Q. Did you believe that the charge of
6 nonconsensual sex carries a high level of
7 moral opprobium?
9 THE WITNESS: I don't know
10 what "opprobium" means.
11 Q. (By Ms. Rossi) It's like the worse
12 shame.
13 A. Oh.
16 THE WITNESS: Can you read
17 the whole thing one more time just -- now that
18 I know the wording?
19 Q. (By Ms. Rossi) Do you believe that
20 the charge of nonconsensual sex carries a high
21 level of moral opprobrium?
23 THE WITNESS: For the person

92
1 who has perpetrated it or?
2 Q. (By Ms. Rossi) That's a good
3 question. I would -- well, for these purposes
4 for the accused.
5 A. I would hope so if you are, in fact,
6 found responsible of it.
7 Q. What about the allegation alone?
9 You're asking him whether he thinks
10 that this respondent felt a high degree of
11 moral opprobrium, right?
12 MS. ROSSI: No. I am asking
13 him if he believes that just the allegation of
14 alone of nonconsensual sex carries a high
15 level of moral opprobium.
18 understand the process here, we have taken
19 great care to keep as much of this highly
20 confidential and so that opprobrium would only
21 come from I think making public what's
22 happening prior to the conclusion of the
23 process. And so, no, I don't think in

93
1 Williams' specific cases that that is -- is
2 the case.
3 Q. (By Ms. Rossi) Would you agree with
4 Ninah Pretto's statement that the panel didn't
5 separate one piece or another, it reviewed the
6 evidence in totality?
7 A. Yes. Yes, I would agree with that.
8 Q. And then is it correct that the panel
9 didn't take a discerning look at the evidence?
11 THE WITNESS: I'm not clear
12 on what you mean by "discerning," but the
13 panel reviewed all the evidence that was
14 presented to us and then rendered findings
15 based upon it. So I'm not sure how much more
16 you could discern in terms of doing that --
17 that process.
18 Q. (By Ms. Rossi) From Ninah Pretto's
19 deposition it appeared that the panel looked
20 at the whole picture. In fact, she gestured
21 with her hands when she said that it reviewed
22 the case in its totality. So would you agree
23 that the panel -- and let's just get to the

94
1 nonconsensual sex charge alone -- that it
2 reviewed it as a picture? (Indicating)
4 THE WITNESS: If you're
5 asking if everything in the case was part of
6 the context of our review, yes. If you're
7 asking if we found responsibility on the
8 nonconsensual sex due to some of the other
9 component pieces that were embedded, say the
10 relationship abuse pieces, I would have to say
11 no, because we were looking very clearly at
12 the pieces of the narrative and evidence that
13 were related to that specific incident to draw
14 that conclusion.
15 Am I answering your question?
16 MR. LAPP: Yes.
18 Q. (By Ms. Rossi) Getting to the
19 nonconsensual sex specifically, now, as you've
20 said, the report and the statements that have
21 been made in the report leave a lot of gaps
22 that seem to have been filled in by the panel.
23 A. I don't think I said that.

95
1 MR. LAPP: That is a complete
2 mischaracterization of his testimony.
3 MS. ROSSI: It's okay.
4 That's not a valid objection.
5 Mischaracterization of the testimony is not a
6 valid objection.
7 MR. LAPP: I'm saying it
8 anyway.
9 MS. ROSSI: Okay.
10 MR. LAPP: You completely --
11 you've just made a statement about what he
12 testified that he did not testify to.
13 Q. (By Ms. Rossi) She has -- well, we
14 have explored the contradictions in her
15 statements and they seem to have been
16 dismissed due to this intoxication issue and
17 the lack of information that explains what act
18 was performed allegedly to initiate sex.
19 Would you say that you completed the picture
20 as a panel?
22 form of that question.
23 THE WITNESS: In that I think

96
1 I've stated I don't remember all the nuances
2 and details of this, having been so long since
3 we actually had these conversations, I feel
4 comfortable with the conclusions the panel
5 drew from the evidence that was there. And I
6 don't want to indicate it in the way you
7 described it that I feel there are gaps in our
8 conclusions and logic. I think we had the
9 information we had at the time and drew the
10 conclusions to the best of our ability, and I
11 don't want to go back and try to recreate the
12 narratives that led us to where we -- we
13 landed.
14 Q. (By Ms. Rossi) Okay. Would you say
15 that the report paints a compelling narrative
16 that nonconsensual sex took place?
18 THE WITNESS: I would like to
19 say that the report is -- characterized what
20 went on and is not trying to paint a
21 narrative. But I think when you read it and
22 draw conclusions from it, one of the
23 conclusions we drew was that nonconsensual sex

97
1 took place.
2 Q. (By Ms. Rossi) I'm going to show you
3 Exhibit 51.
4 MR. LAPP: And this is what?
5 MS. ROSSI: Page 44 from
6 Exhibit A to John's response to the report.
7 Q. (By Ms. Rossi) And if you could --
8 you don't have to read it aloud but just pay
9 attention and review the green underlined
10 section, please.
11 A. Okay.
12 Q. Okay. So the report indicates that
13 Smith did not think that she ever had
14 nonconsensual sex with John until much later
15 in the relationship after it deteriorated. Do
16 you remember that?
18 THE WITNESS: I do not.
19 Q. (By Ms. Rossi) Okay. And John
20 explored in his response here that one's
21 recollection of events get clouded by emotion
22 over time; is that correct?
23 MR. LAPP: You're asking him

98
1 what John wrote here --
2 MS. ROSSI: Yes.
3 MR. LAPP: -- or actually
4 what you wrote on John's behalf, right?
5 MS. ROSSI: John and I wrote,
6 yes.
7 MR. LAPP: Okay.
8 THE WITNESS: That's what
9 this passage indicates.
10 Q. (By Ms. Rossi) Okay. Did the panel
11 discuss this?
12 A. I think, as I said, we reviewed
13 everything and so it may have been come up in
14 the course of discussions, but I don't
15 remember if we specifically had a conversation
16 on these underlined areas.
18 Do you recall talking about trauma?
19 It was mentioned earlier; do you recall that?
21 Talking about trauma where and when?
22 MS. ROSSI: It's been
23 mentioned.
99
1 Q. (By Ms. Rossi) Do you remember it
2 coming up?
3 A. In the course of our deposition?
4 Q. Yes.
5 A. I believe I mentioned it earlier,
6 yes.
7 Q. What evidence was in the report that
8 indicated Smith was traumatized?
10 THE WITNESS: I think -- my
11 understanding from the trainings we have
12 received is that when there is trauma it can
13 affect an individual's ability to recall
14 information and to sequence narratives in a
15 linear way.
16 I think what I would say is, in that
17 we found for nonconsensual sex, which is a
18 form of trauma, that's where we would see
19 Susan having trauma in this particular case.
20 And all of her recollections would have been
21 post trauma.
22 Q. (By Ms. Rossi) Okay. I'm going to
23 show you page 47 of the PowerPoint

100
1 presentation that we've marked as 142, which
2 has different feelings, behaviors, and
3 thoughts that are associated with sexual
4 violence. Are there any feelings, behaviors,
5 or thoughts that you recall Smith suffered
6 from?
9 THE WITNESS: I mean, I never
10 had any direct conversations with Susan Smith
11 about the impact of this on her so I'm not
12 sure what you're asking me. Are you asking me
13 if I feel like she would have had these
14 impacts?
15 Q. (By Ms. Rossi) I'm asking what
16 evidence there might be that shows that Smith
17 was traumatized?
20 THE WITNESS: I would --
21 without going back and reading the whole
22 report, I can't answer that question.
23 Q. (By Ms. Rossi) Would it surprise you

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1 that there's none?
3 THE WITNESS: Again, I did
4 not read the report recently so I can't really
5 answer that.
7 this back.
8 Q. (By Ms. Rossi) Do you recall that
9 Smith had waited a considerable period of time
10 before reporting the alleged misconduct?
11 A. I do not.
12 Q. Well, this case took place in 2016
13 and this event was Labor Day 2014; would you
14 say that's a considerable amount of time?
16 THE WITNESS: I think it
17 depends on your definition of considerable but
18 also I don't know at what point the reporting
19 took place prior to me receiving the report,
20 so I don't know that I can answer that.
22 panel that two years had passed since the
23 event occurred?
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3 some of the time had elapsed because of the
4 need to do a thorough investigation. And so I
5 think that while the timing of when things are
6 reported varies by the person doing the
7 reporting, the fact that it took so long to
8 bring the report documents together is a good
9 indicator of the thoroughness, that and the
10 relative density of the packet.
11 Q. (By Ms. Rossi) Do you think that
12 living with someone and engaging in a year and
13 a half relationship after someone has been
14 traumatically raped by that person makes any
15 sense?
18 that I'm qualified to espouse on what makes
19 sense for people. I know people don't always
20 make logical choices.
22 Smith made the claim of nonconsensual sex
23 after describing to the investigator lengthy

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1 details of 14 other counts of alleged
2 coercion, abuse, and other allegations?
3 A. I don't really remember the timing of
4 when the complaints happened and came in.
5 Q. Okay. And do you recall she made
6 these other allegations of being forced and
7 coerced to do things but the panel found that
8 John had not violated the College policies on
9 all these claims?
10 A. It's not atypical for panels to look
11 at a spectrum of potential violations and
12 conclude that some are valid and some are not,
13 so in that it does not surprise me that some
14 were not considered for violations of the
15 policy.
16 Q. Well, do you recall that none were?
17 A. I believe you if you tell me that
18 none were.
19 Q. Okay. Smith never stated that John
20 had threatened, intimidated, coerced,
21 assaulted, or done anything to her physically
22 that night that would lend itself to the use
23 of the term forced, correct?

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2 THE WITNESS: I would have to
3 see the -- what you're reading.
4 Q. (By Ms. Rossi) Okay. And Smith made
5 no statements to Ms. Kurker about John using
6 his physical strength to get her into bed, to
7 take off her clothes, to commence intercourse,
8 or any facts like that, correct?
10 THE WITNESS: The same, I
11 would have to see the report.
12 Q. (By Ms. Rossi) Okay. Did it concern
13 the panel that this decision requires the
14 application of a policy that prohibits implied
15 consent from being inferred from silence?
17 THE WITNESS: Maybe give that
18 to me again. Did it concern the panel?
19 MS. ROSSI: It's okay. We
20 can move on.
23 panel that the finding ignores the fact that

105
1 the applicable policy at the time states that
2 a verbal no or resistance constitutes the lack
3 of consent?
4 MR. LAPP: I object.
5 You're asking him just to consider
6 that one sentence in isolation?
7 MS. ROSSI: That's what
8 constitutes the lack of consent in the policy
9 applicable at the time: A verbal no, no
10 matter how indecisive, or resistance, no
11 matter how passive, constitutes the lack of
12 consent.
13 MR. LAPP: I object. It
14 mischaracterizes the record.
16 had stated previously, when we were given the
17 packet of information it was our assumption
18 that all the relevant policy information had
19 been provided and we interpreted that to the
20 best of our ability as we had been trained to
21 do. And so if you're asking me at the time
22 did I have concerns, no. When it was brought
23 back to our attention that there was a policy

106
1 revision that needed to be considered, I was
2 obviously concerned and we came back together
3 to review that and reaffirmed our original
4 findings, but I felt that the process for
5 doing so was sound and fair.
6 Q. (By Ms. Rossi) Okay. How could the
7 panel trust Smith's recollection so far
8 back -- so far after the fact, especially
9 after so many hard feelings had developed?
11 THE WITNESS: You know, I
12 think it's unfair to apply that standard to
13 one side. I think every -- time had passed
14 for everyone and so if one person's
15 recollections were suspect then everyone's
16 were. And I think we have to take that
17 information that we have and assess it as the
18 truest version of what people recall.
20 Smith had said that John was playing around
21 one day and jostled her by the arms?
22 A. I do not.
23 Q. Okay. Do you recall Smith -- Smith's

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1 account of the night, December 6th, when she
2 slapped John; do you recall any details about
3 that?
4 A. I do recall that there was an
5 accounting of when she did slap him but I
6 don't recall any details of it.
7 Q. Okay. Do you recall that Smith had
8 cried hysterically to the Honor Code Committee
9 saying she was scared for her life and had to
10 be escorted out of the room?
11 A. I do not.
12 Q. Do you recall Stephen Klass saying
13 that as Smith's claims escalate in number they
14 escalate in severity of descriptions?
15 A. In the course of a conversation?
16 Q. It's on the spreadsheet.
17 A. Oh. Then, no, I don't recall. I
18 just wasn't sure of the context.
19 Q. So do you recall this theme that in
20 making her allegations she would embellish
21 upon and increase the gravity of the
22 descriptions of events?

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2 that anybody -- I ever identified that as a
3 theme.
5 A. Again, we were just looking at what
6 was presented to us.
7 Q. So Ninah Pretto said that she found a
8 credibility issue in Smith and, in fact,
9 stated on the spreadsheet that she -- and I'm
10 paraphrasing -- there's many inconsistencies
11 in her statements.
12 Why was that important for all the
13 other allegations that were made but didn't
14 seem to play a role in the nonconsensual sex
15 charge deliberation?
17 THE WITNESS: Not having the
18 specifics in front of me, it's very hard to
19 say. But I can say that there are
20 inconsistencies in all statements if you look
21 across the document and part of the role of
22 the panelists is to try to find the
23 preponderance of evidence and decide what are

109
1 inconsistencies and what are not.
2 Q. (By Ms. Rossi) So did you -- I'll
3 take that back.
4 Were you ever given some form of
5 instruction, implicit or explicit, to find
6 John responsible for violating the Code of
7 Conduct?
8 A. No.
9 Q. I might have asked you this but
10 forgive me if I ask again. Did you notice a
11 credibility problem in Smith?
12 A. I'm trying to remember what I said
13 the last time.
14 I think it would be misleading to say
15 I found a credibility issue with Ms. Smith. I
16 think that because this was such a complex
17 case and this was a relationship that evolved
18 over a long period of time, I felt that there
19 were many aspects of both Smith and Doe that
20 were not as credible and the credible pieces
21 are the ones we made findings on and put in
22 the letter.
23 Q. Did it concern the panel that Smith

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1 never complained to anyone, there's no report
2 that she made any complaints to any of her
3 friends until months, if not, years later?
5 Q. (By Ms. Rossi) About the
6 nonconsensual sex?
7 A. It would have been a part of the
8 deliberation but I wouldn't classify it as a
9 concern.
10 Q. Okay. Did it concern the panel that
11 Smith, who was an employee at the time, was
12 talking to students and alumni during the
13 investigation and then produced these
14 individuals as her so-called witnesses?
16 THE WITNESS: I think one of
17 the more complicating aspects of this case was
18 that Smith transitioned from being a student
19 to an employee and the relationship continued,
20 but I think we had that information and were
21 given context about how the panel would be
22 looking at the case as a whole and so I think
23 it didn't make the witnesses less of a witness

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1 simply for the fact that she was an employee.
2 Q. (By Ms. Rossi) Did you discuss the
3 possibility that Smith grooms these witnesses
4 to support her stories?
5 A. We did not.
6 Q. Did it occur to the panel that
7 Smith's complaints was an act of vengeance?
10 panel felt that -- here I am speaking for the
11 panel when I said I wouldn't -- but I think
12 there were aspects of the information provided
13 to us that felt like people in a relationship
14 that was not going well and may have had
15 components of wanting to get back at another
16 person. But -- and I want to say this very
17 clearly -- the parts that we had findings on
18 we felt were highly credible under the
19 preponderance of evidence, which is why they
20 were included and the other components were
21 not.
23 panel that there was a pattern of Smith

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1 putting John's needs and interests first,
2 wishing he would mind-read without
3 communicating her own desires, and regretting
4 the outcome and blaming him?
6 THE WITNESS: I don't
7 remember that level of detail so I can't
8 really say if we had a conversation about it.
9 Q. (By Ms. Rossi) I'm going to turn to
10 page two in the spreadsheet that's in Exhibit
11 49 in Ms. Pretto's deposition. Could you look
12 at what's underlined in black and read it,
13 please?
14 A. Based on the pattern of their
15 relationship it doesn't seem unlikely that --
16 it says "D" but I will say Smith -- offered to
17 take the blame in order to protect Doe.
18 Q. Okay. Does that refresh your
19 recollection about this pattern that Ninah
20 Pretto wrote about?
22 THE WITNESS: She may have
23 inferred a pattern but I don't have a

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1 recollection of a pattern.
2 Q. (By Ms. Rossi) Okay. Why were none
3 of the arguments that John made in his
4 responses addressed in the final findings
5 letter?
6 A. The goal of the final findings letter
7 is to give what is hopefully an accurate but
8 condensed response about the panel's
9 deliberations and findings. It would be
10 unwieldy to try to include every single
11 component of what we deliberated on in the
12 letter and so I think that some things have to
13 be left out for economy or because we didn't
14 think they would substantively enhance the
15 points we were trying to make.
16 Q. Okay. I'm going to turn to Exhibit
17 142, pages 74 and 75, Reaching a Finding of
18 Sexual Misconduct. Did you -- did the panel
19 ask all these questions from these slides?
20 A. If you're asking did the panel
21 literally take this list of questions and go
22 through them, no. But were these -- these the
23 things we were assessing throughout the

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1 narrative and the document and the other
2 pieces to try to reach our findings, yes.
3 Q. So, now, Smith stated that she never
4 expressed to John that she did not want to be
5 having sex. That is clearly in the report.
6 Please take my word for it. Would a
7 reasonable person understand her reaction to
8 continue having sex?
11 Q. (By Ms. Rossi) Does that comport
12 with each other, that she did not express to
13 -- she did not express that she did not want
14 to be having sex but she continued having sex
15 with no objection?
16 MR. LAPP: Objection. It
17 completely misrepresents the record.
18 THE WITNESS: I think that if
19 you read the parts of the report that we read
20 as we understood consent at the time, and
21 understanding the way she described it, which
22 we felt was credible, we didn't feel there was
23 consent. And I think in that -- in that John

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1 Doe was behaving in a way that was atypical to
2 what was the norm, it would have been I think
3 reasonable for him to understand that he did
4 not have consent at that time. This is a very
5 --
6 Q. (By Ms. Rossi) How would he
7 understand? I don't -- I don't understand.
8 A. Well, I'm not sure -- maybe I don't
9 understand the question.
10 Q. Okay.
11 A. I think you're -- you're asking me
12 whether the verbal nature is the only thing
13 that matters in consent and per our training
14 and what I understand, it is not.
15 Q. Okay.
16 A. So a reasonable person would have to
17 understand that they didn't have consent per
18 the policies that existed.
19 Q. Okay. And how would that be, given
20 the position they were? I mean, just think
21 about the physics of it. How would that be?

116
1 THE WITNESS: I don't think
2 it solely relies on one person to indicate
3 consent. And so if she was, in fact,
4 intoxicated in any way, if she didn't have
5 memory, if she woke up during, I think that
6 should have been an indicator to John Doe that
7 his actions may have needed to be
8 reconsidered. And in that they were not, we
9 felt that there was no consent.
10 I can only offer you what we
11 interpreted to be the Consent Policy to be at
12 the time and so, you know, I don't really know
13 that I can better answer that question without
14 rereading the entirety of the documents.
15 Q. (By Ms. Rossi) Okay. So according
16 to the report and the way it was written there
17 was one point at which she tried to move away
18 and couldn't in this particular rear entry
19 position. Was there anything else that you
20 remember, any conduct on her part that
21 indicates that she was not consenting?
23 THE WITNESS: I think, again,

117
1 I would be happy to reread those sections but
2 I don't -- I don't know that I can say
3 definitively that I have the answer to that.
4 Q. (By Ms. Rossi) You stated earlier
5 that you're not trained to consider the
6 accuser's feelings. Could you take a look at
7 bullet point -- the first bullet point on Page
8 75 and read that, please?
9 A. This here? (Indicating)
10 Q. Yes, please.
11 A. Did the complainant feel able to stop
12 the respondent's behavior or leave the room
13 and seek help? If not, what was preventing
14 this?
15 Q. And the third one here?
16 A. How did they describe their feelings
17 and why they didn't leave or stop the
18 behavior?
19 Q. Okay. So is it correct that you're
20 trained to consider whether the complainant
21 felt able and how they described their
22 feelings but you're not trained to ask whether
23 they were able to stop the behavior?

118
2 THE WITNESS: In that what we
3 receive is the words of the complainant and
4 the respondent about how they felt about
5 whether they -- their feelings or their
6 description of events, I mean, I think I would
7 classify that more as evidence we have to
8 assess, not feelings we have to feel in
9 relation to the case. So I guess I'm not sure
10 what the question is at the end of the day.
11 Are you looking for whether we --
12 whether we're trained to consider their
13 feelings or whether we're trained to assess
14 the evidence that we're given that is about
15 feelings?
16 Q. We can move on. I'm going to look on
17 page 74 and ask, would a reasonable person
18 conclude from the fact that she was not
19 verbally objecting, the picture that has been
20 painted in the report, that the complainant
21 was consenting? Would a reasonable person
22 h a v e c o n c l u d e d t h a t S mS
imti t h was consenting?

