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We: [gm/w. e/ at 4/18 Unneclry's deeloon nor my claims {ht had made "\fru a carerul renew or rhe intimation you ided . . . we llm'c rhar l'uut cannor he brougln to rhe nut: Sub> dam nur apply rhe cunct'prx' the he inannalm with female srudenrs. ln rhe wiltdx' uf (tuinplalnanr-"I falsely assumed that the man who calls affluent westerners human righhs violators would treat women with dignity . . . underarand herrer whar rhey mean when rhey say rhar academic phllux'uphl la a wlure boy 5' club lea-hm . WW. ar 3, amp/rum Ln added. ln hehr or repeared and mlmusm'c arremprs bl burll they and men to uullyc rhe proce '6 ar \ale it) hold Page and orher \ale ufficmls accounrahle for their we mi 1 '1 ant mi IX (.impimi/ loin/air. s/ at 9/15 Vioian'on 2: Unequal counseling and use oi appraisal and counseling materials (34 C.F.R. 105.35) and retaliation (April 2011 Dear Colleague Letter, at 15) ro riir 'l'irir ix rrguiarions. snail nor discriminarr against 105 35 ani prrson on riir -ofsr~x in tire cotinsriing or ofsuidullrs." 34 - poll>> ro lmvl'urx in l'mudcnt's other>> to find our whar \\'il'll Lops/s roinpiainr She reported back that the was actually not an Ms. Lopez was ll allowed to spealr about what had happened with I'mf. Pogge--she just was not allowed to spealr about the release lorni itself. _roii1 a Inpu riiar riir 1m rs hail the release form had not been intended to intimidate her. This had in fact been its main effect. - riiar, contrary to what she had been previously told, Yale regulations did allow former undergraduate students to file complaints of sexual harassment for up to one year after graduating. ,.iop . ho griduaroil in Mar 20m, "m rhcrufilru mil cllgihlc in Hit a formal l'llL' 5] Hi". > is further of st ebmcd lumumcntirhu rrison sin>> ro not with aiiricr in the first pine is breatnr sin>> "is iiarissrii and a nullcd hi' i'oggrfig, against on riir ba of Ynlc, an rdtirarionai insrirurion Erdrrai funding, is rootiirrd ro prm'ldc rotuisri iririiour discrimination ba, don, rim c. Violation Failure to assure that employment is made available without discrimination on the basis olsex (34 38,106.51,106.53, and 105.54) and retaliation (April 2011 Dear Colleague Letter, at 5) \r a rosipirnr riir irapirinrnring rrgtiiarions. prrson shall. on riir basis of be uxtludcd irora parririparion in. bu drnird riir of, or in>> ro discrimination in raipioi mun, eonsidrrarion, or ii-iirriirr or pfll'l'rl'm'lc, tindrr ani- rdtirarion program or arrniri oprrarrii by a recipirnr 105.51 draisions in an reincarion program or acting oprrarrd bi on in a rucml' 25. Prof. Pogge is mostly careful to avoid fully consummated sexual relationships with students who he is directly supervising. However, he did have a relationship with- a Chinese student who was auditing his class during the Vale in China summer session where he was lecturing. Ms. .was 22 at the time." Pogge: I really don't think, i have never had anything with an excstudent, never. what about! OK. but I really didn't think of her as a student. She didn't write a paper, I didn't have intellectual contact with her, she was just sitting there. But you wrote hera reference. Pogge: lknow i know i know. That is true." 25. Prof. Pogge used his influence as the Leitner Professor of Philosophy and International Affairs at vale university to write Ms.-a reference for her program at - --where she is currently studying. Prof. Pogge explained to Ms. -that he had intended to leave his partner_ to order to marry When Ms. -forbade this, however, he was forced to end his and Ms -sexual relationship. At his own admission, Prof. Pogge did not write the recommendation letter on the basis of any "intellectual contact" with Ms. - it is therefore reasonable to assume he did so lust because he was involved in a sexual relationship with her or to assuage his guilt for ending their relationship after having made false promises of marriage to Ms - 27. Prof. Pogge explained to Ms. -that this breakup was so traumatic that it caused him to have a heart attack in 2012." However, he would later claim to the New vork Bar Disciplinary Committee in October 2012 that this heart attack occurred because he was being investigated by the McAll'lster Olivarius law firm." 23. Although Ms._shared a consensual relationship with Prof. Pogge, she came to be toward women: disgusted by his "entrenched sexist attitude He uses his position as Leitner Professor at Yale and Director of the as a means of gaining access to and grooming these women. He designs the conditions under which RE: Fernanda topez letter of claim -- 320535 leuly mm Page 1c om intrusion into her personal space while in such a vulnerable state to be extremely upsetting. Although a number of Yale students and affiliates were attending the conference, these individuals never tried to join Ms. Lopez and Prof. Pogge when they would be speaking or having meals at the hotel. Ms. Lopez became very uncomfortable with this, as she realized it was giving an inaccurate impression of her relationship with Prof. Pogge. 