119
1 THE WITNESS: I think a
2 reasonable person by the way I understand this
3 process wouldn't just look at very narrow
4 slices of this. They would look at all
5 information pertaining to a specific incident,
6 i.e., in this case the nonconsensual sex, and
7 draw a conclusion. And so, yes, I personally
8 think a reasonable person would come to the
9 same conclusions as we did.
10 Q. (By Ms. Rossi) Okay. And that's
11 based on what, please?
13 THE WITNESS: What's based on
14 what?
15 Q. (By Ms. Rossi) The conclusion that
16 she was not consenting.
17 A. I think I already stated why.
18 Q. Can you put it in a succinct answer?
19 MR. LAPP: Objection. Asked
20 and answered. We've been over this multiple
21 times.
22 THE WITNESS: I think per the
23 definitions of consent at the time, we

120
1 concluded that there was nonconsensual sexual
2 activity.
3 Q. (By Ms. Rossi) What was missing from
4 it that would have given it consent?
6 THE WITNESS: I think per her
7 narrative -- let's see.
8 MR. LAPP: What would have
9 been missing from the lack of consent that
10 would have given it consent?
11 MS. ROSSI: Missing from this
12 scenario, missing from the evidence.
15 THE WITNESS: If Smith 's
16 narrative had stated, I woke up. I intended
17 to have sexual activity. I was fully
18 comfortable and totally engaged, felt that I
19 could stop it at any time, I would have said
20 consent was there. We have no issue here.
21 But in that none of those things appeared to
22 be present and looking at the cumulative
23 nature of them per the Consent Policy, we

121
1 reached the conclusion that consent wasn't
2 there.
4 A. I think that's the best way I can
5 describe it.
6 Q. And on this spreadsheet, again it's
7 Exhibit 49 from Ms. Pretto's deposition, on
8 page two under Stephen Klass's column, can you
9 look at what's in green and read that, please?
10 A. This is the crux of these claims:
11 whether or not we believe that his pattern of
12 behaviors were intentionally
13 intimidating/controlling or that she was
14 naturally more submissive and sought to
15 please/help/protect.
16 Q. Okay. So would a reasonable person,
17 if they're in a relationship with someone who
18 is naturally submissive and seeks to please,
19 help, and protect, and put that other person's
20 feelings and desires first, do you think that
21 the scenario that we've described that in --
22 therein in this nonconsensual sex allegation,
23 that that person may believe there to be

122
1 consent by the description of the actual facts
2 that are given, silence, no evidence of any
3 force, no evidence that she went into bed
4 unwillingly, and virtue of a sexual position
5 in which you're not going to be able to move
6 out from underneath someone's weight in that
7 position, given all those facts, don't you
8 think a reasonable person would think there's
9 consent?
11 THE WITNESS: I think, one,
12 if I'm reading that, "This is the crux of many
13 of these claims" is referring to the broad
14 state of relationship abuse claims that we
15 felt were largely indicative of people in a
16 perhaps poor relationship at the time, not
17 necessarily related directly to the
18 nonconsensual sexual intercourse piece. But I
19 don't know that I'm totally here to talk about
20 what other people would conclude. Again,
21 this -- this is literally 50 to 60 pages of
22 information and from that information we
23 reached those conclusions. And I still feel

123
1 very confident that we reached the right ones
2 and I just -- I don't know that I am going to
3 read one statement that wasn't directly
4 related to the sexual assault and reconsider
5 the whole thing.
6 Q. (By Ms. Rossi) Why didn't this
7 pattern that we've just read from this
8 spreadsheet get applied in a context of the
9 nonconsensual sex allegation?
11 THE WITNESS: It may have
12 been a part of the conversation but I think it
13 doesn't necessarily overrule the -- the
14 overarching feeling that consent was not
15 there. Again, I do not remember all the
16 specifics of these so I hesitate to give you
17 anything more definitive than that.
18 Q. (By Ms. Rossi) Okay. I'll take
19 these back and I'm going to show you exhibit
20 -- we used -- the same exhibit --
21 MR. LAPP: Let's take a quick
22 time out and go off the record for a second.
23 MS. ROSSI: Okay. Sure.

124
1 (Discussion off the record.)
2 (The deposition suspended.)
3 (The deposition resumed.)
4 Q. (By Ms. Rossi) Okay. I am going to
5 show you Exhibit 54 from Ninah Pretto's
6 deposition. Can you take a look and read
7 number two for us, please?
8 A. I just spoke to Meg about this very
9 issue but would find more conversation/clarity
10 useful.
11 Q. Okay. And down here, number one?
12 (Indicating)
13 A. I was wondering if we could meet with
14 you and/or Meg around the Title IX aspects of
15 this case.
16 Q. Okay. So in this email exchange
17 you've indicated that you wanted to meet with
18 Dean Sandstrom or Meg about the Title IX
19 aspects, correct?
20 A. Yes.
21 Q. Okay. Why did you think that Meg
22 Bossong would be able to answer your
23 questions?
125
1 A. Typically when we have questions
2 about policy pieces, Meg can be a resource and
3 so I wasn't clear as to whether it would --
4 she would be an appropriate person in this
5 case, which is why I indicated Marlene and/or
6 Meg.
7 Q. And did you meet with Ms. -- Dean
8 Sandstrom?
9 A. Yes.
10 Q. And how long was your meeting with
11 her if you recall?
12 A. I don't recall.
13 Q. Okay. I will take this back.
14 I'm going to show you WMS 08480 and
15 8481 and we will...
17 Q. (By Ms. Rossi) So in this Exhibit
18 157, does this reflect the meeting that you
19 had with Ms. -- sorry -- Dean Sandstrom?
20 A. I think that reflects the scheduling
21 of a meeting, yes.
22 Q. Okay. Great.
23 Is it the responsibility of the panel

126
1 to assess all the charges according to the way
2 the policy is worded?
3 A. It's the responsibility of the panel
4 to assess any charges that are indicated but
5 also to indicate if we see other violations of
6 the policy within the content provided.
7 Q. So I'm going to show you Exhibit 57
8 from Ms. Pretto's deposition. And is it
9 correct that Dean Sandstrom conveyed to you,
10 according to this email from you reflecting
11 that conversation, that the way the policy is
12 worded is important?
15 THE WITNESS: I've read it.
16 Could you just repeat your question one more
17 time?
18 Q. (By Ms. Rossi) Okay. I'll rephrase.
19 Is it correct that Dean Sandstrom, in
20 the conversation that we've identified you
21 having with her, said that the way the policy
22 is worded is important?
23 A. Yeah. I think that would be an

127
1 accurate reflection of this. (Indicating)
2 Q. (By Ms. Rossi) Okay. And I'm going
3 to show you WMS 07049 that we're going to mark
4 as 158.
6 Q. (By Ms. Rossi) Do you recall looking
7 specifically at the policy regarding
8 retaliation as a result of the conversation
9 that we've just discussed?
10 A. I recall that we needed greater
11 clarity over the policy definition of
12 retaliation, and as part of our process we did
13 reach out to Marlene to have her clarify what
14 the policy says about retaliation.
15 Q. Okay.
16 A. And it did, as this indicates, change
17 a little bit of the way we were viewing some
18 of the pieces of the case.
19 Q. Okay. So on Exhibit 57 from Ninah
20 Pretto's deposition, can you read the last
21 sentence in the first paragraph, please?
22 Oh, wait. Sorry. Just upon review
23 and the rest of this paragraph? (Indicating)

128
1 A. From here till the end?
2 Q. Yes, please.
3 A. Upon review, the way the policy
4 reads, in order for there to be retaliation it
5 has to be in response to the victim's
6 participation in a disciplinary investigation
7 or process. It can't just be to get back at
8 them because you're angry/upset with them.
9 Q. Did the panel believe that Susan 's
10 Title IX complaint was to get back at John
11 because she was angry/upset with him?
13 THE WITNESS: I think in our
14 initial conversations we had been unclear in
15 our interpretation of retaliation in that it
16 could mean any act of getting back at a person
17 who you felt you wanted to retaliate against;
18 and I think in the clarity that we got from
19 Marlene, we realized that none of the actions
20 in here met the definition of retaliation.
21 Q. (By Ms. Rossi) Okay. So --
22 A. I don't believe there was any finding
23 of retaliation but --
129
1 Q. Right.
2 A. -- I'd have to go back and review my
3 finding letter.
4 Q. Okay. Did it concern the panel that
5 Smith filed her complaint within moments of
6 learning that the College would be
7 investigating John's complaint against her?
8 A. I think if we had the information
9 about the timing, we would have discussed it.
10 I don't know that I could say it concerned us
11 or we would have considered it a violation of
12 the policy if that was the case.
13 Q. I will take these back and I'm going
14 to show you Exhibit 55 from Ninah Pretto's
15 deposition.
16 Okay. Never mind. I'm going to show
17 you 56. Okay. This is page four from John's
18 response to the complaint, and can you take a
19 look at one, two and three? Reflect on those,
20 please.
21 A. I'm sorry, you said this was John's
22 response?
23 Q. Yes.
130
1 A. Okay.
2 Q. Okay. So in number three does it not
3 provide the panel information that Smith's
4 complaint was lodged literally within moments
5 -- I believe it was a day -- of his complaint
6 against her?
8 THE WITNESS: I -- if this is
9 John's version of events, it certainly
10 confirms that that's what he thought. Without
11 the rest of the report to cross-verify things,
12 I can't definitively say what we thought at
13 the time.
14 Q. (By Ms. Rossi) Okay. And is it
15 correct that the panel had found Smith's
16 report to Dean Bolton late December 5th going
17 into December 6th, time -- it was around
18 midnight that -- well, it was 1 o'clock in the
19 morning on December 6th -- that her report to
20 the dean was decided by the panel to be false
21 reporting?
23 Q. (By Ms. Rossi) Do you recall that?

131
1 A. I don't.
2 Q. Okay.
3 A. And the details of timing are -- have
4 escaped me.
6 And I'm going to show you Exhibit 55
7 now from Ninah Pretto's deposition. Do you
8 recall John explaining in this -- there were
9 two responses to the report that were included
10 in your materials. Do you recall him
11 explaining that Smith had no legitimate reason
12 for filing her Title IX complaint against him?
13 A. If you're asking whether I recall
14 that specific fact, I do not, but I recall
15 that we read through any responses from both
16 sides as a part of all the documents.
18 Did the panel believe that Smith made
19 her complaint in anger and to get back at
20 John?
21 MS. ROSSI: I don't think we
22 specifically asked that.
23 MR. LAPP: I'm going to

132
1 object to the form of the question.
2 THE WITNESS: Can you clarify
3 when you say "complaint"?
4 Q. (By Ms. Rossi) The Title IX
5 complaint.
7 THE WITNESS: I think we felt
8 that there were elements of this relationship
9 where both parties were in a way trying to get
10 back at each other and in that it did not meet
11 the definition of retaliation per the policy,
12 I would say that aspects of Smith and Doe were
13 probably designed around getting back at each
14 other.
15 Q. (By Ms. Rossi) Well, there was no
16 evidence that Doe had said or done anything in
17 terms of complaints to anyone about Smith
18 until the Title IX complaint, correct?
20 THE WITNESS: I can't say. I
21 don't have all the facts. I'm recalling sort
22 of the general sense that we had of the case.
23 Q. (By Ms. Rossi) Is it the panel's

133
1 responsibility to make sure that the version
2 of the findings letter is accurate?
3 A. It's our role to make sure that the
4 final version reflects the -- what the panel
5 intended to be the outcome.
6 Q. Through this process were you and
7 Mr. Klass in sync with each other?
8 A. Can you clarify what you mean by "in
9 sync"?
10 Q. Well, I'm not sure. It was mentioned
11 in one of the documents here. In fact,
12 Stephen Klass in Exhibit 68 from Dean
13 Sandstrom said, I think it's easier to have us
14 both in sync like this. Do you know -- would
15 you agree with Mr. Klass?
16 A. I think this was in reference to
17 scheduling. So what I interpret this to mean
18 is that both of our schedules are in sync
19 because Sue manages our calendar -- calendars
20 for both of us.
21 Q. Okay.
22 A. So I believe that's the reference
23 there.
134
1 Q. Okay. I'm going to show you page 28
2 and 29 from John's Exhibit A to his response
3 to the report.
4 All right. Is it correct that John
5 pointed out that the Relationship Abuse Policy
6 was being misapplied in the report to events
7 that occurred before the policy was in effect?
9 THE WITNESS: Are you asking
10 me upon reading this, is that what is
11 happening?
12 Q. (By Ms. Rossi) Well, it was -- yes,
13 I'm just confirming what is in the documents.
14 A. Okay. It does appear to me that he's
15 indicating, as you said, that there are Code
16 of Conduct timing issues.
17 MS. ROSSI: Okay. We'll mark
18 this as 159.
20 Q. (By Ms. Rossi) And I'm going to
21 show you Exhibit 61 from Ms. Pretto's
22 deposition. And can you look at what falls
23 under the Relationship Abuse section, and can

135
1 you tell me if any of these events that are
2 listed took place after the relationship abuse
3 became effective, which was October 2015?
4 A. So your question is, did any of these
5 events take place after October 2015?
6 Q. Yes.
7 A. Okay. Let's see. Here's one --
8 these two are summer 2014, which I think would
9 be before. That's in October 2014, roughly
10 the same time.
11 Q. October 2015 is when it went into
12 effect.
13 A. Oh, I'm sorry, '15.
14 Q. Yeah.
15 A. Okay. In that case it appears to me
16 the first eight bullets -- no, sorry -- the
17 first seven bullets would be prior to October
18 of 2015.
19 The last three appear to be after
20 that point in time. Let's see. Although I
21 have to revise that. This says '15-'16, not
22 in a clear time frame so I don't know about
23 that particular bullet.

136
1 And March Honor Code, which was March
2 2015, so that would fall within that.
3 Q. Okay. So were you under the
4 impression that events that took place before
5 a policy goes into effect can be found to be a
6 violation?
7 I'm sorry, I'll rephrase that.
8 Were you under the impression that
9 events that took place before a policy goes
10 into effect can be found to be a violation of
11 that later policy?
12 A. No, I was not under that impression.
13 Q. Okay. Then how is it that arguments
14 about money in August and September 2015 that
15 you found John responsible for relationship
16 abuse?
17 In fact, I think there were a few
18 others that you --
19 MR. LAPP: Was there not no
20 finding of relationship abuse?
21 MS. ROSSI: No, I'm asking
22 about him personally because on the
23 spreadsheet, it indicates a yes answer.

137
1 MR. LAPP: All right. Then
2 we'll wait for a question that's grounded in a
3 document.
4 Q. (By Ms. Rossi) So we're looking
5 again at Exhibit 49 and this would be your
6 notes. Okay. This is after. So relationship
7 abuse...
8 Okay. So here we would have the
9 coercion to take blame for the purchase of
10 alcohol and under your column it says: Yes.
11 And here it was in March 2015 that the
12 incident involving alcohol occurred.
13 A. So I guess I should make the
14 distinction in my mind between a working
15 document that evolves over time and has
16 varying viewpoints on it and what I consider
17 to be the final outcome of the committee,
18 which is the letters that John Doe received.
19 So that may have been an earlier
20 conversation where we were not in alignment on
21 that particular piece but, ultimately, if
22 there was no finding of relationship abuse in
23 the final letter then that particular line of

138
1 conversation resolved so.
2 Q. Okay. Were you aware at the primary
3 adjudication stage that John had a prior
4 sanction involving an accusation of sexual
5 misconduct?
6 A. No.
7 Q. Okay. Now, at the appeal stage, was
8 the panel's decision easy upon appeal?
9 A. I feel that because of the
10 ramifications of the outcome of these cases, I
11 would not classify any of the conversations as
12 easy or simple. I think we were concerned
13 that if there was a different policy we needed
14 to consider, that we wanted to make sure we
15 hadn't made a finding of responsibility in
16 error. And so I would say that in that sense
17 it wasn't easy and we spent I think an
18 appropriate amount of time making sure that
19 that was the case.
20 Q. Okay. And is it correct that during
21 the primary adjudication, meaning pre-appeal
22 stage, the panel had applied a policy not in
23 effect at the time of the alleged misconduct

139
1 regarding the nonconsensual sex?
2 A. That is how I understand it.
3 Q. Okay. I'm going to show you WMS
4 11718 and we'll mark it as 160.
6 Q. (By Ms. Rossi) Okay. Do you recall
7 that this was the document that the panel used
8 at the appeal hearing?
9 A. I know we were given additional
10 information but I -- I can't say that this was
11 it. It may very well have been but I'm not
12 sure.
13 Q. Okay. So looking at the policy in
14 effect at the time, could you read the section
15 that begins with the word "Consent" up until
16 the mark that I've made on the document?
17 A. From "Consent" --
18 Q. Yes.
19 A. -- up to the mark?
20 Q. Yes, please.
21 A. Consent means that at the time of the
22 sexual contact, words or conduct indicate
23 freely given approval or agreement, without

140
1 coercion, by both participants in the sexual
2 contact. Both parties have an obligation to
3 communicate consent or lack of consent. A
4 verbal no, no matter how indecisive, or
5 resistance, no matter how passive, constitutes
6 a lack of consent.
7 Q. So in this policy, that was in effect
8 at the time, it is not stated that affirmative
9 consent is required for all sexual activity,
10 correct?
12 THE WITNESS: I do not see
13 the words "affirmative."
14 Q. (By Ms. Rossi) And it is not stated
15 that -- okay. You answered my next question.
16 It doesn't state clearly indicate
17 freely given approval; is that correct? It
18 just says "words or conduct indicate"?
19 A. You're asking me whether or not it
20 says clearly?
21 Q. Right.
22 A. It does not say clearly.
23 Q. Right. And it doesn't state that

141
1 consent must be active, correct?
2 A. It doesn't use the word active.
3 Q. And it is stated that a verbal no or
4 resistance constitutes the lack of consent --
5 well, no matter how passive and no matter how
6 decisive as qualifiers?
7 A. It does say that.
8 Q. So did Leticia Haynes allow the
9 appeal to proceed because the panel applied
10 this later policy that was not in effect at
11 the time of the alleged misconduct?
12 A. As I understand it, that was the
13 basis of the appeal. I don't know Leticia's
14 specific role in the course of leading up to
15 our recall to come back to the case.
16 Q. Okay. So I'm going to show you this
17 letter from Ms. Haynes that we'll mark as 161.
19 Q. (By Ms. Rossi) Can you just look at
20 what I've underlined in red and read it,
21 please? Aloud, please.
22 A. In light of the fact that the hearing
23 panel applied a policy not in effect at the

142
1 time of the alleged misconduct, your appeal of
2 the finding of responsibility and related
3 sanction is granted.
4 Q. Okay. So are you aware that college
5 policy provides parties the right to appeal
6 when there is new evidence or a significant
7 procedural lapse?
8 A. Was I specifically aware of a policy,
9 no, but that's my understanding.
10 Q. Okay. Are you aware that appeals are
11 granted only in cases where the procedural
12 problems are considered substantive enough to
13 have significantly affected the outcome of the
14 initial hearing?
15 A. Again, I don't know the specifics of
16 how that policy is structured so I would have
17 to say no.
18 Q. Since the College allows appeals only
19 in cases -- at least when they're based on
20 significant procedural lapses -- when they are
21 substantive enough to have significantly
22 affected the outcome of the initial hearing,
23 how is it that the panel found that what it

143
1 had decided in the initial hearing -- I'm
2 sorry.
3 How is it that it came to the
4 conclusion that the policies were essentially
5 the same?
8 THE WITNESS: As I understand
9 -- and I don't know about the qualifiers of
10 significant and other pieces of that nature --
11 once the issue was identified, we were brought
12 back, told what the specific issue was, and
13 asked to revisit our conclusions based on the
14 new information.
15 Upon revisiting it and reviewing both
16 policies side by side, we felt that it didn't
17 substantively change the outcome that we came
18 to and so we reaffirmed our initial decision.
19 Q. (By Ms. Rossi) Okay. I will take
20 back 161 but I will leave 160 before you and
21 hand you the final appeals decision letter,
22 which we'll mark as 162.