55. Although she occasionally corresponded with her family during the trip, Ms. Lopez did not tell them about what was happening. They would be furious at her and at the situation. She was embarrassed that she had not felt able to insist that Prof. Pogge spend GJP money to get her a separate room. She wanted to protect her family from worry on her behalf. She hoped that the constant, ominous anxiety she felt at Prof. Pagge's behavior was misplaced, that somehow she was misunderstanding him, so she chose to ignore it. Ms. Lopez tried to act as though nothing was the matter, that Prof. Pogge was the man she believed him to be, and continued to treat Prof. Page with the same respect and friendly charm that she used with all her superlars and fr'lerlds. 56. On June 15,2010, Praf.Pagge suggested that he and Ms. Lopez watch a movie together. She agreed and he downloaded The Consfohrsordener to his laptop. He then proposed that they watch it together on his bed. Ms. Lopez said she would be more comfortable watching from her own bed, but mm. Page insisted that she sit beside him. Ms. Lopez felt unable to refuse, so she sat uncomfortably on the edge of the bed with one foot on the floor. Prof. Pogge then suggested that they turn the lights off, but Ms. Lopez refused, saying that she preferred them on. She watched the movie for a short while, but then made an excuse and got up. Prof. Pagge finished the movie without her. 57. On June 16, 2010, Prof. Pogge insisted that he and Ms. Lopez cash in their free drinks vouchers at the hotel bar. After finding the house wine unpalatable, mm. Page bought a bottle ofwine for the two of them. Fernanda had one glass and then made her excuses, going up to the room to do some work at around 10:30pm. She sat at the only desk and began to translate into Spanish some documents for the 61?. After a while, at around 11pm, Prof. Pagge returned to the room and lay on his bed. He tried to engage Ms. Lopez in conversation a few times, but she said that she needed to focus. 53. All ofa sudden, Ms. Lopez felt Prof. Pogge sit down behind her. He is a small and slight man, and slid in between the back of the chair and her body, straddling it. She could feel that he was amused. hands reached around her and fondled her hand, her thigh and her breast. For a mament, Ms. Lopez was frozen in horror, unable to move, and her mind was blind with panic. Then she leapt upwards, awkwardly maneuvering herself out and away from Prof. Page. 59. Ms. Lopez fled the room. She spent a few moments wandering through the corridor of the hotel in a state of anxiety and general alarm. She felt violated by Prof. Pogge's unwelcome contact with her. She knew what he desired of her and it made her feel utterly degraded. After a few minutes, Ms. Lopez realized that her money and her phone were still inside the room. She thought of her upcoming yob at the GJP working under Prof. Pogge, of her career and of what people would say. She decided to go back inside. Prof. Pogge was sitting at the desk, working calmly. He did not look up. 50. Ms. Lopez got straight into bed and sought reassurance from her partner, exchanging messages with him over Google Chat on her phone. She nervous that [Pogge is] attempting to flirt with me. . . . there's something not natural all ofa sudden. . . . he's been insinuating things [and] l'rn not feeling comfortable."7E When-asked her what exactly had happened, she refused to explicitly tell him why she was so worried and afraid. She told him that "this may not be the [right] medium. . . . I'm too scared to say anything. Paper trail and everything?" Ms. Lopez's tone, however, clearly reflected the intense fear and confusion that she was experiencing: feel that he is developing sentiments for me. Lolitaclike sentiments. . . . Maybe it's misunderstanding. Butl got this strange sensation today."m 51. Although fear and humiliation prevented Ms. Lopez from explaining the full details of the assault to _during the Chile trip, she did tell him that "Prof. Pogge has pressured her to stay in the same room as him, that he was complimenting her on how she looked, that he had undressed in front of her, and that he had made some inappropriate comments about what would happen ifthey were together?" _was "shocked and angry" to hear these things and he felt that it was "obviously unacceptable behavior for a professor."" 