144
1 Q. (By Ms. Rossi) Could you read aloud
2 what's underlined in red, please?
3 A. Although the version of the policy in
4 effect at the time did not use the term
5 "affirmative" -- in quotes -- consent, it used
6 other language still present in the newer
7 version to express the same concept.
8 Q. Okay. We were just discussing in Meg
9 Bossong's deposition that affirmative consent
10 involves active -- clear, active, specific
11 consent. Was it your understanding that the
12 previous policy required clear, active, and
13 specific consent?
14 MR. LAPP: I object. That
15 mischaracterizes Ms. Bossong's testimony and
16 the record.
17 THE WITNESS: It's okay if I
18 read the policies here?
19 Q. (By Ms. Rossi) Please.
20 A. I think at the time we felt that the
21 newer policy that had been applied was a
22 different articulation of the earlier policy
23 and that we felt that was still in the way we

145
1 had viewed the incident and found our ultimate
2 finding didn't ultimately change our
3 conclusions.
4 Q. Was there anything specific in the
5 facts that made you believe that?
6 A. That made me believe what?
7 Q. Believe that it would still be the
8 same, it would still be a violation under
9 either policy. Was there any specific fact in
10 the evidence that made you think that?
11 A. I think in that we had -- we had
12 looked at all the pertinent facts in our
13 minds, viewed them under the rubric of one
14 policy and then under the rubric of the other,
15 we still came to the same conclusion even with
16 the language changes, so that's why we
17 reaffirmed our decision.
18 Q. I'll take that back.
19 Okay. I'm going to show you WMS
20 09706. And paying attention to paragraph
21 identified as number two, did you discuss --
22 did you discuss any of the issues that are
23 marked in number two involving -- on appeal is

146
1 the question. Did you discuss any of these
2 facts that are here in number two, the
3 contradictions of Susan Smith's claims, her --
4 a potential possible motivation to exaggerate,
5 fabricate her claims, any of these things that
6 are on this list? (Indicating)
7 MR. LAPP: I'm going to
8 object to the form of the question.
9 THE WITNESS: When the
10 hearing panel came back together, the charge
11 was to revisit the case with the new policy or
12 the policy change, excuse me, in light.
13 I can't say definitively that we did
14 or didn't touch on any of these as pieces of
15 that conversation but I don't have a direct
16 recollection of it.
17 MS. ROSSI: Okay. We'll mark
18 that as Exhibit 163.
20 Q. (By Ms. Rossi) Do you recall
21 discussing any particular facts at that appeal
22 hearing?
23 A. I think the primary discussion was

147
1 around reviewing the distinctions between the
2 two policies and then reviewing the evidence
3 that we had utilized under the previous
4 framework to see if there was any differences
5 in conclusions we drew. But as to the
6 specifics of the conversation, I can't recall.
7 Q. Did the panel factor in John's prior
8 disciplinary sanction in making its
9 determination at the appeal hearing?
10 A. At the appeal hearing, no. We're not
11 notified at that point.
12 Q. Well, you had -- you had sanctioned
13 him so you had known?
14 A. Oh, we had already sanctioned him?
15 Q. Yes.
16 A. Oh, I'm sorry. Let me think about
17 that. I mean, it -- it didn't factor into the
18 discussion on the policy differences and our
19 conclusions.
20 Q. Okay.
21 A. I apologize, I didn't understand.
22 Q. Did you have any details about his
23 previous case?
148
1 A. I think the only thing we were
2 allowed to know is that there had been
3 previous incidents.
4 Q. Why was Cynthia Haley present at the
5 second appeal hearing meeting?
6 A. I don't have a strong recollection
7 that she was so I couldn't say. May have been
8 help with technical issues.
9 Q. And is it correct that the appeal
10 outcome letter captured the full rationale of
11 the panel?
12 A. Yes.
13 Q. So looking at the appeal outcome
14 letter real quick and then we will finish up.
15 A. Okay.
16 Q. Did the panel essentially decide that
17 the policies were essentially the same?
18 A. I think we felt that there -- the
19 language had been changed and added to and
20 clarified but it didn't change the
21 fundamentals of the policy itself, and that's
22 how we sort of felt we could be consistent
23 between the two and have the same outcome.

149
1 Q. Okay. Just a couple more.
2 A. Okay.
3 Q. Did you experience any influence in
4 any way to be swayed against John at any stage
5 of the process?
6 A. No, I did not.
7 Q. Would you agree that there's a
8 culture at the College that is quick to
9 believe those who complain of being victims of
10 sexual assault?
11 A. I have not experienced that culture.
12 Q. When did you say you started working
13 here?
14 A. Officially, although in a different
15 job, 2005.
16 Q. Okay. So do you recall a case in
17 which a student claimed to have been raped and
18 stabbed by someone?
19 A. No, I don't.
20 Q. Okay. Do you know an alum of the
21 College named Michael R. LaPorte?
22 A. No, I don't.
23 MS. ROSSI: Okay. That's it.

150
2 MS. ROSSI: Done.
3 THE WITNESS: All right.
4 (The deposition concluded.)
5 *****
10
11
12
13
14
15
16
17
18
19
20
21
22
23
151
1 STATE OF MASSACHUSETTS
2 COUNTY OF HAMPDEN
3 I, Kathleen M. Houghton, a Notary Public

within and for the Commonwealth of
4 Massachusetts at large, do hereby certify that
I took the deposition of AARON GORDON,
5 pursuant to the Federal Rules of Civil
Procedure on May 15, 2018, at Williams
6 College, Hopkins Hall, Room 203, Williamstown,
Massachusetts.
7
I further certify that the above named
8 deponent was by me first duly sworn to testify
to the truth, the whole truth and nothing but
9 the truth concerning his knowledge in the
matter of the case of JOHN DOE vs. WILLIAMS
10 COLLEGE, now pending in the United States
District Court District of Massachusetts,
11 Western Section.
12 I further certify that the within

testimony was taken by me stenographically and
13 reduced to typewritten form under my direction
by means of COMPUTER-AIDED TRANSCRIPTION; and,
14 I further certify that said deposition is a
true record of the testimony given by said
15 witness.
16 I further certify that I am neither

attorney or counsel for, related to or
17 employed by any of the parties to this action
in which this deposition was taken; any
18 attorney or counsel employed by the parties
hereto, nor financially or otherwise
19 interested in the outcome of the action.
20 Witness my hand and seal this 9th day of

June 2018.
21
___________________
22 Kathleen M. Houghton
Notary Public
23 My Commission Expires
April 3, 2020.
152
1 SIGNATURE PAGE - ERRATA SHEET
2 To be signed by deponent and returned to

counsel within thirty (30) days.
3
4 I, the undersigned, AARON GORDON, do hereby

certify that I have read the foregoing
5 transcript of my testimony given in the matter
of JOHN DOE VS. WILLIAMS COLLEGE on
6 May 15, 2018 and that to the best of my
knowledge, said transcript is true and
7 accurate with the exception of the following
corrections listed below:
8
Page: Line:
9 _________________________________________
10 _________________________________________
11 _________________________________________
12 _________________________________________
13 _________________________________________
14 _________________________________________
15 _________________________________________
16 _________________________________________
17 _________________________________________
18 _________________________________________
19 _________________________________________
20 _________________________________________
21 DEPONENT'S
SIGNATURE:____________________DATE______
22
23 kmh
153
June 10, 2018
Daryl J. Lapp, Esquire

Locke Lord LLP
111 Huntington Avenue
Boston, Massachusetts 02199
RE: JOHN DOE VS. WILLIAMS COLLEGE
Dear Attorney Lapp,
Attached is the Signature Page-Errata

Sheet for the continued deposition of AARON
GORDON taken on May 15, 2018 in the
above-captioned case.
Please note that according to the Rules

of Civil Procedure, the deponent has thirty
(30) days in which to make these corrections
on the transcript.
When the deponent has signed and noted

his corrections on the Signature Page -
Errata Sheet indicating the page number, line
number, and the desired correction, please
retain a copy and provide the original to
Attorney Rossi.
Thank you for your cooperation.
Very truly yours,
Kathleen M. Houghton
cc: S.E. Rossi, Esquire

enc.
' 141:18, 143:20 44 [1] - 97:5 able [8] - 10:11, 26:10, 16:21 1
162 [3] - 3:17, 143:22, 442 [1] - 2:3 54:22, 117:11, adjudicating [1] -
143:23 45 [3] - 3:9, 3:10, 117:21, 117:23, 10:16
'15 [1] - 135:13 163 [3] - 3:18, 146:18, 46:10 122:5, 124:22 adjudication [11] -
'15-'16 [1] - 135:21 146:19 46 [4] - 3:10, 43:2, above-captioned [1] - 6:16, 8:11, 21:4,
50:8, 77:6 153:10 42:2, 42:14, 44:23,
0 2 47 [2] - 40:22, 99:23 abstract [1] - 90:6 57:8, 57:11, 59:10,
48 [1] - 61:14 abuse [9] - 60:22, 138:3, 138:21
49 [5] - 39:22, 60:2, 87:22, 94:10, 103:2, administration [1] -
02199 [2] - 2:8, 153:5 2 [2] - 1:18, 3:17
112:11, 121:7, 137:5 122:14, 135:2, 9:2
07049 [2] - 3:12, 127:3 2/13/17 [1] - 3:17 136:16, 136:20, administrative [3] -
08480 [2] - 3:11, 2001 [1] - 8:20
125:14 2005 [1] - 149:15
5 137:22 7:18, 9:9, 9:14
Abuse [4] - 48:12, adoption [1] - 49:12
08829 [1] - 60:8 2011 [1] - 7:22 48:13, 134:5, 134:23 advance [1] - 31:8
09706 [2] - 3:18, 2013 [4] - 49:8, 49:17, 5 [1] - 3:3 abuse.. [1] - 137:7 affairs [1] - 7:19
145:20 49:21, 54:12 50 [2] - 49:2, 122:21 abused [1] - 81:6 affect [1] - 99:13
2013-2014 [2] - 49:10, 51 [2] - 35:8, 97:3 academic [2] - 81:20, affected [2] - 142:13,
1 50:2 54 [1] - 124:5 82:4 142:22
2014 [19] - 12:22, 55 [2] - 129:14, 131:6 according [6] - 12:23, aforementioned [1] -
36:15, 37:11, 49:9, 56 [1] - 129:17 39:9, 116:15, 126:1, 18:9
1 [1] - 130:18
49:15, 49:18, 49:21, 57 [2] - 126:7, 127:19 126:10, 153:11 afterwards [1] - 37:11
1/31/17 [1] - 3:16
54:12, 54:14, 54:16, 58 [1] - 63:19 account [2] - 76:6, ago [2] - 11:19, 63:14
10 [3] - 73:5, 73:6,
55:5, 56:22, 81:20, 5th [1] - 130:16 107:1
153:2 agree [12] - 18:12,
82:4, 82:17, 84:23, accounting [1] - 107:5
11 [4] - 7:16, 66:1, 19:3, 19:13, 19:23,
101:13, 135:8, 135:9 6 accurate [7] - 38:17,
68:14, 85:5 56:20, 57:6, 89:18,
2015 [10] - 81:20, 82:4, 64:14, 64:17, 113:7,
111 [2] - 2:8, 153:5 93:3, 93:7, 93:22,
84:13, 135:3, 135:5, 127:1, 133:2, 152:7
11718 [2] - 3:15, 139:4 133:15, 149:7
135:11, 135:18, 60 [1] - 122:21
11:20 [2] - 89:23, 90:4 accusation [1] - 138:4 agreed [5] - 4:3, 4:9,
136:2, 136:14, 61 [1] - 134:21
12 [2] - 3:6, 68:21 accused [2] - 20:5, 4:15, 4:18, 64:16
137:11 617 [1] - 2:10
12090 [1] - 2:3 92:4 agreement [1] -
2016 [7] - 16:11, 30:1, 68 [2] - 28:2, 133:12
125 [1] - 3:11 accuser [3] - 86:15, 139:23
82:2, 82:14, 82:23, 6th [3] - 107:1, 130:17,
127 [1] - 3:12 88:7, 88:21 ahead [2] - 9:3, 14:13
83:18, 101:12 130:19
13 [2] - 80:22, 80:23 accuser's [2] - 86:20, AIDED [1] - 151:13
2018 [6] - 1:13, 151:5,
134 [1] - 3:14 117:6 aiming [1] - 86:11
151:20, 152:6, 7 act [8] - 61:7, 69:23, alcohol [8] - 60:19,
139 [1] - 3:15 153:2, 153:9
14 [1] - 103:1 76:9, 76:11, 76:14, 76:22, 77:11, 78:1,
2020 [1] - 151:23
141 [1] - 3:16 74 [2] - 113:17, 118:17 95:17, 111:7, 128:16 78:13, 78:15,
203 [2] - 1:13, 151:6
142 [8] - 3:6, 12:9, 75 [2] - 113:17, 117:8 action [2] - 151:17, 137:10, 137:12
21st [2] - 22:6, 30:1
12:13, 12:14, 27:4, 151:19 aligned [2] - 58:18,
23 [1] - 3:8
27:5, 100:1, 113:17 8 actions [4] - 59:17, 60:4
239-0174 [1] - 2:10 61:3, 116:7, 128:19
143 [4] - 3:7, 3:17, alignment [1] - 137:20
248-7622 [1] - 2:5 activation [1] - 13:23
15:22, 15:23 allegation [7] - 45:6,
28 [2] - 3:13, 134:1 8481 [2] - 3:11, 125:15 active [9] - 37:19,
144 [5] - 3:8, 21:12, 63:4, 63:11, 92:7,
29 [2] - 3:13, 134:2 880 [1] - 1:13 57:9, 57:14, 58:8, 92:13, 121:22, 123:9
23:2, 23:3, 57:23 2nd [3] - 30:16, 38:23,
145 [3] - 3:9, 45:13, 141:1, 141:2, allegations [7] -
45:14
42:4 9 144:10, 144:12 49:11, 54:13, 87:21,
146 [6] - 3:10, 3:18, activity [7] - 13:17, 103:2, 103:6,
46:11, 46:12, 47:23,
3 58:9, 68:1, 84:16, 107:20, 108:13
9:02 [1] - 1:14
49:1 120:2, 120:17, 140:9 Allegations [1] - 45:19
9th [1] - 151:20
15 [5] - 1:13, 3:7, 3 [3] - 3:16, 3:18, actual [2] - 45:7, 122:1 alleged [8] - 15:11,
added [3] - 46:17, 65:3, 85:20, 101:10,
151:5, 152:6, 153:9 151:23 A 79:13, 148:19 103:1, 138:23,
157 [3] - 3:11, 125:16, 30 [2] - 152:2, 153:12
125:18 33 [2] - 3:9, 45:11 addition [2] - 66:18, 141:11, 142:1
158 [3] - 3:12, 127:4, 38 [1] - 27:2 a.m [1] - 1:14 74:4 allegedly [1] - 95:18
127:5 Aaron [2] - 5:7, 5:10 additional [3] - 29:15, allotted [1] - 30:3
AARON [7] - 1:11, 3:3, 34:17, 139:9 allow [1] - 141:8
159 [3] - 3:13, 134:18, 4 addressed [1] - 113:4 allowed [4] - 34:3,
134:19 5:1, 5:10, 151:4,
16-CV-30184 [1] - 1:4 152:4, 153:9 adjective [1] - 77:14 34:18, 59:23, 148:2
160 [4] - 3:15, 139:4, 413 [1] - 2:5 ability [5] - 12:6, adjectives [1] - 38:18 allows [1] - 142:18
139:5, 143:20 43 [3] - 21:11, 30:15, 18:19, 96:10, 99:13, adjudicate [1] - 26:11 Allyson [1] - 31:20
161 [4] - 3:16, 141:17, 39:7 105:20 adjudicated [2] - 9:18, almost [1] - 34:1
alone [3] - 92:7, 92:14, 123:8, 138:22, Attorney [2] - 153:7, beyond [1] - 60:18 carries [3] - 91:6, 2
94:1 141:9, 141:23, 153:16 birth [2] - 68:17, 69:3 91:20, 92:14
aloud [3] - 97:8, 144:21 atypical [4] - 72:18, bit [1] - 127:17 case [68] - 6:16, 9:22,
141:21, 144:1 applies [1] - 49:11 76:16, 103:10, 115:1 black [1] - 112:12 10:9, 10:19, 10:22,
alum [1] - 149:20 apply [1] - 106:12 August [2] - 82:17, blame [2] - 112:17, 11:8, 14:5, 15:4,
alumni [1] - 110:12 appropriate [2] - 136:14 137:9 16:21, 17:11, 17:15,
amount [4] - 9:23, 125:4, 138:18 Ava [4] - 81:5, 82:15, blaming [1] - 112:4 17:18, 20:12, 20:18,
12:1, 101:14, 138:18 approval [2] - 139:23, 82:16, 85:11 body [3] - 68:17, 21:12, 22:1, 23:11,
anger [1] - 131:19 140:17 Avenue [2] - 2:8, 68:22, 74:21 24:22, 26:13, 26:18,
angry/upset [2] - April [1] - 151:23 153:5 bolded [2] - 77:8, 30:8, 30:19, 31:6,
128:8, 128:11 archeology [1] - 8:22 aware [12] - 29:9, 78:14 33:15, 34:6, 34:19,
annotated [1] - 45:21 areas [1] - 98:16 36:12, 37:3, 74:21, Bolton [2] - 17:21, 36:1, 38:15, 38:16,
annual [1] - 17:16 argumentative [1] - 79:20, 88:6, 88:16, 130:16 39:16, 40:9, 41:22,
answer [20] - 10:12, 85:23 89:5, 138:2, 142:4, Bossong [2] - 17:19, 44:7, 45:9, 48:9,
13:18, 15:3, 15:19, arguments [2] - 113:3, 142:8, 142:10 124:22 48:20, 49:4, 54:22,
32:9, 55:2, 56:16, 136:13 awoke [1] - 83:21 Bossong's [1] - 144:9 63:1, 63:22, 65:20,
59:23, 61:12, 86:2, arms [1] - 106:21 bossong's [1] - 74:23, 87:16, 87:18,
87:1, 90:16, 100:22, art [1] - 8:22 B 144:15 89:16, 93:2, 93:22,
101:5, 101:20, articulation [1] - Boston [2] - 2:8, 153:5 94:5, 99:19, 101:12,
116:13, 117:3, 144:22 bottom [1] - 45:18 109:17, 110:17,
bachelor's [1] - 8:15 110:22, 118:9,
119:18, 124:22, aside [1] - 19:2 Box [1] - 2:3
136:23 based [11] - 22:8, 119:6, 124:15,
asleep [1] - 83:21 break [2] - 6:10, 47:20
34:2, 44:17, 66:12, 125:5, 127:18,
answered [4] - 15:7, aspects [7] - 62:23, breaking [1] - 12:2
89:6, 93:15, 112:14, 129:12, 132:22,
19:16, 119:20, 109:19, 110:17, Brendan [1] - 5:10
119:11, 119:13, 135:15, 138:19,
140:15 111:12, 124:14, BRENDAN [1] - 5:11
142:19, 143:13 141:15, 146:11,
answering [2] - 6:8, 124:19, 132:12 Brief [1] - 71:2
basis [1] - 141:13 147:23, 149:16,
94:15 Assault [1] - 49:13 brief [2] - 7:12, 47:21
became [5] - 17:22, 151:9, 153:10
answers [1] - 4:11 assault [10] - 20:2, briefly [2] - 7:2, 47:23
36:14, 37:3, 79:20, cases [18] - 10:16,
anyway [2] - 69:12, 20:4, 20:9, 27:11, bring [3] - 31:21,
135:3 13:14, 13:15, 14:7,
95:8 27:15, 88:6, 88:8, 53:15, 102:8
become [1] - 7:20 15:7, 18:3, 18:20,
apartment [1] - 82:15 88:18, 123:4, 149:10 broad [2] - 9:8, 122:13
bed [4] - 63:5, 63:12, 19:18, 19:21, 20:8,
apologize [1] - 147:21 assaulted [2] - 20:14, broadly [1] - 13:16
104:6, 122:3 23:18, 26:19, 45:10,
appeal [24] - 3:15, 103:21 brought [4] - 53:11,
beds [1] - 73:11 86:3, 93:1, 138:10,
6:17, 21:23, 37:3, assertions [1] - 87:22 88:2, 105:22, 143:11
began [1] - 10:12 142:11, 142:19
37:5, 37:6, 37:7, assess [8] - 34:22, budgetary [1] - 9:10
42:3, 59:12, 138:7, beginning [3] - 22:14, causing [1] - 69:4
85:15, 86:19, budgets [1] - 9:11
138:8, 138:21, 58:14, 72:18 cc [1] - 153:22
106:17, 118:8, bullet [3] - 117:7,
139:8, 141:9, begins [2] - 41:1, certainly [2] - 24:7,
118:13, 126:1, 126:4 135:23
141:13, 142:1, 139:15 130:9
assessing [1] - 113:23 bullets [2] - 135:16,
142:5, 145:23, behalf [1] - 98:4 certify [6] - 151:4,
assessments [1] - 135:17
146:21, 147:9, behaving [1] - 115:1 151:7, 151:12,
86:22 business [1] - 9:1
147:10, 148:5, behavior [3] - 117:12, 151:14, 151:16,
assistant [1] - 8:2 BY [3] - 2:4, 2:10, 5:6
148:9, 148:13 117:18, 117:23 152:4
associated [2] -
appeals [3] - 142:10, behaviors [3] - 100:2, chair [3] - 29:6, 29:9,
17:17, 100:3
142:18, 143:21 100:4, 121:12 C 29:11
assume [4] - 33:3,
appear [3] - 19:22, behind [4] - 66:5, challenging [1] -
50:4, 53:1, 75:4
134:14, 135:19 72:14, 73:19, 76:16 calendar [2] - 82:8, 38:21
assumed [1] - 48:5
appearance [1] - belief [1] - 79:1 133:19 change [8] - 42:8,
assumption [5] -
18:20 believes [1] - 92:13 calendars [1] - 133:19 80:8, 87:17, 127:16,
47:11, 52:4, 53:18,
APPEARANCES [2] - below [1] - 152:7 Camacho [2] - 16:6, 143:17, 145:2,
53:23, 105:17
1:17, 2:1 berkshirelegal@ 146:12, 148:20
Attached [1] - 153:8 16:8
appeared [2] - 93:19, gmail.com [1] - 2:5 changed [5] - 41:18,
attempt [2] - 12:3, Campus [1] - 9:10
120:21 best [4] - 96:10, 41:20, 45:2, 79:17,
40:8 cannot [3] - 9:23,
applicable [3] - 54:15, 105:20, 121:4, 152:6 148:19
attempting [1] - 71:22 63:23, 70:18
105:1, 105:9 better [3] - 11:7, 55:2, changes [3] - 9:13,
attend [1] - 22:11 captioned [1] - 153:10
Applicable [2] - 43:19, 116:13 36:21, 145:16
attended [1] - 22:13 capture [1] - 64:8
53:6 between [13] - 4:3, characterized [1] -
attention [7] - 46:14, captured [2] - 36:2,
application [1] - 4:9, 4:18, 31:5, 96:19
53:11, 53:15, 60:9, 148:10
104:14 37:10, 44:13, 47:5, charge [6] - 41:14,
97:9, 105:23, 145:20 captures [1] - 35:21
applied [9] - 45:1, 78:5, 83:10, 85:10, 91:5, 91:20, 94:1,
attorney [2] - 151:16, care [1] - 92:19
54:13, 56:13, 56:17, 137:14, 147:1, 108:15, 146:10
151:18 carried [1] - 70:22
148:23 charged [1] - 28:11
charges [3] - 64:9, collectively [3] - 64:1, 129:18, 130:4, condensed [2] - 26:8, 144:9, 144:11, 3
126:1, 126:4 64:16, 80:12 130:5, 131:12, 113:8 144:13
checked [1] - 22:3 college [1] - 142:4 131:19, 132:3, conduct [3] - 116:20, Consent [6] - 41:2,
choices [1] - 102:20 COLLEGE [4] - 1:7, 132:5, 132:18 139:22, 140:18 47:5, 116:11,
choose [1] - 68:5 151:10, 152:5, 153:6 complaints [5] - 9:19, Conduct [9] - 49:9, 120:23, 139:15,
city [1] - 5:12 College [19] - 1:12, 103:4, 110:2, 111:7, 49:11, 49:18, 49:22, 139:17
Civil [3] - 1:12, 151:5, 2:9, 5:18, 7:15, 8:17, 132:17 50:2, 50:11, 54:12, consented [1] - 74:6
153:11 10:3, 11:21, 16:17, complete [3] - 6:11, 109:7, 134:16 consenting [4] -
claim [4] - 20:9, 88:8, 17:23, 20:20, 28:11, 80:3, 95:1 conducted [2] - 17:10, 116:21, 118:21,
88:19, 102:22 34:4, 80:14, 103:8, completed [2] - 31:9, 75:6 118:22, 119:16
claimed [3] - 75:16, 129:6, 142:18, 95:19 confident [2] - 22:8, consider [21] - 15:10,
75:18, 149:17 149:8, 149:21, 151:6 completely [2] - 123:1 18:8, 32:11, 32:19,
claims [8] - 88:18, College's [7] - 10:22, 95:10, 114:17 confidential [1] - 32:20, 33:8, 33:16,
103:9, 107:13, 18:2, 18:8, 36:14, complex [2] - 40:8, 92:20 44:8, 44:18, 47:17,
121:10, 122:13, 49:10, 49:12, 89:6 109:16 confidentiality [1] - 48:4, 48:10, 62:18,
122:14, 146:3, 146:5 column [7] - 60:12, complexity [1] - 87:15 6:20 68:4, 86:17, 105:5,
clarification [1] - 60:14, 76:6, 76:13, complicated [1] - confidently [7] - 117:5, 117:20,
43:20 76:19, 121:8, 137:10 38:16 10:12, 20:10, 21:7, 118:12, 137:16,
clarifications [2] - columns [1] - 60:9 complicating [1] - 23:14, 23:20, 27:16, 138:14
34:4, 34:19 combination [1] - 110:17 37:8 considerable [3] -
clarified [1] - 148:20 72:17 component [5] - 75:2, confirm [1] - 7:13 101:9, 101:14,
clarify [10] - 14:15, combined [2] - 71:21, 79:14, 87:2, 94:9, confirming [1] - 101:17
18:5, 24:17, 37:14, 72:19 113:11 134:13 consideration [1] -
50:12, 51:12, 87:7, comfortable [2] - components [2] - confirms [1] - 130:10 87:19
127:13, 132:2, 133:8 96:4, 120:18 111:15, 111:20 conflicting [1] - 82:9 considered [7] -
clarity [3] - 64:2, coming [2] - 44:6, comport [1] - 114:11 confluence [2] - 42:18, 50:22, 88:1,
127:11, 128:18 99:2 compound [1] - 90:9 27:17, 27:23 103:14, 106:1,
Clarkson [1] - 9:5 commence [1] - 104:7 COMPUTER [1] - confused [1] - 73:13 129:11, 142:12
classical [1] - 8:22 commenced [1] - 83:1 151:13 conjunction [1] - considering [1] -
classify [5] - 26:7, commencing [1] - COMPUTER-AIDED 17:20 55:10
89:14, 110:8, 118:7, 1:13 [1] - 151:13 connected [3] - 48:20, consisted [1] - 11:5
138:11 Commission [1] - concept [1] - 144:7 75:2, 86:7 consistency [3] -
clear [10] - 6:2, 20:16, 151:23 concern [14] - 61:21, connotation [1] - 18:23, 19:19, 86:15
77:21, 78:2, 89:15, committee [3] - 14:1, 62:2, 62:16, 82:21, 67:19 consistent [7] - 18:14,
93:11, 125:3, 87:20, 137:17 85:18, 101:21, connote [2] - 68:6, 19:4, 19:14, 83:23,
135:22, 144:10, Committee [1] - 107:8 104:12, 104:18, 68:12 88:12, 89:1, 148:22
144:12 Commonwealth [1] - 104:22, 109:23, consent [72] - 38:3, constitutes [5] -
clearly [10] - 57:10, 151:3 110:9, 110:10, 38:11, 42:12, 55:21, 105:2, 105:8,
57:15, 58:8, 79:6, communicate [1] - 111:22, 129:4 56:3, 56:15, 56:22, 105:11, 140:5, 141:4
94:11, 111:17, 140:3 concerned [4] - 62:7, 57:9, 57:22, 58:9, contact [2] - 139:22,
114:5, 140:16, communicating [1] - 106:2, 129:10, 58:12, 59:6, 59:15, 140:2
140:20, 140:22 112:3 138:12 59:18, 60:18, 60:19, contain [2] - 49:17,
close [2] - 10:1, 51:11 communication [1] - concerning [1] - 151:9 61:3, 61:7, 62:7, 49:21
closely [1] - 9:11 54:7 concerns [1] - 105:22 62:19, 64:23, 65:14, contained [4] - 31:17,
clothes [2] - 73:9, compared [2] - 37:11, conclude [5] - 38:16, 70:18, 70:20, 70:21, 42:19, 52:20, 58:23
104:7 44:14 87:5, 103:12, 74:9, 74:16, 76:20, content [7] - 11:9,
clouded [1] - 97:21 compelling [1] - 96:15 118:18, 122:20 76:21, 76:23, 77:10, 25:23, 47:3, 59:22,
Code [11] - 49:9, compiled [1] - 10:19 concluded [5] - 59:14, 77:12, 77:18, 77:23, 63:2, 86:22, 126:6
49:10, 49:18, 49:22, complain [1] - 149:9 69:13, 118:22, 78:11, 78:14, 78:16, context [15] - 25:6,
50:2, 50:10, 54:12, complainant [8] - 120:1, 150:4 79:3, 79:16, 79:22, 27:12, 27:23, 41:4,
107:8, 109:6, 15:15, 24:20, 52:13, conclusion [10] - 80:1, 104:15, 105:3, 54:7, 61:7, 61:10,
134:15, 136:1 52:18, 117:11, 34:16, 59:20, 69:7, 105:8, 105:12, 65:18, 72:12, 74:2,
coerced [3] - 63:5, 117:20, 118:3, 92:22, 94:14, 119:7, 114:20, 114:23, 89:16, 94:6, 107:18,
103:7, 103:20 118:20 119:15, 121:1, 115:4, 115:13, 110:21, 123:8
coercion [3] - 103:2, complainants [2] - 143:4, 145:15 115:17, 116:3, continue [1] - 114:8
137:9, 140:1 14:3, 14:6 conclusions [14] - 116:9, 119:23, continued [3] -
cohesive [2] - 31:22, complained [1] - 39:18, 85:17, 86:9, 120:4, 120:9, 110:19, 114:14,
85:19 110:1 96:4, 96:8, 96:10, 120:10, 120:20, 153:9
colleague [1] - 16:9 complaint [14] - 13:12, 96:22, 96:23, 119:9, 121:1, 122:1, 122:9, continuity [1] - 74:5
collect [1] - 31:21 14:16, 45:1, 128:10, 122:23, 143:13, 123:14, 139:21, contradiction [4] -
collected [1] - 10:18 129:5, 129:7, 145:3, 147:5, 147:19 140:3, 140:6, 140:9, 78:3, 78:4, 83:10
141:1, 141:4, 144:5,
contradictions [3] - COUNTY [1] - 151:2 dean [1] - 130:20 69:16 97:15 4
85:10, 95:14, 146:3 couple [3] - 76:10, Dean [20] - 17:23, density [1] - 102:10 determination [8] -
contradictory [2] - 76:18, 149:1 20:20, 22:11, 28:3, departure [1] - 17:21 31:23, 39:1, 41:16,
78:10, 82:22 course [16] - 23:18, 28:7, 28:10, 28:11, dependent [2] - 88:10, 42:14, 43:5, 44:6,
contradicts [1] - 89:19 25:3, 31:19, 50:19, 30:4, 34:4, 42:23, 88:21 59:4, 147:9
contribute [1] - 27:14 52:3, 52:5, 52:6, 43:20, 43:23, 80:14, deponent [5] - 4:15, determine [4] - 32:7,
control [2] - 68:17, 52:23, 53:13, 54:4, 124:18, 125:7, 151:8, 152:2, 34:11, 35:2, 70:7
69:3 70:22, 83:7, 98:14, 125:19, 126:9, 153:11, 153:13 determined [1] - 31:18
convened [2] - 10:10, 99:3, 107:15, 141:14 126:19, 130:16, Deponent [1] - 5:1 determining [1] - 45:5
53:3 COURT [1] - 1:1 133:12 DEPONENT'S [1] - developed [1] - 106:9
conversation [23] - court [1] - 6:4 Dear [1] - 153:7 152:21 developing [1] - 41:22
7:12, 25:10, 26:3, Court [2] - 1:22, December [4] - 107:1, deposed [2] - 7:11, diagonally [1] - 73:11
28:21, 30:10, 37:17, 151:10 130:16, 130:17, 7:13 1] - 118:22
44:3, 46:8, 47:11, covered [1] - 56:6 130:19 DEPOSITION [1] - [2] - 120:15,
55:19, 56:3, 62:23, create [1] - 18:19 decide [3] - 54:10, 1:11 128:9
98:15, 107:15, created [2] - 39:13, 108:23, 148:16 deposition [37] - 4:16, difference [3] - 37:10,
112:8, 123:12, 40:18 decided [2] - 130:20, 4:20, 5:20, 6:10, 44:12, 47:4
126:11, 126:20, creating [2] - 29:19, 143:1 6:15, 7:1, 7:7, 21:11, differences [2] -
127:8, 137:20, 40:13 decision [10] - 35:4, 25:19, 28:3, 39:22, 147:4, 147:18
138:1, 146:15, 147:6 credibility [13] - 34:23, 42:3, 56:7, 64:12, 40:23, 43:3, 49:3, different [10] - 11:22,
conversation/clarity 35:3, 86:20, 87:3, 80:4, 104:13, 138:8, 50:9, 60:3, 61:15, 44:19, 73:17, 77:20,
[1] - 124:9 87:7, 87:14, 88:5, 143:18, 143:21, 63:20, 77:6, 93:19, 89:10, 89:11, 100:2,
conversations [9] - 88:7, 88:21, 89:21, 145:17 99:3, 112:11, 121:7, 138:13, 144:22,
12:3, 48:23, 68:10, 108:8, 109:11, decision-making [1] - 124:2, 124:3, 124:6, 149:14
83:5, 83:8, 96:3, 109:15 80:4 126:8, 127:20, difficult [1] - 82:10
100:10, 128:14, credible [11] - 18:13, decisive [1] - 141:6 129:15, 131:7, difficult-to-match-up
138:11 19:4, 19:13, 86:23, dedicated [2] - 22:15, 134:22, 144:9, [1] - 82:10
conveyed [1] - 126:9 87:6, 87:12, 88:3, 26:1 150:4, 151:4, direct [3] - 8:12,
cooperation [1] - 109:20, 111:18, Defendant [2] - 1:8, 151:14, 151:17, 100:10, 146:15
153:17 114:22 2:9 153:9 DIRECT [2] - 3:2, 5:6
copies [4] - 24:3, 24:4, cried [1] - 107:8 defendant [2] - 25:7, depositions [3] - 7:5, directing [1] - 60:8
24:10, 24:11 criminal [1] - 88:17 52:19 7:11, 90:4 direction [1] - 151:13
copy [2] - 25:5, 153:15 cross [1] - 130:11 define [2] - 27:21, describe [4] - 38:19, directly [4] - 15:20,
correct [48] - 8:13, CROSS [1] - 3:2 33:10 72:5, 117:16, 121:5 86:7, 122:17, 123:3
8:14, 13:21, 21:3, cross-verify [1] - defined [1] - 38:5 described [6] - 61:22, director [2] - 7:18, 8:2
25:12, 25:21, 30:2, 130:11 defining [3] - 13:16, 68:9, 96:7, 114:21, disagree [1] - 57:6
30:7, 30:18, 33:9, crux [2] - 121:10, 42:12, 57:21 117:21, 121:21 discern [1] - 93:16
33:14, 40:4, 48:7, 122:12 definition [7] - 38:1, describes [2] - 71:9, discerning [2] - 93:9,
49:16, 49:20, 50:9, culture [3] - 27:14, 42:5, 58:20, 101:17, 74:13 93:12
53:16, 55:6, 56:8, 149:8, 149:11 127:11, 128:20, describing [1] - disciplinary [2] -
56:9, 56:13, 62:5, cumulative [1] - 132:11 102:23 128:6, 147:8
62:12, 65:1, 66:11, 120:22 definitions [4] - 11:22, DESCRIPTION [1] - discomfort [7] -
67:9, 72:8, 73:21, current [4] - 8:5, 9:7, 38:3, 56:3, 119:23 3:5 66:12, 69:2, 69:4,
74:17, 75:15, 77:13, 12:23, 47:5 definitive [3] - 40:17, description [3] - 69:8, 71:9, 72:7,
83:22, 93:8, 97:22, customization [1] - 44:18, 123:17 45:19, 118:6, 122:1 74:13
103:23, 104:8, 26:19 definitively [6] - 13:6, descriptions [2] - discrepancy [1] -
117:19, 124:19, Cynthia [1] - 148:4 42:7, 65:16, 117:3, 107:14, 107:22 53:12
126:9, 126:19, 130:12, 146:13 design [1] - 68:1 discuss [12] - 26:4,
130:15, 132:18,
134:4, 138:20,
D degree [2] - 8:16, designated [2] - 29:9, 30:8, 44:12, 46:1,
92:10 29:12 46:4, 46:20, 47:4,
140:10, 140:17, degrees [1] - 8:23 designed [1] - 132:13 98:11, 111:2,
141:1, 148:9 Daryl [2] - 7:2, 153:4 deliberated [1] - desired [1] - 153:15 145:21, 145:22,
correction [1] - 153:15 DARYL [1] - 2:10 113:11 desires [2] - 112:3, 146:1
corrections [3] - daryl.lapp@ deliberating [1] - 121:20 discussed [7] - 30:19,
152:7, 153:12, lockelord.com [1] - 41:13 detail [3] - 27:9, 30:21, 31:6, 44:20, 47:2,
153:14 2:11 deliberation [2] - 112:7 53:7, 127:9, 129:9
counsel [3] - 151:16, date [6] - 10:7, 12:19, 108:15, 110:8 details [9] - 9:10, 61:9, discussing [3] -
151:18, 152:2 13:4, 16:2, 16:18, deliberations [4] - 63:14, 96:2, 103:1, 83:10, 144:8, 146:21
count [2] - 84:21, 40:17 39:9, 41:18, 64:9, 107:2, 107:6, 131:3, discussion [7] -
84:22 day-long [1] - 25:23 113:9 147:22 30:13, 30:23, 31:3,
counts [2] - 39:2, days [2] - 152:2, demonstrates [1] - deteriorated [1] - 40:16, 47:3, 146:23,
103:1 153:12
147:18 32:18, 33:3 26:2 exactly [4] - 10:11, 95:14, 97:20 5