52. The day after Prof. Pogge's assault of Ms. Lopez, June 17, 2mm, there were no conference events planned. Prof. Pogge had previously arranged to spend the day visiting Valparaiso, a beautiful and traditional seaport town north of Santiago, with Ms. Lopez. Prof. Pogge conducted himself 1011512015 Gman Confident: CM -- Fomrded message 77 rm Spanglen stemme-- Dal my Col 30, 2014 316233 PM Sublecl Confrdenttaf To Dear Ms Thank you foryouresmafl and for the document (attached to youresmaflb tnforrnatton about other We are reviewmg the attached document carefuny and, as noted In my preyrous esmafl to you, where appropnale, we er take drrect actron \am now to provde you our response to your request about your own complamt As am sure you understand, eyery adyudrcatory body must rures to ensure that rt has the to broyrde thorough and farrconsrderatron of combrarnts. wuh obhgatron mrnd, yale has gwen a great dear of thought to the boundanes of the Wrde (uwcp The ornnary task rs to proyrde an ayenue of redress for members of the yare communrty, but we arso want to be sure that persons outsrde our commumly who use yare or yare programs can do so safe'y, wrthout fear of sexual mrsconduct. Aftera carefur rewew of the rnformatron you prowded about your own mleracuons Professor Pegge, we have determrned thatyour combrarnt cannot be brought to the uwcforthe fonowrng reasons. . your mleracuons Professor Pogge not occur on the Vale campus or as a resurt of your -- Vi 1011512015 Gman Confident: a Va'e program. . Re'auons Pohcy rs rntended to app'vxo Va'e students, r.e "those enroned In any and a" educauona' and lrammg programs or the the type or that you descnbe In yourermawl wou'd not be consrdered as "drrect supervision" In the context ofthe Pohcv. . Fortne purposes of the UWC, mtrmate partnerwolence occurs when a current or former partner uses ortnreatens physica\ orsexua' wo'ence or seeks to estabhsn power and sound by causmgfear of or sexua' vlo\ence (hltp definitions) The SHARE Center's does not reflect the defmmon our UWC procedures. understand that response comes as a drsapporntment to you, but rt rs the resuh orcaretuuy consrdered pohcres that haye been pubhshed and accepted by the Va'e commumtv. Thankyou tor the thought that you have mvested matterand tor the concern that you have shown forthe sltuauon of otherwomen. Best regards, Stephanie Spang'er Stephame s. Spang'er, MD Deputy Provost ror Health Mars and Academrc \megnty Professorof Obstemcs and Gynecology University Trtle xx Coordmator tom/2m Smart 7 rdtowrng do onTmmas Pogge Mlscunmd CM iI -- Fwd: Following Up on Thomas Pogge Misconduct Col 10, 2015 314128 PM Begin forwarded message: pander stepname" -- Subject: RE: Following Up on Thomas Pogge Misconduct oat 'Aer 28' 2015 al 9:59:37 AM EDT emanda Lopez Agunar soangIer, Slephame" 10(17/2Dt5 Email 7 Foilomng P0992 To: Spangler, Stephanie Subject: Re: Following Up on Thomas Pogge Misconduct Dear Deputy Provost Spangler, Thank you for understanding my concern and interest in making Yale a safer place for its students, instructors, and children. Am I correct in assuming that the order to not reopen the case is coming from President Salovey's office? With thanks. Fernanda On Apr 23, 2015, at 4'06 PM, Spangler Stephanie Dear Ms Lopez, The President's Office asked me to respond to your e-mail below As we discussed in our telephone conversation on February 18, your complaint against Professor Pogge was heard by the University Wide Committee on Sexual Misconduct in 201 and is a closed matter As I further explained, the University carefully considered the information provided by your attorney last summer and sought additional information on those matters that may have involved Professor Pogge's appointment at Yale We have nothing further to communicate about these matters Thank you for your expression of concern for the safety ofthe Yale community We are committed to assuring that Yale is a safe and respectful place to work, study, and live Best regards, Stephanie Spangler Stephanie Spangler, Deputy Provost for Health Affairs and Academic Integrity Clinical Professor of Obstetrics and Gynecology University Title IX Coordinator Message-m- nom- Femanda Lopez Aguila-- mus llmzil gocgle an Fernanda Lopez Aguilar P.O. Box 204286 New Haven, CT, 06520 Thursday, July 22, 2010 Dear Ms. Lopez Aguilar Pursuant to our earlier discussions, I would like to offer you a position as Junior Fellow in the Global Justice Program with effect on September 1st, 2010 subject to your accepting and signing our Contract of Employment. I would like to confirm the terms of this offer as discussed during the interview: • • • Your place of employment shall be 230 Prospect Street, New Haven, CT. You will receive $2,000.00 per month, payable monthly, from my research funds. You work for two projects within the Global Justice Program: ASAP, and labor rights and human trafficking. Please confirm your acceptance of this offer by signing this letter and returning it to me or to Matt Peterson by September 1st, 2010. A copy of this letter is enclosed for your records. Please note that by signing this offer of employment you confirm your ability to perform the job as per the job description discussed during your interview, which will be reflected in your Contract of Employment. I look forward to working with you. Sincerely, _________________________ Fernanda Lopez Aguilar Thomas W. Pogge Leitner Professor of Philosophy & Int’l Affairs