Discussion [1] - 124:1 end [5] - 25:1, 25:8, 21:9, 40:9, 81:22 express [5] - 61:22,
discussions [1] - E 84:15, 118:10, 128:1 exaggerate [1] - 146:4 62:3, 114:12,
98:14 engage [1] - 84:15 EXAMINATION [1] - 114:13, 144:7
dismissed [1] - 95:16 engaged [2] - 81:6, 5:6 expressed [4] - 57:10,
early [1] - 17:21 57:15, 58:8, 114:4
distinction [1] - 120:18 example [2] - 24:17,
easier [4] - 6:4, 29:5, extended [1] - 87:16
137:14 engaging [1] - 102:12 26:12
29:16, 133:13 extra [1] - 29:18
distinctions [1] - enhance [1] - 113:14 examples [1] - 26:3
easy [3] - 138:8,
147:1 enhanced [1] - 79:15 Excel [1] - 29:19 extraneous [2] - 33:8,
138:12, 138:17
DISTRICT [2] - 1:1, 1:1 enormous [1] - 90:20 except [3] - 4:4, 12:22, 33:10
economy [1] - 113:13
District [2] - 151:10 entire [3] - 45:17, 63:16 extricate [2] - 66:21,
edit [1] - 40:12 67:1
Division [1] - 9:10 50:22, 85:16 exception [1] - 152:7
edited [2] - 63:23,
divisional [1] - 7:19 entirely [1] - 70:22 excerpts [1] - 23:5
80:12
Docket [1] - 1:3
effect [15] - 41:21,
entirety [1] - 116:14 exchange [1] - 124:16 F
document [18] - 3:7, entry [2] - 75:15, excluded [1] - 51:3
43:21, 48:3, 48:14,
21:19, 40:11, 41:4, 116:18 exclusively [1] - 34:2
49:14, 134:7, fabricate [1] - 146:5
43:9, 46:17, 61:16, equate [1] - 65:9 excruciating [1] - 27:9
135:12, 136:5, facilitate [1] - 29:16
61:18, 78:10, 80:13, ERRATA [1] - 152:1 excuse [1] - 146:12
136:10, 138:23, facilitator [1] - 17:19
82:11, 85:16, Errata [2] - 153:8, exhibit [7] - 12:8,
139:14, 140:7, fact [29] - 26:17,
108:21, 114:1, 153:14 15:9, 15:22, 64:20,
141:10, 141:23, 33:20, 34:5, 34:8,
137:3, 137:15, error [2] - 80:16, 73:5, 123:19, 123:20
144:4 34:12, 34:14, 51:21,
139:7, 139:16 138:16 EXHIBIT [1] - 3:5
effective [5] - 36:14, 52:17, 54:11, 66:18,
documents [7] - escalate [2] - 107:13, Exhibit [52] - 3:9,
37:23, 38:5, 38:11, 67:14, 69:8, 70:18,
38:15, 51:3, 102:8, 107:14 3:10, 3:13, 12:13,
135:3 71:21, 84:9, 92:5,
116:14, 131:16, escaped [1] - 131:4 12:14, 15:23, 21:10,
effectively [4] - 26:10, 93:20, 102:7,
133:11, 134:13 escorted [1] - 107:10 23:2, 23:3, 27:4,
57:5, 61:12, 80:17 104:23, 106:8,
Doe [14] - 6:19, 20:23, especially [1] - 106:8 28:2, 30:15, 39:7,
effort [2] - 18:22, 108:8, 111:1, 116:3,
24:22, 52:5, 64:5, espouse [1] - 102:18 39:22, 40:22, 43:2,
27:12 118:18, 131:14,
64:8, 91:4, 109:19, ESQUIRE [2] - 2:4, 45:12, 45:13, 45:14,
eight [2] - 10:1, 133:11, 136:17,
112:17, 115:1, 2:10 46:10, 46:12, 47:23,
135:16 141:22, 145:9
116:6, 132:12, Esquire [2] - 153:4, 49:2, 50:8, 57:23,
either [2] - 20:22, fact-finding [5] -
132:16, 137:18 153:22 60:2, 61:14, 63:19,
145:9 33:20, 34:12, 34:14,
DOE [4] - 1:5, 151:9, essentially [3] - 143:4, 77:5, 97:3, 97:6,
Elanie [4] - 83:17, 51:21, 52:17
152:5, 153:6 148:16, 148:17 112:10, 113:16,
83:19, 84:6, 85:11 facto [1] - 46:2
Done [1] - 150:2 event [8] - 45:8, 54:16, 121:7, 124:5,
elapsed [1] - 102:3 factor [2] - 147:7,
done [8] - 6:7, 14:1, 85:7, 86:7, 88:11, 125:16, 125:17,
elements [3] - 87:18, 147:17
19:18, 59:17, 61:2, 88:22, 101:13, 126:7, 127:5,
88:3, 132:8 facts [17] - 10:21,
81:8, 103:21, 132:16 101:23 127:19, 129:14,
ELIN [1] - 2:4 33:4, 33:23, 34:17,
doubt [1] - 35:8 events [12] - 48:10, 131:6, 133:12,
Elin [1] - 5:8 34:21, 41:21, 71:1,
down [3] - 16:18, 59:22, 88:18, 97:21, 134:2, 134:19,
email [4] - 3:11, 3:18, 84:17, 85:16, 104:8,
38:10, 124:11 107:22, 118:6, 134:21, 137:5,
124:16, 126:10 122:1, 122:7,
draw [6] - 34:16, 130:9, 134:6, 135:1, 139:5, 141:18,
emails [2] - 28:4, 28:5 132:21, 145:5,
85:17, 86:9, 94:13, 135:5, 136:4, 136:9 143:23, 146:18,
Eman [2] - 84:14, 145:12, 146:2,
96:22, 119:7 evidence [33] - 15:16, 146:19
85:11 146:21
drew [5] - 69:7, 96:5, 31:17, 32:11, 33:4, exhibits [1] - 31:16
embedded [1] - 94:9 Failure [2] - 43:18,
96:9, 96:23, 147:5 33:12, 33:16, 35:10, existed [1] - 115:18
embellish [1] - 107:20 53:5
driver's [1] - 5:3 35:11, 35:14, 35:18, exists [1] - 27:14
emotion [1] - 97:21 fair [4] - 12:1, 62:13,
drugs [4] - 77:11, 69:14, 85:22, 86:9, experience [5] - 12:4,
emotional [1] - 15:13 65:9, 106:5
78:2, 78:13, 78:15 86:12, 86:17, 93:6, 29:14, 46:3, 70:23,
emotions [1] - 15:14 fairness [1] - 51:4
due [3] - 74:15, 94:8, 93:9, 93:13, 94:12, 149:3
employed [3] - 7:15, fall [2] - 82:1, 136:2
95:16 96:5, 99:7, 100:16, experienced [1] -
151:17, 151:18 Falls [1] - 2:3
duly [2] - 5:3, 151:8 108:23, 111:19, 149:11
employee [3] - 110:11, falls [2] - 13:22,
during [10] - 18:9, 118:7, 118:14, Expires [1] - 151:23
110:19, 111:1 134:22
37:21, 38:2, 44:7, 120:12, 122:2, explain [1] - 43:11
employment [1] - 5:17 false [1] - 130:20
70:2, 75:21, 84:13, 122:3, 132:16, explained [1] - 37:12
enc [1] - 153:22 familiar [2] - 20:22,
110:12, 116:5, 142:6, 145:10, 147:2 explaining [2] - 131:8,
encompass [2] - 61:16
138:20 evolved [1] - 109:17 131:11
67:16, 68:9 familiarizing [1] - 30:4
During [1] - 37:9 evolves [1] - 137:15 explains [1] - 95:17
encounter [4] - 66:17, far [4] - 39:11, 74:12,
duties [3] - 9:7, 9:15, ex [1] - 46:1 explanation [1] - 69:2
66:22, 69:11, 76:15 106:7, 106:8
10:15 exact [4] - 9:23, 16:18, explicit [1] - 109:5
encouraging [1] - Federal [2] - 1:12,
duty [4] - 29:15, 32:10, 23:19, 51:5 explored [3] - 71:4,
151:5
feelings [12] - 15:11, focused [1] - 30:11 generally [1] - 87:14 141:8, 141:17 hysterically [1] - 6
100:2, 100:4, 106:9, focusing [1] - 45:18 generic [1] - 12:1 hearing [32] - 10:4, 107:8
117:6, 117:16, focussing [1] - 78:22 gestured [1] - 93:20 10:15, 18:3, 20:18,
117:22, 118:5, follow [2] - 28:21, given [40] - 24:3, 24:8, 20:21, 21:20, 21:22, I
118:8, 118:13, 30:12 26:4, 30:9, 32:17, 22:1, 23:7, 30:16,
118:15, 121:20 follow-up [2] - 28:21, 35:7, 35:13, 35:15, 36:5, 36:8, 37:21,
felt [38] - 15:5, 62:6, 37:22, 38:23, 39:5, i.e [1] - 119:6
30:12 36:18, 41:19, 42:9,
66:5, 66:6, 66:22, 43:1, 47:9, 47:12, 42:1, 44:7, 52:8, idea [2] - 16:4, 79:15
following [3] - 40:14,
67:13, 71:20, 72:3, 48:19, 50:13, 50:14, 54:5, 55:21, 56:10, identified [5] - 5:2,
71:5, 152:7
72:7, 72:15, 73:13, 50:20, 52:9, 56:17, 139:8, 141:22, 108:2, 126:20,
follows [2] - 5:5, 31:2
79:4, 80:18, 86:18, 59:7, 60:18, 60:19, 142:14, 142:22, 143:11, 145:21
force [1] - 122:3
87:18, 87:23, 88:3, 61:8, 70:21, 105:16, 143:1, 146:10, identify [1] - 60:7
forced [5] - 63:5,
88:4, 90:22, 92:10, 109:4, 110:21, 146:22, 147:9, ignore [2] - 85:10,
84:14, 84:18, 103:6,
106:4, 109:18, 115:19, 118:14, 147:10, 148:5 85:15
103:23
111:10, 111:13, 120:4, 120:10, held [1] - 22:5 ignores [1] - 104:23
foregoing [1] - 152:4
111:18, 114:22, 122:2, 122:7, 139:9, help [4] - 80:14, imagine [1] - 47:1
forgive [1] - 109:10
116:9, 117:21, 139:23, 140:17, 117:13, 121:19, immediately [2] -
form [32] - 4:5, 14:10,
118:4, 120:18, 151:14, 152:5 148:8 88:10, 88:22
14:12, 14:23, 40:6,
122:15, 128:17, goal [1] - 113:6 helpful [1] - 26:20 impact [2] - 18:18,
42:16, 43:7, 51:23,
132:7, 143:16, Gordon [1] - 5:10 hence [1] - 76:17 100:11
58:6, 72:10, 73:23,
144:20, 144:23, 78:8, 80:10, 82:6, GORDON [6] - 1:11, hereby [3] - 4:21, impacts [1] - 100:14
148:18, 148:22 83:3, 83:14, 85:3, 3:3, 5:1, 151:4, 151:4, 152:4 impaired [8] - 70:17,
female [3] - 13:12, 89:3, 91:15, 95:22, 152:4, 153:9 hereto [1] - 151:18 74:3, 76:22, 77:10,
14:4, 14:6 99:18, 100:8, graduate [1] - 8:23 herself [2] - 66:21, 78:1, 78:13, 78:19,
females [2] - 13:14, 100:19, 109:4, granted [2] - 142:3, 67:1 79:2
14:2 114:10, 115:23, 142:11 hesitate [1] - 123:16 impairment [1] - 77:7
few [3] - 16:16, 21:19, 120:14, 126:14, gravity [1] - 107:21 high [4] - 91:6, 91:20, implemenation [1] -
136:17 132:1, 143:7, 146:8, great [2] - 92:19, 92:10, 92:14 48:11
field [1] - 88:17 151:13 125:22 highly [2] - 92:19, implicit [1] - 109:5
filed [2] - 14:16, 129:5 formed [1] - 47:9 greater [1] - 127:10 111:18 implied [2] - 85:7,
filing [1] - 131:12 forward [3] - 69:11, green [3] - 82:13, himself [2] - 84:14, 104:14
filled [1] - 94:22 69:12, 88:2 97:9, 121:9 84:18 implies [1] - 75:23
final [9] - 63:21, 64:3, four [6] - 41:6, 44:14, grooms [1] - 111:3 hmm [6] - 30:17, important [3] -
64:7, 113:4, 113:6, 49:5, 49:7, 83:16, gross [1] - 70:10 39:23, 47:15, 54:2, 108:12, 126:12,
133:4, 137:17, 129:17 grounded [1] - 137:2 64:4, 71:7 126:22
137:23, 143:21 frame [2] - 16:18, Grounds [1] - 3:15 hold [2] - 7:17, 7:23 impression [3] -
financially [1] - 151:18 135:22 groups [1] - 12:2 honest [2] - 89:8, 136:4, 136:8, 136:12
findings [19] - 35:21, framework [4] - 36:23, guess [8] - 29:4, 89:15 in-person [1] - 21:5
36:2, 63:21, 64:7, 48:20, 75:12, 147:4 39:15, 74:19, 78:20, honestly [3] - 10:7, inability [2] - 66:20,
66:10, 67:6, 67:8, Franklin [1] - 8:17 82:7, 89:14, 118:9, 44:10, 81:23 79:5
79:9, 79:11, 80:3, freely [2] - 139:23, 137:13 Honor [2] - 107:8, incident [8] - 83:18,
93:14, 106:4, 140:17 guidance [1] - 41:15 136:1 84:9, 85:1, 85:20,
109:21, 111:17, friends [1] - 110:3 guilty [3] - 14:17, Hoosick [1] - 2:3 94:13, 119:5,
113:4, 113:6, 113:9, front [4] - 50:6, 51:1, 14:19, 15:3 hope [2] - 53:12, 92:5 137:12, 145:1
114:2, 133:2 53:17, 108:18 hopefully [1] - 113:7 incidents [1] - 148:3
finish [2] - 90:5, include [4] - 13:11,
full [6] - 22:9, 25:17, H Hopkins [2] - 1:12,
25:13, 32:14, 113:10
148:14 25:22, 35:22, 36:3, 151:6
firm [1] - 56:10 148:10 hostile [1] - 27:19 Include [2] - 43:19,
FIRM [1] - 2:2 fully [1] - 120:17 Haley [1] - 148:4 Houghton [5] - 1:11, 53:6
first [22] - 4:6, 4:12, fundamentally [1] - half [2] - 63:13, 102:13 1:22, 151:3, 151:22, included [15] - 11:9,
6:12, 6:14, 22:5, 79:17 Hall [2] - 1:13, 151:6 153:20 23:8, 26:5, 26:16,
29:23, 30:8, 30:22, fundamentals [1] - HAMPDEN [1] - 151:2 hour [2] - 22:6, 22:10 32:5, 32:16, 33:12,
31:5, 36:8, 39:8, 148:21 hand [5] - 23:1, 50:8, hours [1] - 11:4 34:15, 35:3, 43:14,
43:15, 51:19, 57:13, 60:10, 143:21, Human [1] - 9:12 50:21, 52:14, 67:5,
59:10, 112:1, 117:7, 151:20 111:20, 131:9
121:20, 127:21,
G handed [1] - 30:3
human [1] - 80:15
including [3] - 19:19,
Huntington [2] - 2:8,
135:16, 135:17, hands [2] - 69:19, 153:5 32:15, 42:4
151:8 G-O-R-D-O-N [1] - 93:21 inconsistencies [5] -
hurt [5] - 66:8, 72:5,
five [3] - 43:12, 83:16, 5:11 happy [1] - 117:1 86:5, 86:10, 108:10,
72:7, 72:16, 72:20
83:19 gaps [2] - 94:21, 96:7 hard [2] - 106:9, 108:20, 109:1
hypothetical [2] -
focus [3] - 41:9, general [3] - 87:8, 108:18 inconsistency [1] -
89:14, 90:7
45:21, 53:21 91:2, 132:22 Haynes [3] - 3:16, 18:20
increase [1] - 107:21 inherent [1] - 47:10 investigative [4] - 106:20, 107:2, 36:21, 36:23, 41:18,7
indecisive [2] - initial [6] - 70:20, 24:15, 41:7, 49:4, 109:6, 113:3, 114:4, 41:19, 41:20, 43:8,
105:10, 140:4 128:14, 142:14, 54:4 114:23, 116:6, 49:17, 49:21, 50:10,
independent [3] - 142:22, 143:1, investigator [10] - 128:10, 131:8, 57:17, 57:19, 57:20,
10:19, 15:17, 22:21 143:18 10:20, 15:17, 22:21, 131:20, 134:4, 67:9, 144:6, 145:16,
independently [1] - initiate [3] - 76:9, 31:17, 31:18, 51:22, 136:15, 137:18, 148:19
27:22 84:19, 95:18 52:12, 84:18, 85:12, 138:3, 149:4 LaPorte [1] - 149:21
indicate [12] - 28:13, initiated [1] - 66:17 102:23 John's [16] - 3:9, 3:10, LAPP [139] - 2:10,
60:20, 67:12, 67:22, instance [2] - 87:8, invited [2] - 36:22, 3:14, 43:13, 45:12, 12:9, 14:11, 14:22,
73:16, 86:17, 96:6, 87:10 44:16 46:10, 75:5, 97:6, 16:12, 16:23, 18:4,
116:2, 126:5, instances [1] - 15:2 inviting [1] - 43:23 98:4, 112:1, 129:7, 18:15, 19:5, 19:15,
139:22, 140:16, instruction [1] - 109:5 involve [4] - 11:15, 129:17, 129:21, 21:15, 23:10, 27:3,
140:18 insufficient [2] - 13:14, 13:15, 14:2 130:9, 134:2, 147:7 28:9, 28:19, 33:5,
indicated [9] - 22:7, 66:13, 74:15 involved [3] - 21:4, jostled [1] - 106:21 33:21, 36:16, 38:7,
64:21, 66:16, 70:20, intend [3] - 69:10, 74:5, 80:16 July [2] - 7:22, 83:18 40:5, 41:3, 42:15,
71:18, 99:8, 124:17, 69:16, 70:8 involves [1] - 144:10 June [3] - 83:18, 43:6, 46:5, 46:16,
125:5, 126:4 intended [3] - 67:15, involving [4] - 26:14, 151:20, 153:2 47:7, 48:16, 53:9,
indicates [7] - 72:16, 120:16, 133:5 137:12, 138:4, jury [1] - 33:20 54:18, 55:7, 55:17,
74:2, 97:12, 98:9, intentionally [1] - 145:23 55:23, 58:5, 59:8,
116:21, 127:16, 121:12 irrelevant [1] - 74:16 K 60:6, 60:13, 62:1,
136:23 interacting [1] - 16:5 isolation [1] - 105:6 62:21, 63:7, 65:5,
Indicating [12] - 31:3, interaction [2] - 60:21, issue [13] - 36:20, 65:11, 66:14, 67:20,
Kathleen [5] - 1:11, 69:5, 70:9, 71:13,
39:18, 42:6, 55:6, 61:8 51:1, 52:22, 53:1,
1:22, 151:3, 151:22, 72:9, 73:4, 73:22,
61:17, 81:3, 94:2, intercourse [6] - 60:5, 69:3, 74:16, 95:16,
153:20 74:18, 75:8, 78:7,
117:9, 124:12, 63:17, 73:20, 82:18, 108:8, 109:15,
127:1, 127:23, 146:6 keep [2] - 29:20, 92:19 80:6, 80:9, 81:21,
104:7, 122:18 120:20, 124:9,
indicating [3] - 72:13, kind [3] - 69:9, 75:12, 82:5, 83:2, 83:13,
interested [1] - 151:19 143:11, 143:12
134:15, 153:14 86:4 84:4, 84:7, 84:20,
interests [1] - 112:1 issued [1] - 63:22
indicative [1] - 122:15 kindly [1] - 6:7 85:2, 85:13, 85:21,
interpret [1] - 133:17 issues [6] - 9:12, 52:7,
indicator [2] - 102:9, kiss [1] - 70:1 88:13, 89:2, 89:12,
interpretation [2] - 74:5, 134:16,
116:6 Klass [7] - 8:6, 8:12, 89:22, 90:3, 90:9,
71:1, 128:15 145:22, 148:8
indicators [1] - 64:22 28:18, 107:12, 90:13, 90:18, 91:8,
interpretations [1] - items [2] - 11:1, 42:18
individual [6] - 17:14, 133:7, 133:12, 91:14, 91:22, 92:8,
86:6 iteration [1] - 41:23
133:15 92:16, 93:10, 94:3,
70:16, 76:22, 77:9, interpreted [4] - itself [7] - 30:12,
77:22, 78:17 Klass's [1] - 121:8 94:16, 95:1, 95:7,
59:19, 72:12, 65:15, 74:22, 78:10,
individual's [1] - kmh [1] - 152:23 95:10, 95:21, 96:17,
105:19, 116:11 87:20, 103:22,
99:13 knowing [2] - 17:4, 97:4, 97:17, 97:23,
interpreting [1] - 148:21
individuals [2] - 17:6 98:3, 98:7, 98:20,
15:16 IX [7] - 3:12, 124:14,
90:23, 110:14 knowledge [5] - 12:6, 99:9, 100:7, 100:18,
interview [5] - 72:22, 124:18, 128:10,
17:4, 29:2, 151:9, 101:2, 101:15,
infer [1] - 62:19 72:23, 73:2, 73:17, 131:12, 132:4,
152:6 102:1, 102:16,
inferred [3] - 55:22, 84:2 132:18
known [2] - 56:14, 104:1, 104:9,
104:15, 112:23 interviews [1] - 82:23
147:13 104:16, 105:4,
influence [3] - 77:11, intimately [1] - 70:2 J Kurker [2] - 32:6, 105:13, 106:10,
78:15, 149:3 intimidated [1] -
104:5 107:23, 108:16,
information [47] - 103:20
job [3] - 6:4, 31:20, Kurker's [1] - 31:20 110:4, 110:15,
10:18, 10:21, 11:11, intimidating/
149:15 111:8, 112:5,
13:1, 18:22, 19:19, controlling [1] -
20:15, 23:21, 24:9, 121:13
JOHN [4] - 1:5, 151:9, L 112:21, 114:9,
152:5, 153:6 114:16, 115:22,
24:10, 25:8, 26:5, intoxicated [2] -
John [51] - 6:18, 116:22, 118:1,
31:21, 32:4, 32:19, 83:20, 116:4 labeled [1] - 37:7
20:22, 24:22, 39:2, 118:23, 119:12,
32:20, 33:9, 34:15, intoxication [3] - Labor [4] - 36:15,
44:9, 44:13, 46:21, 119:19, 120:5,
35:2, 35:15, 36:18, 76:20, 77:18, 95:16 84:23, 85:20, 101:13
47:6, 50:10, 51:5, 120:8, 120:13,
43:1, 47:10, 50:5, investigating [1] -
52:4, 54:17, 56:7, lack [13] - 62:7, 65:14, 122:10, 123:10,
51:15, 51:18, 52:4, 129:7
59:5, 59:18, 61:4, 71:19, 72:19, 75:3, 123:21, 126:13,
53:16, 54:6, 56:18, investigation [11] - 62:18, 63:4, 64:5, 95:17, 105:2, 105:8, 128:12, 130:7,
58:18, 58:23, 95:17, 25:4, 31:20, 50:19, 64:8, 68:16, 69:18, 105:11, 120:9, 130:22, 131:23,
96:9, 99:14, 105:17, 51:15, 52:17, 52:23, 73:12, 74:20, 81:5, 140:3, 140:6, 141:4 132:6, 132:19,
105:18, 106:17, 53:7, 53:13, 102:4, 82:16, 83:21, 84:14, lacks [1] - 89:20 134:8, 136:19,
110:20, 111:12, 110:13, 128:6 84:18, 97:14, 97:19, Lancaster [1] - 8:18 137:1, 140:11,
119:5, 122:22, investigations [3] - 98:1, 98:5, 103:8, landed [1] - 96:13 143:6, 144:14, 146:7
129:8, 130:3, 88:7, 88:18, 88:20 103:19, 104:5, language [17] - 34:20, Lapp [2] - 153:4,
139:10, 143:14
153:7 likewise [1] - 33:7 major [1] - 8:21 means [6] - 27:23, 141:11, 142:1 8
lapse [1] - 142:7 Line [1] - 152:8 males [1] - 13:15 38:1, 38:11, 91:10, Misconduct [4] - 36:6,
lapses [1] - 142:20 line [6] - 58:3, 58:4, manages [1] - 133:19 139:21, 151:13 49:14, 55:14, 113:18
large [1] - 151:4 67:4, 71:21, 137:23, manner [1] - 75:6 meant [3] - 50:16, misleading [1] -
largely [1] - 122:15 153:14 March [3] - 136:1, 51:11, 67:11 109:14
larger [4] - 25:16, linear [1] - 99:15 137:11 meet [4] - 124:13, misrepresents [2] -
26:16, 43:8 list [2] - 113:21, 146:6 mark [14] - 12:8, 124:17, 125:7, 85:22, 114:17
last [12] - 22:6, 31:9, listed [2] - 135:2, 12:13, 15:22, 21:12, 132:10 missing [4] - 120:3,
60:9, 60:11, 60:13, 152:7 45:13, 46:11, 127:3, meeting [36] - 21:22, 120:9, 120:11,
81:13, 81:17, 82:2, literally [3] - 113:21, 134:17, 139:4, 22:1, 22:5, 22:12, 120:12
90:16, 109:13, 122:21, 130:4 139:16, 139:19, 22:13, 22:15, 22:18, model [2] - 27:17,
127:20, 135:19 living [1] - 102:12 141:17, 143:22, 24:4, 24:6, 30:1, 27:23
lasted [1] - 22:9 LLP [2] - 2:7, 153:4 146:17 30:2, 30:8, 30:15, moments [2] - 129:5,
late [3] - 16:11, 16:13, locations [1] - 5:15 marked [16] - 12:14, 30:18, 30:21, 30:22, 130:4
130:16 LOCKE [1] - 2:7 15:23, 23:3, 45:14, 31:2, 31:5, 31:8, money [1] - 136:14
LAW [1] - 2:2 Locke [1] - 153:4 46:12, 66:3, 71:5, 31:10, 36:9, 39:3, months [2] - 10:9,
law [1] - 88:17 lodged [1] - 130:4 100:1, 125:16, 39:4, 39:8, 39:14, 110:3
lawyer [1] - 7:2 logic [1] - 96:8 127:5, 134:19, 39:15, 39:17, 40:3, mood [1] - 82:19
lead [1] - 75:1 logical [1] - 102:20 139:5, 141:18, 40:14, 40:19, 51:19, moral [4] - 91:7,
leading [3] - 37:22, look [34] - 12:15, 16:1, 143:23, 145:23, 51:20, 125:10, 91:21, 92:11, 92:15
40:15, 141:14 19:18, 20:7, 21:17, 146:19 125:18, 125:21, morning [2] - 5:7,
learning [1] - 129:6 23:5, 25:22, 27:1, marking [1] - 23:2 148:5 130:19
least [5] - 16:10, 21:6, 28:4, 30:14, 41:1, Marlene [6] - 17:22, meetings [5] - 21:5, most [4] - 12:23, 50:5,
25:9, 88:17, 142:19 43:15, 45:15, 54:8, 20:19, 64:2, 125:5, 21:7, 21:20, 21:22, 69:1, 69:7
leave [7] - 32:2, 32:8, 57:18, 67:7, 72:11, 127:13, 128:19 37:7 mostly [1] - 30:11
57:7, 94:21, 117:12, 76:7, 80:23, 86:8, Marshall [1] - 8:17 Meg [8] - 17:19, 124:8, motions [1] - 4:10
117:17, 143:20 86:14, 93:9, 103:10, masculinity [1] - 124:14, 124:18, motivation [1] - 146:4
leaving [1] - 67:15 108:20, 112:11, 27:20 124:21, 125:2, mouths [1] - 62:15
led [1] - 96:12 117:6, 118:16, MASSACHUSETTS 125:6, 144:8 move [7] - 69:20, 90:8,
left [2] - 30:4, 113:13 119:3, 119:4, 121:9, [2] - 1:1, 151:1 memory [1] - 116:5 90:11, 104:20,
legitimate [1] - 131:11 124:6, 129:19, Massachusetts [7] - mentally [4] - 77:10, 116:17, 118:16,
lend [1] - 103:22 134:22, 141:19 1:13, 2:8, 5:14, 78:1, 78:12, 78:18 122:5
lengthy [1] - 102:23 looked [2] - 93:19, 151:4, 151:6, mentioned [9] - 18:11, moved [2] - 73:12,
145:12 151:10, 153:5 22:14, 39:21, 68:11, 82:17
lens [3] - 10:22, 15:18,
looking [14] - 34:21, master's [1] - 9:1 83:6, 98:19, 98:23, MR [138] - 12:9, 14:11,
35:15
35:14, 57:4, 79:18, match [2] - 55:15, 99:5, 133:10 14:22, 16:12, 16:23,
less [3] - 12:5, 89:15,
81:17, 94:11, 108:5, 82:10 message [1] - 36:19 18:4, 18:15, 19:5,
110:23
110:22, 118:11, material [6] - 22:9, met [6] - 7:2, 16:10, 19:15, 21:15, 23:10,
Leticia [1] - 141:8
120:22, 127:6, 30:9, 31:1, 31:4, 16:12, 16:16, 21:8, 27:3, 28:9, 28:19,
Leticia's [1] - 141:13
137:4, 139:13, 42:12, 69:15 128:20 33:5, 33:21, 36:16,
letter [28] - 3:16, 3:17,
148:13 materials [11] - 22:19, Michael [1] - 149:21 38:7, 40:5, 41:3,
35:21, 36:2, 56:10,
looks [2] - 13:2, 21:21 22:20, 30:2, 30:5, middle [4] - 58:1, 42:15, 43:6, 46:5,
63:21, 64:7, 65:2,
LORD [1] - 2:7 31:8, 31:12, 36:12, 70:4, 73:20, 74:10 46:16, 47:7, 48:16,
65:7, 66:10, 67:6,
Lord [1] - 153:4 47:1, 51:23, 55:16, midnight [1] - 130:18 53:9, 54:18, 55:7,
67:8, 79:10, 79:11,
79:19, 80:3, 88:4, lost [1] - 79:22 131:10 might [4] - 11:11, 55:17, 55:23, 58:5,
109:22, 113:5, love [1] - 28:17 matter [10] - 54:4, 31:12, 100:16, 109:9 59:8, 60:6, 60:13,
113:6, 113:12, lubricant [1] - 74:23 70:21, 105:10, mind [4] - 15:8, 112:2, 62:1, 62:21, 63:7,
129:3, 133:2, lubricate [3] - 68:18, 105:11, 140:4, 129:16, 137:14 65:5, 65:11, 66:14,
137:23, 141:17, 68:23, 74:21 140:5, 141:5, 151:9, mind-read [1] - 112:2 67:20, 69:5, 70:9,
143:21, 148:10, lubricated [5] - 66:8, 152:5 minds [1] - 145:13 71:13, 72:9, 73:4,
148:14 66:19, 72:4, 72:16, matters [1] - 115:13 minutes [1] - 11:14 73:22, 74:18, 75:8,
letters [1] - 137:18 74:14 mean [17] - 24:2, misapplied [1] - 134:6 78:7, 80:6, 80:9,
level [4] - 91:6, 91:21, lubrication [7] - 66:13, 30:20, 37:7, 37:14, mischaracterization 81:21, 82:5, 83:2,
92:15, 112:7 68:19, 69:9, 71:19, 51:2, 51:13, 57:3, [3] - 70:10, 95:2, 95:5 83:13, 84:4, 84:7,
license [1] - 5:3 72:19, 74:15, 75:3 75:20, 76:12, 93:12, mischaracterizes [2] - 84:20, 85:2, 85:13,
Life [2] - 8:4, 9:11 lying [1] - 73:10 100:9, 115:20, 105:14, 144:15 85:21, 88:13, 89:2,
life [3] - 75:5, 75:10, 118:6, 128:16, misconduct [12] - 89:12, 89:22, 90:3,
133:8, 133:17, 9:19, 10:3, 10:16, 90:9, 90:13, 90:18,
107:9 M 91:8, 91:14, 91:22,
light [3] - 65:19, 147:17 13:19, 13:21, 14:10,
meaning [2] - 69:23, 26:14, 101:10, 92:8, 92:16, 93:10,
141:22, 146:12
Main [1] - 1:13 138:21 138:5, 138:23, 94:3, 94:16, 95:1,
likely [2] - 74:3, 86:13
maintain [1] - 6:19 95:7, 95:10, 95:21,
96:17, 97:4, 97:17, 15:13, 115:12, norm [3] - 76:10, 104:16, 107:23, 129:19, 133:11, 9
97:23, 98:3, 98:7, 120:23, 143:10 76:17, 115:2 110:4, 110:15, 135:7, 145:13
98:20, 99:9, 100:7, necessarily [3] - not.. [1] - 67:9 111:8, 112:5, one's [1] - 97:20
100:18, 101:2, 47:14, 122:17, Notary [3] - 1:11, 112:21, 116:22, ones [7] - 17:14,
101:15, 102:1, 123:13 151:3, 151:22 118:1, 118:23, 17:16, 42:21, 55:9,
102:16, 104:1, need [6] - 6:9, 19:8, note [2] - 76:19, 119:12, 120:5, 109:21, 123:1
104:9, 104:16, 21:16, 26:10, 51:4, 153:11 122:10, 123:10, ongoing [1] - 25:10
105:4, 105:13, 102:4 noted [1] - 153:13 128:12, 130:7, opinion [1] - 20:12
106:10, 107:23, needed [7] - 11:11, notes [3] - 29:21, 130:22, 132:6, opprobium [3] - 91:7,
108:16, 110:4, 47:17, 54:21, 106:1, 60:4, 137:6 132:19, 134:8 91:10, 92:15
110:15, 111:8, 116:7, 127:10, nothing [2] - 50:4, objection [19] - 16:23, opprobrium [3] -
112:5, 112:21, 138:13 151:8 84:20, 85:13, 85:21, 91:21, 92:11, 92:20
114:9, 114:16, needs [1] - 112:1 notice [2] - 55:13, 88:13, 91:22, 92:8, order [3] - 35:3,
115:22, 116:22, negates [2] - 76:20, 109:10 92:16, 93:10, 95:4, 112:17, 128:4
118:1, 118:23, 77:18 notification [1] - 4:19 95:6, 101:15, 102:1, organize [1] - 40:8
119:12, 119:19, Never [1] - 129:16 notified [1] - 147:11 106:10, 108:16, original [5] - 4:20,
120:5, 120:8, never [11] - 15:7, November [3] - 30:16, 114:15, 114:16, 11:10, 41:18, 106:3,
120:13, 122:10, 61:18, 66:4, 72:13, 38:23, 42:4 119:19, 140:11 153:15
123:10, 123:21, 75:17, 75:18, 81:8, nuances [1] - 96:1 objections [2] - 4:4 otherwise [4] - 64:6,
126:13, 128:12, 100:9, 103:19, number [21] - 66:3, obligation [1] - 140:2 70:17, 76:23, 151:18
130:7, 130:22, 110:1, 114:3 68:15, 71:5, 73:3, obviously [2] - 76:13, ought [1] - 20:2
131:23, 132:6, New [1] - 2:3 80:23, 81:4, 81:11, 106:2 outcome [13] - 62:16,
132:19, 134:8, new [6] - 36:23, 60:20, 81:16, 82:13, 83:16, occasion [1] - 83:20 80:18, 112:4, 133:5,
136:19, 137:1, 82:22, 142:6, 84:12, 85:5, 107:13, occur [1] - 111:6 137:17, 138:10,
140:11, 143:6, 143:14, 146:11 124:7, 124:11, occurred [5] - 48:11, 142:13, 142:22,
144:14, 146:7 newer [2] - 144:6, 130:2, 145:21, 55:5, 101:23, 134:7, 143:17, 148:10,
MS [38] - 5:6, 12:7, 144:21 145:23, 146:2, 137:12 148:13, 148:23,
15:21, 17:8, 21:13, next [7] - 6:13, 12:10, 153:14, 153:15 October [12] - 22:6, 151:19
23:12, 27:5, 41:6, 15:22, 40:1, 54:9, 30:1, 37:11, 49:14, outset [6] - 20:13,
41:10, 43:10, 46:18, 54:14, 55:5, 56:21,
51:6, 60:11, 70:13,
67:4, 140:15 O 47:13, 48:18, 50:15,
night [4] - 69:23, 135:3, 135:5, 135:9, 51:19, 74:11
73:6, 80:19, 90:1, 82:16, 103:22, 107:1 135:11, 135:17 overarching [1] -
90:8, 90:11, 90:17, Ninah [20] - 7:5, 7:12, o'clock [1] - 130:18 OF [4] - 1:1, 1:11, 123:14
92:12, 95:3, 95:9, 21:11, 25:18, 39:10, object [32] - 14:11, 151:1, 151:2 overrule [1] - 123:13
97:5, 98:2, 98:5, 39:22, 43:3, 50:8, 14:22, 40:5, 42:15, offer [1] - 116:10 oversee [1] - 9:11
98:22, 101:6, 56:20, 76:6, 76:12, 43:6, 58:5, 70:9, offered [1] - 112:16 own [3] - 36:6, 85:8,
104:19, 105:7, 77:6, 93:4, 93:18, 72:9, 73:22, 78:7, Office [1] - 8:3 112:3
120:11, 123:23, 108:7, 112:19, 80:6, 80:9, 82:5, officially [1] - 149:14
131:21, 134:17, 83:2, 83:13, 84:4,
136:21, 146:17,
124:5, 127:19,
85:2, 89:2, 91:14,
often [2] - 68:17, P
129:14, 131:7 74:21
149:23, 150:2 non [1] - 75:11 95:21, 100:7, once [3] - 10:17,
multiple [2] - 18:21, nonconsensual [35] - 100:18, 105:4, 17:22, 143:11 P.O [1] - 2:3
119:20 13:12, 14:9, 26:15, 105:13, 114:9, packet [24] - 22:20,
one [58] - 6:5, 12:21,
must [2] - 57:9, 141:1 38:1, 41:14, 42:13, 115:22, 120:13, 12:22, 12:23, 13:6, 24:9, 25:1, 25:7,
56:8, 60:5, 65:2, 126:13, 132:1, 13:11, 14:5, 22:2, 30:11, 32:16, 42:10,
N 65:14, 70:23, 76:5, 143:6, 144:14, 146:8 22:6, 29:18, 31:5, 42:23, 43:14, 47:9,
81:7, 84:22, 85:8, objecting [1] - 118:19 31:7, 36:18, 38:22, 50:15, 50:20, 50:22,
87:11, 91:6, 91:20, Objection [62] - 18:4, 39:9, 41:11, 42:9, 51:13, 51:23, 52:2,
name [2] - 5:7, 5:9 18:15, 19:5, 19:15,
92:14, 94:1, 94:8, 45:3, 48:6, 49:19, 52:9, 52:21, 53:17,
named [2] - 149:21, 28:9, 28:19, 33:5,
94:19, 96:16, 96:23, 52:1, 58:3, 58:4, 56:18, 58:18, 58:22,
151:7 33:21, 36:16, 38:7,
97:14, 99:17, 64:5, 66:3, 71:5, 102:10, 105:17
names [1] - 6:18 46:5, 47:7, 48:16,
102:22, 108:14, 73:3, 80:23, 81:4, page [37] - 27:2, 41:6,
narrative [7] - 66:21, 53:9, 54:18, 55:7, 43:12, 43:18, 44:14,
110:6, 119:6, 120:1, 81:10, 83:20, 84:21,
94:12, 96:15, 96:21, 55:17, 55:23, 59:8, 45:11, 45:16, 45:17,
121:22, 122:18, 84:22, 84:23, 85:5,
114:1, 120:7, 120:16 62:1, 62:21, 63:7, 46:10, 49:5, 49:7,
123:9, 139:1 89:9, 89:19, 90:16,
narratives [3] - 69:13, 65:5, 65:11, 66:14, 60:7, 60:8, 60:10,
Nonconsensual [1] - 91:17, 93:5, 96:22,
96:12, 99:14 67:20, 69:5, 74:18, 64:20, 66:1, 68:14,
59:5 105:6, 106:13,
narrow [1] - 119:3 75:8, 84:7, 89:12, 68:21, 71:14, 71:15,
nonconsent [1] - 75:2 106:14, 106:21,
natural [1] - 69:9 89:22, 91:8, 94:3, 73:4, 73:6, 76:5,
none [6] - 101:1, 110:16, 116:2,
naturally [2] - 121:14, 96:17, 97:17, 98:20, 80:22, 80:23, 83:15,
103:16, 103:18, 116:17, 117:15,
121:18 99:9, 101:2, 102:16, 83:16, 85:5, 97:5,
113:2, 120:21, 122:11, 123:3,
nature [5] - 9:13, 104:1, 104:9, 99:23, 112:10,
128:19 124:11, 126:16,
118:17, 121:8, panelist [2] - 10:3, 112:23, 113:1, Pgs [1] - 3:13 26:8, 34:3, 34:12, 10
129:17, 134:1, 17:12 121:11, 123:7 phase [8] - 21:4, 42:2, 34:19, 36:7, 36:14,
153:14 panelists [12] - 12:4, pause [1] - 6:10 44:7, 44:23, 53:13, 36:18, 36:20, 37:10,
Page [5] - 1:18, 117:7, 12:5, 25:20, 26:9, pay [1] - 97:8 57:11, 57:12, 57:13 37:19, 41:15, 42:19,
152:8, 153:8, 153:14 28:12, 29:14, 29:20, paying [2] - 46:13, physical [5] - 24:3, 43:4, 43:7, 43:21,
PAGE [2] - 3:5, 152:1 54:1, 62:15, 64:1, 145:20 24:4, 63:6, 69:2, 44:8, 44:13, 44:19,
Page-Errata [1] - 80:13, 108:22 pending [2] - 6:12, 104:6 45:2, 45:5, 45:7,
153:8 panelists' [4] - 32:10, 151:10 physically [7] - 63:5, 46:21, 47:6, 47:13,
pages [3] - 21:19, 33:3, 35:20, 66:9 penetration [2] - 77:10, 78:1, 78:12, 48:1, 48:3, 48:4,
113:17, 122:21 panels [8] - 9:21, 10:4, 13:17, 26:14 78:18, 81:6, 103:21 48:14, 50:5, 53:12,
pain [3] - 71:9, 72:7, 10:15, 13:10, 27:13, Pennsylvania [1] - physics [1] - 115:21 54:15, 55:4, 55:15,
74:11 46:3, 47:8, 103:10 8:18 picture [4] - 93:20, 56:14, 56:15, 57:1,
paint [1] - 96:20 paragraph [7] - 41:1, people [13] - 6:21, 94:2, 95:19, 118:19 57:16, 59:14, 59:20,
painted [1] - 118:20 41:11, 71:17, 73:3, 19:12, 26:3, 27:13, piece [5] - 11:18, 77:2, 77:19, 77:20,
paints [1] - 96:15 127:21, 127:23, 40:11, 86:6, 89:11, 66:22, 93:5, 122:18, 103:15, 104:14,
pair [1] - 12:4 145:20 102:19, 106:18, 137:21 105:1, 105:8,
panel [114] - 9:17, parameters [1] - 5:23 111:13, 122:15, pieces [15] - 13:8, 105:18, 105:23,
9:18, 9:22, 10:9, paraphrasing [1] - 122:20 18:21, 26:9, 40:9, 125:2, 126:2, 126:6,
20:18, 20:21, 21:1, 108:10 people's [1] - 19:11 44:3, 94:9, 94:10, 126:11, 126:21,
21:5, 21:22, 21:23, part [21] - 6:14, 9:5, per [12] - 19:7, 54:4, 94:12, 109:20, 127:7, 127:11,
22:1, 25:6, 28:8, 11:7, 20:7, 26:6, 66:21, 79:17, 79:21, 114:2, 125:2, 127:14, 128:3,
28:18, 29:7, 29:15, 45:21, 46:14, 46:23, 85:8, 115:13, 127:18, 143:10, 129:12, 132:11,
30:7, 30:16, 30:19, 50:12, 50:22, 51:1, 115:17, 119:22, 146:14 134:7, 136:5, 136:9,
33:8, 33:15, 33:19, 52:21, 56:11, 78:23, 120:6, 120:23, pill [1] - 68:17 136:11, 138:13,
33:22, 34:10, 35:5, 94:5, 108:21, 110:7, 132:11 pin [1] - 16:18 138:22, 139:13,
35:22, 36:1, 36:3, 116:20, 123:12, percent [1] - 35:9 pinpoint [1] - 10:11 140:7, 141:10,
36:8, 37:9, 37:15, 127:12, 131:16 performed [2] - 76:9, place [13] - 16:3, 45:7, 141:23, 142:5,
39:1, 40:2, 41:14, participants [2] - 68:3, 95:18 47:12, 54:16, 88:9, 142:8, 142:16,
42:5, 42:11, 45:5, 140:1 perhaps [4] - 70:19, 96:16, 97:1, 101:12, 144:3, 144:12,
46:1, 46:3, 46:20, participate [3] - 20:21, 74:4, 74:10, 122:16 101:19, 135:2, 144:21, 144:22,
47:4, 48:10, 51:20, 69:23, 79:21 period [4] - 50:11, 135:5, 136:4, 136:9 145:9, 145:14,
52:8, 53:2, 53:15, participated [1] - 14:8 87:16, 101:9, 109:18 Plaintiff [2] - 1:5, 2:4 146:11, 146:12,
54:5, 55:13, 55:21, participating [2] - 147:18, 148:21
perpetrated [1] - 92:1 play [1] - 108:14
56:6, 56:13, 58:15, 70:7, 70:11 Policy [9] - 36:6, 47:5,
person [27] - 6:5, playing [1] - 106:20
59:4, 59:16, 61:1, participation [1] - 48:12, 48:13, 55:14,
14:15, 19:10, 20:4, plays [1] - 18:2
61:21, 62:3, 62:8, 128:6 59:6, 116:11,
20:9, 21:5, 89:8, please/help/protect
62:9, 62:17, 62:18, particular [12] - 59:1, 120:23, 134:5
89:9, 89:10, 89:19, [1] - 121:15
63:21, 64:12, 64:15, 67:4, 67:18, 69:10, poor [1] - 122:16
89:20, 91:23, 102:6, point [17] - 26:18,
68:5, 80:5, 80:18, 71:16, 79:14, 99:19, 102:14, 111:16, portion [1] - 22:15
31:7, 37:21, 40:13,
82:21, 85:9, 85:14, 116:18, 135:23, 114:7, 115:16, position [28] - 7:17,
41:17, 44:18, 53:22,
85:19, 87:5, 93:4, 137:21, 137:23, 116:2, 118:17, 7:21, 7:23, 8:5, 8:9,
56:5, 74:7, 79:2,
93:8, 93:13, 93:19, 146:21 118:21, 119:2, 9:7, 60:20, 63:6,
80:1, 101:18,
93:23, 94:22, 95:20, parties [10] - 4:3, 4:10, 119:8, 121:16, 64:22, 65:4, 65:10,
116:17, 117:7,
96:4, 98:10, 101:22, 4:19, 6:20, 132:9, 121:23, 122:8, 65:17, 67:10, 71:10,
135:20, 147:11
103:7, 104:13, 140:2, 142:5, 125:4, 128:16 71:19, 72:1, 72:6,
pointed [3] - 44:17,
104:18, 104:23, 151:17, 151:18 person's [5] - 18:12, 72:8, 72:17, 72:18,
86:18, 134:5
106:7, 109:23, parts [6] - 11:22, 19:3, 19:13, 106:14, 75:15, 75:17, 75:19,
points [1] - 113:15
110:10, 110:21, 80:16, 86:22, 88:2, 121:19 75:21, 115:20,
Policies [2] - 43:19,
111:6, 111:10, 111:17, 114:19 personal [2] - 17:4, 116:19, 122:4, 122:7
53:6
111:11, 111:23, passage [8] - 64:18, 29:2 possibility [1] - 111:3
policies [20] - 10:23,
113:18, 113:20, 66:2, 68:13, 68:21, personally [3] - 14:20, possible [2] - 80:15,
44:23, 48:19, 50:23,
125:23, 126:3, 71:4, 73:16, 76:4, 119:7, 136:22 146:4
54:9, 54:22, 55:9,
128:9, 129:4, 130:3, 98:9 personnel [1] - 9:12 post [2] - 46:1, 99:21
56:17, 56:21, 56:23,
130:15, 130:20, passed [2] - 101:22, perspective [3] - potential [3] - 48:12,
57:21, 58:23, 89:6,
131:18, 133:4, 106:13 76:17, 82:8, 91:1 103:11, 146:4
103:8, 115:18,
138:22, 139:7, passive [3] - 105:11, pertaining [1] - 119:5 143:4, 143:16, PowerPoint [10] - 3:6,
141:9, 141:23, 140:5, 141:5 pertinent [2] - 11:10, 144:18, 147:2, 12:12, 12:16, 23:6,
142:23, 146:10, passivity [2] - 55:22, 145:12 148:17 25:13, 25:16, 25:19,
147:7, 148:11, 62:20 26:6, 27:1, 99:23
Pg [2] - 3:9, 3:10 policy [89] - 11:21,
148:16 pattern [7] - 111:23, 11:23, 13:23, 15:18, pre [1] - 138:21
pgs [3] - 3:16, 3:17,
panel's [4] - 32:18, 112:14, 112:19, 24:9, 24:19, 26:2, pre-appeal [1] -
3:18
113:8, 132:23, 138:8 138:21
precede [2] - 49:12, 142:20 putting [3] - 19:1, reading [7] - 31:4, reduced [1] - 151:1311
54:13 Procedure [3] - 1:12, 28:12, 112:1 38:14, 39:8, 100:21, refer [3] - 58:22,
preceded [1] - 39:14 151:5, 153:11 104:3, 122:12, 81:19, 85:4
preceding [6] - 39:16, procedures [1] - 10:23 Q 134:10 reference [4] - 47:23,
50:19, 51:20, 54:5, proceed [1] - 141:9 reads [1] - 128:4 50:2, 133:16, 133:22
74:8, 80:1 proceeded [1] - 67:13 reaffirmed [3] - 106:3, referenced [1] - 49:22
qualified [2] - 77:13, 143:18, 145:17
prefer [1] - 28:1 proceeding [1] - 48:21 referring [6] - 20:4,
102:18 real [1] - 148:14
prepare [1] - 6:23 proceedings [1] - 37:13, 82:2, 84:9,
qualifiers [2] - 141:6,
preponderance [8] - 51:14 realized [1] - 128:19 85:7, 122:13
143:9
35:10, 35:11, 35:13, process [18] - 21:4, really [12] - 28:17, refers [1] - 76:14
questioned [1] - 5:4
35:18, 86:11, 86:18, 25:4, 34:13, 52:6, 53:4, 66:5, 66:6, reflect [2] - 125:18,
108:23, 111:19 questioning [1] - 6:17 71:20, 72:3, 72:15,
53:8, 54:5, 64:9, 129:19
present [7] - 13:5, 80:4, 89:6, 92:18, questions [8] - 6:13, 82:18, 101:4, 103:3, reflected [1] - 37:18
22:4, 22:17, 24:6, 92:23, 93:17, 106:4, 34:5, 44:1, 90:10, 112:8, 116:12 reflecting [2] - 39:7,
120:22, 144:6, 148:4 119:3, 127:12, 113:19, 113:21, rear [2] - 75:15, 126:10
presentation [10] - 128:7, 133:6, 149:5 124:23, 125:1 116:18 reflection [1] - 127:1
3:6, 12:12, 12:17, produce [2] - 35:21, quick [3] - 123:21, reason [1] - 131:11 reflects [2] - 125:20,
13:3, 23:6, 27:2, 36:2 148:14, 149:8 reasonable [14] - 35:8, 133:4
27:9, 38:12, 58:14, produced [1] - 110:13 quote [3] - 71:20, 67:17, 69:1, 69:7, refresh [5] - 21:18,
100:1 production [1] - 5:3 84:14, 84:15 82:3, 114:7, 115:3, 36:7, 58:11, 61:1,
presentations [1] - quotes [3] - 66:6, 115:16, 118:17,
programs [1] - 8:3 112:18
26:6 82:20, 144:5 118:21, 119:2,
prohibits [1] - 104:14 refresher [9] - 11:9,
presented [11] - promulgated [1] - 119:8, 121:16, 122:8 11:12, 22:16, 23:7,
15:17, 34:22, 44:8, 52:11 R reasonably [1] - 69:13 23:9, 23:11, 24:1,
46:22, 48:1, 48:5, protect [2] - 112:17, recalling [1] - 132:21 26:7, 58:13
50:23, 52:8, 53:2, 121:19 raised [3] - 4:6, 4:12, receipt [1] - 4:20 regard [2] - 44:2,
93:14, 108:6 provide [8] - 24:20, 52:22 receive [6] - 8:15, 75:14
Pretto [6] - 7:5, 7:13, 38:19, 41:4, 52:13, ramifications [1] - 10:2, 10:18, 33:23, regarding [8] - 10:18,
25:18, 39:10, 108:7, 57:1, 64:11, 130:3, 138:10 51:18, 118:3 39:2, 64:9, 76:5,
112:20 153:15 rape [2] - 65:9, 65:17 received [8] - 20:19, 85:20, 87:10, 127:7,
Pretto's [23] - 21:11, provided [35] - 12:21, raped [2] - 102:14, 51:2, 51:14, 53:18, 139:1
39:22, 40:23, 43:3, 22:19, 22:21, 23:6, 149:17 64:5, 64:8, 99:12, regional [1] - 8:3
49:3, 50:9, 56:20, 23:23, 24:2, 24:22, 137:18 regretting [1] - 112:3
rationale [6] - 35:22,
60:3, 61:15, 63:20, 25:5, 31:16, 32:12, receiving [4] - 24:14, regular [3] - 17:11,
36:3, 64:11, 64:15,
76:6, 76:12, 77:6, 32:19, 32:21, 33:13, 51:13, 54:6, 101:19 17:16, 25:11
80:4, 148:10
93:4, 93:18, 112:11, 33:17, 36:13, 39:10, recently [1] - 101:4 related [7] - 13:18,
RE [1] - 153:6
121:7, 124:5, 126:8, 42:5, 42:21, 42:22, recess [2] - 47:21, 27:11, 94:13,
reach [2] - 114:2,
127:20, 129:14, 44:13, 44:14, 47:6, 71:2 122:17, 123:4,
127:13
131:7, 134:21 50:10, 52:5, 54:17, recollection [17] - 142:2, 151:16
reached [4] - 39:18,
pretty [1] - 51:11 55:9, 55:14, 55:15, 21:18, 23:16, 31:11, relation [1] - 118:9
121:1, 122:23, 123:1
preventing [2] - 67:14, 56:2, 58:13, 59:18, 44:11, 48:23, 56:10, Relationship [4] -
Reaching [1] - 113:17
117:13 61:4, 105:19, 58:11, 61:1, 79:6, 48:12, 48:13, 134:5,
reaction [1] - 114:7
previous [7] - 8:8, 111:12, 126:6 79:18, 86:5, 97:21, 134:23
read [50] - 4:16, 7:4,
13:11, 45:10, provides [2] - 24:19, 106:7, 112:19, relationship [19] -
7:7, 31:12, 36:6,
144:12, 147:3, 142:5 113:1, 146:16, 148:6 60:22, 87:22, 91:1,
49:8, 49:23, 51:8,
147:23, 148:3 public [1] - 92:21 recollections [2] - 94:10, 97:15,
58:2, 60:4, 60:16,
previously [3] - 71:22, Public [3] - 1:11, 99:20, 106:15 102:13, 109:17,
64:18, 66:2, 68:13,
88:9, 105:16 151:3, 151:22 reconsider [1] - 123:4 110:19, 111:13,
71:16, 71:18, 71:22,
primarily [3] - 41:9, pull [3] - 67:3, 69:18, reconsidered [1] - 112:15, 121:17,
73:2, 74:8, 76:4,
45:18, 53:21 71:22 116:8 122:14, 122:16,
76:8, 77:8, 78:20,
primary [12] - 6:15, purchase [1] - 137:9 record [8] - 5:9, 70:10, 132:8, 135:2,
81:1, 81:11, 82:12,
11:6, 11:16, 15:15, purely [1] - 28:22 105:14, 114:17, 136:15, 136:20,
83:15, 84:11, 85:6,
21:3, 31:3, 42:2, purposes [1] - 92:3 123:22, 124:1, 137:6, 137:22
91:16, 96:21, 97:8,
42:13, 44:23, 138:2, pursuant [2] - 1:12, 144:16, 151:14 relative [2] - 66:9,
101:4, 112:2,
138:21, 146:23 151:5 recordings [1] - 40:2 102:10
112:12, 114:19,
printed [1] - 24:11 put [8] - 20:17, 53:16, 117:8, 121:9, 123:3, recreate [1] - 96:11 relevance [2] - 32:1,
problem [4] - 68:4, 62:14, 75:12, 80:13, 123:7, 124:6, RECROSS [1] - 3:2 32:7
74:14, 87:14, 109:11 109:21, 119:18, 126:15, 127:20, red [7] - 45:20, 64:19, relevant [5] - 26:8,
problems [1] - 142:12 121:19 131:15, 139:14, 68:21, 81:4, 81:16, 31:18, 32:4, 47:12,
procedural [3] - putative [2] - 29:6, 141:20, 144:1, 141:20, 144:2 105:18
142:7, 142:11, 29:10 144:18, 152:4 REDIRECT [1] - 3:2 relied [1] - 54:14
relies [1] - 116:2 2:9 132:11 100:23, 101:8, 147:12, 147:14 12

rely [1] - 54:17 represents [1] - 80:17 return [1] - 73:8 101:21, 102:11, Sandstrom [17] - 3:17,
remark [1] - 21:16 reputation [2] - 18:2, returned [1] - 152:2 102:21, 104:4, 17:22, 20:20, 22:11,
remember [30] - 18:8 returning [1] - 54:11 104:12, 104:22, 28:7, 28:11, 30:4,
11:18, 15:4, 21:8, request [2] - 20:19, review [17] - 18:21, 106:6, 106:19, 42:23, 43:20, 43:23,
27:8, 30:20, 30:22, 37:5 26:2, 31:7, 31:22, 108:4, 109:2, 110:5, 64:2, 124:18, 125:8,
38:10, 40:9, 43:23, requested [1] - 51:9 36:22, 37:6, 44:17, 111:2, 111:22, 125:19, 126:9,
44:20, 47:2, 57:5, required [2] - 140:9, 51:22, 53:14, 57:2, 112:9, 113:2, 126:19, 133:13
59:21, 61:9, 63:1, 144:12 57:18, 94:6, 97:9, 114:11, 115:6, Sandstrom's [1] -
63:14, 63:16, 70:6, requires [2] - 58:7, 106:3, 127:22, 116:15, 117:4, 28:3
73:8, 79:5, 83:5, 104:13 128:3, 129:2 119:10, 119:15, Sarah [1] - 17:20
96:1, 97:16, 98:15, reread [1] - 117:1 reviewed [11] - 20:10, 120:3, 121:3, 123:6, satisfactorily [1] - 5:2
99:1, 103:3, 109:12, rereading [1] - 116:14 38:3, 51:1, 52:5, 123:18, 124:4, scared [1] - 107:9
112:7, 116:20, research [1] - 27:10 54:3, 83:7, 93:5, 125:17, 126:18, scenario [2] - 120:12,
123:15 reserved [2] - 4:5, 93:13, 93:21, 94:2, 127:2, 127:6, 121:21
remembers [2] - 70:5, 4:11 98:12 128:21, 130:14, scenarios [1] - 12:2
73:10 reside [2] - 5:12, 5:15 reviewing [4] - 11:20, 130:23, 132:4, schedules [1] -
removing [1] - 73:9 resistance [4] - 105:2, 143:15, 147:1, 147:2 132:15, 132:23, 133:18
render [1] - 11:1 105:10, 140:5, 141:4 revise [1] - 135:21 134:12, 134:20, scheduling [3] -
rendered [1] - 93:14 resolved [1] - 138:1 revision [1] - 106:1 137:4, 139:6, 30:12, 125:20,
repeat [3] - 49:19, revisit [2] - 143:13, 140:14, 141:19, 133:17
resource [1] - 125:2
51:6, 126:16 146:11 143:19, 144:1, scratch [1] - 44:5
Resources [1] - 9:12
rephrase [7] - 6:1, revisiting [1] - 143:15 144:19, 146:20, screen [1] - 24:7
respondent [7] - 14:8,
20:6, 32:22, 87:4, right-hand [1] - 60:10 153:16, 153:22 seal [1] - 151:20
15:15, 24:20, 25:6,
88:15, 126:18, 136:7 role [7] - 10:17, 18:2, ROSSI [40] - 2:2, 2:4, second [12] - 22:1,
52:12, 92:10, 118:4
replied [1] - 81:8 29:11, 108:14, 5:6, 12:7, 15:21, 30:15, 31:5, 39:9,
respondent's [1] -
report [56] - 8:6, 108:21, 133:3, 17:8, 21:13, 23:12, 40:14, 40:18, 72:22,
117:12
24:16, 24:21, 24:23, 141:14 27:5, 41:6, 41:10, 72:23, 73:1, 84:2,
respondents [1] -
31:16, 32:5, 32:14, room [3] - 73:9, 43:10, 46:18, 51:6, 123:22, 148:5
15:2
41:7, 41:15, 42:6, 107:10, 117:12 60:11, 70:13, 73:6, Section [2] - 50:3,
response [17] - 3:9,
43:13, 44:15, 45:12, Room [2] - 1:13, 151:6 80:19, 90:1, 90:8, 151:11
3:10, 3:14, 25:4,
46:22, 48:2, 48:5, 90:11, 90:17, 92:12,
43:13, 44:9, 45:12, Rossi [140] - 5:8, section [11] - 25:2,
49:4, 49:16, 49:20, 95:3, 95:9, 97:5,
46:11, 52:13, 53:5, 12:11, 12:15, 14:18, 26:15, 49:8, 49:23,
50:13, 52:11, 52:14, 98:2, 98:5, 98:22,
97:6, 97:20, 113:8, 15:6, 16:1, 16:14, 50:13, 77:7, 77:8,
52:15, 53:6, 53:21, 101:6, 104:19,
128:5, 129:18, 17:3, 17:10, 18:7, 78:14, 97:10,
55:14, 66:1, 68:14, 105:7, 120:11,
129:22, 134:2 19:1, 19:9, 19:23, 134:23, 139:14
69:15, 75:16, 80:22, 123:23, 131:21,
responses [12] - 21:17, 23:4, 23:22, SECTION [1] - 1:2
82:1, 84:17, 94:20, 134:17, 136:21,
24:14, 24:15, 24:21, 27:6, 28:16, 29:1, sections [2] - 26:1,
94:21, 96:15, 96:19, 146:17, 149:23,
24:23, 25:2, 32:15, 33:7, 34:7, 37:2, 117:1
97:6, 97:12, 99:7, 150:2
52:14, 52:19, 52:21, 38:14, 40:20, 41:13, see [18] - 1:18, 9:8,
100:22, 101:4, rough [2] - 66:22, 68:1
113:4, 131:9, 131:15 42:20, 43:12, 45:15, 16:2, 40:17, 51:4,
101:19, 102:8, 46:9, 46:13, 46:20, roughly [1] - 135:9
responsibilities [1] - 74:7, 79:11, 87:21,
104:11, 110:1, 47:15, 47:22, 51:12, roughness [12] -
9:6 90:12, 99:18, 104:3,
114:5, 114:19, 53:20, 55:1, 55:11, 60:20, 64:22, 65:4,
responsibility [11] - 104:11, 120:7,
116:16, 118:20, 55:20, 56:5, 58:10, 66:10, 66:11, 66:16,
9:9, 11:2, 11:3, 126:5, 135:7,
130:11, 130:16, 59:11, 60:17, 60:23, 67:11, 67:19, 67:22,
35:20, 45:6, 94:7, 135:20, 140:12,
130:19, 131:9, 62:5, 63:3, 63:10, 68:6, 68:8
125:23, 126:3, 147:4
134:3, 134:6 65:8, 65:21, 66:23, routine [1] - 75:5
133:1, 138:15, 142:2 seeing [1] - 38:12
reported [3] - 84:1, 68:5, 69:14, 71:3, rubric [3] - 13:20,
responsible [5] - 14:9, seek [2] - 43:19,
84:6, 102:6 71:15, 72:21, 73:15, 145:13, 145:14
56:7, 92:6, 109:6, 117:13
Reporter [2] - 1:22, 74:12, 75:4, 75:14, rule [1] - 46:2
136:15 seeks [1] - 121:18
51:8 78:17, 80:7, 80:21, Rules [3] - 1:12,
rest [3] - 62:9, 127:23, seem [4] - 94:22,
reporter [1] - 85:12 81:22, 82:12, 83:9, 151:5, 153:11
130:11 95:15, 108:14,
reporter's [1] - 6:4 83:15, 84:5, 84:11, running [1] - 12:1 112:15
result [1] - 127:8
reporting [4] - 101:10, resumed [1] - 124:3 84:21, 85:9, 85:18, selected [1] - 28:14
101:18, 102:7, retain [1] - 153:15 86:1, 88:16, 89:7, S selection [1] - 59:1
130:21 retaliate [1] - 128:17 89:18, 90:20, 91:11, self [2] - 68:18, 68:23
reports [1] - 24:15 91:19, 92:2, 93:3, self-lubricate [2] -
retaliation [8] - 127:8, S.E [1] - 153:22
representation [2] - 93:18, 94:18, 95:13, 68:18, 68:23
127:12, 127:14, sanction [4] - 21:23,
64:14, 64:17 96:14, 97:2, 97:7, sense [8] - 40:19,
128:4, 128:15, 138:4, 142:3, 147:8
representing [2] - 2:4, 97:19, 98:10, 99:1, 53:3, 59:2, 86:21,
128:20, 128:23, sanctioned [2] -
99:22, 100:15,
102:15, 102:19, sheet [1] - 61:11 113:19 44:20, 46:7, 47:2, 20:1, 56:21, 58:2, 13
132:22, 138:16 Sheet [2] - 153:9, Smith [50] - 6:19, 48:22, 57:9, 57:14, 82:22, 83:23, 84:1,
sentence [3] - 72:12, 153:14 20:23, 24:22, 39:2, 58:8, 58:15, 59:22, 93:4, 95:11, 123:3
105:6, 127:21 shoulders [1] - 69:20 59:7, 59:16, 61:2, 60:16, 61:9, 68:10, Statement [1] - 49:13
separate [1] - 93:5 show [29] - 12:11, 61:21, 62:3, 63:4, 87:2, 87:10, 93:1, statements [20] - 19:3,
September [2] - 54:16, 21:10, 28:2, 39:20, 63:11, 63:15, 65:3, 94:13, 119:5, 19:11, 19:12, 19:13,
136:14 40:22, 43:2, 45:11, 71:8, 75:5, 75:16, 131:14, 141:14, 19:20, 71:6, 75:10,
sequence [2] - 59:22, 46:9, 49:2, 57:23, 75:18, 84:17, 85:19, 143:12, 144:10, 83:11, 85:11, 86:15,
99:14 61:14, 63:19, 65:23, 87:5, 90:21, 91:3, 144:13, 145:4, 145:9 86:20, 88:12, 88:23,
series [1] - 85:16 77:5, 97:2, 99:23, 97:13, 99:8, 100:5, specifically [11] - 89:19, 89:20, 94:20,
serve [1] - 21:1 123:19, 124:5, 100:10, 100:16, 28:13, 44:2, 57:19, 95:15, 104:5,
served [4] - 9:18, 9:22, 125:14, 126:7, 101:9, 102:22, 63:1, 72:3, 87:8, 108:11, 108:20
13:13, 23:18 127:3, 129:14, 103:19, 104:4, 94:19, 98:15, 127:7, states [2] - 74:20,
serving [1] - 9:17 129:16, 131:6, 106:20, 106:23, 131:22, 142:8 105:1
seven [2] - 10:1, 134:1, 134:21, 107:7, 108:8, specifics [6] - 63:9, States [1] - 151:10
135:17 139:3, 141:16, 109:11, 109:15, 83:5, 108:18, STATES [1] - 1:1
severity [1] - 107:14 145:19 109:19, 109:23, 123:16, 142:15, stating [2] - 73:18,
sex [65] - 13:12, 13:16, showed [1] - 79:23 110:11, 110:18, 147:6 73:19
14:9, 26:15, 38:1, shows [1] - 100:16 111:3, 111:23, spectrum [1] - 103:11 status [1] - 87:17
41:14, 42:13, 56:8, side [4] - 60:10, 112:16, 114:3, speculate [3] - 17:2, staying [1] - 59:11
61:23, 62:4, 65:2, 106:13, 143:16 129:5, 131:11, 27:18, 28:1 Stenographer [1] -
65:10, 65:14, 67:18, sides [3] - 15:14, 131:18, 132:12, speculating [1] - 1:12
69:17, 69:23, 70:4, 87:22, 131:16 132:17 28:22 stenographically [1] -
70:7, 70:8, 70:12, sign [1] - 4:16 Smith's [9] - 62:19, spell [1] - 5:9 151:12
70:19, 73:9, 73:14, SIGNATURE [1] - 87:17, 106:7, spend [1] - 11:20 Stephen [6] - 8:6,
74:6, 75:5, 75:7, 152:1 106:23, 107:13, spending [1] - 82:15 8:12, 28:18, 107:12,
75:10, 75:21, 76:5, Signature [2] - 153:8, 111:7, 130:3, spent [3] - 30:4, 39:8, 121:8, 133:12
76:9, 79:8, 79:20, 153:14 130:15, 146:3 138:17 still [9] - 31:1, 80:5,
81:7, 82:20, 83:21, SIGNATURE:______ so-called [2] - 66:11, spreadsheet [13] - 80:17, 122:23,
84:3, 84:19, 84:22, ______________ 110:14 29:19, 39:13, 39:21, 144:6, 144:23,
85:8, 87:11, 88:6, DATE [1] - 152:21 solely [3] - 67:22, 40:3, 40:7, 76:3, 145:7, 145:8, 145:15
88:8, 88:17, 91:6, signed [2] - 152:2, 89:5, 116:2 87:20, 107:16, stipulate [1] - 22:4
91:20, 92:14, 94:1, 153:13 someone [8] - 20:14, 108:9, 112:10, stomach [1] - 73:10
94:8, 94:19, 95:18, significant [4] - 88:9, 28:14, 38:10, 89:7, 121:6, 123:8, 136:23 stop [4] - 117:11,
96:16, 96:23, 97:14, 142:6, 142:20, 102:12, 102:13, spring [2] - 16:11, 117:17, 117:23,
99:17, 102:22, 143:10 121:17, 149:18 84:13 120:19
108:14, 110:6, significantly [4] - 6:4, sometime [7] - 16:10, stabbed [1] - 149:18 stories [1] - 111:4
114:5, 114:8, 88:19, 142:13, 81:13, 81:17, 81:19, Stacey [1] - 5:8 story [1] - 85:19
114:14, 119:6, 142:21 82:2, 82:4 STACEY [1] - 2:4 Street [1] - 1:13
121:22, 123:9, 139:1 silence [4] - 55:22, sometimes [2] - staffing [1] - 9:13 strength [1] - 104:6
Sex [1] - 59:5 62:19, 104:15, 122:2 68:22, 68:23 stage [5] - 57:9, 138:3, strike [1] - 4:10
sexual [36] - 9:19, similar [4] - 13:3, sorry [20] - 16:7, 138:7, 138:22, 149:4 strong [2] - 23:15,
10:3, 10:16, 13:17, 13:7, 23:16, 84:10 16:17, 17:11, 20:5, stairs [1] - 73:8 148:6
13:19, 13:21, 14:10, simple [2] - 69:2, 35:12, 40:14, 51:16, stalking [2] - 26:16, stronger [1] - 91:3
20:1, 20:3, 20:9, 138:12 53:4, 72:22, 81:3, 26:18 structured [1] -
26:13, 27:11, 27:15, simply [2] - 20:14, 83:16, 85:12, stamp [1] - 13:4 142:16
58:9, 60:5, 64:21, 111:1 125:19, 127:22, standard [5] - 35:7, student [2] - 110:18,
65:4, 65:17, 66:17, 129:21, 135:13, 35:14, 35:19, 86:12,
single [1] - 113:10 149:17
67:10, 68:1, 68:6, 135:16, 136:7, 106:12
singled [1] - 28:8 Student [4] - 8:4, 49:9,
68:12, 76:15, 84:16, 143:2, 147:16 start [2] - 73:1, 73:18
sitting [1] - 38:10 49:10, 54:12
100:3, 120:1, sort [2] - 132:21, started [5] - 66:4,
situation [1] - 79:7 students [1] - 110:12
120:17, 122:4, 148:22 72:14, 75:19, 75:22,
six [2] - 10:8, 84:12 submissive [2] -
122:18, 123:4, sought [1] - 121:14 149:12
slap [1] - 107:5 121:14, 121:18
138:4, 139:22, sound [3] - 84:10, starting [6] - 16:17,
slapped [1] - 107:2 subsequent [1] -
140:1, 140:9, 149:10 88:5, 106:5 71:18, 72:13, 76:15,
slices [1] - 119:4 88:23
Sexual [5] - 36:6, sources [1] - 18:21 81:2
slide [2] - 27:7, 58:1 subsequently [1] -
49:13, 55:13, 113:18 speaking [5] - 6:5, STATE [1] - 151:1
Slides [1] - 3:8 36:19
shame [1] - 91:12 19:10, 62:11, 87:14, state [6] - 5:8, 5:12,
slides [12] - 13:7, substantial [1] - 77:14
share [1] - 12:6 111:10 75:16, 122:14,
23:1, 23:8, 23:17, substantially [7] -
shared [2] - 40:11, specific [31] - 10:23, 140:16, 140:23
23:19, 23:21, 23:23, 77:9, 77:15, 77:23,
52:18 12:19, 15:4, 17:14, statement [10] - 18:13,
24:11, 24:12, 25:19, 78:12, 78:18, 78:22,
SHEET [1] - 152:1 26:19, 37:17, 38:12,
79:2 testimony [9] - 39:10, 102:9 23:9, 23:11, 24:1, typical [1] - 60:21 14
substantive [4] - 80:2, 80:5, 95:2, thoughts [2] - 100:3, 25:16, 25:23, 26:17, typically [6] - 23:21,
30:10, 30:23, 95:5, 144:15, 100:5 37:9, 37:14, 55:15, 25:1, 58:19, 74:22,
142:12, 142:21 151:12, 151:14, threatened [1] - 87:2, 89:5, 115:13 75:11, 125:1
substantively [2] - 152:5 103:20 trainings [12] - 10:6,
113:14, 143:17 THE [111] - 14:14, three [6] - 80:13, 17:11, 17:12, 18:9, U
succinct [1] - 119:18 15:1, 17:1, 18:5, 82:13, 90:4, 129:19, 18:17, 25:12, 36:13,
Sue [1] - 133:19 18:16, 19:6, 19:17, 130:2, 135:19 37:15, 37:16, 37:18,
23:13, 28:10, 28:20, throughout [4] - 38:2, 99:11 ultimate [1] - 145:1
suffered [1] - 100:5
33:6, 33:22, 36:17, 23:17, 25:3, 52:3, transcript [6] - 4:16, ultimately [5] - 11:1,
suggesting [1] - 70:11
38:8, 40:7, 41:8, 113:23 4:21, 7:8, 152:5, 87:18, 87:23,
summer [1] - 135:8
41:12, 42:17, 46:6, timelines [1] - 82:10 152:6, 153:12 137:21, 145:2
supervisor [1] - 8:12
46:19, 47:8, 47:19, timing [6] - 36:20, TRANSCRIPTION [1] - unable [6] - 66:23,
support [1] - 111:4
48:17, 51:10, 53:10, 102:5, 103:3, 129:9, 151:13 67:3, 74:9, 76:23,
supposed [4] - 33:19,
54:20, 55:8, 55:18, 131:3, 134:16 transcripts [1] - 7:4 77:22, 78:11
33:23, 34:10, 35:5
56:1, 58:7, 59:9, tired [1] - 82:18 transitioned [1] - unclear [3] - 6:1,
surprise [2] - 100:23,
60:15, 62:2, 62:22, title [1] - 22:2 110:18 78:16, 128:14
103:13
63:8, 65:6, 65:12, trauma [8] - 18:18, uncomfortable [10] -
survivor [2] - 20:1, Title [6] - 124:14,
66:15, 67:21, 69:6, 19:7, 98:18, 98:21, 65:9, 65:17, 66:5,
20:3 124:18, 128:10,
70:15, 72:11, 73:7, 99:12, 99:18, 99:19, 66:7, 66:19, 71:20,
Susan [17] - 6:19, 131:12, 132:4,
74:1, 74:19, 75:9, 99:21 72:1, 72:4, 72:15,
20:23, 24:22, 64:21, 132:18
78:9, 80:11, 82:7, traumatically [1] - 74:11
68:16, 69:18, 69:22, titled [1] - 43:18
83:4, 84:8, 85:4, 102:14 uncomfortableness
73:7, 81:5, 81:8, to.. [1] - 24:8
85:14, 88:14, 89:4, [1] - 67:12
82:14, 83:17, 83:19, today [1] - 90:5 traumatized [3] -
89:13, 90:15, 91:9, 19:10, 99:8, 100:17 unconscious [1] -
84:13, 99:19, together [13] - 26:4,
91:16, 91:23, 92:17, trial [2] - 4:6, 4:12 70:17
100:10, 146:3 28:12, 28:18, 31:22,
93:11, 94:4, 94:17, tried [3] - 67:2, 69:18, under [20] - 13:20,
Susan's [2] - 76:16, 51:20, 52:1, 52:9,
95:23, 96:18, 97:18, 116:17 36:23, 60:4, 61:6,
82:15 73:12, 80:13, 82:17,
98:8, 99:10, 100:9, true [3] - 82:8, 151:14, 69:21, 77:7, 77:11,
suspect [1] - 106:15 102:8, 106:2, 146:10
100:20, 101:3, 152:6 78:15, 111:18,
suspended [1] - 124:2 took [13] - 16:3, 21:20,
101:16, 102:2, truest [1] - 106:18 121:8, 134:23,
swayed [1] - 149:4 54:16, 88:8, 96:16,
102:17, 104:2, 136:3, 136:8,
sworn [2] - 5:4, 151:8 97:1, 101:12, truly [1] - 153:18
104:10, 104:17, 136:12, 137:10,
sympathetic [1] - 91:2 101:19, 102:7, trust [1] - 106:7
104:21, 105:15, 145:8, 145:13,
sympathy [3] - 90:21, 135:2, 136:4, 136:9, truth [5] - 35:6, 35:18,
106:11, 108:1, 145:14, 147:3,
90:22, 91:3 151:4 151:8, 151:9
108:17, 110:16, 151:13
sync [4] - 133:7, top [4] - 46:14, 49:7, try [8] - 12:2, 18:22,
111:9, 112:6, underlined [10] -
133:9, 133:14, 69:19, 73:12 85:17, 86:9, 96:11,
112:22, 114:18, 46:14, 64:19, 68:14,
133:18 topic [1] - 15:13 108:22, 113:10,
116:1, 116:23, 68:21, 76:7, 97:9,
synthetic [2] - 68:18, topics [1] - 13:7 114:2
118:2, 119:1, 98:16, 112:12,
74:22 total [1] - 31:12 trying [5] - 24:8,
119:13, 119:22, 141:20, 144:2
totality [2] - 93:6, 96:20, 109:12,
120:6, 120:15, underlined-in-red [1]
T 93:22 113:15, 132:9
122:11, 123:11, - 68:21
totally [2] - 120:18, turn [6] - 27:2, 30:15,
126:15, 128:13, underlining [1] -
122:19 49:5, 80:22, 112:9,
talks [1] - 87:2 130:8, 132:2, 132:7, 46:17
touch [2] - 70:1, 113:16
technical [1] - 148:8 132:20, 134:9, underneath [1] -
146:14 turns [1] - 6:17
technically [1] - 41:21 140:12, 143:8, 122:6
towards [1] - 26:1 two [28] - 14:6, 21:4,
term [12] - 35:8, 35:12, 144:17, 146:9, undersigned [1] -
trained [14] - 15:10, 21:6, 21:21, 27:21,
37:23, 38:4, 38:5, 150:1, 150:3 152:4
18:7, 19:2, 25:14, 29:14, 48:15, 54:9,
66:10, 67:7, 67:18, theme [2] - 107:19, understood [9] - 45:9,
25:20, 86:14, 86:16, 60:9, 64:20, 68:15,
68:6, 68:8, 103:23, 108:3 46:2, 48:2, 61:2,
86:19, 105:20, 73:11, 76:5, 81:2,
144:4 themselves [1] - 57:2 61:6, 76:21, 77:4,
117:5, 117:20, 81:11, 81:16,
terminology [1] - therein [2] - 52:20, 79:22, 114:20
117:22, 118:12, 101:22, 112:10,
11:23 121:22 undertaken [1] - 34:14
118:13 121:8, 124:7,
terms [5] - 25:17, thereof [1] - 75:3 unfair [1] - 106:12
Training [1] - 3:7 129:19, 131:9,
54:21, 68:11, 93:16, thinks [1] - 92:9 135:8, 145:21, Union [1] - 9:4
training [29] - 10:2,
132:17 third [1] - 117:15 145:23, 146:2, United [1] - 151:10
10:8, 11:5, 11:6,
Terms/Title [1] - 3:12 thirty [2] - 152:2, 147:2, 148:23 UNITED [1] - 1:1
11:9, 11:13, 11:15,
testified [2] - 5:4, 153:11 types [1] - 67:23 University [2] - 9:4,
11:16, 12:17, 15:12,
95:12 Thirty [1] - 11:14 typewritten [1] - 9:5
15:16, 16:3, 16:6,
testify [2] - 95:12, thorough [1] - 102:4 151:13 unless [2] - 77:9,
17:14, 22:16, 23:7,
151:8 thoroughness [1] - 78:17
unlikely [1] - 112:15 59:14, 59:21, 103:8 28:20, 33:6, 33:22, 85:8, 118:3, 139:22, 15
unquote [1] - 66:8 violating [1] - 109:6 36:17, 38:8, 40:7, 140:13, 140:18
unresponsive [1] - violation [5] - 34:11, 41:8, 41:12, 42:17, world [1] - 19:11
4:11 129:11, 136:6, 46:6, 46:19, 47:8, worse [1] - 91:11
unusual [5] - 64:21, 136:10, 145:8 47:19, 48:17, 51:10, written [6] - 22:19,
65:4, 65:10, 66:17, violations [4] - 48:13, 53:10, 54:20, 55:8, 42:12, 42:18, 76:13,
67:10 103:11, 103:14, 55:18, 56:1, 58:7, 82:1, 116:16
unwieldy [1] - 113:10 126:5 59:9, 60:15, 62:2, wrote [6] - 46:21,
unwillingly [2] - violence [5] - 67:19, 62:22, 63:8, 65:6, 88:4, 98:1, 98:4,
63:12, 122:4 67:23, 68:7, 68:12, 65:12, 66:15, 67:21, 98:5, 112:20
up [30] - 28:21, 30:12, 100:4 69:6, 70:15, 72:11,
37:11, 37:22, 38:9, virtue [1] - 122:4 73:7, 74:1, 74:19, Y
40:15, 42:4, 50:5, volume [2] - 22:8, 75:9, 78:9, 80:11,
50:23, 52:23, 58:21, 30:9 82:7, 83:4, 84:8,
85:4, 85:14, 88:14, year [7] - 63:13, 81:13,
63:17, 65:13, 70:4, vs [2] - 1:6, 151:9
89:4, 89:13, 90:15, 81:18, 81:20, 82:3,
70:6, 70:11, 70:19, VS [2] - 152:5, 153:6
91:9, 91:16, 91:23, 82:4, 102:12
73:8, 73:20, 74:10,
92:17, 93:11, 94:4, years [4] - 7:16, 48:15,
78:11, 82:10, 98:13, W 101:22, 110:3
99:2, 116:5, 120:16, 94:17, 95:23, 96:18,
139:15, 139:19, 97:18, 98:8, 99:10, yesterday [1] - 7:3
141:14, 148:14 wait [3] - 6:7, 127:22, 100:9, 100:20, York [1] - 2:3
useful [1] - 124:10 137:2 101:3, 101:16, yourself [3] - 30:5,
utilized [2] - 12:20, waited [1] - 101:9 102:2, 102:17, 36:7, 62:11
147:3 waived [1] - 4:21 104:2, 104:10,
utilizing [1] - 10:20 waking [4] - 63:17, 104:17, 104:21,
70:4, 70:6, 74:10 105:15, 106:11,
walking [1] - 73:8 108:1, 108:17,
V 110:16, 111:9,
warrant [1] - 87:19
ways [1] - 18:18 112:6, 112:22,
vacuum [1] - 65:13 weeks [1] - 16:16 114:18, 116:1,
valid [5] - 77:12, weight [1] - 122:6 116:23, 118:2,
78:16, 95:4, 95:6, Western [1] - 151:11 119:1, 119:13,
103:12 WESTERN [1] - 1:2 119:22, 120:6,
value [1] - 28:23 whichever [1] - 17:17 120:15, 122:11,
varies [1] - 102:6 whole [12] - 19:11, 123:11, 126:15,
variety [1] - 9:14 46:4, 50:15, 54:8, 128:13, 130:8,
vary [1] - 9:15 73:3, 86:8, 91:17, 132:2, 132:7,
varying [1] - 137:16 93:20, 100:21, 132:20, 134:9,
vengeance [1] - 111:7 110:22, 123:5, 151:8 140:12, 143:8,
verbal [5] - 105:2, will.. [1] - 125:15 144:17, 146:9,
105:9, 115:12, WILLIAMS [4] - 1:7, 150:1, 150:3
140:4, 141:3 151:9, 152:5, 153:6 witness's [1] - 60:9
verbally [1] - 118:19 Williams [5] - 1:12, witnesses [3] -
verify [1] - 130:11 2:9, 5:18, 7:15, 110:14, 110:23,
version [7] - 64:3, 151:5 111:3
106:18, 130:9, Williams' [1] - 93:1 WMS [7] - 3:11, 3:12,
133:1, 133:4, 144:3, Williamstown [3] - 3:15, 125:14, 127:3,
144:7 1:13, 5:14, 151:6 139:3, 145:19
versions [1] - 26:8 willing [1] - 68:2 woke [5] - 70:11,
versus [4] - 28:14, Wilson [1] - 83:17 73:20, 84:2, 116:5,
53:3, 75:11, 91:4 wish [1] - 24:21 120:16
victim's [2] - 15:11, woken [1] - 70:19
wishing [1] - 112:2
128:5 wondering [1] -
withdraw [1] - 15:8
victims [1] - 149:9 124:13
withdrawn [1] - 90:19
view [2] - 10:21, 40:11 word [5] - 41:2, 59:17,
Witness [1] - 151:20
viewed [2] - 145:1, 114:6, 139:15, 141:2
witness [3] - 90:6,
145:13 worded [3] - 126:2,
110:23, 151:15
viewing [2] - 65:19, 126:12, 126:22
WITNESS [112] - 3:2,
127:17 wording [2] - 57:5,
14:14, 15:1, 17:1,
viewpoints [1] - 91:18
18:5, 18:16, 19:6,
137:16 words [9] - 27:22,
19:17, 23:13, 28:10,
violated [4] - 59:5, 51:5, 61:3, 62:14,

John Doe V Williams College Motion For Summary Judgment Exhibit 69

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John Doe V Williams College Motion For Summary Judgment Exhibit 69

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Case 3:16-cv-30184-MGM Document 124-69 Filed 09/30/18 Page 1 of 168

UNITED STATES DISTRICT COURT

DEPOSITION OF: AARON GORDON, taken before

(Please see Page 2.)

ROSSI LAW FIRM

LOCKE LORD LLP

7 143 Training document 15

9 145 Pg. 33 of Exhibit A, John's response 45

10 146 Pg. 45 of Exhibit A, John's response 46

15 160 Grounds for appeal, WMS 11718 139

16 161 Haynes letter, 1/31/17, 3 pgs. 141

17 162 Sandstrom letter, 2/13/17, 2 pgs. 143

18 163 email, 09706, 3 pgs. 146

3 It is agreed by and between the parties

4 that all objections, except objections as to

5 the form of the question, are reserved, to be

6 raised at the time of trial for the first

9 It is further agreed by and between the

10 parties that all motions to strike

11 unresponsive answers are also reserved, to be

12 raised at the time of trial for the first

15 It is also agreed that the deponent will

16 read and sign the deposition transcript.

18 It is further agreed by and between the

19 parties that notification to all parties of

20 the receipt of the original deposition

21 transcript is also hereby waived.

1 AARON GORDON, Deponent, having

2 been satisfactorily identified by the

3 production of a driver's license, was duly

4 sworn in and questioned and testified as

6 DIRECT EXAMINATION BY MS. ROSSI

7 Q. Good morning, Aaron. My name is

8 Stacey Elin Rossi. Can you please state and

9 spell your name for the record?

10 A. Aaron Brendan Gordon, A-A-R-O-N

12 Q. And what city and state do you reside

15 Q. Do you reside in any other locations?

17 Q. And what is your employment?

18 A. I work for Williams College.

19 Q. Have you ever gone through a

22 Q. Okay. Let me go through some of the

23 parameters. If I ask a question that is

1 unclear, please let me know so I can rephrase

2 it in a way that may be more clear to

3 understand the question I am asking. It makes

4 the court reporter's job significantly easier

5 if only one person at a time is speaking. So

6 even if you think you know the question that

7 I'm asking, please kindly wait until I am done

8 with my question before answering it.

9 If at any time you need to take a

10 break and pause the deposition, you may ask to

11 do so, only I ask that you complete the

12 currently pending question first.

13 Okay. Next, all of the questions

14 I'll be asking in the first part of this

15 deposition have to do with the primary

16 adjudication of the case and I will let you

17 know when the questioning turns to the appeal.

18 And I will be using the names John

19 Doe and Susan Smith to maintain

20 confidentiality of the parties. Do you